Cairns Harbour Board and Council of the Town of Cairns Wharf Site Agreement Validation Act of 1934 (25 Geo v No. 2) (Qld)

HARBOURS. 25 Gm. V. No. 2; 1934. Cairns Harbour Board, Etc., Act. 15165 HARBOURS. (1) Cairns Harbour Board and Council of the Town of Cairns Wharf Site Agreement Validation Act of 1934 .. 25 Geo. V. No. 2 (2) Mackay Harbour Board Acts Amendment Act of 1934 25 Geo. V. No. 14 An Act to Approve, Ratify, and Confirm an Agree- 25 N G o e . o 2 . . V. ment made between the Cairns Harbour Board THE CAIRNS HARBOUR and the Council of the Town of Cairns in BOARD AND COUNCIL OF reference to a certain Wharf Site at Cairns. TOHFECATIORWNSN [AsSENTED TO IITH OCTOBER, 1934.] WHARF SITE AGREEMENT B- VALIDATION E it enacted by the King's Most Excellent Majesty, ACT OF 1934. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- 1. This Act may be cited as " The Oairns Harbour Short title. Board and Oouncil of the Town of Oairns Wharf Site Agreement Validation Act of 1934." 2. The Agreement (as set forth in the Schedule to Approval of this Act) made on the Third day of February, One thousand Agreement. nm. e hun dr ed andm'ne, between t he Ca1' rns H arbour Schedule . Board, being the Harbour Board for the Harbour of Cairns constituted under *" The Oairns Harbour Board Act of 1905," and the Council of the Town of Cairns, being- a Local Authority constituted under t" The Local Authorities Act of 1902," is hereby approved, ratified, and confirmed; and all acts, matters, and things done or performed under or pursuant to the said Agreement hereby approved, ratified, and confirmed prior to the passing of this Act, or to be done or performed under or pursuant to the said Agreement after the passing of this Act, are approved, ratified, and confirmed, and are authorised and have been and are and shall be valid and effectual for all purposes whatsoever. SCHEDULE. THIS INDENTURE made the Third day of February One thousand nine hundred and nine BETWEEN THE CAIRNS HARBOUR BOARD being the Harbour Board for the Harbour of Cairns in the State * 5 Edw. VII. No. 27, supra, page 3946. t 2 Edw. VII. No. 19, supra, page 1860.

]5166 HARBOURS. Catirns Harbour Board, Etc., Act. 25 GEO. V. No. 2, 1934. of Queensland constituted under *" The Cairns Harbour Board Act of 1905" (hereinafter called" the Board ") of the one part and THE COUNCIL OF THE TOWN OF CAIRNS being a Local Authority constituted under t" The Local Authorities Act of 1902" (hereinafter called " the Council ") of the other part: WHEREAS on' or about the Twenty-sixth day of May, One thousand eight hundred and ninety-nine, a Reserve for wharfage purposes being Allotment 1 of Section 47 in the Town of Cairns containing twenty-five and four-tenths perches (hereinafter called the" Wharf Site ") was vested in the Council by Deed of Grant No. N5122 Register Book Volume 120 Folio 96: AND WHEREAS in the months of July and August One thousand nine hundred and six it was agreed between the Board and the Council that the Council should transfer the wharf site to the Board on the conditions following that is to say (a) That the Board should pay all costs of transfer (b) that all material used for the purposes of the Council should be exempt from harbour dues and wharfages both inward and outward and (c) that such Agreement should be binding for all time and completed at the expense of the Board: And whereas on the Twenty-first day of August One thousand nine hundred and seven the Council in pursuance of the said Agreement duly executed a surrender of the wharf site and the same is about to be vested in the Board with the consent of the Council testified by the execution hereof by or on behalf of the Council : Now THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in consideration of the said surrender by the Council of the wharf site and the vesting thereof in the Board THE BOARD doth hereby for ever RELEASE AND DISCHARGE the Council their successors and assigns from the payment to the Board of harbour dues and wharfages both inward and outward on all material used for Council purposes and more particularly for the construction of waterworks or any public works that the Council or their successors may for the time being be engaged upon whether the same are being carried out by the Council or their successors or any other public body or any contractor for the Council or public body with the full and free right and liberty for the Council their servants and licensees in common with all others having the like right at all reasonable times by day or night with or without horses carts carriages or other vehicles of any description for all purposes connected with the use and enjoyment of the said the" Wharf Site" and any.other wharf sites the property of the Board to pass and repass upon over and along such wharf site : AND IT IS HEREBY AGREED that except as regards the payment of harbour dues and wharfages as aforesaid the Council shall in all respects conform to and comply with the provisions of +"TheHarbour Boards Acts, 1892 to 1900" and *" The Cairns Harbour Board Act of 1905" and any statutory modification thereof respectively for the time being in force and the by-laws of the Board for the time being in force: * 5 Edw. VII. No. 27, supra, page 3946. t 2 Edw. VII. No. 19, Bupra, page 1860. :j: 56 Vie. No. 26 and amending Acts, Bupra, pages 819 et seq.

HARBOURS. 25 GEO. V. No. 14, 1934. Mackay Harbour Board, Etc, Act. IN WITNESS WHEREOF the Seal of the Board and the Common Seal of the Council have been hereunto affixed the day and year first above written. The Seal of the Cairns Harbourl I Board was in pursuance of a Resolution of the Board passed on the Seventh day of August, (Sgd.) E. C. EARL, 1906, affixed hereto on the ChairmaIJ. Third day of February, 1909, ~ and Edward Campbell Earl thej (Sgd.) MICHAEL WALSH, Chairman and Michael Walsh Member. one of the members of the Board signed the above in my preseace- (Sgd.) T. R. HALL, Secretary to the Cairns Harbour Board. The Common Seal of the Town of Cairns was in pursuance of an express order of the Council made on the Nineteenth day of January, 1909, affixed hereto on the Twenty-fifth day of January, 1909, and Sinclair Miller the Mayor of the said 'I'own signed the above in my presence- (Sgd.) SINCLAIR MILLER, Mayor. (Sgd.) M. L. COCHRANE, Town Clerk. 15167 An Act to Amend" The Mackay Harhour Board Acts, 2~ ~ ~ ~ ' 4: V' 1896 to 1911" (as amended by subsequent THE MACKAY A c t s ) , I 0 n certaOIn tpaOr ICU 1 arso HARBOUR BOARD ACTS AMENDMENT [ASSENTED TO 27TH OCTOBER, 1934.] ACT OF 1934. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- 1. This Act may be cited as " The Mackay Harbour Short title Board Acts Amendment Act of 1934," and shall be read and as one with *" The Mackay Harbour Board Acts, 1896 to construction. 1911" (as amended by subsequent Acts), herein collectively referred to as the Mackay Harbour Board Acts. * 60 Vie. No. 28 and amending Acts, supra, pages 3957 et seq.