Water Use License Conditions




106
THE NEW ZEALAND GAZETTE.
[No. 6

(c) Contour-plans showing difference in level of water due to the construction of the headworks:
(d) Drawings giving full particulars of any tunnels, aqueducts, and pipe-lines used in conveying the water from the headworks to the power-station.
(e) Drawings showing the arrangement of the generating, switching, and transforming plant in the power-station.

  1. UTILIZATION OF THE WATER.

The said water shall be used under this license solely for the purpose of generating electricity.

  1. LOCATION OF HEADWORKS.

The said water shall be taken from the said stream situated on Sections 20 and 21, Kinloch Settlement, Block VI, Akaroa Survey District, as indicated on the plans marked P.W.D. 82789 (hereinafter referred to as “the said plans”), deposited in the office of the Minister of Public Works at Wellington.

  1. GENERAL DESCRIPTION OF WORKS.

The licensee is hereby authorized, subject to the conditions herein contained, to construct, maintain, and use the following works for the purposes of this license, the position of the said works being indicated on the said plans:—
(a) Headworks consisting of dam and necessary intakes:
(b) Pipe-line leading from head-race to the power-house hereinafter referred to; also tail-race from the power-house to the said stream:
(c) Power-house with all necessary equipment, including water-turbines, generators, transformers, lightning-arresters, switchboards, switches, exciters, and other appliances for generating electricity:
(d) Transmission and other lines over the routes shown by means of green lines on the said plans:
(e) Such further transmission and other lines within the premises of the licensee as may from time to time be required. Any extensions or alterations of lines pursuant to this paragraph shall be made only after compliance with the provisions of clauses 21, 22, and 23 of the regulations.

  1. MAINTENANCE OF WORKS.

The licensee shall maintain the works used under this license in proper working-order during the continuance of such license.

  1. DURATION OF LICENSE.

This license shall, unless sooner determined in accordance with the provisions hereinafter expressed, continue in force for a period of twenty-one years from the date hereof. Upon the expiry of the said term, or upon the sooner determination of this license by revocation or otherwise, all rights hereby granted to the licensee shall thereupon cease and determine, but such expiration or determination shall not relieve the licensee of any liability theretofore incurred under this license.

  1. RENTAL.

The licensee shall in respect of this license pay to the District Electrical Engineer, Public Works Department, Christchurch, a yearly rental of 4s. per kilowatt of maximum output generated during each and every year from 1st April, 1931, with a minimum of 8s. per annum. The output either shall be recorded by means of a watt-hour meter installed by the licensee, or, failing such installation, it shall be determined on the maximum capacity of the generating plant installed.

  1. GRANTING OF OTHER WATER-RIGHTS.

Nothing herein shall prevent the Governor-General in Council from granting to any person or body corporate other than the licensee a license to take water from any portion of the said stream, except at the place where the licensee is by this license empowered to take it: Provided that no such license shall so operate as to reduce the natural fall between the headworks and tail-water, or the volume of the water which the licensee is by this license authorized to take from the said stream.

  1. VARIATION IN CONDITIONS OF LICENSE.

The terms and conditions of this license may from time to time, at the request or with the consent in writing of the licensee, be altered by the Governor-General by Order in Council.

  1. SURRENDER OF LICENSE.

The licensee may at any time, with the consent of the Minister, surrender this license, and shall thereupon remove from the ground (if so required by the Minister) all removable equipment, machinery, buildings, poles, transmission-lines, and other plant herein authorized to be installed or provided.

If the licensee fails or neglects so to remove the said plant within twelve months after being required so to do, such equipment, machinery, buildings, poles, lines, and other plant shall, without payment of compensation, vest in and become the property of the Crown.

  1. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph (c) of clause 5 of the regulations.
The generating and transmission voltage shall be approximately 110 volts between the terminals.

  1. CROWN NOT LIABLE TO PAY COMPENSATION.

Nothing in this license shall be held to impose any liability upon His Majesty the King or upon the Government of New Zealand to pay compensation to any person, corporate body, or local authority by reason of the exercise by the licensee of the authority hereby granted; but the licensee shall be liable for any loss or damage which any person, corporate body, or local authority may sustain as the result of the exercise by the licensee of any of the powers granted by this license.

  1. BED OF STREAM NOT LEASED.

Nothing herein shall be held to constitute a lease from the Crown of the bed of the stream shown on the said plans, nor shall the provisions of Part IX of the Property Law Act, 1908, apply to this license.

  1. DEFAULT.

If the licensee fails or neglects to observe any of the conditions or obligations imposed by this license, then and in any such case the provisions of clauses 229 and 230 of the regulations shall apply to the breach of any such condition or obligation.

  1. ALTERATIONS TO WORKS.

In the event of the licensee at any time desiring to make alterations to the works involving a departure from the location or type of construction shown on the approved plans, he shall first submit for the Minister’s approval plans showing such new location and [or] type of construction as it is proposed to adopt, and with such approval the alterations may be carried out.

  1. INSPECTION OF WORKS.

The Inspecting Engineer of the Public Works Department or any other person empowered in that behalf by the Minister shall at all times, both during and after the construction of the works, have free access to and liberty to inspect such works so as to ensure that the provisions of this license are given due effect to.

  1. CONTRACT BETWEEN LICENSEE AND CROWN.

This license shall be deemed to constitute a contract as between the licensee and His Majesty the King, and may be enforced by and against either party accordingly.

  1. REQUIREMENTS OF BANKS PENINSULA ELECTRIC-POWER BOARD AND WAIREWA COUNTY COUNCIL.

Notwithstanding anything hereinbefore contained, the licensee shall not by virtue of these presents be entitled to lay, construct, put up, place, or use the electric lines hereby authorized, except subject to such conditions (not inconsistent with the provisions of this license or of the regulations) as may from time to time be imposed by the Banks Peninsula Electric-power Board and the Wairewa County Council.

  1. RAILWAY AND TELEGRAPH DEPARTMENTS’ LINES.

The licensee shall rectify to the satisfaction of the Minister of Railways or the Minister of Telegraphs, as the case may be, any interference or disturbance caused by the erection or operation of the licensee’s system that affects the satisfactory working of telegraph-lines which are the property of the Railways Department or the Telegraph Department, and which were erected prior to the licensee’s lines.

  1. TIME FOR SUBSTANTIAL COMPLETION OF WORKS.

The licensee shall substantially complete the works hereby authorized within a period of one year from the date of this license, or within such further time as the Minister may allow in the event of the work being delayed by strikes, lock-outs, breakdowns, or other unavoidable causes not due to any neglect by the licensee.

F. D. THOMSON,
Clerk of the Executive Council.
(P.W. 26/1577.)



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🏗️ License to Thomas Feather for Water Use and Electric Lines (continued from previous page)

🏗️ Infrastructure & Public Works
14 January 1932
Water use, Electricity generation, Kinloch Settlement, Public Works Act 1928, License conditions
  • Thomas Feather, Licensee for water use and electricity generation

  • F. D. Thomson, Clerk of the Executive Council