Gladstone Harbour Board Act of 1913 (4 Geo v No. 26) (Qld)

II. LOCAL, PERSONAL, AND PRIVATE ACTS OF THE PARLIAMENT OF QUEENSLAND, 4 0 GEORGII V. BRISBANE TRAMWAYS. Bee RAILWAYS AND TRAMWAYS. GLADSTONE HARBOUR. Bee HARBOURS. HARBOURS. An Act to Define the Limits of the .Harbour of 4 Geo. V. No. 26. Gladstone and to Constitute a Harbour THE Board for the said Harbour, and for other GHLAADRBBTOOUNRB purposes relating thereto. BOARD AOT OF 1913. [ASSENTED TO 26TH NOVEMBER, 1913.J "' f{THEREAS it is expedient to define the limi.ts of the Preamble. l'l' Harbour of Gladstone and to constitute a Harbour Board for the purpose of exercising and performing in respect of the said Harbour the powers and authorities conferred upon Harbour Boards by "The Harbour Boards Acts, 1892 to 1906,"* 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 Council and Legislative Assembly of Queensland inParlia.ment assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Gladstone Harbour Short title, Board Act of 1913," and shall commence and take eff . ect m co e m n t m , e a n . c n de. on and from the first day of January, one thousand mne (lonltruction. hundred and fourteen. • 56 Vic. No. 26 and amending Acts, '"pra, pages 819 et sell.

6044 HARBOURS. Gladstone Harbour Board Act. 4 GEO. V. No. 26, In so far as is not inconsistent with or is not otherwise provided by this Act, " The Har-bour Boards Acts, 1892 to 1906,"*' 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-laws"-By-laws made by the Board; "Harbour Board" or "Board"-The Harbour Board for the harbour of Gladstone constituted under this Act; "Harbour"-The harbour of Gladstone as defined by this Act; "Local Authorities Act"-"The Local Authorities Act ot 1902,"t anti any Act amending or in substitution for that Act; "Quay Line"-The quay line fixed by the ~1 arine 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 isa ratepayer of the Town ()f Gladstone or ~ hire of Calliope or Shire of Miriam Vale; " Wharfage I.ands"-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 hal'bour of Gladstone are ~ ~ dH: : ~ ~ ~ : r hereby defined as follows, that is to say :-The area between • Board. Curtis Island, a line joining Connor Bluff and the north extremity of Facing Island, and Facin~ Island on the one side, and the mainland on the other; limited on the north by a line joining Monduran and Monte Christo Creeks, and on the south by a line commencing at a point one and a-half miles northerly from East J'oint, Facing Island; 56 Vie No. 26 and amending Acts, .,uprlt, pages B19 et seq. t 56 Vie. No. 26, sup/'a, page 819. :t 2 Edw. VII. No. ID, supra, page 1860.

HARBOURS. Hl13 GladstoJ1e Harbour Board Act. thence to the outer extremity of Jenny Lind bank; and thence by a line to 1'iber Point; including all rivers, creeks, and navigable waters 'within the above area. - (2.) A Harbour Board for the harbour of Gladstone is hereby constituted under the name of "The. Gladstone Harbour Board;" and is hereby empowered and directed to exercise, perform, and undertake all the jurisdiction, 1)O'\ver8, duties, and obligations of a Harbour Board for the said harbour. (3.) rrhe Harbour Board District shall consist of the area for the time being comprised within the boundaries of the Town of Gladstone, and the Shires of Calliope and Miriam Vale, as constituted under and for the pUl'})oses of the Local Authorities Act: Provided that if at any time the Town of Gladstone or the Shire of Calliope or the Shire of Miriam Vale is divided and a new Town or Shire is created, comprising land now forming part of any of the said Areas with or without other land, the said new Town or Shire shall be included in the Harbour Board District, and the elected members hereinafter assigned to the said Areas respec- tively shall be assigned to them and the new Town or Shire respectively in such proportions 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 ratepayers 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 respectively be assigned to the Town of Gladstone and the Shire of Calliop8, and one elected member of the Board shall be assigned to the Shire of Miriam Vale, and such members shall be elected by the ratepayers of such Areas respec- p 6045

6046 HARBOURS. Gladstone Harbour Board Act. 4 GEO. Y. No. 26, tively in inanner provided by the Local Authorities Act; and, notwithstanding anything contained in the Principal Act, the following provisions of the Local Authorities Act, namely- PART IlI.-SttbdivisionIl.-Qztalijication 0/ JJlem- bel's: Subdivision IIT-Retirements and 17acancies (except section seventeen thereof) : Sltbdivision IP.- Ouster from Of!i('e: Sltb- division V.- Qualification 0/ Voters: PART IV.-EIJECTlON 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 appli- cable, subject, however, to the following modifications :- (a) Elections shall be held in every third year in the respective Areas 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 ; Cc) No ratepayer shall be entitled to give more than three votes at any election of members of the Board for an ATe~ comprised within the Harbour Board District. ~ oo~ s d 4. (1.) Harbour dues shall be raised, levied, collected, B~ ~ ~ ~ : ~ ge or and paid in respect of all goods discharged within the h w a l r t b h o m ur th h ? able harbour ' o . r ship . ped from the harbour for carriag ' e to . places to dues. beyond the hunts of the harbour, at the rates, and III the manner, and to the persons, and at the places prescribed by the By-laws. a E: p x p t lI ~ c n a t tI ? O f n of (2.) Notwithstandin 0' this Aet "The Harbour Dues b' other Acts. Act of 1892,"* as amended by " The Hat,bour Dues and Harb01M' Boards Acts A.mendment A.ct of 1~ 05, " t " The .. 56 Vie. No. 29, supra, page 860. t 5 Edw. VII. No. 32, supra, page 872.

HARBOURS. 6047 1913. Glatlstone Harbour Board; Act. Barboul' Dues Act of 1893"'* as amended by the last- mentioned Act, " The Harbour Dues Act of 1895,"t and " The Harbour Dues Acts Amendtnent Act of1906"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 B arbour IJues Act of 1b92"§ (except sections four, five, six, and nine thereof), " The Harvou?' Dues Act of 1893"* (except section two thereof and section three thereof as amended by " 'The Harbon/' Dues and IIarbour Boards Acts Amend- ment Act of 1905" 11), " The HurboJtr Dues Act of 1895,"t and" The Harbour Dues .Acts Amendment Act of 1906 "t shallcease to apply to or to have any effect within the harbour. Sections four, five, and six of "The Harbour Dues Act of 1892"§ shall apply to goods liable to harbour dues· under this Act, and for that purpose se.ction 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" Wel'e inserted therein; and in Jieu of the words " Treasurer," the word "Board" were inserted therein; and section five shall be construed as if, iri 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 Barbour DUfs and Barbour Boards Acts Amendment Act of 1905" 11 shall apply to goods liable to harbour clues under this Act, and for that purpose the said section shall be construed as if, in lieu of the words "Collector of Oustoms," 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, supra, page 870. t 6 Edw. VII. No. 7, sup"a, page 873. § 56 Vic. No. 29, supra, lJage 860. 11 5 Edw. VII. No. 32, supra, page 872.

6048 HARBOURS. Gladstone Harbour Board Act. 4 GEO. V. No. 25, 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 four- teen, 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, respectively, in evrry 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 sa~ d loan, together with the interest accruing thel'eon, have been so paid. Power to borrow. 6. (1.) The Board may from time to time 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, 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 porfocveisritoanins of hundred and eighty-four, both inclusive, of the Local Local Authorities Act shall apply to moneys proposed to be AAcutt.horities 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 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.

HARBOURS. 6049 1913. Gladstone Harboltr Board Act. 7. (1.) All or any part of the moneys which the Power to Board is by this Act authorised to borrow may be borrowed ~ ~ 1~ ~ oo7i! ~ ~ from the Oonsolidated Revenue otQueensland. Revenue. (2.) 'Por the purposes of every such loan, the Board Local Works shall be deemed to be a Local Authority within the meaning to: ;~l~~ts -of and subject to the Local Authorities Act and "The . Local Worlcs 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 Qften as any part of the moneys Power to from time to time due and payable by the Board to the ~ : ~ ~ ~ ~ ; ~ ~ 'rreasurer under this Act and the said Acts remains unpaid arre~ rs. 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, OJ' both, as he considers needful (for which purpose he shall have all the powers and remedi~ s 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 (Hying to the Board, to the amount stated in such notifica- tion; and the Treas urer 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, Board may obtain advances from any bank by way of overdraft of 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 Vie. No. 9 and amending Acts, supra, pages 2023 et seq. t 38 Vie. No. 12, ,supra, page 74.

6050 HAHBOURS. Gladstone Harbour Board Act. 4 GEO. V. Ko. 26, (b) 'fhereafter no such overdraft shall at· anyone time, or under any ~ ircumstances, exceed one- fourth of the amount of the total income of the Bourd, exclusive of loans, for the year then last past. Declarirg 9. It is hereby declared that no sanction, permission. ttohaetresacnt ctions or leuve or license heretofore given or granted by the wharves? &c, :Marine Board of Queensland or other proper officer or wbealtoewr mlllagrhk· aut 1 l 01 ' '1 t y to place' any w harf, ' plI e, or other st ruct ure 0 f hdaivveestneodt t h e an ' y kind below • hiO I:"l 'h-water mark • in the har • bour of • G • lad- land from the stone, or to dIsturb or move any land formmg portIOn of Crown. 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 whatsoever in or towards divesting from the Crown the sole right, title. and property in the said land" hut 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 ra~ ~ ~ f~ ~ y to s~ all. be placed below high- wat~r mark at ordinary tides be occupied in wlthm the harbour, and no portIOn of the wharfage lands i~ ~ : sA~ .~e of of the harbour shall be disturbed, moved, used, or occupied 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 lan<i-s, ·shall be liable to a penalty not exceeding one hundred pounds, and also to a . f,mther penalty not exceeding ten pounds fO,r every day during which any such operations are carried on or such use or occupation is continued after the Board has prohibited the same. Wharfage 11. The Governor in Council may from time to time, lvaensdtesdmianythbee by Proclamation, vest any wbarfage 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. 6051 HH3. Gladstone Harbour Board Act. Subject to the Principal Act, the Governor in Oouncil Grant of;;::::' may, from time to time, in the name and on behalf of His other lands·:i 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, ,vith the approval of the Governor in Leases may Council, may from time to time cause leases to be issued be granted. 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 :- (et) Every such lease shall be for such term not Term. exceeding fourteen years as the Board, with the approval of the Governor in Oouncil, thinks fit; Cb) In every such lease there shall be inserted a Oondition. condition that the lessee shall during the term thereof nse and occupy the wharfage lands comprised therein solely for wharfage purposes and in accordance with this Act; Cc) The lessee of any wharfage lands who proposes Plans, &0., to construct thereon , or on an . v J adJ' . oi . ning aopf pwrohvaerdft b o y be lands, any wharf, or to alter any wharf eXlstmg 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- cOl'dance with the plans and specifications so approved: Any breach of this provision shall be deemed to he a breach of the conditions of the lease of such wharfage lands whereby the lease may be forfeited; Cd) Every such lease shall reserve an annual rent Rent, to he 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 leas'e shall be forfeited,

6052 H~ > \ RBOURS. Gladslone Harbour Board Act. 4 GEO. V. No. 26, 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 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 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 absolutel v v enure. Wharfage 13. Wharfage lands whereof leases are granted under ~ ~ ~ ~ : ~ ~ : l~ t this Act shall not be deemed to be rateable lands within g 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 i~ any proceedings whatsoever. All such Regulations shall be laid hefore 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 under to leases. this Act or under section one hundred and sixteen of the Pri!lcipal 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. 6053 UllB. Gladstone 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 conditions as the Board may think reasonable; (ii.) The Board, in any such lease, may covenant with the lessee fot the payment by the Board, at the expiration of the term of such lease, of the value or a portion of the varue 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 Board may authorised, by sec . tion eighty-four of the Principal Act, to IPaunrdcshfaosre purchase or acqmre, the J30ard may, out of arfy funds at providing its dispo~ al, and subject ,to "The Pu,blic '",:ork8 Land :: : ;s~ es, ReSulllptwn Act of 1906,"* purchase, acqmre, or take and other lands , includinO 0 ' an>: J T wharves , wareho I use , s storehouses , conveniences. 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 ~ hip­ ping or discharging goods; and Erectint; warehouses, storehouses, offices, sheds, weighi:r:g-machines, and other buildings and convemences. (2.) The Hoard may from time to time take a lease Board may from any person , for any • term not exceeding thirty years , ltaankdesleaansdes 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 purchase land. 17. The Board may carry on the business of towage, Power to and for that I)urpose may purchase or otherwise acquire ctoawrraygoen all necessary and proper vessels, plant, and equipment. bmines~ . The Board may, subject to the Principal Act, make By-laws fixing a scale of cha.rges to be paid fur towage by the Board. * 6 Edw. VII. No. 14, supra, page 3608.

6054 HARBOURS. Gladstone Harbour Board Act. 4. Gm. V. Nt). 26, 1913. gOdoafonfedgnsesritovouesboer to be 18 in . aWn hoeffnengsoivoeds 01 d ' isdcahnagregreodusfrcoomndaitivoensseblyarreeasfoonunodf nsdoeolstdtrrooer J meodv i e f d idnecwayritoinr go, thoefrwaniseo, ffaicnedr othf ethsaemBeo, airnd tahpepooipnitneidont, oceinrtsipfieecdt 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 1n or to which any portion of such goods is contained or attached, requiring such owner 01' consignee to remove such goods within twenty-four hours from the time of giving or affixing such notice. If after the expiratiOli of such period of twenty-four hours the goods are not removed, the chairman of the J{oard maY,cause them to be sold or removed; or if, in the . opinion of such officer of the Board, certified in writing, the goo,ds 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 irispection and sale; secondly, in payment of any Customs duties; then in payment of any dues; next, in payment of any freight payable thereon; ann the surplus, if any, shall be paid to the ow ner or consignee thereof. Recovery of 19. All. penalties in respect of offences against any of penalties. 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 cOl1lplaint in a summary,vay. The complaint in respect of every such offence may be made and prosecuted by the chairman of the B9ard, 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 13oard, 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 he paid into the Harbour Fund.