Government Dockyard, Newcastle (Floating Dock Agreement Ratification) Act 1927 (NSW)
GOVERNMENT DOCKYARD
NEWCASTLE (FLOATING DOCK
AGREEMENT RATIFICATION)
ACT.
Act No. 24, 1927.
An Act to ratify and provide for carrying into effect so far as the State of New South Wales is concerned, an Agreement made between the Commonwealth of Australia and the State of New South Wales respecting the construction, equipment, control, and management of a Floating Dock at Walsh Island Dockyard, Newcastle ; to amend the Public Works Act, 1912 ; and to provide for the construction of an embankment to close the southern channel of the Hun te r River at Hexham ; and for purposes connected therewith or incidental
WHEREAS thereto. [Assented to, 1st March, 1927.]
| W H E R E A S | the Minis te r of Sta te for Defence | of |
t h e Commonwea l th and the Min i s t e r for Pub l i c
W o r k s for t he Sta te of N e w South W a l e s have en te red in to an ag reement , a copy of which is set ou t in the F i r s t Schedule to th i s Ac t , subject to t he same be ing ratified by the P a r l i a m e n t of the said S t a t e : A n d whereas it is desirable to ratify and to provide for ca r ry ing into effect t he said a g r e e m e n t : A n d whereas i t is necessary and desirable in connect ion wi th t h e works to which the said ag reemen t relates, to construct, an e m b a n k m e n t to close the southern channe l of t he H u n t e r River a t H e x h a m and to carry ou t t he works more pa r t i cu la r ly described in the Second Schedule to th is A c t : Be it therefore enacted by t h e K i n g ' s Mos t Exce l l en t Majes ty , by and wi th t he advice and consent of t he Legis lat ive Council and Legislat ive Assembly of N e w South Wales in P a r l i a m e n t assembled, and by t h e au tho r i t y of the same, as follows :—
1. This A c t m a y be cited as t h e " G o v e r n m e n t
| Dockyard , | Newcas t le | (F loa t ing | Dock | A g r e e m e n t |
| Ratif ication) | Ac t , | 1927 . " |
2. This A c t shal l b ind the Crown.
I n th is Act , unless inconsis tent w i th t he context
| or | subjec t -mat te r ,— |
" t h e A g r e e m e n t " means t he a g r e e m e n t a copy of which is set ou t in t he F i r s t Schedule to th is Ac t .
" t h e Sou the rn C h a n n e l " means the sou the rn
channe l of t he H u n t e r R ive r a t H e x h a m as
par t icu la r ly described in t h e Second Schedule
to th i s Ac t .
(1) The ag reement , a copy of which is set ou t in the F i r s t Schedule to this Ac t , is hereby approved, and m a y be carr ied into effect no twi ths t and ing the provisions of any o ther Ac t .
4.
(2) Al l m a t t e r s and t h i n g s by the ag reemen t
agreed to be done by or on behalf of t he G o v e r n m e n t of N e w South W a l e s are hereby sanct ioned and author ised.
5. (1) The cons t ruc t ion of an e m b a n k m e n t to close
t h e sou the rn channe l of t h e H u n t e r R i v e r a t H e x h a m
more pa r t i cu la r ly described in t h e Second Schedule to
this Ac t , t h e es t imated cost of which is Sixteen thousand n ine h u n d r e d pounds (£16 ,900) , is hereby sanct ioned and author ised and m a y be carried out b y t he Minis te r for Pub l i c W o r k s n o t w i t h s t a n d i n g the provisions of t h e
Pub l i c W o r k s Ac t , 1912, or any o ther Ac t .
(2) T h e p lan of t he said work is t he p lan m a r k e d
" Newcas t le H a r b o u r I m p r o v e m e n t s , proposed Sou th
A r m Channe l showing Bar r i e r B a n k , " s igned by t h e
Secre tary for Pub l i c W o r k s and counte rs igned by t h e Chief E n g i n e e r for H a r b o u r s and Dra inage , and deposited in t h e publ ic office of t he said secretary.
(3) A n y works to he carried ou t by t he Minis ter
for Pub l i c W o r k s for N e w S o u t h W a l e s in connect ion
wi th or inc identa l to or for t he ca r ry ing in to effect of
t h e a g r e e m e n t and the c losing of t he sou the rn channe l
shal l be deemed to be au thor ised works w i th in t he
m e a n i n g of t h e Pub l ic W o r k s Act , 1912, and the
Minis te r for Pub l i c W o r k s shall be deemed to be t h e
Cons t ruc t ing A u t h o r i t y u n d e r t h e said A c t .
S C H E D U L E S . S C H E D U L E S .
F I R S T S C H E D U L E .
AGREEMENT made the twenty-seventh day of A u g u s t , one thousand nine hundred and twenty-six, between the Honourable Sir Nevi l le Regina ld Howse, V.C., K . C . B . , K.C.M.G. , H i s Majesty 's Minis te r of S t a t e for Defence of the Commonweal th of Aus t ra l i a , for and on behalf of His Majesty K i n g George the Fifth (in r ight of the said Commonweal th) , hereinafter called " t h e Minis ter for Defence," which expression as hereinafter used shall include his successors in office, of the one p a r t and the Honourab le M a r t i n M a t t h e w F lannery , the Minis ter for Publ ic W o r k s for the S t a t e of New South Wales for and on behalf of h is said Majesty (in r ight of the said S t a t e ) hereinafter called " t h e
Minis te r for Publ ic W o r k s , " which expression as hereinaf ter used shall include his successors in office of t he other par t .
| W H E R E A S the Minis te r for Publ ic W o r k s proposes | to const ruct | and |
equip a floating dock and the Minister for Defence has agreed to pay to t h e Minis ter for Publ ic W o r k s a sum of one hundred and thirty-five thousand pounds (£135 ,000) as a contr ibut ion towards the cost of cons t ruc t ing and equipping the said floating dock :
Now i t is hereby agreed as follows : —
| 1. The Minis ter for Publ ic W o r k s shall a t the expense of | the | S t a t e |
of New South Wales and to the satisfaction of such officer or officers as t he Minis te r for Defence may appoin t construct and properly equip a t W a l s h Is land Dockyard a F loa t ing Dock in all respects in accordance wi th plans and specifications to be mutua l ly agreed upon between the said Minis te r for Defence or a person in t h a t behalf authorised by him and the Minis te r for Publ ic W o r k s or a person in t h a t behalf au thor ised by him.
2. The plans and specifications of the said dock shall in ter alia provide t h a t t he said dock shall—
(i) have a lifting capacity of 15,000 tons and be capable of efficiently docking cruisers of 10,000 tons in a damaged
condition up to 15,000 tons d i sp lacement ; (ii) be of sufficient dimensions so as to enable two destroyers each no t exceeding 2,000 tons displacement to be docked abreas t thereon ;
(iii) be self-docking and be either of the pontoon type or of the three-section type as may be most sui table for towing in one length ;
(iv) be equipped with proper plant and machinery for generating sufficient power for pumping, light, cranes, caps tans , and for such workshop machines not exceeding six in number as may be reasonably necessary for t he proper use of t he said dock ; allowing t h a t the pumping p l an t operates a t a period dis t inct from any period when the remain ing machinery except l ight
and capstans ope ra t e s ;
(v)
(v) be equipped with two cranes, including one crane on the side walls having a lifting capacity of 8 t o n s ;
(vi) be equipped with mooring chains and anchors sufficient to moor the dock away from a wharf in such manner as to pe rmi t of the docking of vessels up to 1.3,000 tons dis placement.
3. The Minis te r for Publ ic W o r k s shall use his best endeavours to complete the construct ion and equipment of the said dock within a period of th ree years from the da te of this Agreement .
4. Except as provided in clause 5 of this Agreement the dock shall a t all t imes be located a t Walsh Is land Dockyard and be under the control and management of the Minis ter for Publ ic W o r k s .
5. I n t imes of in te rna t iona l emergency (of which the Minis ter for Defence shall be the sole judge) or of war or on t he s t rand ing of a warship of t he Commonweal th or ano ther similar event t he Common wealth may by notice in wri t ing signed by or on behalf of the Minis ter for Defence to the Minister for Publ ic W o r k s t ake over immediately the absolute control and management of the dock and may move it to such place or places in or out of the Commonweal th as the Minis ter for Defence may from t ime to t ime th ink fit. Immedia te ly upon such notice being given the S t a t e shall t ake all such steps as may be necessary to facili tate the tak ing over of the said dock by the Common
wealth a t W a l s h Is land. G. A t all t imes while the dock is under the control and management of the Minis ter for Publ ic W o r k s he shall a t the expense of the S t a t e of New South Wales main ta in the said dock and equipment in good order and condition so as to be a lways ready for the purpose of docking and repair of vessels.
7. (1) A t all t imes while the dock is under the absolute control and management of t he Minister for Defence as provided in clause 5 of th is Agreemen t the expense of main tenance of the dock and equipment shall be borne by the said Minister for Defence.
(2) W h e n no longer required by the Minis te r for Defence t he dock s t a l l be re turned by him to Walsh I s land Dockyard and delivered back to t he Minis ter for Publ ic W o r k s in as good condit ion as when the absolute control and management of the dock were taken over by t he Minister tor Defence fair wear and t ea r excepted, such fair wear
and tear to be t aken as not including damage incurred by any ac t of war.(3) I n t he event of the total loss of the said dock whils t under the absolute control and management of the Minis ter for Defence he shall pay to the Minis te r for Publ ic W o r k s in full satisfaction of all claims (if any) which the said Minis te r may have agains t the Minis te r for Defence in respect of or ar is ing out of such to ta l loss an amoun t equal to the original capital cost of the dock to the New South Wales Governmen t reduced proport ionately by the depreciat ion which has t aken place up to the t ime of such loss in t he value of the dock.
(4) The amoun t to be paid by the Minis ter for Defence to the Minis ter for Publ ic W o r k s unde r the last preceding subclause shall in defaul t of agreement be tween the par t ies be de termined by two a rb i t r a to r s (one to be appointed by each pa r ty ) under the laws of t he
S t a t e re la t ing to a rb i t ra t ion .
(5) I n de te rmining the amount to be paid by the Minis te r for Defence to the Minis te r for Publ ic W o r k s as aforesaid for the value of the dock account shall only be taken of the original cost to the New South Wales Government of the dock and its equipment as s t ruc tures and no account shall be t aken of any appreciat ion in the value of t he dock and its equipment or any loss of profits or any o ther ma t t e r or th ing ar is ing out of the total loss of t he dock as aforesaid.
(6) For the purpose of this Agreement the term "o r ig ina l cost to t he New Sou th Wales G o v e r n m e n t " shall mean the total cost of the dock and i ts equipment as a s t ruc ture no t including the cost of dredging operations or of provision of bar rage less t he amount of the subsidy paid by the Commonweal th Government to t he N e w South
| W a l e s | Government |
(7) For the purposes of this clause the life of the dock shall be assumed to be forty years provided t h a t if e i ther pa r ty can prove to t he satisfaction of the other pa r ty or failing to prove to the satisfaction of the o ther par ty can prove to the satisfaction of two a rb i t r a to r s mutua l ly agreed upon t h a t the life of the dock for the purposes of the New South Wales Government is more or less than forty years then the life so proved shall be t aken for t h e purpose of this clause to be t he life of the dock.
8. Dur ing such t ime as the dock is under the absolute control and management of the Minis te r for Defence he shall pay to the Minis te r for Publ ic W o r k s as compensation for the use of t he dock—
(1) In t e re s t a t the average ra te fixed by the S ta te Treasurer annual ly on loans raised dur ing the period of construct ion on the original cost of the dock and its equipment as a s t ruc ture to the New South Wales Government .
(ii) An annual payment equal to the sinking fund rate for the original capital cost to the S ta te of New South W a l e s of the dock and its equipment . Such s inking fund ra te shall be mutua l ly agreed upon between the par t ies hereto and in default of agreement shall be determined by two a rb i t r a to r s (one to be appointed by each par ty ) unde r the laws of t he
S ta te relat ing to a rb i t ra t ion . For the purpose of this subclause the life of the dock shall be t aken as for ty years .
| and equipment of the dock in accordance wi th this Agreement the | Publ ic W o r k s as a contr ibut ion towards the cost of the construction 0. (1) The Minis te r for Defence agrees to pay to the Minis ter for | |
| sum of one hundred and thirty-five thousand pounds (£135 ,000) and no more. | ||
| (2) The said amoun t of one hundred and thirty-five thousand pounds (£135 ,000) shall be paid to t he Minis ter for Publ ic W o r k s in two ins ta lments of sixty-seven thousand five hundred pounds (£67 ,500) each a t the following t imes name ly—A first ins ta lment of sixty-seven thousand five hundred pounds (£07 ,500) shall be paid to the Minis ter for Publ ic Works upon the signing of this Agreement and the second ins ta lment shall be paid to the Minis ter for Publ ic W o r k s upon the officer or officers appointed by the Minis ter for Defence in tha t behalf cert ifying t h a t t he dock has been constructed and equipped in all respects in accordance with the plans and specifications mutual ly agreed | ||
|
Upon notice being given by the Minis ter for Defence of in tent ion to assume control of t he dock and equipment under clause 5 hereof the Minis ter for Defence shall indemnify and keep indemnified the Minis te r for Publ ic W o r k s aga ins t all claims demands losses costs charges expenses and damages whatsoever which he shall a t any t ime hereafter sustain or incur by reason of t he Minis te r for Defence giving such notice or assuming such control as aforesaid in respect of all contracts previously entered in to by him involving the use of t he dock and equipment which the Minis te r for Publ ic W o r k s shall in consequence of such notice be unable to carry out.
10.
11 . If any question or difference whatsoever shall arise between the par t ies hereto touching this Agreemen t or any clause or th ing here in contained or t he const ruct ion hereof such quest ion or difference shall be referred to two a rb i t r a to r s (one to be appointed by each par ty ) unde r t he provisions of the then exis t ing law of t he said S t a t e re la t ing to a rb i t ra t ion . A n d each of the par t ies shall do all acts and th ings and sign and execute all i n s t rumen t s a n d deeds necessary to such reference and to give effect to t he award to be made p u r s u a n t to such reference.
12. This Agreemen t shall t ake effect only on ratification by t h e Pa r l i amen t of the said S ta te wi thou t a l terat ion. I n witness whereof the hands and seals of t he part ies hereto were he reun to affixed the day and year first before wr i t t en .
Signed sealed and delivered by the
said NEVILLE REGINALD 1IowsE N E V I L L E P E G I N A L U
in the presence of— H O W S E . (SEAL)
T. TRUMBLE.
A n d by the said MARTIN MATTHEW
FLANNKRY in t he presence of— M. M. F L A N N E R Y .
C. TYE. (SEAL)
The construct ion of a barr ier bank to close the southern channel of S E C O N D S C H E D U L E .
t he H u n t e r R ive r a t i ts upper end, near H e x h a m , ex tend ing from the wes te rn b a n k of the r iver to A s h I s l and for the purpose of improving the ebb t ide scour in t he nor the rn or main channel of the r iver and the diversion of flood wa te r s from the southern channel , subject to such deviat ions and modifications as may be found necessary by the
Const ruct ing Author i ty .
I N C O M E
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