Harbour Boards Acts Amendment Act of 1906 (6 Edw VII No. 25) (Qld)

HARBOURS. 6 ]lDW. VII. No. 25,1906. Harbour Boards Acts Amendment Act. 0061 HARBOURS. I/arbour Boards Acts Amendment A ct of 1906 '" 6 Edw. VII. No. 25 Harbour DUBS Acts Amendment Act of 1906 ... 6 " " 7 An Act to Amend "The Harbour Boards Act, 1892," 6 ~ : ' · 2! . II. by making better provision for the Protection of H A T R H B E OUR Private Lands having a Water Frontage from B A O M A E R N D D S MAECNTTS Erosion by the Action of Water. ACT OF 1906. [ASSENTED TO 14'fFI DECEMBER, 1906.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- 1. This Act may be cited as " The Harbour Boards Shorttitle and Acts Amenciment Act uf 1906," and shall be read as one ~ ~ ~~ ~ ~ctlOn with "The Harbour Boards Act, 1892," and its several amendments. * 2. (1.) When any land, not being land vested in His Protection of Majesty, is so situated that it has an immediate frontage ~ ate: to any tidal water within a harbour, and such land iSf; ~ ! : ~ ~ : ion. liable to erosion by the action of water, the Harbour Board may give notice to the owner of such land to execute such works upon such land or at or fronting the boundary thereof, of the kind and in the manner and within the time to be specified in such notice, as will in the opinion of the Board. protect such land from such erosion; and the owner shall, at his own expense, comply with the require- ments of such notice according to its tenoul', and shall execute such works to the satisfaction of the Board. (2.) If such owner fails to so comply with all the requirements of such notice to the satisfaction of the Board, then the Board shall execute such works at the expense of such owner, and all expenses so incurred shall be recoverable from such owner by the Board as a debt by action in any court of competent jurisdiction. Moreover, all such expenses shall, until paid, be and remain a charge upon the land whereon or at or fronting the boundary whereof such works were executed in priority to any pre-existing or subsequent mortgage or other encumbrance thereon, and notwithstanding any change .56 Vic. No. 26, supra, page 4575; 64 Vic. No. 31, supra, page 7259; 5 Edw. VII. No. 32, supra, pilge 8860.

9062 HARBOURS. Harbour Du"s Acts Amendment Act. 6 Eow. VII. No: 7, 1906. of' ownership that may take place. The amount of such expenses shall be payable in not less than three annual instalments, the first of such instalments being payable one year from the completion of such works. (3.) Nothing herein shall be construed to prevent the Board executing such works for and on behalf of the owner of such land upon a proper agreement being entered into between the parties securing the payment by such owner of the expenses incurred in the execution of such works. Upon receiving such notice, the owner and all other persons interested may, within the time specified in such notice and at his or their expense, surrender the land to His Majesty free from all encumbrances, and shall be thereupon freed and discharged from all obligations under this Act: Provided further that, with the consent of the Board and with the concurrence of all other persons interested, he may surrender the water frontage, together with a depth of two chains immediately behind the same. (4.) In the case of a harbour where there is no Harbour Board, the Treasurer shall have and mavexercise and perform all the powers and duties vested in and imposed upon a Harbour Board by this section.. 6 Edw. VII. An Act to Empower the Governor in Council from N;~ : . time to time to Vary the Scale of Harbour l! u; ~ B( t. . ~ ~ s Dues payable in respect of Harbours for which AAOMTENODF M 19 E 0 N 6 T . a H ar b our B oar d h as no t been const 1 'tu t ed. [ASSENTED TO 5TH NOVEMBER, 1906.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative 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 Harbour ])ues .dcts .dmendment .dct of 1906." . Power to 2. Notwithstanding anything- to the contrary con- Hvaarryboseuarle of tained in any Act, the Governor in Oouncil may, in respect Due!. of. any harbour for which. a Harbour Board has not been constituted, from time to time, by Regulations 'made