For the purposes of this Act, the Governor-General may from time to time, by Order in Council,—

The powers conferred by subsection (1) of this section may be exercised whether or not the limits of the harbour or the name of the harbour have been defined or fixed by any Act or by any instrument, and every Order in Council under that subsection shall have effect accordingly.”

Where any harbour or area of the sea or lake or river that is not under the control or management of a Harbour Board borders on the district of any public body or on the districts of two or more public bodies or is contained within any such district, then, on the request of the public body or on the joint request of two or more such public bodies (whether or not of the same kind) the Governor-General may, by Order in Council, grant to the public body, or, as the case may be, to one of those public bodies or to those public bodies jointly, the control, for such period not exceeding twenty-one years as is specified in the order, of that harbour or area of the sea or lake or river, or of such part or parts thereof as are specified in the order.

Notwithstanding anything in subsection (2) of section 73 of the River Boards Act 1908, no Order in Council under this section shall have effect to limit the jurisdiction of any River Board within any harbour or area of the sea or lake or river specified in the Order in Council that forms part of the district of the River Board.

Any Order in Council under this section may be made subject to such terms, conditions, and limitations as the Governor-General thinks fit, including (but without limiting the generality of the foregoing provisions of this subsection) provisions authorising the public body or, as the case may be, the public bodies jointly, for and within the limits of the harbour or area of the sea or lake or river under its or their control or any part or parts thereof—

The provisions of sections 93 to 120 of this Act shall apply with respect to any harbour dues and harbour improvement rates made and levied pursuant to the provisions of any such Order in Council, as if the public body or bodies were a Harbour Board.

Any such public body may expend money out of its general fund or account for any purpose specified in any Order in Council made under this section or in any subsequent Order in Council.

Where the control of any harbour or area of the sea or lake or river or of any part or parts thereof is by this section granted to two or more public bodies jointly, they may make joint bylaws pursuant to this section either by holding separate meetings of each public body and passing similar special orders or resolutions, or by meeting together by one or more delegates from each public body, in which case the voting shall be by the delegates of each public body, or the majority of them, exercising one vote on behalf of the body they represent.

Bylaws made under the authority of this section shall not be repugnant to the provisions of this Act or the General Harbour Regulations or any other Act.

Bylaws made under the authority of this section shall not come into force until they have been approved by the Minister, by notice in the Gazette.

On the commencement of any bylaws made pursuant to this section and relating to the matters specified in paragraph (42) of section 232 of this Act, and so long as they remain in force, the Motor Launch Regulations 1958 and any regulations made in amendment thereof or in substitution therefor or made under the authority of section 241a of this Act shall not apply within the area to which the bylaws apply.

Subject to the provisions of this section, section 233, subsection (2) of section 234, and sections 236, 237, and 239 of this Act, as far as they are applicable and with the necessary modifications, shall apply with respect to any bylaws made pursuant to this section, as if the public body or the public bodies acting jointly were a Harbour Board.

Any Order in Council under this section may at any time in like manner be amended or revoked.

In this section—

The provisions of this section shall apply to land the property of the Crown (being either foreshore land between high-water and low-water mark or land below low-water mark the depth of water on which is not sufficient at high water, spring tides, for the purposes of navigation) where that land is not necessary for the purposes of a harbour.

Where in the opinion of the Minister any land to which subsection (1) of this section applies could be used for farming purposes if reclaimed from the sea, he may approve the leasing of the land under this section, subject to the condition that the lessee shall reclaim the land within such time as may be fixed, and subject to sections 176 to 182 of this Act.

Where the Minister has approved the leasing of any land under subsection (2) of this section, the Land Settlement Board established under the Land Act 1948 may lease the land at a rental value to be stated in the lease for any term not exceeding thirty-three years, subject to the condition that the lessee shall reclaim the land within such time as the Land Settlement Board fixes, and subject to such other terms and conditions as the Land Settlement Board, with the concurrence of the Minister, thinks fit.

Before leasing any land under subsection (3) of this section, the Land Settlement Board shall, by public notice, call for applications for the land within a time specified in the notice, being not less than one month after the date when the land is first notified as being open for acquisition. The Land Settlement Board shall, by registered post, serve notice of the calling of applications on the owner and any lessee of any land adjoining the area to be reclaimed.

Notwithstanding anything in subsection (4) of this section, where the land to be reclaimed is in the opinion of the Land Settlement Board so small or narrow or of such a configuration that it cannot be usefully occupied by any person other than the owner or owners or lessee or lessees of adjoining lands, the Land Settlement Board may grant a lease to that owner or lessee or to one or more of those owners or lessees without calling for applications, subject to the owner or owners or lessee or lessees—

Any offering of land which has been notified as open for application under this section may at any time be withdrawn by the Land Settlement Board, notwithstanding that application therefor has been made under subsection (4) of this section.

Where the holder of a lease under subsection (3) of this section has complied with the terms and conditions of his lease to the satisfaction of the Land Settlement Board, he may surrender that lease and, upon payment of all survey costs and such fees as may be fixed by the Land Settlement Board, obtain in exchange a renewable lease under the Land Act 1948, or may purchase the freehold of the land for cash or on deferred payments in accordance with the provisions of that Act. The rental value or purchase price, as the case may be, shall be the amount of the rental value stated in the surrendered lease.

Section 58 of the Land Act 1948 shall not apply to any lease or licence or fee-simple title granted pursuant to this section, unless the Land Settlement Board in any particular case so determines.

Section 59 of the Land Act 1948 shall apply with respect to any disposition of land under this section.

Where the lessee under a lease granted under subsection (3) of this section fails or neglects to reclaim the land to the satisfaction of the Land Settlement Board within the time fixed, or within such extended time as the Land Settlement Board may allow, the Land Settlement Board shall report the failure or neglect to the Minister, who may cancel his approval to the reclamation, and thereupon the lease shall be forfeited and the land shall cease to be available for leasing under this section.

In this section the term ‘farming purposes’ means the purposes of a dairy farm, a cattle farm, a sheep farm, a pig farm, a market garden, an orchard, an apiary, a nursery, a poultry or egg farm, or a farm used for the growing of crops of any kind.”

The Governor-General may from time to time, by Order in Council, grant to any public body, for a period not exceeding twenty-one years and upon such conditions as may be specified in the order,—

“Provided that, where the foreshore or the bed of the lake is inside the limits of a harbour for which there is a Harbour Board, the control thereof may be granted under this section only to the Harbour Board:

“Provided also that, subject to the provisions of the first proviso to this subsection, where the foreshore or land adjoining the foreshore or the land adjoining the margin of the lake is under the control of a National Park Board or Scenic Board or Domain Board, the control of that part of the foreshore or of that part of the bed of the lake shall not be granted under this section to any other public body except with the consent of that Board.

The public body to which the control of the foreshore or of the bed of any lake is so granted may make such bylaws as are necessary for the proper preservation and control thereof, and for the proper conduct and clothing of persons bathing on the foreshore or in that part of the lake or in the vicinity of the foreshore or of that part of the lake.

The said public body may, subject to the provisions of sections 176 to 182 of this Act,—

The provisions of sections 157 to 161 of this Act, as far as they are applicable, shall apply with respect to any licence or permit granted under this section, as if—

Where the control of the foreshore or of the bed of any lake is granted under this section to any public body, all licences or permits previously issued in respect thereof by the Governor-General or by the Governor-General in Council or by the Minister and then in force shall continue in force as if granted by the public body, and as if references therein to Her Majesty or to the Crown or to the Governor-General or to the Governor-General in Council or to the Minister or to the Government were references to that public body.

The Foreshore Licence Regulations 1960, and any regulations made in amendment thereof or in substitution therefor, shall apply with respect to any licence or permit granted under subsection (3) of this section or, except to the extent to which they are inconsistent with the terms of any such permit, to any licence or permit referred to in subsection (5) of this section, as if—

Where a public body to which the control of the foreshore or of the bed of any lake is granted under this section ceases to have that control, any licence or permit granted under subsection (3) of this section or referred to in subsection (5) of this section which is then in force shall continue in force as if it had been granted by the Minister, and as if references therein to the public body were references to the Minister.

Bylaws made under the authority of this section shall not be repugnant to the provisions of this Act or the General Harbour Regulations or any other Act.

Bylaws made under this section shall not come into force until they have been approved by the Minister, by notice in the Gazette.

In this section the term ‘public body’ means a Harbour Board, a local authority, a Domain Board, the National Parks Authority, a National Park Board, a Scenic Board, or persons acting as trustees for the inhabitants of the locality.”