MAR. 17.] THE NEW ZEALAND GAZETTE. 479
Zealand a notice in writing of any defect or want of repair
in such wharf, requiring the licensee within a reasonable
time, to be therein prescribed, to repair the same, the licensee
shall with all convenient speed cause such defect to be re-
moved or such repairs to be made.
8. Nothing herein contained shall authorize the licensee
to do or cause to be done anything repugnant to or incon-
sistent with any law relating to the Customs, or any regulation
of the Minister of Customs, or with any provisions of the
Harbours Act, 1923, or its amendments, or any regulations
made thereunder, and that are now or may hereafter be in
force.
9. The master of each vessel discharging ballast at the
said wharf shall have all such ballast taken away and de-
posited above high-water mark, or at such place as may be
approved by the Minister, or by any person appointed by
the Minister for that purpose.
10. The rights, powers, and privileges conferred by this
Order in Council shall continue in force for fourteen years
from the lst day of February, 1938, unless in the meantime
such rights, powers, and privileges shall be altered, modified,
or revoked by competent authority; and the licensee shall
not assign, charge, or part with any such right, power, or
privilege without the previous written consent of the Minister
first obtained.
11. The said rights, powers, and privileges may be at any
time resumed by the Governor-General, and the licensee
may be required to remove the wharf at the licensee's own
cost, without payment of any compensation whatever, on
giving to the licensee three calendar months' previous notice
in writing. Any such notice shall be sufficient if given by
the Minister and delivered at or posted to the last-known
address of the licensee in New Zealand.
12. The licensee shall be liable for any injury which the
said wharf may cause any vessel or boat to sustain through
any default or neglect on the licensee's part.
13. In case the licensee shall-
(1) Commit or suffer a breach of the conditions herein-
before set forth, or any of them;
(2) Cease to use or occupy the said wharf for a period of
thirty consecutive days;
(3) Fail to pay the sum specified in clause 3 of these con-
ditions ; or
(4) Become bankrupt or be brought under the operation
of any law for the time being in force relating to
bankruptcy-
then, and in any of the said cases, this Order in Council and
every right, power, or privilege may be revoked and deter-
mined by the Governor-General in Council without any notice
to the licensee or other proceedings whatsoever; and pub-
lication in the Gazette of an Order in Council containing
such revocation shall be sufficient notice to the licensee and
to all persons concerned or interested that this Order in
Council, and the rights and privileges thereby conferred,
have been revoked and determined.
14. In the event of this Order in Council being revoked
for any reason whatsoever, or upon the expiry of the period
for which the licensee is granted, the licensee shall, if required
by the Minister so to do, remove the said wharf entirely
from the site and restore the site to its original condition
within three months from the date of revocation or expiry,
as the case may be; and, if the licensee fails so to do, the
Minister may cause the said wharf to be removed and the
site so restored, and may recover from the licensee the costs
incurred by the said removal and restoration.
15. The occupation of the wharf shall be deemed to be an
acceptance by the licensee of the terms and conditions of
this Order in Council.
C. A. JEFFERY,
Clerk of the Executive Council.
Licensing the Puponga Coal-mine, Limited, to use and occupy
a Part of the Foreshore and Land below Low-water Mark at
Golden Bay as a Site for a Wharf.
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 8th day of
March, 1938.
Present:
His EXCELLENCE THE GOVERNOR-GENERAL IN COUNCIL.
PURSUANT to the Harbours Act, 1923, His Excellency
the Governor-General, acting by and with the advice
and consent of the Executive Council, doth hereby license
and permit the Puponga Coal-mine, Limited, of Nelson (herein-
after called "the company," which term shall include its
successors and assigns unless the context requires a different
construction), to use and occupy all those parts of the fore-
shore and land below low-water mark at Golden Bay as shown
on plan marked M.D. 2603, approved on the nineteenth day
of March, one thousand nine hundred and three, and deposited
in the office of the Marine Department at Wellington, for
the purpose of the use of the wharf as shown on the said plan
for a term of fourteen years computed from the first day of
March, one thousand nine hundred and thirty-eight, such
license to be held and enjoyed by the company upon and
subject to the terms and conditions set forth in the Schedule
hereto.
SCHEDULE.

1. In these conditions the term-
   " Foreshore " means such parts of the bed, shore, or
   banks of a tidal water as are covered and un-
   covered by the flow and ebb of the tide at ordinary
   spring tides :
   " Low-water mark " means low-water mark at ordinary
   spring tides :
   " Minister " means the Minister of Marine as defined
   by the Shipping and Seamen Act, 1908, and
   includes any officer, person, or authority acting
   by or under the direction of such Minister.
2. The concessions and privileges conferred by this Order
   in Council shall extend and apply only to that part of the
   foreshore and land below low-water mark necessary for the
   maintenance of the wharf as shown on plan M.D. 2603.
3. In consideration of the concessions and privileges granted
   by this Order in Council, the company shall pay to the Minister
   the sum of £1, and thereafter an annual sum of £I in advance,
   payable on the Ist day of April in each year, the proportionate
   part of such annual rental in respect of the period from the
   lst day of March, 1938, until the 31st day of March following
   to be paid on the company being supplied with a copy of this
   Order in Council.
4. All persons shall at all reasonable times, and upon pay-
   ment of the proper dues, have free and full liberty to use the
   said wharf and all rights of ingress and egress thereto and
   therefrom.
5. His Majesty or the Governor-General, and all officers in
   the Government service acting in the execution of their duty,
   shall at all times have free ingress, passage, and egress into,
   through, over, and out of the said wharf without payment.
6. The company shall maintain the above-mentioned wharf
   in good order and repair, and shall at all times exhibit there-
   from, and maintain at the company's own cost, suitable and
   necessary lights for the guidance of vessels; provided that
   no light shall be exhibited until after it has been approved
   by the Minister.
7. Any person authorized by the Minister may at all
   reasonable times enter upon the said wharf and view the
   state of repair thereof; and upon such Minister leaving at
   or posting to the last-known registered office of the company
   in New Zealand a notice in writing of any defect or want of
   repair in such wharf, requiring the company within a reason-
   able time, to be therein prescribed, to repair the same, the
   company shall with all convenient speed cause such defects
   to be removed or such repairs to be made.
8. Nothing herein contained shall authorize the company
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regulation
   of the Minister of Customs, or with any provisions of the
   Harbours Act, 1923, or its amendments, or any regulations
   made thereunder, and that are now or may hereafter be in
   force.
9. The master of each vessel discharging ballast at the said
   wharf shall have all such ballast taken away and deposited
   above high-water mark, or at such place as may be approved
   by the Minister or by any person appointed by the Minister
   for that purpose.
10. The rights, powers, and privileges conferred by this
    Order in Council shall continue in force for fourteen years
    from the 1st day of March, 1938, unless in the meantime
    such rights, powers, and privileges shall be altered, modified,
    or revoked by competent authority; and the company shall
    not assign, charge, or part with any such right, power, or
    privilege without the previous written consent of the Minister
    first obtained.
11. The said rights, powers, and privileges may be at any
    time resumed by the Governor-General, and the company
    may be required to remove the wharf at the company's own
    cost, without payment of any compensation whatever, on
    giving to the company three calendar months' previous notice
    in writing. Any such notice shall be sufficient if given by
    the Minister and delivered at or posted to the last-known
    registered office of the company in New Zealand.