Gunpowder Magazine Act 1852 No 47a (NSW)

No. XLVII.

An Act for the Establ ishment of the Colonial

Gunpowder Magazine lately erected on Goat

Island. [28th December, 1852.]

WH E R E A S t h e Gunpowder belonging to pr ivate individuals Sydney has h i the r to been stored in a Magaz ine be longing to

a t

H e r Majesty 's Impe r i a l Government and unde r t he charge of t he Ordnance Storekeeper at Sydney by t h e consent of H e r Majesty 's Imper i a l Government a n d unde r t h e au thor i ty and subject t o t he provisions conta ined in an Ac t of t he Governor and Legislat ive Council of N e w South Wales passed in t he seventh year of t he re ign of t h e l a te K i n g W i l l i a m t h e F o u r t h in t i tu led " An Act for better regulating the keeping and carriage of Gunpowder" and subject to t he provisions conta ined in a cer ta in o ther Ac t of t h e said Governor and Council passed in t he fifth year of t he re ign of H e r present Majesty in t i tu led

keeping and carriage of Gunpowder' " A n d whereas H e r Majesty 's Government has requi red t h a t such Gunpowder should be no longer kep t in t h e said Gunpowder Magaz ine b u t has consented t h a t a Magazine for t h e s torage of Gunpowder be longing to t he Colonial Government and to p r iva te individuals in the said Colony should be erected by t h e Colonial Government on the I s l and belonging to t he Board of Ordnance k n o w n as Goat I s l and in t h e H a r b o u r of P o r t J ackson to be unde r t he control of t he Governor for t h e t ime being of t h e said Colony b u t to be in charge of H e r Majesty 's Ordnance Store­ keeper for the t ime be ing at Sydney A n d whereas a Colonial Gun­ powder Magaz ine has been erected accordingly on the said I s l and a t t h e expense of t he Colonial Governmen t A n d whereas i t is expedient t h a t such new Magaz ine should be established by law as the Magazine for s tor ing Colonial Gunpowder and t h a t p roper officers should be	appointed
" An Act to amend an Act intituled	' An Act for better regulating	the

appointed for t h a t purpose and t h a t all paymen t s for t h e s torage of Gunpowder the re in should be requi red to be made to t he said Colonial Government Be i t therefore enacted by H i s Excel lency the Governor

of N e w South Wales wi th the advice and consent of t h e	Legislat ive
Council thereof as follows :—

1. Such new Powder Magaz ine shall be unde r t h e control of t h e Governor for t he t ime being of t h e Colony b u t in charge of H e r Majes ty ' s Ordnance Storekeeper a t Sydney and proper and efficient officers a n d servants shall and m a y be provided and appointed by t h e

said Governor for t h e care and m a n a g e m e n t of t h e said Magaz ine a n d

t h e Powder t he re in unde r t he general super in tendence and charge of such Ordnance Storekeeper and the said Ordnance Storekeeper shall possess a n d exercise in respect of and in re la t ion to such Colonial Magaz ine a n d of and to t he s torage of Gunpowder there in t h e same powers as were conferred upon h i m by t h e said reci ted Acts or c i ther of them.

2. Al l Gunpowder be longing to pr iva te individuals now stored in H e r Majesty 's Magaz ine a t Goat I s l and shall be removed to and deposited in t h e said Colonial Magazine to be the re in kep t a t and subject to t h e ren t s by t he first of t h e said recited Acts imposed or such o ther r en t s as may from t ime to t i m e be fixed and imposed b u t previous to such removal the packages a n d barre ls conta in ing such Gunpowder shall be examined and wherever such packages are found to be insecure t he Gunpowder there in shall be removed a t t h e expense of the owner thereof in to secure and proper packages as provided by the said first reci ted Act in respect of Powder on i ts or iginal removal from t h e ship or vessel in which t h e same may have been impor ted .

3 . I n respect of all Gunpowder unde r deposit in H e r Majesty 's Powder Magazine upon which ren t for a less period t h a n three years shall a t t h e t ime of such removal be due the r en t and o ther charges (if any) due in respect thereof u p to t h e da te of such removal shal l be paid to t he Ordnance Storekeeper by the owners of such Gunpowder and in default of p a y m e n t thereof before or a t t h e t ime of such removal t o t he Colonial Magaz ine t he a m o u n t thereof when paid shall on t h e subsequent paymen t thereof to t he Colonial Treasurer as hereinafter provided be by h i m paid over to t h e said Ordnance Storekeeper on

account of H e r Majesty or o ther sufficient au tho r i t y in t h a t behalf.

4 . The said recited Acts shall be applied to the in tended Colonial
Magazine and the Gunpowder to be stored there in and in all respects

in relat ion to t he said Magaz ine and Powder in t he same m a n n e r as if

t he said Acts respectively had been passed wi th reference to t he stor­	age of Gunpowder in a Colonial Magaz ine in charge of t h e Ordnance
Storekeeper b u t u n d e r t h e control of t h e Governor of th i s Colony except only in so far as t he same are inconsis tent wi th any of t he pro­
visions here in contained or may be in the i r n a t u r e inapplicable .
5. Al l paymen t s and expenses which may happen to be m a d e or incur red or be required to be made or incur red by the Ordnance Storekeeper in providing new packages or barrels for Gunpowder not proper ly secured or otherwise howsoever in relat ion to t h e said Maga­ zine and Gunpowder and to his charge thereof shall be made and paid by the Governor for t he t ime being u n d e r w a r r a n t addressed to the Colonial Treasurer unless t he same shall be immediate ly pa id by t h e owner of any such Gunpowder charged therewith .
0. The storage ren t payable for s torage in t he said Colonial Magazine and all o ther sums of money payable and recoverable unde r t he said reci ted Acts by or from the owners of any such Gunpowder shall be paid in to t he hands of the said Colonial Treasurer and be accounted for by h im as par t of the General Revenue of the Colony.

7. W h e n and so often as a sum of money for ren t and o ther charges a m o u n t i n g to t h r e e years r en t shal l be due and in a r rear in respect

of any G u n p o w d e r deposited in t h e said Colonial Magaz ine i t shall be lawful for t h e Governor for t h e t i m e being to cause not ice to be given to t he owners if k n o w n or to be publ ished in t h e New South Wales Government Gazette if such owners shal l be u n k n o w n t h a t t h e same will be forfeited to t h e Gove rnmen t of t h e Colony unless all moneys due t he r eon be paid w i th in th ree m o n t h s from t h e g iving of such

not ice a n d the reupon if default i n such p a y m e n t shal l be m a d e t h e said

G u n p o w d e r shal l and m a y be declared by t h e said Governor and the

same shal l t he reupon be forfeited to H e r Majesty for t h e publ ic uses

of t h e Colony and t h e same shall and m a y be e i ther sold by and u n d e r t h e order of t h e said Governor and the balance if any after p a y m e n t of all dues a n d expenses be handed to t h e owner if t he Governor shall so t h i n k fit or be re ta ined in t he h a n d s of t he Gove rnmen t or be other­ wise disposed of as to t h e said Governor shall seem proper .

s—VOL. 4. A N N O