Bowen Harbour Board Act of 1914 (5 Geo v No. 5) (Qld)

1 I. LOCAL 1 PER80NAL 1 AND PRIVA1'E ACl'~ O~ THE PARLIA~lEN11 OF QUEENSLAND 1 5° G EORG11 V. BOONAH SHOW GROUND. Sre PAIIKS AND PUBLIC LAND. BOWEN HARBOUR. See HAHBOllllS. CECIL PLAINS (MOUNT RUSSELL TO) RAILWAY. See RA.ILWAYS. GERALDTON TRAMWAY. See RAUWAYt!. HARBOURS. Bowen HM·bour Board Act of 1914 ... Rockhampton Harbour Board Acts Amendment Act of 1914 'l'ownsville HM'bour Board Acts Amendment Act ot 1914... 5 Geo. V. No. 5 [) Geo. V. No. 19 5 Geo. Y. Xo. 31 An Act to Define the Limits of the Harbour of Bowen 5 Geo. V. and to Constitute a Harbour Board for the N T o H . E 5. said Harbour and for other purposes relating HBAORWBOENUR thereto. BOARD ACT OF 1914. [ASSENTED TO 1ST SEPTEMBER, 1914.] B E it enacted by the King's Most Excellent :\Iajesty, by and with the advice and consent of 1 he Legis- lative Council and L('gislative Assembly Of Queensland in Parliament assembled, and hy the authority of the san1(', as follows:- 1. This Act may be cited as "The Bowen Harbour Short title, Board Act of 1914," and shall come into operation on : ! ~~ e~d' the first day of January, one thousand nine hundred and construction. fifteen.

6414 HAHBOURS. B01Ven Harbolll' Board Act. 5 GEO. V. No. 5, --- --------- In so far as is not inconsistent with or is not otherwise provided by this Act, " The Harbour Boards Acts, 1892 to 1906," l' shall be incorporated with and form part of this Act. "The Harbour Boards Act, 1892/'t is hereinafter referred to as " the Principal Act." Interpreta- tion. 2. For the purpose of the construction of this Act ,and of the Principal Act with this Act, the following terms, unless the context otherwise indicates, have the meanings set against them respectively, that is to say- " By-Iaws"-By-Iaws made by the Board; "Harbour Board" or "Board "-The Harbour Board for the harbour of Bowen. constituted under this Act ; "Harbour"-The harbour of Bowen as defined by this Act; " Local Authorities Act"-" The Local Authorities Acts, 1902 to 1913,"t and any Act amending or in substitution for the same; "Quay Line"-The quay line fixed by the Marine Board of Queensland or other proper authority, and any extension, alteration, or modification of such line within the harbour; "Ratepayer"-Any person who under the Local Authorities Act is a ratepayer of the Town of Bowen or Shire of Proserpine or Shire of Wangaratta or Division one of the Shire of Ayr; " ·Wharfage Lands"-Lands forming portion of the bed of the harbour, between mean high water at springs and the quay line, and which are or may hereafter be used for wharfage purposes. Constitution 3. (1.) The limits of the harbour of Bowen are aonf dHnHbaorbuorur d efine d as f 01 Iows, tha't IS to say :-The area comprI.sed Board. within a line commencing at Cape Edgecumbe, and proceeding thence to Cape Gloucester; thence by the m8jnland to the point of commencement, including all rivers, creeks, and navigable waters within that area. * 56 Vie. No. 26 and amending Acts, supra, pages 819 et seq. t 56 Vie. No. 26, supra, page 819. :j: 2 Edw. VII. No. 19 and amending Aets,supra, pages 1860 et seq., 5653, and 5918.

HARBOUHS. 1914:. Bowen Harbour Board Act. (2.) A Harbour Board for the harbour of Bowen is constituted under the name of "The Bowen Harbour Board,"and is empowered and directed to exercise, perform, and undertake all the jurisdiction, powers, duties, and obligations of a Harbour Board for the said harbour. (3.) The Harbour Board District shall consist of the area for the "time being comprised within the boundaries of the Town of Bowen, and the Shires of Proserpine and Wangaratta and Division one. of the Shire of Ayr, as constituted under and for the purposes of the Local Authorities Act: Provided that if at any time the Town of Bowen or the Shire of Proserpine or the Shire of Wangaratta or Division one of the Shire of Ayr is divided and a new Town or Shire or Division is created, comprising land now forming part of any of the said Areas or Division with or cwithout other land, the said new Town or Shire or Division shall be included in the Harbour Board District, and the elected members hereinafter assigned to the said Areas and Division respectively shall be assigned to them and the new -rrown or Shire or Division respectively in such pro- portions as the Governor in Council, by Order in Council, . may declare; and -in such case he may, if he thinks fit, by Order in Council, increase the number of such members from five to seven. (4.) The Harbour Board shall consist of seven members. Two of such members shall be appointed by the Governor in Council. Five of such members shall be elected by the rate- payers of the Harbour Board District. Subject to this Act, each member shall hold office for three years. ( 5~ ) For the purposes of the election of members the Board shall be deemed to be a Local Authority within the meaning of the Local Authorities Act, and the Harbour Board District aforesaid shall be deemed to be an Area within the meaning of that Act. Two elected members of the Board shall be assigned to the Town of Bowen, and one elected member of the Board shall respectively be assigned to the Shire of Proserpine, the Shire of Wangaratta, and Division one of the Shire of Ayr, and such members shall be elected 6415

6416 HAHBOURS. Bowen Harbour Board Act. 5 GEO. Y. No. 5, by the ratepayers of such Areas and Division respectively in manner provided by the Local Authorities Act; and, notwithstanding anything contained in the Principal Act, the following provisions of the Local Authorities Act, namely- PART Ill. - Subdivision 11.- Qualification of Members: Subdivision I I I.-Retirements and Vacancies (except section seventeen thereof) : Subdivision IV.---Ouster from Office: Sub- division V.-Qualification of Voters : PART IV~ - ELECTION OF MEMBERS: a.nd the Rules as to Elections contained in the Third Schedule to that Act, I!Ihall be applied accordingly, so far as the same are appli- cable, subject, however, to the following modifications:- (a) Elections shall be held in every third year in the respective Areas and Division comprised within the Harbour Board District at the same time and place as elections under and for the purposes of the Local Authorities Act are held, but separate ballot-papers and ballot-boxes shall be provided and used; (b) At the first and at every subsequent election the whole number of the elected members of the Board shall be elected, and at the conclu- sion of every election after the first all the late elected members of the Board shall go out of office, unless they or any of them are re-elected; (c) No ratepayer shall be entitled to give more than three votes at any election of members of the Board for an Area or such Division comprised within the Harbour Board District. <>;oods 4. (1.) Harbour dues shall be raised, levied, collected, sdhIsipchpaerdged or and pal" d" ill respect 0 f aII goods discharged WI "thin the h~ ~ ~ ~ ~ , ~ ~ iable harbour, or shipped from the harbour for carriage to places to dues. beyond the limits of the harbour, at the rates, and in the manner, and to the persons, and at the places prescribed by the By-laws. Extent of (2.) Notwithstanding this Act, "The Harbour Dues ~ rti~ ! C~ ~ ~ : ' of Act of 1892,"* as amended by " The Harbour Dues and Harbour Boards Acts Amendment Act of 1905,"t "The * 56 Vie. No. 29, 8upra, page 860. t 5 Edw. VII. No. 32, 8upra, page 872.

HAHBOURS. 6417 1914. B01l!en Harbo~ tr Board Act. Harbour Due8 Act of 1893"* as amended by the last- mentioned Act, " The Harbour Dues Act of 1895,"t. and " The Harbour Due8 Act8 Amendment Act of 1906"t shall continue to apply to and to have effect within the harbour, until the expiration of fourteen days after the publication in the Gazette of a By-law fixing and authorising the levying of harbour dues. After such ,period of .fourt'een days, "The Harbour Due8 Act of 1892' :' § , ( ~ ~ ~ ptsections four, five, six, and -nine t)lereof), '!. TkellatbaurDue8 Act of 1893 ,,* (except section two thereof and"section ,thretr"thereof as amended by "The Harbour Dues and Harbour Board8Act8 Amend- ment Act of 1905 "ID, " The Harbour Due8 Act of 1895,"t and" The Harbour Dues Act8 Amendment Act of 1906 "t shall cease to apply to or to have any effect within the harbour. Sections four, five, and six of "The Harbour Due8 Act of 1892 "§ shall apply to goods liable to harbour dues under this Act, and for that purpose section four shall be construed as if, in lieu of the words "principal officer of Customs," the words "chairman of the Board" were inserted therein; and in lieu of the words "Queen's warehouse," the words "warehouse appointed by the Minister in that behalf" were inserted therein; and in lieu of the words "Treasurer," the word "Board" were inserted therein; and section five sha.ll be construed as if, in lieu of the words "Collector of Customs," the words " chairman of the Board" were inserted therein. Section three of "The Harbour Dues Act of 1893"* as amended by "The Harbour Due8 and Harbo:Ur Board8 Acts. Amendment Act of 1905" 11 shall apply to goods liable to harbour dues under this Act, and for that purpose the said section shall be construed as if, in lieu of the words " Collector of Customs," wherever those words occur, the words "chairman of the Board " were inserted therein ; and in lieu of the words" Queen's warehouse," the words "warehouse appointed by the Minister in that behalf" were inserted therein. 5. The sum standing at the commencement of this Existing loan. Act to the debit of the harbour in the Harbour Dues Trust ... 57 Vic. No. 19, supra, page 862. t 59 Vic. No. 5, 8upra, page 870. ~ 6 Edw. VII. No. 7, 8upra, page 873. § 56 Vie No. 29, 8upra, page 860. 11 5 Edw. VII. No. 32, supra, page 872.

6418 ------- lIAHBO"CHS. BMl)en Harbour Board Act. 5 GEO. V. No. 5, Account at the Treasury shall be transferred therefrom to the debit of the Board in an account to be opened for that purpose in the books of the Treasury, and shall be deemed to be a loan advanced by the Treasurer to the Board on the first day of January, one thousand nine hundred and fifteen, for a term of thirty-six years, and bearing interest at the rate of four pounds per centum per annum, and shall be liquidated by the Board by the payment to the Treasurer, on the first days of July and January, respec- tively, in every year, of a sum equal to two pounds twelve shillings and eleven pence for everyone hundred pounds of the said loan; and such sums shall continue to be payable until the total amount of the said loan, together with the interest accruing thereon, have been 80 paid. Power 10 borrow. 6. (1.) The Board may from time to tjme borrow money on the security of the dues, rates, charges, rents, and other profits payable to or authorised to be received by or vested in the Board. Limit. (2.) The total amount which the Board may so borrow, inclusive of any sums previously borrowed and not repaid and the sum mentioned in the last preceding section of this Act, shall not exceed a sum equal to eighteen times the average annual income of the Board, exclusive of loans 1 during the period of five years then last past; or during the first five years of the existence of the Board exceed a sum to be fixed by the Minister. Application (3.) Sections two hundred and seventy-five to two pofrocveir. tiaoinns of hundred and eighty-four, both inclusive, of the Local L A o n c th a o l ritieH Authorities Act shall apply to moneys proposed to be Act. borrowed or borrowed by the Board, and for that purpose the said sections shall be construed as if, in lieu of the words" Local Authority" or "Council," wherever these ·words occur, the word" Board" were inserted therein; and in lieu of the word" chairman," the words "chairman of the Board " were inserted therein; and in lieu of the words." Local Fund," the words" Harbour Fund" were inserted therein: Provided that, notwithstanding anything contained in the said sections, any person who is named in the rate book of any Area or such Division as aforesaid comprised within the Harbour Board District as an occupier or owner of rateable land shall be entitled to join in a demand for a poll on the question of any loan and to vote at such poll.

HAHBOUHS. ------------------- - 1!Jl4. BoU'en Harbour Board Act. 6H9 7. (1.) All or any part of the -moneys lhich the Powerto Board is by this Act authorised to borrow may be borrowed g~ r; : - ~ olid~ ~ ~ from the Consolidated Revenue of Queensland. Revenue. (2.) For the purposes of every such loan, the Board Local Works shall be deemed to be a Local Authority within the tO~ ; ~J~ ct8 meaning of and subject to the Local Authorities Act and . "The Local Works Loans Acts, 1880 to 1899."* Every such loan shall be deemed to be a loan advanced for 'works of the first class under the last-mentioned Acts. (3.) When and so often as any part of the moneysPowerto from time to time due and payable by the Board to the epnafyomrceentthoef Treasurer under this Act and the said Acts remains unpaid arrears. for three months, the Treasurer shall give notice to the Board to pay such money within a time to be stated in such notice, and if the Board fails so to do may make and levy such harbour dues or wharfage rates, or both, as he considers needful (for which purpose he shall have all the powers and remedies of the Board in that behalf), and may also, by notification in the Gazette, appoint a Receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Board, to the amount stated in such notification; and the Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such Receiver and the management by him of the business of the Board as the Treasurer . thinks proper.; and judicial notice shall be taken of all such orders and directions. Thereupon such Receiver shall, from the date stated in such notification, be the only person legally entitled to receive the revenues of the Board, and shall be deemed to that extent and for that purpose to be a public accountant within the meaning of " The Audit Act of 1874"t or any Act amending or in substitution for that Act. 8. The Board may, for temporary accommodation, Boud may obtain advances from any bank by way of overdraft 9 f the ~ ~ ~ ~ draft. current Harbour Fund Account: Provided that- (a) During the first year of the existence of the Board such overdraft shall not exceed a limit to be fixed by the Minister ; * 44 Vic. No. 9 and amending Acts, supra, pages 2023 et 8eg. t 38 Vic. No. 12, 8upra, page 74.

6420 HAHBOURS. Brnoen Harbour Board Act. 5 GEO. V. No. 5, (b) Thereafter no such overdraft shall at anyone time, or under any circumstances, exceed one- fourth of the amount of the total income of the Board, exclusive of loans, for the year then last past. Declaring 9. It is hereby declared that no sanction, permission, ttohaetrescatnclions or 1 eave or l l ' Cense h ereto f ore ' gIven or grante d b y t h e w b h e a lo r w ve~ h , lgh & - "., :Marine Board of Queensland or other proper officer or wat"r mark authority to place any wharf, pile, or other structure of ~ i~ : s:~ dt the any kind below high-water mark in the harbour of Bowen, Clarnodwnfr. om the or to disturb or move any land forming portion of the bottom or bed of the said harbour for any such purpose, and no occupation or continued occupation of the said land during any lapse of time, has had any effect whatso- ever in or towards divesting from the Crown the sole right, title, and property in the said land, but every such sanction, permission, leave, license, and occupation is and has always been granted and enjoyed only during the pleasure of the Crown. In future 10. No wharf, pile, or other structure of any kind ~ ~ d~ f~ ~ IY to shall be placed below high-water mark at ordinary tides bpeurcscucaunpcield of in \vit . hin the harbour ' and • no portion of the wharfage lan • ds this Act. of the harbour shall be dIsturbed, moved, used, or occupIed for ""harfage purposes except in accordance with the pro- visions, regulations, and conditions of a lease issued under the authority of this Act. Any person who, in contravention of this section, constructs or attempts to construct, or causes to be con- structed, any such work as aforesaid, or disturbs, moves, uses, or occupies, or causes to be disturbed, moved, used, or occupied, any wharfage lands, shall be liable to a penalty not exceeding one hundred pounds, and also to a further penalty not exceeding ten pounds for every day during which any such operations are carried on or such use or occupation is continued after the Board has prohibited the same. \Yharfage 11. The Governor in Council may from time to time, lvaensdtfsdminaythbee by Proclamation, vest any whadage lands in the Board, Board. subject to such conditions, stipulations, and reservations as he thinks proper; and so long as such Proclamation remains unrevoked the said lands shall be and remain vested in the Board accordingly for the purposes of this Act.

HARBOURS. 6421 19LL BmoenHorbo11l' Bu(trd Act. Subject to the Principal Act, the Governor in Council Grant of may, f rom t I·me t 0 tI' me, I.n the name and on beh aIf 0 f HI' S other lands. Majesty, grant to the Board any land, other than such wharfage lands, vested in His Majesty, subject to such conditions, stipulations, and reservations as he thinks proper; and such land when so granted shall be held and dealt 'with by the Board, subject to and for the purposes of the Principal Act and this Act, and for no other purpose. 12, The Board, with the approval of the Governor in Leases may COUnCl' I, may from tI' me t 0 t' Ime cause 1eases t 0 be ' Issued be granter!. of any wharfage lands vested in it to the owners or other persons in lawful possession of the lands fronted by such wharfage lands: Provided as follows : - (a) Every such lease shall be for such term not Term. exceeding fourteen years as the Board, with the approval of the Governor in Council, thinks fit ; (b) In every such lease there shall be inserted a Condition. condition that the lessee shall during the term thereof use and occupy the wharfage lands comprised therein solely for wharfage purposes and in accordance with this Act; (c) Ttohe cleosnsseteruocf t anthyewrehoanr,fagoer laonndsanwyhoapdrJ·oOp. Ion. sInegs aPwplhpaarmrof,vte& odcb. b , e y of lands, any wharf, or to alter any wharf existing Board. thereon, or on any adjoining lands, shall, in manner prescribed by Regulations in that behalf, submit plans and specifications of the proposed work to the Board for its approval, and shall execute such work entirely in ac- cordance with the plans and specifications so approved: Any breach of this provision shall be • deemed to be a breach of the conditions of the lease of such wharfage lands whereby the lease may be forfeited; (d) Every such lease shall reserve an annual rent Rent. to be p aid by the lessee to the Board : Such rent shall be payable at such times and in such instalments as the Board may fix : If default is made by the lessee in the payment of rent, the lease shall be forfeited,

6422 HARBOUHS. BOUien Harbour Board Act. 5 GEO. Y. No. 5, together with all improvements then existing on the lands leased; but the lessee may defeat the forfeiture by payment of the rent within ninety days from the date appointed for pay- ment thereof, with the addition of a sum by way of penalty calculated a.s follows, that is to say: If the rent is paid within thirty days, five per centum is to be added; if the rent is paid within sixty days, seven and a-half per centum is to be added; and if the rent is paid after sixty days, ten per centum is to be added. But, unless the whole of the rent together with the penalty is paid within ninety days from the appointed day, the forfeiture as aforesaid shall absolutely enure. Wharfage 13. Wharfage lands whereof leases are granted under flaronmdsreaxtienmgp. t this Act shall not be deemed to be rateable lands within the meaning of the Local Authorities Act. Regulations. 14. The Governor in Council may from time to time make Regulations for giving due effect to the provisions of this Act relating to wharfage lands. All such Regulations shall upon publication in the Gazette have the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. All such Regulations shall be la.id before Parliament forthwith if then sitting, or, if not, then within fourteen days after the commencement of the next ensuing sitting. Provisions as 15. With respect to leases granted by the Board to leases. under this Act or under section one hundred and sixteen of the Principal Act, the following provisions shall apply:- (i.) The Board' may accept the surrender of such lease, and may execute in favour of any assignee of such lease, and may, with the consent of the lessee or his legal personal representative and every person having an interest in the land under such lessee, execute in favour of any sub-lessee, for the whole of the unexpired term of the original lease, a new lease, direct from the Board, for the whole or any portion of the land comprised in the original lease; and may release the original lessee from all liability in respect of the

HARBOURS. 6423 1914. Bowen Harbour Board Act. covenants contained in the original lease, but in the case of any sub-lease, in so far only as such covenants extend to the land comprised in such sub-lease, upon such terms and con- ditions as the Board may think reasonable; (ii.) The Board, in any such lease, may covenant with the lessee for the payment by the Board, at the expiration of the term of such lease, of the value or a portion of the value of any buildings, wharves, or improvements erected on the land by the lessee during the currency of the lease. 16. (1.) In addition to the lands which the Board is Ho!ud may authorised, by section eighty-four of the Principal Act, to r~: ;d~ fo~ purchase or acquire, the Board may, out of any funds at Phvidin g its disposal, and subject to "The PUblic Works Land : Jled. ~ e. , R esump t ~ · on A C t / O 190 , 6"* purch ase, acqUI"re, or t ,aK 1_ e a co u n d ve o n t i h e e n r ce~ . lands, including any wharves, warehouses, storehouses, sheds, or other buildings erected, either wholly or partly, thereon, that may be deemed necessary for all or any of the following purposes, that is to say:- Constructing, extending, or increasing harbour works ; Providing additional places for receiving, deposit- ing, storing, loading, or unloading, and ship- ping or discharging goods; and Erecting warehouses, storehouses, offices, sheds, weighing-machines, and other buildings and conveniences. from( 2a. n)yTpheersBono, afrodr manayy tferromm ntoimt eextcoeetdimm" ge ttha" Ikret yayleeaarsse, lBtaaonkadersdleaamnsdaesy of of any land, or any wharf, on such conditions as the Board wharves. may think reasonable, for the purposes or any of the purposes for which the Board is empowered to take land. 17. The Board may carry on the business of towage, Power to and for that purpose may purchase or otherwise acquire ~ ~ : : ~ g~ n all necessary and proper vessels, plant, and equipment. bmines•• The Board may, subject to the Principal Act, make By-laws fixing a scale of charges to be paid for towage by the Board. * 6 Edw. VII. No. 14, supra, page 3608. 'R

6424 HARBOURS. Bowen Harbour Board Act. 5 GEO. V. No. 5, 1:l14. Offensive or 18. When goods discharged from a vessel are found d go an od g s er t o o u b s e to be in an offensive or dangerous condition by reason of sdoelsdtrooryed if decay or otherwise, and the same, in the opinion, certified nafotterrenmootivceed. itnhewsraitmineg, , aoref ainnjuorfifoicuesr toof tthhee Bpuobalridc ahpepaoltihntoerdstaofeitnys,ptehcet chairman of the Board may cause notice in writing to be served on the owner or consignee, or, if his address is unknown, cause a notice in writing to be affixed to the material in or to which any portion of such goods is contained or attached, requiring such owner or consignee to remove such goods within twenty-four hours from the time of giving or affixing such notice. If after the expiration of such period of twenty-four hours the goods are not removed, the chairman of the Board may cause them to be sold or removed; or if, in the opinion of such officer of the Board, certified in writing, the goods are unsaleable,the chairman may cause them to be removed and destroy'ed. The proceeds of such sale shall be applied-first, in payment of the costs and charges of such inspection and sale; secondly, in payment of any Customs duties; then' in payment of any dues; next, in payment of any freight payable thereon; and the surplus, if any, shall be paid to the owner or consignee thereof. Recovery of penalties. 19. All penalties in respect of offences against any of the provisions of this Act or of the Principal Act relating to the harbour or to matters within the jurisdiction of the Board may be recovered. by complaint in a summary way under" The Justices Acts, 1886 to 1909."* The complaint in respect of every such offence may be made and prosecuted by the chairman of the Board, or by some other person authorised in that behalf by writing under the hand of the chairman. In any proceeding for any such offence, the due appointment of all officers of the Board, and the authority of any officer to do any act or to institute such proceeding, shall be presumed until the contrary is proved. All penalties so recovered shall be paid into the Harbour Fund. * 50 Vie. No. 17 and amending Acts, flUpra, pages 1132 et seq.