Cairns Harbour Board Act of 1905 (5 Edw VII No. 27) (Qld)

8986 CHURCHES AND CHAPELS-HARBOURS AND RIVERS. Cairns Harbour Board Act. 5 EDW. VII. No. 27, THE 1'HIRD SCHEDULE. " The Methodist Church Proper(1! Acts, 1893-1905." CERTIFWATE AS TO TRUSTEES OF CHURCH LANDS. I hereby certify that [hm"e insert names of the Trustees f01" the time· bein.q or for the time specified. as the case may be, as shown by the Re.qister of Trustees] are [or were on the day of ,19 Ji the Trustees of [here specify the particular Ohurch lands]. Dated at this day of , 19 . [Signature] Custodian of Deeds. HARBOURS AND RIVERS. 5 ENdow.. 2V7. II. An Act to Define the Limits of the Harbour of THE CAI'RNS Cairns and to Constitute a Harbour Board for HARBOUR BOARD the said Harbour, and for other purposes. ACT OF 1905. relating thereto. Preamble. [ASSENTED TO 201'H DECEMBER, 1905.] W HEREAS it is expedient to define the limits of the Harbour of Oairns and to constitute a Harbour Board for the purpose of exercising and performing in respect to the said Harbour the powers and authorities conferred upon Harbour Boards by "The Harbour Boards Acts, 1~ 92 to 1900," * and other necessary powers and authorities: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Oouncil and Legislative . Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title, 1. This Act may be cited as "The Oairns Harbour mccooemnnsmtt, reuancnctdieo-n. o B n oa a r n d d f A ro c m t o t f h1e90fi5r,s"t adnady sohfalJlacnoumarmye, nocnee atnhdoutsaaknedenffiencet hundred and six. In so far as is not inconsistent with or is not otherwise provided by this Act, " The Harbour Boards Acts, Ib92 to 1900,"* shall be incorporated with and form part of this :Act. " The Harbour Boards Act, 1892,"t is hereinafter referred to 8;S "the Principal Act." '*' 56 Vie. No. 26, supra, page 4575; 56 Vic. No. 29, supra, page 4634; 57 Vie. No. 19, supra, page 4822; 59 Vic. No. 5, supra, page 5637; and 64 Vie. No. 31, supra, pa~ e 7259. t 56 Vic. No. 26, supra, page 4575.

HARBOURS AND RIVERS. 1905. Oairns Harbour Board Act. 2. For the purpose of the construction of this Act I.nterpreta- and of the Principal Act with this Act, the following tlOn. 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 Cairns constituted under this Act; "Harbour"-The harbour of Cairns as defined by this Act; "Local Authorities Act "-" The Local Authorities Act cif 1902,"" and any Act amending or in substitution for that Act; " 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; " Ratep~ yer" - Any person who under the Local Authorities Act is a ratepayer of the Town of Cairns, or Shire of Barron, Cairns, Herberton, Tinaroo, Walsh,or W oothakata ; " 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. Harbour and Harbour Board. S: (1.) ·The limits of the harbour of Cairns are hereby.constitution defined as follows, that is to say: Commencing at Cape ~ ~ : Hbobr Grafton, thence by a line bearing north (magnetic) two Board. ar our miles, thence by a line bearing north eighty-two degrees west (magnetic) to Taylor Point, thence by the high-water line on the mainland to the point of commencement, including all rivers, creeks, and navigable waters within the above limits. (2.) A Harbour Board for the harbour of Cairns is hereby constituted under the name of "The Cairns Harbour Board," and is hereby 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 Cairns, and ,.the Shires of Barron, Cairns, Herberton, Tinaroo, Walsh, and W oothakata, as constituted under and for the purposes of the Local Authorities Act. L *'2 Edw. "VII. No. 19, 81lprolpage8355.

898S HARBOURS AND RIVERS. Oairns Harbour Board Act. 5 Enw. VII. No. 27, (4.) The Harbour Board shall consist of nine mem- bers, to be elected by the ratepayers of the Harbour Board District. (5.) For the purposes of such elections 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 members of the Board shall respectively be assigned to the Town of Cairns and the Shire of Walsh, and one member of the Board shall respectively be assigned to the Shires of Barron, Cairns, Herberton, Tinaroo, and Woothakata; and such members shall be elected by the ratepayers of such Areas 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 III.-Subdivision II.- Qualifioation of Mem- bers : Subdivision III. -Retirements and Vaoancies (except section seventeen thereof) : Subdivision IV,- 01"ster from Offioe: Sub- division V.- Qualification of Voters: PART IV.-ELECTION OF MEMBERS: and the Rules as to Elections contained in the Third Schedule to that Act, shall be applied accordingly, so far as the same are applic- able, subject, however, to the following modifications :- (a) Elections shall be held in every third year in the respective Areas comprised within the Har- bour 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 members of the Board shall be elected, and at the conclusion of every election after the first all the late 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 or the Board for an Area comprised within the Harbour Board District•.

1905. HARBOURS AND RIVERS. Cairns Harbour Board Act. Harbour ])ues. 4. (1.) Harbour dues shall be raised, levied, collected, G:oods ,and paid in respect of all goods discharged within the ~ ~ ~ ~ ~ ~ 1ed or harbour, or shipped from the harbour for carria2'e to places within th~ : u l.. eyond the lI • mI • ts of the harbour, at t h e rates, '-J an d' In the thoardbuoeus. r liable manner, and to the persons, and at the places prescribed by the By-laws. (2) Notwithstanding this Act "The Harbour Dues Extent of Act oi 1892," * " The Harbour ])tles Act of 1893," t and ~f[ ~~ ctc~ : of ~ , The Harbour ])ues Act of 1895" 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 fourteen days, "The HaJ'bour ])ues Act of 1892" * (except sections four, five, six, and nine thereof), " The Harbour ])ues Act oj 1893"t (except sections two and three thereof), and" The Harbour nues Act of 1895" t shall cease to apply to or to have any effect within the harbour. Sections four, five, and six of " The Harbour ])ues Act of 1892"* shall apply to goods liable to harbour dues under this Act, and for that purpose section four shall be read and 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" Colonial Treasurer," the word" Board" were inserted therein; and section five shall be read and (lonstrued as if, in lieu of the words "Collector of Customs," the words" chairman of the Board" were inserted therein. Section three of "The Harbour ])ues Act of 1893" t 1Shall apply to goods liable to harbour dues under this Act, and for that purpose the said section shall be read and construed as if, in lieu of the words "Collector of Customs," wherever those words occur, the words" chair- man 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. • 56 Vic. No. 29, supra, page 4634. t 57 Vie. No. 19, supra, page 4822. t 69 Vic. No. 5, supra, page 6ti37.

8990 HARBOURS AND RIVERS. OaifflS Harbour Board .Act. 5 EDw. VII. No. 27, Offensive or 5. When goods discharged from a vessel are found to gdoanodgsertoousbe be in an offensive or dangerous condition by reason of sold or decay or otherwise, and the same, in the opinion, certified ndeosttrreomyeodve if d in writing, of an officer of the Board appointed to inspect. after notice. the same, are injurious to the public health or safety, the 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 and 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 destroyed. 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. Borrowing powers. Power to borrow. 6. (1.) The Board may from time to time borrow money on tbe 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 sc} borrow, inclusive of any sums previously borrowed and not repaid, shall not exceed a sum equal to eighteen times the average annual income of the Board exclusive of loans 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 of certain hundred and eighty-four, both inclusive, of the Local Lproocvailsions of Authorities Act shall apply to moneys proposed to be AAcutt. horities tbhoerrsoawidedseocrtiboonrsroswhaeldl bbye trheeadBaonardd, coannsdtrufoerd tahsaitf,piunrploiesue of the words "Local Authority" or "Council," wherever those words occur, the word H Board" were inserted therein; and in lieu of the word" chairmari," the words

HARBOURS AND RIVERS. 8991:, 1905. Oairns Harbour Boar(J".Aot. ~ , 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 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 o.f .any loan and to. vo.te at such poll. 7. (1.) All o.r any part o.f the moneys which the Power to Bo.ard is by this Act authorised to borro.w may be borro.wed ~ ~ : Oso' ri: O~ from the Co.nsolidated Revenue o.f Queensland. Revenue. . (2.) For the purposes of every such loan, the Bo.ardLocal Works shall be deemed to. be a Local Authority within the meaning ~o: ;; l~cts -of and subject to " 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 and subject. to. those Acts. , (3.) When and so often as any part of the. moneys Power to from time to time due and payable by the Board to. the ~ :~~ ce~ ~:~ Treasurer under the said Acts remains unpaid for three arrears. months, the Treasurer shall give no.tice to. the Board to pay such money within a time to be stated in such n.o.tice, and if the Bo.ard fails so to.. do may make and levy such harbour dues o.r wharfage rates, or bo.th, as he considers needful (for which purpose he shall have all the powers and remedies o.f the Bo.ard in that behalf), and may' also,. by notificatio.n in the Gazette, appoint a. Receiver to collect o.n his behalf and to pay to the Treasury all o.r any moneys from time to time due and o.wing to the Board, to. the amount stated in such no.tifica- tio.n. Thereupon such Receiver shall; from the date stated in such notification, be the only person legally entitled to receive the revenues o.f 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 o.r in substitutio.n of that Ac.t. 8. (1.) Such sum o.f mo.ney as is equal to four~ fifths Power to sell' of the who.le amount which the Board is by this Act debentures. authorised to. bo.rrow may, with the permissio.n o.f t1;te Governor in Council, be raised by the· sale of debentures.. «> 44 Vie•. No. 9, 8upra,;page 1456. 62 Vie. No. 9,.aupra, page 6600; IInd 63 Yill'. No. 7, 8upra, page 7 1 3 9 . . . . t 38 Vie. No. 12,8upro" page IS. '

8992' HARBOURS AND RIVERS. Oairns Harbour Board Act. 5 Enw. VII. No. 27, Existing loan (2.) If at the time such permission is applied for anY' !:; b~ ~ : ~ ~ money, whether principal or interest, on account of any out of new loan advanced by the Treasurer to the Board remains loan. unpaid, such permission shall only be granted upon the condition that this debt shall be discharged out of the first moneys raised by the Board by the sale of the debentures. Local (3.) Notwithstanding anythjng contained in the Prin- AAcutthorities cipal Act, sections two hundred and sixty~ eight to two applied. hundred and seventy~ four, both inclusive, of the Local Authorities Act shall apply to the borrowing of money by the Board by the sale of debentures, and for that purpose the said sections shall be read and construed as if, in lieu of thA words "Local Authority," wherever those words occur, the word "Board" were inserted therein; and in lieu of the word" chairman," the words" chairman of the Board" were inserted t.herein; and in lieu of the word "rates," wherever that word occurs, the word "dues" were inserted therein. Board may take overdraft. 9. The Board may, for temporary accommodation,. obtain advances from any bank by way of overdraft or the 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; (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. Wharfage Lands. Declaring. 10. It is hereby declared that no sanction, permission~ ttohaetrescant ctIOns or leave or license heretofore o O ~ 'iven or granted by the wharves! &c., Marine Board of Queensland or other proper officer or ~~~ e: ~ ~ ~ t- authority to place any wharf, pile, or other structure of h~ ve not any kind below high~ water mark in the harbour of Cairns, or ~ ; ~ ~ ~ ~ h: he to disturb or move any land forming portion of the bottom Crown. 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 whatsoever in or towards divesting from the Crown the sole right, title, and property in the said land, but every such sanction, permis- sion, leave, license, and occupation is and has always been granted and enjoyed only during the pleasure of the Crown.

HARBOURS AND RIVERS. 1905. Oairns Harbour Boara Act. 11. No wharf, pile, or other structure of any kind In future- sWh. Iathll I ' I b I etheplaahcerdbobuerl,owandhingoh- pwoartteior nmoafrktheatwohrdarifnaagrey ltainddess bwernahoacsdcrfouangpe 1 iyed t ( i ) n of the harbour shall be disturbed, moved, used, or occupied i: i~ s~ c~ ~ e of for wharfage 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 pro- hibited the same. But this section shall not be deemed to apply to any of the lands described in the Schedule hereto during the currency of any lease subsisting at the commencement of this Act. 12. The Governor in Council may from time to time, Wharfage . b y " . D .. rocIamatI.On, vest any wharfage 1ands ' In tIle Board, lvaensdtesdminaythbee and so long as such Proclamation remains unrevoked the Board. said lands shall be and remain vested in the Board accord- ingly for the purposes of this Act. Subject to the Principal Act, the Governor in Council Grant of may, f rom t l"me t 0 0 t l ' me, I . n the name and onbehaIf 0 f HI' S otherlandli. Majesty, grant to the Board any land, other than such wharfage lands, vested in His Majesty, 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. 13. (1.) The Board, with the approval of the Governor Leases may in Council, may from time to time cause leases to be issued b~ granted. of any wharfage lands vested in it to the owners or other persons in lawful possAssion 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 apprQval of the Govel'uor in Council, thinks fit;

8994 RARBOURS AND RIVERS. Oair1l3 Harbour Board Act. 5 EDw. VII. No. 27, Condition. Plans, &c., of wharf to be approved by Board. Rent. (b) In every such lease there shall be inserted a 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) The lessee of any wharfage lands who proposes to construct thereon, or on any adjoining lands, any wharf, or to alter any wharf existing 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 accord- ance 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 to be paid 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, 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 hy way of penalty calculated as 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 cenium 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. f IW a ro n h m d s a r r e f a a x t g i e n e m g p . t W h er 1 eo 4 f . I Weahseasrfaargee glaranndtsedwhuincdherarethI . nSowAcutndshearlllenasoet boer deemed to be rateable lands within the meaning of the Local Authorities Act.

·HARBOURS AND RIVERS. 8995 ~ 905. Oairns Harbour Board Act. 15. The Governor in Council may from time to time Regulations. 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 laid before Parliament forthwith if then sitting, or, if not, then within fourteen ..days after the commencement of the next ensuing sitting. General Provisions. 16. With respect to leases now subsisting or leases Provisions as granted by the Board under this Act or under section one to leases. hundred ~ nd 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 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 conditions 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. . 17 . The lands severally described in the Schedule Oertain lands hereto shall, after the commencement of this Act, vest in iest~ in 'the Board, subjecfto any lease from the Crown then sub- [ S~ ~ edule. ] sisting, and the Board shall have all the rights and powers and be subject to all the duties and obligations reserved to or imposed upon the Crown in. every . such lease, and

8996 HARBOURS AND RIVERS. Oairns Ra'l'bou,. Board Act. 5 EDW. VII. No. 27~ the respective lessees shall attorn to the Board. Save as aforesaid, such lands, and each of them, shall be held and dealt with by the Board subject to and for the purposes or this Act and the Principal Act, and for no other purpose. Board may 18. (1.) In addition to the lands which the Board is: C: f~ ~ authorised, by section eighty-four of the Principal. Act, to, pl'Oviding purchase or acquire, the Board may, out of any funds at ! h~ : ve~ d its disposal, and subject to '~ The Public Works Lands, other' . Resumption A.cts,". purchase, acquire, or take lands, includ.. conTemences. ing 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. r:!:i:::ci Board may (2.) The Board may from time to time take a lease- s of from any person, for any term not exceeding thirty years, wharves. of any land, or any wharf, on such conditions as the Board; may think reasonable, for the purposes or any of the purposes for which the Board is empowered to purchase, land. Dred~ 19. The Governor in Council shall, as soon as ~ ':" nnga: ~ practicable after the commencement of this Act, cause the- pro~~ eOf e dredge "Willunga" to be delivered to the Board or its. ~ e Board. authorised officer. From and after such delivery, the said dredge shall become and be the property of the Board, and the same- shall be held, managed, controlled, and used by the Board,. subject to and for the purposes of this Act and the- Principal Act: Provided that whenever it is deemed expedient by the- Board to discontinue the said dredge, or to substitute for the said, dredge any other dredge, then the said dredge- may be sold or otherwise disposed of ft,S the Board may think fit, and any proceeds arising from such sale or disposal shall be paid into the Harbour Fund. ''PH, ,·402 Vie. No. 11, 8fl,p'l'a, page 2527, and 52 Vie~ No.f, page 2594.

HARBOURS AND RIVERS. 8&97: 1905. Oairns Harbour Board Act. 20. The Board may carry on the business of towage, Power to and for that purpose may purchase or otherwise acquire ~ : ~ 7g~ n all necessary and proper vessels, plant, and equipment. busiuess. The Board may, subject to the Principal Act, make By~ laws fixing a scale of charges to be paid for towage by the Board. 21. All penalties in respect of offences against any Recov~ ry of of the provisions of this Act or of the Principal Act penaltIes. relating to the harbour or to matters within the jurisdiction of the Board may be recovered by complaint before a police magistrate or any two justices of the peace. 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. THE SCHEDULE. Oounty of Nares, parish and town of Oairns. Special Lease No. 826. Area, about 2 perches. Lessees: Burns, Philp, and Company, Limited. Date of Expiry: 31st March, 1924. Commencing at the north-west corner of special lease No. 825, and bounded thence by the Esplanade bearing 4 degrees 25 minutes two chains and fifty-two links; thence by the reserve for Customs' boathouse bearing 94 degrees 25 minutes about five links to high-water mark of Trinity Inlet; thence by that high-water mark bearing southerly to special. lease No. 825; and thence by that lease bearing 274 degrees 25 minutes about five links to the point of commencement. Special Lease No. 825. Area, about 3 perches. Lessees: Burns, Philp, and Company, Limited. Date of Expiry: 31st March, 1924. Commencing at the south-west corner of special lease No. 826, and bounded thence by the Esplanade beariug 184 degrees 25 minutes three chains and seventy-eight and eight-tenths links; thence by special lease No. 226 bearing 94 degrees 25 minutes about five links to high- water J;nark of Trinity Inlet; thence by that high-water mark bearing northerly to special lease No. 826; and thence by that lease bearing 274 degrees 25 minutes about five links to the point of commencement.

:8998 HARBOURS AND RIVERS. Oairns Harbour Board Act. 5 Enw. VII. No. 27, Special Lease No. 226. Area, about 4 perches. Lessees: The Queensland National Bank, Limited. Date of Expiry: 31st. January, 1910. Commencing at the south-west corner of special lease No. 825, and bounded thence by the Esplanade bearing 184 degrees 25 minutes three chains and three links; thence by special lease No. 192 bearing 94 degrees 25 minutes about ten lin ks to high-water mark of Trinity Inlet; thence by that high-water mark bearing northerly to special lease No. 825; and thence by that lease bearing 274 degrees 25 minutes about five links to the point' of commencement. Special Lease No. 192. Area, about 5 perches. Les8ee: Alexander Mathieson. Date of Expiry: 31st August, 1910. Commencing at the south-west corner of special lease No. 226, and bounded thence by the Esplanade bearing 176 degrees 33 minutes three chains; thence by allotment 1 of section 47 bearing 94 degrees 25 minutes to high-water mark of Trinity Inlet j thence by that high-water mark bearing northerly to special lease No. 226 j and thence by that lease bearing 274 degrees 25 minutes about ten links to the point of commencement. Special Lease No. 809. Lessees: The Adelaide Steamship Company, Limited. Date of Expiry: 15th December, 1922. Allotment 2 of section 47.-Area, 1 rood 1,40 perches. Commencing on the high-water mark of Trinity Inlet at the south corner of allotment 1, and bounded thence on the north-east by that allotment bearing 315 degrees one chain and three and nine-tenths links; on the north-west by a line bearing 192 degrees 57 minutes three chains and seven and one-tenth links j on the south-west by special lease No. 546 bearing 100 degrees 11 minutes one chain to high-water mark afore- said; and thence by a line along that high-water mark bearing lO degrees 13 minutes two chains and forty-seven and four-tenths links to the point of commencement. Special Lease No. 546. Area, 1 rood 29,'0 perches. Lessees: The Adelaide Steamship Company, Limited. Date of Expiry: 31st October, 1918. Commencing at the west corner of special lease No. 809, and bounded thence on the north-east by that lease bearing 100 degrees 4 minutes one chain; on the south-east by a line bearing 190 degrees 4 minutes three chains and seventy-eight and eight-tenths links; on the south-west by special lease No. 563 bearing 280 degrees 4 minutes one chain and twenty-eight and four-tenths links; and on the north-west by a line bearing 14 degrees 21 minutes three chains and seventy-nine and nine- tenths links to the point of commencement. . Special Lease No. 563. Area, 36t perches. Lessees: The Chillagoe Railway and Mines, Limited. Date of Expiry: 18th July, 1919. Commencing at the west corner of special lease No. 546, and bounded thence on the north-east by that lease and a line bearing 100 degrees 4 minutes one chain and forty-seven and a-half links; on the south,east

HARBOURS AND RIVERS. 1905. Cairns Harbour Board Act. by a line bearing 190 degrees 4 minutes one chain and forty-nine and six-tenths links; on the south-west by aline bearing 280 degrees 4 minutes one chain aud fifty-eight and seven·tenths links; and on the north·west by a line bearing 14 degrees 21 minutes one chain and fifty links to the point of commencement. Special Lease No. 667. Area,5 acres 1 rood 14 perches. Lessee: J ames Lyons. Date of Expiry: 31st October, 1921. Commencing on the high-water mark of Trinity Inlet at its inter- section by the southern side of Dutton street, and bounded thence on the north- ea~ t' by that street bearing 278 degrees eight chains and forty-one links and 304 degrees two chains and thirty and a-half links; on the north-west by Kenny street bearing 225 degrees six chains and twenty-six and eight-tenths links; on the south by a lane and special lease No. 527 bearing 98 degrees fourteen chains and twenty-seven links to the high-water mark aforesaid; and thence by that high-water mark northerly to the point of commencement. Special Lease No. 527. Area, 3 acres 3 roods 25 perches. Lessee: Mathew Rooney. Date of Expiry: 30th June, 1917. Commencing at high-water mark on Trinity Inlet at the south-east corner of special lease No. 6tH, and bounded thence on the north by that lease bearing 278 degrees 30 minutes twelve chains and fifty links; on the west by a lane and a line bearing 188 degrees 30 minutes three chains and eighteen links; on the south by a line bearing 98 degrees 30 minutes one chain and eighty-two links to Alligator Creek, by the left bank of that creek downwards to special lease No. 551, and by that lease bearing 98 degrees 30 minutes five chains and eight links to Trinity Inlet; and thence by high-water mark aforesaid bearing northerly to the point of commencement. Special Lease No. 55l. Area, 7 acres. Lessee: Charles Austin Horn. Date of Expiry: 31st January, 1908. Commencing at high-water mark on Trinity Inlet at the south-east corner of special lease No. 527, and bounded thence on the north by that lease bearing 278 degrees four chains and sixty links to Alligator Creek; thence by the left bank of that creek downwards to a point bearing 5 degrees 54 minutes from a post on the opposite bank marked broad arrow over 551; thence by a line bearing 185 degrees 54 minutes crossing the creek to its right bank, and bJ a continuation of same line one chain and fifty links; on the south by portion 72v bearing 98 degrees five chains and fifty links to Trinity Inlet; and thence by high- water mark aforesaid bearing northerly to the point of commencement;- exclusive of the bed of Alligator Creek. Portion 72v.-Area, 4 acres 2 roods 30 perches. Commencing at high-water mark on the shore of Trinity Inlet at the north-east corner of portion 73v, and bounded thence on the south by that portion bearing west seven chains and seventy links; on the west by a line bearing 3 degrees 50 minutes seven chains and forty-five links; on the north by special lease No. 551 bearing 97 degrees 56 minutes five chains.and sixty links to Trinity Inlet; and thence by high-water mark aforesaid bearing southerly to the point of ·commencement. 8999'

HARBOURS AND RIVERS. Cairns Harhou1' Board Act. 5 EDW. VII. No. 27, Portion 73v.-Area, 4 acres. Commencing at high-water mark on the shore of Trinity Inlet at the south-east corner of portion 72v, and bounded thence on the north by that portion bearing west seven chains and seventy links j on the south-west by Canton street bearing 135 degrees ten chains and fifty- nine links j on the south by a street bearing east two chains to Trinity Inlet j and thence by high-water mark aforesaid bearing northerly to the point of commencement. Portion 74v.-Area, 4 acres 3 roods. Commencing at high-water mark on the shore of Trinity Inlet at the north-east corner of portion 75v, and bounded thence on the south by that portion bearing west eleven chains and twenty links j on the north-west by a street bearing 45 degrees nine chains and nine links; on the north by a street bearing east two chains and sixty links to Trinity Inlet j and thence by high-water mark aforesaid bearing southerly to the point of commencement. Portion 75v.-Area, 5 acres 1 rood. Commencing at high-water mark on the shore of Trinity Inlet at the south-east corner of portion 74v, and bounded thence on the north by that portion bearing west eleven chains and twenty links j on the north- west by a street bearing 225 degrees one chain and fifty links j on the south-west by a street bearing 135 degrees two chains, and by portion 76v bearing 105 degrees 33 minutes thirteen chains and forty links to Trinity Inlet j and thence by high-water mark aforesaid bearing northerly to the point of commencement. Portion 77v.-Area, 3 acres 2 roods. Commencing at high-water mark on the shore of Trinity Inlet at the east corner of portion 78v, and bounded thence on the south-west by that portion bearing 315 degrees six chains and seventy links j on the north-west by a street bearing 45 degrees five chains j on the north-east by a street bearing 135 degrees seven chains and sixty links to Trinity Inlet j and thence by high-water mark aforesaid bearing south-westerly to the point of commencement. Portion 78v.-Area, 3 acres 1 rood 10 perches. Commencing at high-water mark on the shore of Trinity Inlet at the south corner of portion 77v, and bounded thence on the north-east by that portion bearing 315 degrees six chains and seventy links j on the north- west by a street bearing 225 degrees four chains and eighty-six links j on the south-west by portion 54 bearing 135 degrees seven chains and thirty links to Trinity Inlet; and thence °by high-watermark aforesaid bearing north-easterly to the point of commencement. Portion 54.-Area, 3 acres 2 roods 21 perches. Commencing at high-water mark on the shore of Trinity Inlet at the south corner of portion 78v, and bounded thence on the north-east by that portion and a street bearing 315 degrees eleven chains and fifty- eight links; on the north-west by a street bearing 225 degrees three chains; on the south-west by portion 55 bearing 135 degrees twelve chains and thirty links to Trinity Inlet j and thence by high-water mark aforesaid bearing north-easterly to the point of commencement.

1905. HARBOURS AND RIVERS. Cairns Harbour Board .Act. Portion .55.-Area l 5 acres 1 rood 11 perches. Commencing at high-water mark on the shore of Trinity Inlet t the :8outh corner of portion 54, 'an~ bounded thence on the north-ea t by that portion bearing 315 degrees twelve chains and tlprty links; 0 the north-west by a street bearing 225 de~ rees four chains and fifty links; on the south-west by a line bearing 135 degrees nine chains and se nty- seven links to Chinaman Creek; and thence by high-water mark 0 that .creek and Trinity Inlet b€aring easterly and north-easterly to the oint -of commencement. County of Nares, parish of Trinity. Portion I.-Area, 1 acre. , Commencing at high-water mark on the eastern shore of T inity Inlet at the north-west corner of portion 2, and b.ounded thence 0 the south by that p.orti.on bearing east five chains and twenty-three and -half ljnks; on the east by a line bearing n.orth tw.o chains; on the n.orth by a line bearinlt west four chains and ninety-six links t.o Trinity Inlet; and -thence by high-water mark aforesaid bearing s.outherly t.o the p.oi t of -c.ommencement. Portion 2.-Area, 1 acre and 14 perches. C.ommencing at high-water mark on the eastern sh.ore of inity Inlet at the s.outh-west corner of p.orti.on 1, and b.ounded thence 0 the north by that portion bearing east five chains and twenty-three and -half links; .on the east by a line bearing south two chains; on the south by a "!'Oad bearing west five chains and seventy-.one links t.o Trinity Inlet and thence by high-water mark af.oresaid bearing northerly to the poi t of -c.ommencement. Special Lease No. 583. P.ortion 3.-Area, 1 acre and 32 perches. Lessee: John Hill. Date of Expiry: 31st December, 1905. Commencing at high-water mark .on the eastern sh.ore of inity Inlet at the north-west c.orner of portion 4, and b.ounded thence 0 the s.outh by that porti.on bearing east six chains and thirteen links; 0 the east by a line bearing north 2 chains; on the north by a road be ring west five chains and eighty-five links to Trinity Inlet; and then e by high-water mark aforesaid bearing southerly t.o the point of comm nce- ment. Portion 4.-Area, 1 acre 1 rood. C.ommencing at high-water mark .on ~ he eastern shore of T inity Inlet at the s.outh-west corner of p.ortion 3, and bounded thence 0 the n.orth by that p.orti.on bearing east six chains and thirteen links; 0 the east by a line bearing sonth two chains; on the south by a line be ring west six chains and forty-four links to Trinity Inlet; and then e by high-water mark aforesaid bearing northerly to the p.oint of comm nee- ment. IPSWICH SHOW GROUNDS. See P ,UlK:& AND PV:BLIO LAlf'DJ!. 01'