Harbour Boards Acts Amendment Act of 1951 (15 Geo Vi No. 17) (Qld)

112 HARBOURS. Harbour Boards Acts Amendment Act. 15 GEO. VI. No. 17, HARBOURS. 15 N G o E . O1. 7V. I. An Act to Amend "The Harbour Boards Acts, 1892 THE HARBOUB to 1949," in certain particulars, and for BOARDS ACTS AMENDMENT ACT OF other purposes. 1951. [ASSENTED TO 5TH APRIL, 1951.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the !;egis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PA~ T L - PART I.-PRELIMINARY. PRELIMINARY. Short title. 1. This Act may be cited as " The Harbour Boards Acts Amendment Act of 1951." Construction 2. This Act shall be read as one with *" The Harbour : ~ gective Boards Acts, 1892 to 1949," and those Acts and this title. Act may be collectively cited as "The Harbour Boards Acts, 1892 to 1951." Parts of Act. 3. This Act is divided into Parts, as follows ; - PART I.-PRELIMINARY; PART H.-AMENDMENTS OF "THE HARBOUR BOARDS ACTS, 1892 TO 1949 " ; PART HL-SPECIAL AUTHORITY TO ALIENATE CERTAIN TIDAL LANDS. PART II.- AME " N ~ D ~ M E ENTS P ART H.-AMENDMENTS OF *" THE HARBOUR BOARDS HARBOUR BOARDS ACTS, ACTS, 1892 TO 1949." 1892 TO 1949." Insertion of 4. The following new section lA is inserted after s. lA in 56 section one of *" The Harbour Boards Acts, 1892 to 1949," Vic. No. 26. namely:- Inter- " [lA.] This Act and every Special Act and every pretation Proclamation, Order in Council, regulation, and By-law ~ ~ ! ~ ! i Acts made under this Act or any Special Act, shall be read &c. 'and construed so as not to exceed the legislative power of the State to the intent that where any enactment of this Act or any Special Act or provision of any such * 56 V. No. 26 and amending Acts.

HARBOURS. 113 PART II.- 1951. Harbottr Boards Acts Amendment Act. AMENDMENTS OF "THE HARBOUR P roc 1 ama t I · On, 0 r d er I . n C ounC '1 I, regu 1 a t' IOn, or B y- 1 aw 1 B 8 O 9 A 2 RTOD 1 A 9 C 4 T 9 S . , " would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power." 5. The following section is inserted after section New s. 87A eighty-seven of *" The Harbour Boards Acts, 1892 to inserted. 1949," namely:- " [87 A.] Notwithstanding any provision of this Act Surrender to or 0 f any S peCI · a 1 A ct, t h e G overnor I . n C ouncI '1 may CBrooawrdn o b f y its permit a Harbour Board to surrender to His Majesty ~ state or: and, sub J·ect t 0 permIs"SIOn as al r oresaI' d, a H arbour Board Ilanntedr.est In may so surrender its estate or interest under the Crown in any land (including any land vested in the Harbour Board in question by any Special Act) where the Governor in Council is satisfied that such land is no longer required by the Harbour Board in question for any purpose of this Act or its Special Act." 6. The following headnote and new section 97 A New s. ?7A are inserted after section ninety-seven of *" The Harbour : : o: ~ : ' lC. Boards Acts, 1892 to 1949," namely:- " Stevedoring. " [97 A.] (1.) Notwithstanding anything contained Authority I . n t hI' S Act or any Special Act to the cont rary, a oBfoaarHdatrobour Harbour Board may in respect of the harbour for carry on the which it is constituted, establish and carry on the ~ ~~ ~ ~~ ~ ~~ . business of a stevedore. (2.) In and in respect of the establishment and carrying on by it of the business of a stevedore a Harbour Board- (i.) Shall be capable in law of doing and suffering all such acts and things as an individual person legally competent to establish and carry on that business may by law do and suffer; (ii.) May expend moneys from its revenues: Provided that the Board shall not so expend moneys from any of its revenues required under this Act or any other Act or law to be applied for or in respect of any specified purpose; and * 56 V. No. 26 and amending Acts.

114 PART II.- AMENDMENTS OF "THE HARBOUR BOARDS ACTS, 1892 TO 1949." HARBOURS. Harbour Boards Acts Amendment Act. 15 GEO. VI. No. 17, - - - . -----_.- .--_.- -------------- (iii.) May make By-laws under this Act fixing scales of charges and providing for all other matters or things which in its opinion are necessary or expedient." Amendments 7. (1.) Section one hundred and sixteen of *" The ;:.Vic. ofs. 116 of Harbour Boards Acts, 1892 to 1949," is amended as No. follows:- (a) The words "not exceeding fifty years" are repealed and, in lieu of those repealed words, the words " not exceeding ninety-nine years" are inserted. (b) All words in the first paragraph thereof from and including the words " When a lease is for a longer term than twenty-one years" to and including the words" during the last year of the twenty-one years" are repealed. (2.) In this subsection the term " repealed provision" means the words in section one hundred and sixteen of *" The Harbour Boards Acts, 1892 to 1949," repealed by paragraph (b) of subsection one of this section. The repealed provision shall, notwithstanding its repeal, continue in force in respect of any and every lease for a longer term than twenty-one years entered into under the said section one hundred and sixteen before and current at the date of the passing of this Act, and, in the case of such a lease, the greater annual rent required by the repealed provision to have been reserved thereby for any period beyond the first twenty- one years shall continue to be payable for all times on and after the passing of this Act which times comprise the period or any part or portion of the period beyond the first twenty-one years of the term of that lease except where, in respect of any of the aforesaid times, the Harbour Board and the lessee in question shall have agreed that a rent less than the aforesaid greater annual rent shall be payable in which case that lesser rent shall be payable for that agreed upon time." to Amendment 8 Section 116A of *" The Harbour Boards Acts, ~ ~ ; 'i~~ 6A of 1892 1949," is amended by repealing the word No. 26. "resumption," where that word appears in the third paragraph of that section, and by inserting, in lieu of that repealed word, the word" reclamation." * 56 V. No. 26 and amending Acts.

HARBOURS. 115 PART III.- 1951. Harbour Boards Acts Amendment Act. A~ ~ ~ ~ ~ ~ Y TO ALIENATE CERTAIN PART IlI.-SPECIAL AUTHORITY TO ALIENATE CERTAIN TIDAL LANDS. TIDAL LANDS. 9. (1.) Notwithstanding anything in *" Thevestingin Harbour Boards Acts, 1892 to 1951 " (including t" The ~ ~~poration HarbfJur Boards Act, 1892, Amendment Act, 1900," andofcertain Part IV. of t" The Harbour Boards Acts Amendment Act tidal lands. of 1941 ") or in any other Act or law, the Governor in Council may, in the name of His Majesty, grant in fee- simple or in trust or demise in perpetuity or for a term of years under §" The Land Acts, 1910 to 1951," to the Corporation any land- (a) Pertaining to any wharf or other harbour works made, constructed, erected or maintained by or which is otherwise the property of the Corporation within the limits of a harbour in respect of which the Corporation is the Harbour Board; and (b) Lying below high water mark within the limits of that harbour, in every case where the Governor in Council deems it necessary so to do to enable the Corporation to provide for, regulate and control the use and occupation of that wharf or other harbour works. (2.) This section shall apply to land as aforesaid whether that land shall, or shall not, be or have been reclaimed. (3.) Any and every grant or demise of land made under §" The Land Acts, 1910 to 1951," in pursuance of this section shall be without competition and in the case of such a demise shall be under such one of the tenures provided in §" The Land Acts, 1910 to 1951," as the Governor in Council deems appropriate. For the purposes of this section, any wharf or other harbour works the property of the Corporation shall be deemed to be improvements for the purposes of any and every provision of §" The Land Acts, 1910to 1951," whereby land is required to be improved prior to the issue by the Governor in Council of any lease effecting a demise of land under those lastmentioned Acts. (4.) Notwithstanding anything in §" The Land Acts, 1910 to 1951," and in particular notwithstanding any condition, covenant or restriction imposed by any * 56 V. No. 26 and amending Acts. t 64 V. No. 31. t 6 G. 6 No. 9. § 1 G. 5 No. 15 and amending Acts.

116 HARBOURS. PART HI.- SPECIAL AUTHORITY Harbour Boards Acts Amendment Act. 15 GEO. VI. No. 17, TO ALIENATE CERTAIN TIDAL LANDS. provision of those Acts in respect of the letting or subletting of land granted in trust or comprised in any leasehold tenure thereunder, the Corporation shall have and may exercise, in respect of any land granted or demised to the Corporation in pursuance of this section, the powers conferred upon a Board by and under section one hundred and sixteen of *" The Harbour Boards Acts, 1892 to 1951." V~stingin. 10. (1.) Notwithstanding anything in *" The L C~ I t g y htElectnc Harbour Boards Acts , 1892 to 1951" (including t" The Company Harbour Boards Act, 1892, Amendment Act, 1900," and : :: ~ :dt~ al Part IV. of t" The Harbour Boards Acts Amendment Act land. of 1941 ") or in any other Act or law the Governor in Council is hereby authorised to issue to City Electric Light Company Limited two Special Leases under § " The Land Acts, 1910 to 1951," of the parcels of land described respectively in Schedule I. and in Schedule H. to this Act. (2.) The Special Lease of the parcel ofland described in Schedule I. to this Act shall be for a term of thirty years and shall be subject to a condition that City Electric Light Company Limited will complete the reclamation of so much of that land as lies below high- water mark to the satisfaction of the Corporation within the period specified in the instrument of lease or within such extended period or periods thereafter as the Governor in Council may allow. That condition shall be deemed to be imposed under §" The Land Acts, 1910 to 1951," and shall have operation and effect accordingly. (3.) City Electric Light Company Limited shall have, and it is hereby declared always has had, authority to reclaim so much of the parcel of land described in Schedule I. to this Act as lies below high-water mark notwithstanding anything contained in *" The Harbour Boards Acts, 1892 to 1951," (including t" The Harbour Boards Act, 1892, Amendment Act, 1900," and Part IV. of t" The Harbour Boards Acts Amendment Act of 1941 ") or any other Act or law. (4.) Upon the due completion by City Electric Light Company Limited of the reclamation of so much of the parcel of land described in Schedule I. to this Act as lies below high-water mark, the said company may * 56 V. No. 26 and amending Acts. t 64 V. No. 31. t 6 G. 6 No. 9. § 1 G. 5 No. 15 and amending Acts.

HARBOURS. 117 PART IH.- 1951. Harbour Boards Acts Amendment Act. SPECIAL AUTHORITY TO ALIENATE CERTAIN apply for a non-competitive Perpetual Lease of the TIDAL LANDS. whole of that parcel of land under and subject to section 175B of *" The Land Acts, 1910 to 1951 " and, subject to that section, the Governor in Council may issue that lease. Reclamation work carried out in respect of that land shall be deemed to be improvements for the purposes of the said section 175B. (5.) The Special Lease of the parcel of land described in Schedule H. to this Act shall be for a term of ten years and shall be subject to such special conditions as may be imposed by the Governor in Council. SCHEDULE I. SOHEDULE 1. PROPOSED SPECIAL LEASE-GIBSON ISLAND, PORTION 408, PARISH OF TINGALPA. Description. Portion 408 being all that piece of land situated in the County of . Stanley, parish of Tingalpa, containing about 37 acres, more or less, being part of Gibson Island :-Commencing at a point on the north- east boundary of portion 294, parish of Bulimba, about 156 degrees 1 chain 20 links from the north corner of that portion, thence by lines about 48 degrees 17 chains 10 links and about 310 degrees 2 chains 15 links to the Brisbane River, by that river downstream about 19 chains 30 links, by lines about 120 degrees 2 chains, about 30 degrees 5 chains 75 links to portion 409, by that portion about 120 degrees 17 chains 75 links to a point about 26 degrees 30 minutes 5 chains 50 links from a White Navigation Light, by lines about 209 degrees 45 minutes 1 chain 73 links, about 231 degrees 55 minutes 3 chains 46 links to a point about 334 degrees 30 minutes 2 chains 50 links from Aquarium Passage Regulation Line, by lines about 244 degrees 30 minutes 28 chains, about 239 degrees 6 chains and about 233 degrees 30 minutes 9 chains 80 links to portion 294 and by that portion about 336 degrees 1 chain 10 links to the point of commencement as shown on plan Cat. No. SI. 2173 deposited in the Survey Office, Department of Public Lands, Brisbane. SCHEDULE H. SOHEDULE H. PROPOSED SPECIAL LEASE-GIBSON ISLAND, PORTION 409, PARISH OF TINGALPA. Description. Portion 409 being all that piece of land situated in the County of Stanley, parish of Tingalpa, containing about 26 acres, more or less, being part of Gibson Island :-Commencing at the north corner of portion 408, and bounded thence by a line about 300 degrees 2 chains to the Brisbane River at a pile numbered 30, by that river downstream * 1 G. 5 No. 15 and amending Acts.

lIS HARBOURS-HOLIDAYS. SCHEDlrLE n. - - - - - - - - - - - - - - - - - - - - - - - - Commonwealth Jt~ bilee Holiday Act. 14 GEO. VI. No. 16, 1950. about 16 chains, by lines about ll8 degrees II chains 50 links, about 176 degrees 30 minutes 13 chains 75 links, about 187 degrees 35 minutes 3 chains 46 links, about 209 degrees 45 minutes 1 chain 73 links to east corner of portion 408 being a point about 26 degrees 30 minutes 5 chains 50 links from a White Navigation Light, by that portion about 300 degrees 17 chains 75 links to the point of commencement as shown on plan Cat. No. SI. 2173 deposited in the Survey Office, Department of Public Lands, Brisbane. 14 GEO. VI. No. 16. THE COMMON- WEALTH JUBILEE HOLIDAY ACT OF 1950. HOLIDAYS. An Act to Make Provision for a Public Holiday to Commemorate the Jubilee of the Commonwealth of Australia. [ASSENTED TO 23RD NOVEMBER, 1950.] B E it enacted by the King's Most Excellent ~ 1:ajesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- Short title. 1. This Act may be cited as " The Oommonwealth Jubilee Holiday Act of 1950." Common- wealth Jubilee holiday appointed. 2. In commemoration of the Jubilee of the Commonwealth of Australia, Wednesday, the ninth day of May, one thousand nine hundred and fifty-one, shall be observed and kept throughout Queensland as a holiday. The provisions of section ten of *" The' Holidays Acts, 1912 to 1935," shall apply to and with respect to that holiday and for that purpose Wednesday, the ninth day of May, one thousand nine hundred and fifty-one, shall be deemed to be a holiday appointed by that Act. The provisions of subsection two of section ten of t" The Industrial Oonciliation and Arbitration Acts, 1932 to 1948," shall also apply and extend to and with respect to that holiday and for that purpose Wednesday, the ninth day of May, one thousand nine hundred and fifty-one, shall be deemed to be a holiday named in the list of holidays set out in the said subsection two. Interpreta- 3. A reference in this Act to any other Act shall tion. include any Act amending or substituted for that Act. * 3 G. 5 No. 17 and amending Acts. t 23 G. 5 No. 36 and amending Acts.