HARBOUR BOARDS AND COUNTY COUNCILS.

Hawera & Normanby Star, Volume XLII, Issue 7385, 11 February 1902, Page 2

HARBOUR BOARDS AND COUNTY COUNCILS.

Our former correspondent writes to ( ' say that a few additional quotations ( from the Harbours Acts may assist j many settlers in grasping the position, | and asks us to insert the following — ( "Whenever any harbour board (and presumably a county council appointed a harbour board) is desirous of executing or constructing any harbour works upon land vested in such board or upon lands of the Crown of such a nature that the same could under the said Act only be carried out and cxeouted under tbe authority of a special Act, the Board may apply to the Goveinor-in-Council for a special order, and if the Governor-in-Council thinks fit such order may be made and granted subject to the terms and conditions hereinafter prescribed. ." "The provisions of parts 11. and 111. of. Public Works Act, 1882, shall be deemed' to be incorporated in any Order-in-Council, &Dd any compensation payable to any body or person for any land taken or injuriously affected shall be ascertained and paid by the Board. ." And again : "If in any case the Governor-in-Council is satisfied that the proposed works unduly interfere with any public right of navigation, or any other public right or interest, or i are of such magnitude or importance that the same ought to be carried out under the authority of an Act of the | General Assembly, he may refuse tomake any order in respect of the application." " Harbour works " have a very wide application, and " include any basin, graving dock, slip, dock, pier, quay, wharf, ]etty, bridge, viaduct, breakwater, embankment, or dam, or any reclamation of land from the sea, navigable lake, or river, or excavation, deepening, dredging, or widening of any channel, basin, or other part of a harbour, and generally any works for the improvement, protection, or management of a harbour, whether complete or incomplete, in the sea, or in, on, or near the shore of the sea, or of any creek, bay, arm of the sea, or navigable river communicating therewith." Our correspondent adds : " From the above, one concludes that a harbour board or county council having tbe powers of a harbour board can apply to the Governor -in - Council for sanction to construct harbour works ' upon lands.' Doeß this apply to the construction of a breakwater, which is not constructed upon land ? Does not the provision as to obtaining permission to construct harbour works by special order apply to any harbour works except a breakwater ? If this view is not correct, tbe New Plymouth Harbour Board could apply to the Governor-in-Council for sanction to construct an extension of the breakwater, without the necessity of getting the sanction of the ratepayers."