Harbour Boards Acts Amendment Act of 1941 (6 Geo Vi No. 9) (Qld)

HARBOURS. 6 GEO. VI. No. 9,1941. Harbour Board8 Act8 Amendment Act. 69 HARBOURS. An Act to Amend "The Harbour Boards Acts, 6 G N E o O . . 9 V . I. 1892 to 1939," in certain particulars, and HA T R H BO E UR BOARDS for other purposes. AOTS" AMENDMENT AOT OF [ASSENTED TO 16TH DECEMBER, 1941.] 1941. B E it enacte~ by the Ki~ g' s Most Excellent Majest.y, . 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 : - PART I.-PRELIMINARY. PART 1.- PRELll[INARY. 1. (1.) This Act may be cited as "The Harbour : ~ rt title Boards Acts Amendment Act of 1941," and shall be read construction. as one with *" The Harbour Boards Acts, 1892 to 1939," herein referred to as the Principal Act. (2.) The Principal Act and this Act may collectively ~ ollective be cited as " The Harbour Boards Acts, 1892 to 1941." tItle. 2 This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART H.-AMENDMENTS OF *" THE HARBOUR BOARDS ACTS, 1892 TO 1939"; PART HI.-AMENDMENT OF t" THE HARBOUR BOARDS ACTS AMENDMENT ACT OF 1906" ; PART IV.-SPECIAL AUTHORITY TO RECLAIM TIDAL LANDS AND TO ALIENATE SUCH RECLAIMED LANDS; PART V.-MrSCELLANEOUS. PART II.- AMJIINDMENTS OF "THE PART H.-AMENDMENTS· OF *" THE HARBOUR BOARDS B~ ~ oI~ Ts. ACTS, 1892 TO 1939." 1892 TO 1939." 3. Section seven of the Principal Act is amended Amendments as follows :_ of s. 7. (a) The following definition is inserted before the definition " Special Act " therein, namely :- "The term "Corporation" or "Corporation of Corporation the Treasurer of Queensland" means The g~rporation Corporation of the Treasurer of Queensland of the const 1 't U t ed under this Act." TQrueeaesnusrlearndo.f * 56 V. No. 26 and amending Acts. See v. 3, pp. 790 et 8eg. t 6 E. 7 No. 25. See v. 3, p. 865.

70 HARBOURS. PART II.- AMENDMENTS OF" THE HARBOUR BOARDS ACTS, 1892 TO 1939." Harbour Boards Acts Amendment Act. 6 GEO. VI. No. 9, (b) The definition "Minister" therein is repealed, and the following definition is inserted in lieu thereof, namely:- Minister. "The term "Minister" means The Treasurer of Queensland or other Minister of the Crown for the time being charged with the administration of this Act." Harbour Board or Board. (c) The definition" Harbour Board" or " Board" therein is repealed and the following definition is inserted in lieu thereof, namely :- "The term "Harbour Board" or "Board" means a Harbour Board constituted under this Act and a Special Act: the term includes any Local Authority in which the powers and duties of a Board are vested and also includes The Corporation of the Treasurer of Queensland in any case where the powers and duties of a Board are vested in such Corporation." (d) The definition "Local Authorities Act" is repealed and the following definition is inserted in lieu thereof, namely :- Local Authorities Act. " The term "Local Authorities Act" means *" The Local Government Acts, 1936 to 1941" (and any Act amending or in substitution for such Acts)." Person. (e) The following definition "Person" is inserted after the definition" Elector," namely:- "The term "Person" includes any body or association of persons, corporate or unincorporate. " Ninesewrtse. d9. A after 4 s . ecTtihoen fnoilnloewoifngthesePcrtiionnc, ipnaul mAbcet,rendam9Ae, liys: i-nserted Constitution " [9 A.] (1.) For the purposes of this Act the Minister c~ ~ ~ ~ ation representing the Crown shall be a corporation sole under of the the name and style of" The Corporation of the Treasurer ~ ~ : ~ : ~ ~ ~ of Queensland," and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in his corporate name, and of acquiring, holding, and disposing of property. * I G. 6 No. 1 and amending Acts. See v. 5, p. 826.

HARBOURS. 71 PART II.- 1941. Harbour Boards Acts AmendJment Act. AMENDMENTS OF" THE HARBOUR BOARDS ACTS, Moreover a deed of grant of any land may be issued 1892 TO 1939." to the Corporation for the purposes of this Act or any land may by Proclamation be reserved and placed, either temporarily or permanently, for the purposes mentioned in the Proclamation under the control of the Corporation. (2.) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the Corporation affixed to any document or notice and shall presume that it was duly affixed." 5 Section ten of the Principal Act is amended as Amendment . clollows; - ~~ ~ (a) In the first paragraph thereof the words" the Governor in Council shall " are repealed and the words "The Corporation shall be and be deemed to be the Harbour Board and shall in respect of such harbour" are inserted in lieu thereof. (b) In the second paragraph thereof the words " upon the Governor in Council" are repealed and the words" upon the Corporation" are inserted in lieu thereof. (c) The words " Governor in Council" are repealed where such words twice occur in the third paragraph thereof and the word" Corporation" is inserted in each such case in lieu of the words so repealed. 6. In section seventy-two of the Principal Act the Amendment words " Governor in Council " are repealed and the word of s. 72. " Corporation" is inserted in lieu thereof. 7. The following section, numbered 81A, is inserted New s. 81A after section eighty-one of the Principal Act, namely;- inserted. "[81A.] Notwithstanding anything contained in this Spe~iallease Act or in any other Act or law, the Governor in Council f: n~ ~ d~ ~ tside m&y upon the joint recommendation of the Treasurer limits of any and the Secretary for Public Lands, issue a Special Lease harbour. under section one hundred and seventy-nine of *" The Land Acts, 1910 to 1941," of any land lying below high- water mark without the limits of any harbour." 8. The following paragraph, numbered lOA, is Amendment inserted after paragraph ten of section one hundred and of 8.104. four of the Principal Act, namely:- "(lOA) Regulate or restrict the entry within the harbour or within or upon any harbour * 1 G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et lJeq.

72 HARBOURS. PARTJI.- AMENDMENTS OF "THE Harbour Boards Acts Amendment Act. 6 GEO. VI. No. 9, HARBOUR BOARDS ACTS, - - - - - - - - - - - - - - - - - - - - - - - - - - 1892 TO 1939." works of all persons other than persons mentioned in paragraph ten of this section (and either generally or for any purpose or purposes), including the regulation of the conduct of all such persons in the harbour or in or upon any harbour works and the removal from the harbour of persons offending against the by-laws." o A f m s. en 1 d 1 m 6. ent hund 9 re . dTahnedfoslilxotweeinng opfatrhaegrParpihnciispaalddAecdt, tonasmecetliyon: - one " This section shall be read and applied subject to any right to a lease without competition which any person may have under section 116A of this Act." New s. 116A 10. The following section, numbered 116A, is inserted. inserted after section one hundred and sixteen of the Principal Act, namely :- When person "[116A.] Any person authorised by an Order in ~ : ! ~ l: ' ~ t~ ~ ut Council made under section fifteen of *', The Harbour competition. Boards Acts Amendment Act of 1941," to reclaim any tidal land shall upon the completion by him of such reclamation in accordance with the terms and conditions of such Order in Council be entitled to a lease without competition of such reclaimed land. Any such lease shall be for such term not exceeding ninety-nine years as the Governor in Council shall fix and otherwise the terms and conditions of any such lease shall be as agreed upon between the Board and the lessee and (except in the case of a lease by the Corporation) approved by the Corporation. The terms and conditions of any such lease may be agreed upon before application is made for the Order in Council authorising the resumption." New s. 116B 11. The following section, numbered 116B, is inserted. inserted after section 116A of the Principal Act, as previously inserted by this Act:- Corporation " [116B.] No land shall be leased by any Board t o o f a le p a p s r e o s. ve under section one hundred and sixteen or section 116A of this Act unless and until the Corporation has approved of the terms and conditions of the proposed lease: - -- --- -- . -- - - - .~ - -- - -- - -- * This Act.

HARBOURS. 73 1941. Harbour Boards Acts Amendment Act. Provided that the Corporation shall have PART II.- AMENDMENTS, OF "THE HARBOUR BOARDS ACTS I regard 1892 TO 1939.' to any representation made by the Secretary for Public Lands in respect of any proposed lease under either such section, including any lease proposed to be given by the Corporation." 12 Section one hundred and forty-four of the Repeal of Principal Act is repealed, and a new section one hundred and new and forty-four is inserted in lieu thereof, namely;- s.144. " [144.] The provisions of subsections three, four, Application five, six, seven, eight, and fourteen of section twenty- of ce; ~ ain f er.ght, andsubsec·tIOns two to seven 0 f sectI.On fifty- three tphrOeVLlI'ollOcanlS 0 of *" The Local Government Acts , 1936 to 1941 , " shall GAcotvsernment apply to all moneys proposed to be borrowed or borrowed . by any Board excepting the Corporation, and for that purpose the aforesaid subsections shall be read and construed as if in lieu of the words " Local Authority" or "Council," wherever those 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 " General Fund" the words "Harbour Fund" were inserted therein; and references in the said subsections to the " Minister" shall be construed as references to the " Minister" under this Act; Provided that notwithstanding anything contained in the said subsections, any person who is an elector of a Harbour Board District for which there is a Harbour Board shall be entitled to join in a demand for a poll on the question of any loan and to vote at such poll or to sue under paragraph (ii.) of subsection fourteen of section twenty-eight of the aforesaid Acts in respect of any misappropriation of the Harbour Fund as in that paragraph is provided." PART III.-- AME~ D) { ! TINT OF" THE t" PART IlL-AMENDMENT OF THE HARBOUR BOARDS B~ ~ ~ ~ oX~ rs ACTS AMENDMENT ACT OF 1906." AMENDMF.NT Ac'r OF 1906." 13 In subsection four of section two of t" The Amendment Harbour Boards Acts Amendment Act of 1906," the word ~ f~ ~ ~ / ~ tIJ. " Treasurer" is repealed and the word" Corporation" No. 25. is inserted in lieu thereof. * 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et seq. t 6 E. 7 No. 25. See v. 3, p. 865.

74 HARBOURS. PART IV.- Sl'EOIAL AUTHORITY HMbour Boalf"ds Acts Amendment Act. 6 GEO. VI. No. 9, TO REOLAnt: TIDAL LANDS AND TO AL:~ TE PART IV.-SPECIAL AUTHORITY TO RECLAIM TIDAL Rr;: ~~D LANDS AND TO ALIENATE SUCH RECLAIMED LANDS. When . 14. The Governor in Council may, by Order in ~ ~ r: ~ : ~ ~ ~ ~ ! Council, authorise the Corporation to reclaim any land tidal land. lying below high-water mark within the limits of any harbour for which there is no Harbour Board and the Corporation may, upon the grant of such authority, reclaim the land in question. When private person may reclaim t idBI land. 15. If .the Governor in Council is satisfied- (i.) That it is expedient to permit any person to reclaim any land lying below high-water mark within the limits of any harbour; and (ii.) That such reclamation will neither interrupt or interfere with navigation nor prejudice any right, title, estate or interest of any other person, the Governor in Council may, by Order in Council, authorise such first-mentioned person to reclaim the land in question and, such person may, upon the grant of such authority, reclaim such land. The terms and conditions upon and subject to which any person may be so authorised shall be such as may be fixed by the Governor in Council and set out in the Order in Council and, moreover, the Order in Council may impose penalties by way of forfeiture of the authority to reclaim or payment of moneys for failure by such person to observe any of such terms and conditions. Terms and 16. (1.) Before granting authority under section cOfnditthio~ t fourteen or section fifteen of this Act the Governor in o to a re u claoimn y Council may direct t he Corporatl. On or, as t he case may tidal land. be, the applicant for the authority to do and execute all such acts matters and things as will in his opinion safe- guard any right, title, estate or interest which any person has by reason of any land having a frontage to or adjoining the proposed reclamation being vested in him and either as freehold or as a holding under any law relating to the alienation of Crown lands. Moreover in the case of an applicant under section fifteen of this Act the Governor in Council may further direct such applicant to do and execute all such acts, matters and things as will, in the opinion of the Governor in Council, enable the Governor in Council to satisfy himself in accordance with the said section.

HARBOURS. 75 1941. Harbour Boards Acts Amendment Act. PART IV.- SPECIAL AUTHORITY ------------------------------------------- i~ ~ ~ ~ ~ ~ (2.) Notwithstanding anything in *" The Harbour A A L N IE D NA TO TB Boards Acts, 1892 to 1941 " (including t" The Harbour RECSLUACIHJI[EIT Boards Act, 1892, Amendment Act, 1900") or in any LANDS. Special Act or other Act to the contrary the provisions of this Part of this Act shall take effect with respect to the reclamation of land by the Corporation or by a person pursuant to an Order in Council made under this Part of this Act. 17. Upon the completion of a reclamation Issue of deed authorised under section fourteen or section fifteen of~ ! cf~ : ! ~ f this Act, the Governor in Council shall- land. (i.) (If such reclamation is within the limits of any harbour for which there is no Harbour Board) issue a deed of grant of the reclaimed land to the Corporation for the purposes of *" The Harbour Boards Acts, 1892 to 1941," and the Special Act, if any; or (ii.) (If such reclamation is within the limits of any harbour for which there is a Harbour Board) issue a deed of grant of such reclaimed land to such board for the purposes of *" The Harbour Boards Acts, 1892 to 1941," and the Special Act constituting such board: Provided that the issue of a deed of grant under this section for any land which has been reclaimed by any person pursuant to an Order in Council under section fifteen of this Act shall not prejudice the right of such person to a lease without competition under section 116A of *" The Harbour Boards Acts, 1892 to 1941." 18. Any land reclaimed under the authority of Power to sectio.n fourteen or section fifteen of this Act may' r r e e c s l u a ~ u e neldands notwIthstanding the issue of a deed of grant under under this t" The Land Acts, 1910 to 1941," be resumed for public part. purposes at any time. PART V.-MISCELLANEOUS. PART V.- L~ : i~ ; ~ . 19. (1.) Notwithstanding anything in *" The Vljlsting in . Harbour Boards Acts , 1892 to 1941" (including t" The ~ C~t ~ y ElectrIC Harbour Boards Act, 1892, Amendment Act, 1900," and Company Part IV. of this Act) or in any other Act or law the ~; ~ !: dti1al Governor in Council is hereby authorised to issue to City land. '" 56 V. No. 26 and amending Acts. See v. 3, pp. 790 et 8eq. t 64 V. No. 31. See v. 3, p. 862. ~ I G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et aeq.

76 PART V.- MISCEL- LANEOUS. HARBOURS. Harbour Boalf'd,s Acts Amendment Act. 6 GEO. VI. No. 9, Electric Light Company Limited a Special Lease under *" The Land Acts, 1910 to 1941," of the land lying below high-water mark described in the Schedule to this Act. (2.) The Corporation and City Electric Light Company Limited may, subject to the approval of the Governor in Council, agree as to the terms and conditions upon and subject to which the said company will reclaim the land mentioned in subsection one of this section, or any part thereof. If an agreement is made under the authority of this section such agreement shall take effect notwithstanding anything in t" The Harbour Boards Acts, 1892 to 1941 " (including t" The Harbour Boards Act, 1892, Amendment Act, 1900," and Part IV. of this Act) or in any other Act to the contrary and the said company shall have authority to reclaim the whole or part of the said land pursuant to the terms and conditions of such agreement. (3.) Upon the due completion by City Electric Light Company Limited of the reclamation of the whole or part of the land mentioned in subsection one of this section pursuant to agreement under subsection two of this section, the said company may apply for a non- competitive Perpetual Lease of such land or, if part only thereof is so reclaimed, of such reclaimed part under and subject to section 175B of *" The Land Acts, 1910 to 1941," and, subject to that section, the Governor in Council may issue such lease. Reclamation work carried out in respect of such land or any part thereof shall be deemed to be improve- ments for the purposes of the said section 175B. Vesting in 20. (1.) Notwithstanding anything in t" The ~ ~ ~~ : 'Ck Harbour Boards Acts, 1892 to 1941" (including t" The & Sons Harbour Boards Act, 1892, Amendment Act, 1900," and t'}: ~ : ~ ~ sfa) Part IV. of this Act), Thomas Borthwick & Sons certain tidal (Australasia) Limited may, as lessee of Special Lease lands. No. 4137 (which Special Lease it is hereby declared the Governor in Council always was authorised to issue) apply for a non-competitive Perpetual Lease under section 175B of *" The Land Acts, 1910 to 1941," in respect of the land comprised in such Special Lease and subject to the said section 175B and this section, the Governor in Council may issue such lease. * 1 G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et seq. t 56 V. No. 26 and amending Acts. See v. 3, pp. 790 et seq. :I: 64 V. ~ o. 31. See v. 3, p. 862.

1941. HARBOURS. Harbour Boards Acts Amendm,ent Act. 77 PARTV.- MISCEL· LANEOUS. Reclamation work carried out in respect of such land or any part thereof shall be deemed to be improvements for the purposes of the said section 175B. (2.) A condition of such non-competitive Perpetual Lease shall be that Thomas Borthwick & Sons (Australasia) Limited will complete the reclamation of the land comprised therein to the satisfaction of the Corporation within the period of ten years next succeeding the date of the issue of such lease or within such extended period thereafter as the Governor in Council may allow. (3.) Thomas Borthwick & Sons (Australasia) Limited shall have authority to reclaim the land herein- before in this section mentioned notwithstanding anything contained in *" The Harbour Boards Acts, 1892 to 1941 " (including t" The Harbour Boards Acts, 1892, Amendment Act, 1900," and Part IV. of this Act) or any other Act. (4.) The condition imposed in respect of the non- competitive Perpetual Lease to be issued under this section by subsection two of this section shall be deemed to have been so imposed under t"The Land Acts, 1910 to 1941," and shall have operation and effect accordingly. SCHEDULE. Commencing at high-water line at the north·west corner of [Section 19.J portion 11, parish of Bulimba, county of Stanley, thence by a line in continuation of the western boundary of the portion bearing about 360 degrees for about 970 links to the Doughboy training wall, thence by that wall to the front beacon of the Quarries Reach leads, as shown on Plan 6616-55 deposited at the Harbours and Marine Office, bearing about 52 degrees for 1,160 links in a direct line, thence by a line bearing 156 degrees for about 326 links to Doughboy Creek regulating curve, as shown on Plan 6616-55 deposited at Harbours and Marine Office, thence by that curve to its spring bearing about 151 degrees for about 1,129 links in a direct line, thence by the shortest distance to the high-water line as shown on original plan of survey, Cat. No. M. 1118.15 deposited in the Survey Office, and by that high.water line as shown on that plan to the point of commencement, containing an area of about 12 acres 2 roods 35 perches, exclusive of an area of 1 rood 32 perches leased to City Electric Light Company Limited under §" The Oity Electric Light Oompany Limited Brisbane Foreshore Lea88 Act of 1922." * 56 V. No. 26 and amending Acts. See v. 3, pp. 790 et Beg. t 64 V. No. 31. See v. 3, p. 862. ~ 1 G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et Bcg. § 13 G. 5 No. 25. See 1922 Sess. v., p. 10295.