1892
THE NEW ZEALAND GAZETTE.
[No. 50

8. REVOCATION OF LICENSE.

The Minister in charge of Scenery Preservation may at any time give the licensee notice in writing of his intention to require the revocation of this license in so far as it confers a right to use water from a stream situated within a Scenic Reserve, and this license in so far as it confers such a right may by His Excellency the Governor-General in Council be revoked at any time after the expiry of two months from the date on which such notice was handed to the licensee or posted to him by registered letter, addressed to him at his last known address or place of abode in New Zealand.

9. PROTECTION OF BIRDS AND WILD ANIMAL LIFE.

The licensee or his assigns shall not do or permit any of their servants, agents, or workmen to do anything in pursuance of this license which may cause the destruction of birds or of any form of wild animal life.

10. RENTAL.

The licensee shall in respect of this license pay to the District Engineer of the Public Works Department at Greymouth, or to such other person as the Minister of Public Works may from time to time in writing require, a yearly rental of £7 2s. during each and every year commencing from 1st April, 1932. Of this amount the sum of 10s. shall be credited to the Miscellaneous Rents Account in Consolidated Fund, and the residue to the Electrical Supply Account. The rating of the generator at present installed is 230 volts 144 amperes.

11. 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 enable such person or body corporate to reduce the natural fall between the headworks and tailwater, or the volume of the water which the licensee is by this license authorized to take from the said stream.

12. 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.

13. 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.

14. ASSIGNMENT.

The rights and privileges conferred by this license shall not be assigned, transferred, sublet, or otherwise vested in or extended to any person other than the licensee, without the prior consent in writing of the Minister, and it shall not be necessary in any circumstances for the Minister to disclose the cause or reason for withholding or refusing his consent.

15. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph (c) of clause 5 of the Electrical Supply Regulations, 1927, the generating and transmission voltage being 230 volts.

16. CROWN NOT LIABLE TO PAY COMPENSATION.

Nothing in this license shall be held to impose any liability upon His Majesty 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.

17. BED OF STREAM NOT LEASED.

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

18. 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 Electrical Supply Regulations, 1927, shall apply to the breach of any such condition or obligation, whether it relates to the use of water or the erection of lines.

19. ALTERATIONS TO WORKS.

In the event of the licensee at any time desiring to make alterations to the work 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.

20. 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 at any time to inspect such works so as to ensure that the provisions of this license are given due effect to.

21. 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.

22. REQUIREMENTS OF WESTLAND 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 Westland County Council.

23. RAILWAY AND TELEGRAPH DEPARTMENTS’ LINES.

The licensee shall rectify to the satisfaction of the New Zealand Government Railways Board, 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.

24. PURCHASE OF INSTALLATION BY ELECTRIC-POWER BOARD OR CROWN.

Subject to the provisions of the Electric-power Boards Act, 1925, or any Act passed in amendment thereof or in substitution therefor, any Electric-power Board whose district or outer area shall include the area within which are erected the lines described in clause 5 hereof, or the Crown, shall have the right, at any time during the currency of this license, to purchase and take over the licensee’s installation at a valuation to be agreed upon between the said Board or the Crown, as the case may be, and the licensee; and, failing such agreement, at a valuation to be fixed by a single arbitrator to be appointed pursuant to the provisions of the Arbitration Act, 1908, and thereupon the Governor-General may by Order in Council revoke this license.

25. SALE OF ELECTRICITY.

The licensee shall not sell or supply electricity to any person without the prior consent in writing of the Minister of Public Works.

26. TREES NOT TO BE FELLED OR BRANCHES REMOVED EXCEPT BY CONSENT.

No trees shall be felled or branches removed in connection with the construction or maintenance of any works (including transmission lines) without the prior consent in writing of the Commissioner of Crown Lands for the district being first had and obtained, and the Commissioner may in granting such consent impose such conditions as he may consider necessary.

27. LICENSEE SHALL PROTECT BUSH AND TREES FROM FIRE.

The licensee shall take all reasonable precautions to protect the bush and trees on the Scenic Reserve from fire.

28. LICENSEE RESPONSIBLE FOR DAMAGE TO BUSH.

The licensee shall be responsible for any damage to the bush and/or trees on the Scenic Reserve from fire or otherwise caused by the licensee or his employees, agents, or workmen.

F. D. THOMSON,
Clerk of the Executive Council.

(P.W. 26/1789.)