1 JULY

NEW ZEALAND GAZETTE

1833

(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 5 and 17.

12. Vesting of certain land—On the vesting day, Parcel D, S.O. 15463 vests in Cobb River Power Station Limited.

13. Registrar-General to register vestings—The Registrar-General of Land must take all steps, and make all entries in the registers, necessary to give effect to the vestings effected by this order.

14. Statutory obligations—No grantee’s right authorises the grantee—

(a) To do any thing that is contrary to any enactment; or

(b) To do without the required permission any thing that is contrary to any enactment unless permission has been obtained under the enactment; or

(c) To do, with the required permission but otherwise than in accordance with any condition or requirement subject to which that permission was granted, any thing that is contrary to any enactment unless permission has been obtained under the enactment.

Schedules

Schedule 1

Clause 3

Operating Easement

1. Water may be stored and retained (in accordance with any resource consents or other statutory or regulatory consents or approvals held by the grantee) up to operating levels determined from time to time by the grantee in its sole discretion; but—

(a) If unusually heavy rain, an unusually heavy inflow of water, or any other event beyond the reasonable control of the grantee, affects water levels, the grantee may store and retain water on or about the operating easement land up to the designed flood level of the dams and structures; and

(b) If lawfully directed or requested to do so by a civil defence authority, or if required in any other case beyond the grantee’s reasonable control, the grantee may store and retain water beyond the designed flood level.

2. To the extent that the operating easement land forms the bed of any natural waterway,—

(a) The grantee may from time to time (in accordance with any resource consents or other statutory or regulatory consents or approvals held by the grantee) discharge water into that waterway or onto the operating easement land; and

(b) If lawfully directed or requested to do so by a civil defence authority, or if required in any other case beyond the grantee’s reasonable control, the grantee may discharge water into that waterway, or onto the operating easement land, beyond the levels authorised by the resource consents or other statutory or regulatory consents or approvals held by the grantee.

3. (1) The grantee—

(a) May from time to time as the grantee sees fit install, operate and maintain booms and other floating equipment on any lake or reservoir on the operating easement land used for the storage of water:

(b) Anchor any such equipment on the operating easement land.

(2) The grantee may from time to time as the grantee sees fit install, operate and maintain on the operating easement land equipment or structures of all or any of the following kinds:

(a) Survey, monitoring, and measuring equipment and structures, and other similar equipment and structures.

(b) Safety devices, equipment, and structures.

(3) Except in an emergency, the grantee must not without first obtaining the grantor’s written consent install any device or equipment on the operating easement land, or on any lake or reservoir on the operating easement land.

(4) Except in an emergency, the grantee must not without first obtaining the grantor’s written consent operate any device or equipment on the operating easement land, or on any lake or reservoir on the operating easement land, that has been installed after the vesting day without the grantee’s first obtaining the grantor’s written consent.

4. The grantee must use reasonable endeavours to minimise erosion, land subsidence, land slippage and landslides on the operating easement land by available practical and economic means, as determined by the grantee in its reasonable opinion; and—

(a) May from time to time undertake works, or plant vegetation (being native species grown from local seed or propagated from local plants), on the operating easement land to maintain the storage of water or to minimise erosion, land subsidence, land slippage, landslides, or flooding; but

(b) Must use reasonable endeavours to ensure, so far as is practicable, that the works or planting are in keeping with the character of the operating easement land and within the constraints of the operating flexibility for each of the dams and structures.

5. (1) The grantee may from time to time—

(a) Remove from the operating easement land or any water on it any gravel, rock, sediment, vegetation, or other material that in the grantee’s opinion—

(i) Is impeding or likely to impede the efficient generation of electricity by the grantee; or

(ii) Is causing or likely to cause damage, danger, or injury to people or property (including the dams and structures) on or about the operating easement land:

(b) Redistribute or relocate, on the operating easement land or elsewhere, any gravel, rock, sediment, vegetation, or other material removed.

(2) Except in an emergency, the grantee must not without first obtaining the grantor’s written consent—

(a) Remove any gravel, rock, sediment, vegetation, or other material from the operating easement land or any water on it; or

(b) Redistribute or relocate on the operating easement land any gravel, rock, sediment, vegetation, or other material removed from the operating easement land or any water on it.

(3) Subclause (2) has effect as if all gravel, rock, sediment, and vegetation removal programmes and equipment in place or operated by the grantee before the vesting day were in place or operated with the grantor’s consent.

(4) Nothing in subclause (2) restricts or prevents the grantee from raising or lowering from time to time (during the course of carrying on the grantee’s electricity generation business) the level of any water on or about the operating easement land.

6. (1) For the purpose of exercising any of the grantee’s rights, the grantee may from time to time carry out and maintain any works on, under or over the operating easement land.