CO885-(21-23) — Page 281

39

PUBLIC RECORD OFFICE

Reference :-

IL CO. 885

22 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO.

Schedule of Charges.

No. 99.-Section 101 (in amendment of Section 74). The following shall be the scale of charges for annual licences for nets, fishing boats, and other implements of fishing, &c., licences under these Regulations:-

For the net (a), Section 3

For the net (), Section 3 For the net (c), Section 3 For the net (d), Section 3 For the net (e), Section 3 For the net (f), Section 3 For the net (g), Section 3

For the net (1), Section 3

For the net.

Section 78

To angle by way of trade (personal)

For every crabpot

For every fish factory

For every fishing boat other than a steamboat

For every mechanically-propelled fishing boat

For every mechanically-propelled vessel engaged

"

whaling" or porpoise fishing

For every boat used for whaling "or porpoise fishing

other than mechanically-propelled

For every harpoon gun

For fish kraals (subject to the provisions of Section 43) For the taking of oysters otherwise than for trade

(visitors' licence) per diem

For the taking of mussels

For each additional mussel licence (up to four)

£5 0 0

5 0 0

2 10 0

1 0 0

10 0 0

1 10 บ

2 10 {

2 10 0

1 0 0

1 0 0

10 0

1

0

(

10 0

1 0 0

5. 0 0

10

COO

10

0

7 10

1

0

10 0

5 0

The Licensing Officer may issue licences after the 30th June at one-half the prescribed fee.

Available for the capture of crayfish also.

See amendment under Government Notice No. 710 '1907. See amendment under Government Notice No. 284/1908.

Regulations may be varied in the Interests of Science.

No. 100. Notwithstanding any prohibition made in these Regulations, the Principal Fisheries Officer may at any time, subject to the imposition of any condi- tions that may appear desirable, authorise the taking or capture of fish for scientific or experimental purposes.

Penalties.

No. 101.--Contravention of the Act or of these Regulations are in terms of Sections 34 to 39 of the Act punishable by cancellation of licence and fine or imprison- ment in default of payment, with forfeiture of boats, gear, nets, and implements, up to the value of £50, or by cancellation, forfeiture, and imprisonment without the option of a fine; or the offender may be sued in a Magistrate's Court for the whole amount of the appointed fine, in which case forfeiture of property or cancellation of licence will not be decreed.

Former Regulations Reroked,

No. 102. The Regulations made under Law 21, 1884, or any Laws or Acts amending the same, so far as such Regulations relate to waters within the operations of the Coast Fisheries Act, 1906, are hereby revoked.

Commencement of Regulations.

No. 103. These Regulations shall come into force as from the

day of

APPENDIX 8.

EXTRACT SHOWING THE USUAL FORM OF LEASE ADOPTED FOR WHALING SITES IN THE CAPE.

11. The lease to Messrs. Stephan Brothers, of Cape Town, of a certain strip of Crown land, about 100 feet in width, lying between the low water mark of the sea and the land, held under a title-deed of 18th September, 1868, in favour of J. MacLachlan and others, at Stompneus Bay," St. Helena Bay, Division of Mal- mesbury, Province of the Cape of Good Hope, as a site for a whaling station and for the manufacture of products derived from whales, and the grant of permission to the lessees to erect, maintain, and use jetties and slipways on the land so leased; the lease to be subject to the following conditions :—

(1) The lease shall be for a period of one year from the 1st January, 1912, renewable for further periods of one year at the option of the lessees, the exercise of the option to be notified in writing addressed to the Secretary for Lands, Pretoria, before the 1st December in each year; and the total period not to exceed 25 years from the 1st January, 1912. The annual rental shall be £2, payable in advance before the 31st January in each year; and, for the year ending 31st December, 1912, the rental of £2 shall be paid on the execution of this agreement.

(2) The lessor may terminate the lease should the lessees fail to make boná fide use of the land to the satisfaction of the Minister of Lands for the purpose of a whaling industry for three consecutive years, or contra- vene any of the conditions.

(3) The lessees shall at no time be deemed to have acquired, by virtue of this agreement, any right or legal claim to a grant of the land leased; and they shall have no right, at the expiration of the lease, or at any time, to be compensated in respect of any buildings, jetties, landing stages, facilities, or improvements they may have erected or effected, which, unless removed before the expiration of the lease, shall become the property of the lessor; provided that the lessor reserves the right to take over all or any such erections at or in anticipation of the expira- tion of the lease, at a price to be assessed by a sworn appraiser to be appointed by the lessor for the purpose.

(4) The lessees shall have no right to transfer, lease, or sublet the land hereby leased, or the jetties and buildings erected by them without the consent of the lessor obtained in writing.

(5) Any existing right of the public to the land shall not be disturbed and a right of way over the land shall remain free and uninterrupted.

(6) The lessor reserves to himself the free use, for Government purposes, of all

jetties and landing stages that may be erected by the lessee.

(7) The Customs Officer shall for Customs purposes have the right of free access to, and control over, the structures erected by the lessers. (8) Fishermen shall have free and uninterrupted use of the sea in the neigh-

bourhood of the whaling station,

(9) Nothing but colonial produce shall be shipped from or landed at the said jetties. Machinery and other articles on which duty has been paid and which are required in connection with the indu..ry are, however. excepted from this condition.

(10) It is an essential condition of this lease that the lessees' business shall be carried on without any nuisance being caused thereby, whether by reason of a noisome smell or by the discharge of any, effluvia or of any noxious or offensive matter or by anything likely to endanger the health of the public, and that nothing done or occasioned in the course of business shall contravene the Regulations for the time being in force either of the Department of Harl ours or of the Department of Public Health. For this purpose it shall be the duty of the lessees to comply in all respects with the Regulations of the Department of Harbours and those made by the Public Health Department, and they shall diligently carry out all reasonable requirements given them by the Port Officers or the Health Officer for ensuring a compliance with such Regulations. All refuse and substance likely to decay shall be