Ballasting Act 1840 (SA)

b.

; '. ANNO QUARTO .

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T O R I a R E G I N X.

AS it is expedient as we11 for the protection of the banks and

of Port Adelside from injury as for deepening the channel and

nsvi&ion of vessels therein that the baUasting of ships should be

in manner aftermentione d :

FORE ENACTED by His Excellency Lieutenant-Colonel George

of the Royal Hnnoverian Guelphic Order Governor and

m Chief of Her &Ilajesty's Province of South Australia by and

and consent of the Legislative Council thereof -

I That it shall be lawful for his Excellency the Governor from time to

"-	time by notice published in the South Aartrdirm GnxtLe to appoint proper
places m the said port either in the channel or On the banks thereof from
rhieh places all mud sand or othor m3terials to be used for ballasting ships
nhall be raised dug excavated or procured and by like ordar to appoint a
ballast master or other fit and co~npetent officers to superintend the pro-
mrin and supplying of sdch ballast and the loading thereof on board of all
vesse f S.

11. That no peraon shall excavate dig raise pro:ure or load any tnnd sand

W other materials used for bdlast ins velrelr other tlien the proper o%cers

.	appointed ss ofors3aid or persons actm; in their cnployment or ider tllcir stlperintendance or at any othzr place than tlioso authorised as abovenrentioned and every ship owner maqter offi:ar or seaman uf illly ship or other pmm
hats so aver found oft;:nrIin,o q a i n n t or eoi~tr~tvznisg ths: above et1 rct~n::li~
@hall forfeit and pay n pcnslty not escsedins five PWII~IS for every s w b
offence. -.

111. That it shall be lawful for the harbour ~xsxter in respect of tllc said

supply of ballast by the officers appointed as a~oresaid to charge and levy rates and dues at and after a scale to be from time to time authorised by the Governor and p u t > l i ~ h ~ d in the Sortrli Auslral:an Caxrre which shall Le payable on demand by all owners masters and other ofIicers of ships to the said harbour master or other officer by whom empowered in the satm manner and a t the same time as the other port dues pa~nblc by them respectively aud no such vessel shall be cleared outwards at the cuvtorns until production

of a receipt for the said ballast dues under the hand of the proper officer.

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IV. That all such rates and dues and all penalties im?osed by this act

shall in default of imn~ediate paynlent be recoreralde by summary procedure before the Resident Magistrate or any two Justices of the I'eace for f he province and by distress and sn!e and in default of sufficient distress by irnprisonnwlt for auy period not exceeding three months .\nd all such rates

dues and penalties shall be paid to the harbour master of Port Adelaide to

be accounted for to the C o l m i d Treasurer for the p b l i c uses of the province

md suhport of the Govcrnrnent thereof.

V. That this act shall commence on the first day of September, 1810.

GEORGE G.qWLER,

G o ~ e r n o r of South Austr~tia.

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Pasred in Council this Eleventh day of August, 1840.

A. RI. MUNDY,

Clerk of Council.

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ADE1,AIDK : Printed Ly authority by R o n ~ ~ + r THOVAS A; CO.,

Govcrrunout Printrrr, I4rrrdleg-ttroet.