An Act further to amend an Act intituled " An
" Act for the better preservation of the Ports Har- " bours Havens Roadsteads Channels Navigable " Creeks and Rivers in New South Wales and " the better regulation of Shipping in the same.'" [29th December, 1841.]
| WH E R E A S | New Sou th W a l e s | in | the th i rd | year o f t h e re ign o f H i s | l a t e |
an A c t was passed by the Governor and Counci l o f
| M a j e s t y | K i n g W i l l i a m the F o u r t h | in t i tu led | " An | Act | for | the | better |
| " preservation | of | the Forts | Harbours | Havens | Roadsteads | Channels |
| " Navigable | Creeks | and Rivers | in New South | Wales | and the | better |
" regulation of Shipping in the same" and whereas another A c t o f
t h e said Governor and Counci l was passed in the fourth year o f t h e re ign of H e r Majes ty Queen V i c t o r i a in t i tu led " An Act to amend an
| " Act | intituled | ' An | Act for | the better | preservation | of the | Ports |
| " | ' Harbours | Havens | Roadsteads | Channels | Navigable | Creeks | and | Rivers |
| " ' in New South | Wales | and the better | regulation | of Shipping | in the |
" ' same ' " by which i t was amongst other th ings enacted tha t i t should be lawful for the Governor wi th the advice of the E x e c u t i v e Counci l o f t h e said Colony to frame rules and regula t ions to be observed by
t h e mas te r s and commanders o f a l l ships in any port or harbour o f
| N e w South W a l e s excep t P o r t J a c k s o n and whereas i t is expedient | to |
| discontinue such except ion in regard | to P o r t J a c k s o n | and | fur ther | t o |
| a l te r and amend the said rec i ted A c t s B e i t therefore | enacted | by H i s |
| E x c e l l e n c y the Governor o f New Sou th W a l e s wi th | the advice o f | the |
Leg i s l a t ive Counci l the reof T h a t from and after the passing of th i s
A c t i t shal l be lawful for the said Governor wi th the advice o f the
E x e c u t i v e Counci l o f the said Colony from t ime to t ime to f rame
| rules and regula t ions to be observed by t h e mas te r s and | commanders |
of a l l ships or vessels in the H a r b o u r o f P o r t J a c k s o n and by a l l persons duly l icensed to ac t as pi lots in t h e said harbour and t h e said rules and regula t ions and al l ru les and regula t ions re la t ing to the said harbour which m a y be in force at the t ime o f the pass ing o f th is A c t to a l te r amend or repeal and subst i tu te others in the i r stead as to the said Governor and E x e c u t i v e Counci l m a y seem necessary or expedient Provided tha t al l such rules and regula t ions or such amended al tered or new rules and regula t ions
| and not ice o f t h e repeal o f any such rules and regula t ions | shal l |
| be | promulgated | by P roc l ama t ion | of | H i s E x c e l l e n c y the | Governor |
| for the t ime be ing o f the said Colony to be publ ished in t h e | New |
| South | Wales | Government | Gazette | a t leas t one mon th before t h e | same |
| shal l t a k e effect a t t he expira t ion of which t ime the | same shal l | be |
| and thencefor th cont inue to be in full force and effect. |
| 2 . A n d be i t enacted T h a t i f any person be ing the mas te r | or |
in command o f any ship or vessel in P o r t J a c k s o n or be ing duly l icensed to ac t as a pi lot in the said port shal l in any case fail or neglect to observe a l l or any o f such rules and regula t ions as shal l or m a y from t ime to t ime be so promulga ted as aforesaid or shall do or commi t any t h ing con t ra ry to t h e t rue and plain mean ing of any o f the said r ides and regula t ions such person so offending shall for every such offence forfeit and pay a sum o f not less than five pounds no r
| more t han th i r ty pounds to be recovered as hereinafter | ment ioned. |
3 . A n d be i t enacted T h a t whenever t h e person duly authorized
to perform the duties o f H a r b o u r M a s t e r in P o r t J a c k s o n shal l in pursuance of t h e au thor i ty vested in h i m by the said first rec i ted
A c t go on board any ship or vessel wi th in t h e said harbour for the
purpose of d i rect ing the removal o f such ship or vessel from one
p lace of moorage or anchorage to ano ther i t shal l be lawful for such
person i f he shal l see fit to cause such ship or vessel to be made fast to any other vessel or to any warp for the purpose o f such removal and every person who shall refuse to al low of or offer any impediment
or res is tance to such ship or vessel so be ing made fast as aforesaid or
who shal l unt ie or cut away any such warp or fastening shal l forfeit and pay for every such offence a penal ty o f five pounds Provided t ha t
i f any in jury be done to any ship or vessel by reason of the fasten
ing of any other ship or vessel there to or to such warp b y means of any warp or other fas tening for the purpose hereinbefore ment ioned t h e owner or mas te r or person in command of such ship or vessel so in jured shal l be ent i t led to recover damages from the owner or mas te r
or person in command of the ship or vessel by reason o f the fas tening
o f which such injury shall have been sustained and i f the amount o f
such damages shal l not exceed or be es t imated at more t han th i r ty pounds t h e same shall be recovered in a summary manne r as herein
4 . A n d whereas i t is expedient to reduce the ra tes o f pi lotage
charged in the Schedule to the said first rec i ted A c t annexed marked B
B e i t therefore enacted T h a t from and after the passing of this A c t so
m u c h of the said first reci ted A c t as re la tes to such ra tes and to the
t ab le the reof in t h e Schedule to the said A c t annexed marked B shall
be and the same is hereby repealed.
5. A n d be i t enacted T h a t t h e ra tes and charges o f pi lotage on
al l ships or vessels arr iving in any port or harbour from any distance
not less t han two leagues at sea or depar t ing therefrom to a l ike distance a t sea shall be .the same as are respect ively inserted described and set
| forth in t h e Schedule to th is A c t annexed marked B | Provided always |
t ha t no pi lo tage shal l be charged on any ship or vessel regis tered in
Sydney or on any s team vessel while respect ively employed in t h e coast
ing t rade from any one port o f New Sou th W a l e s to another unless the mas te r or commander the reof shall require and receive the assis tance o f a pi lot Provided also tha t no th ing herein contained shal l be t aken
or held to apply to the pi lotage chargeable on any ship or vessel
| en te r ing | or | depart ing | from | the | H a r b o u r | o f P o r t | Ph i l l ip . |
| 6. A n d whereas i t is expedient t ha t t h e Governor | for the t ime |
be ing o f New Sou th "Wales wi th the advice of the E x e c u t i v e Counci l
the reof should be empowered whenever they shall see fit to diminish
as well as increase t h e ra tes and charges for pi lotage on all ships or vessels enter ing or depart ing from the H a r b o u r of P o r t Ph i l l ip B o i t therefore enacted T h a t i t shal l and m a y be lawful for t h e said
Governor with the advice of the E x e c u t i v e Counci l whenever they shall see fit to diminish or increase the ra tes and charges for pi lotage on
ships or vessels enter ing or depart ing from the said H a r b o u r of P o r t
Ph i l l i p Provided always tha t no such increase shal l in any case exceed three t imes the amount o f the ra tes and charges respectively
inserted described and set forth in the Schedule to th is A c t annexed
marked B .
| 7. A n d whereas i t is inexpedient tha t | any vessel en ter ing or |
| depar t ing from the Ha rbou r | o f P o r t Phi l l ip | should be exempted | from |
payment o f charges for pi lotage B e i t therefore enacted T h a t al l
vessels be ing regula r t raders and regis tered in Sydney or V a n D iemen ' s
L a n d en te r ing or depar t ing from the said H a r b o u r o f P o r t Ph i l l ip
shal l whether t hey t a k e a pilot or not pay one-fourth o f the prescribed
ra tes
ra tes for t h e t ime be ing of p i lo tage for t h e said harbour and in case any such vessel shal l ac tua l ly requi re and receive a pi lot such vessel shall pay only one-hal f the ra te o f p i lo tage so prescr ibed as aforesaid.
8. A n d be it enacted T h a t every pi lot in cha rge of a vessel
| ar r iv ing | in | the | H a r b o u r | o f | P o r t | J a c k s o n from | par ts beyond | seas |
not be ing from ports in V a n D i e m e n ' s L a n d or P o r t Ph i l l i p shal l immedia te ly on boarding such vessel cause a b lue flag to be hoisted a t the ma in mas t head and shall cause t h e same to be kept flying un t i l such vessel shall be boarded by the H e a l t h Officer and every pi lot who shal l not be provided wi th a b lue flag for t h e purpose aforesaid or who shall wilfully neg lec t to cause the same to be hois ted in manne r aforesaid shal l forfeit and pay for every such offence any sum no t exceed ing ten pounds to be recovered in m a n n e r hereinafter ment ioned.
| 9 . | A n d be i t enacted T h a t no coas t ing vessel which shall | en ter |
| the H a r b o u r | o f P o r t J a c k s o n between | sunset and | sunrise | shal l | come |
| h igher up than P i n c h g u t | I s l and | bu t shall anchor to the | eastward |
t h e r e o f under a pena l ty o f ten pounds Provided always tha t th i s regula t ion shall not ex tend to s teamers or vessels commonly known as packe t vessels employed in the conveyance of passengers and merchandise and hav ing a l icense so to do from the Col lector o f Customs.
| 1 0 . | A n d be i t enacted | T h a t t h e mas te r s or | commanders o f | a l l |
| coas t ing vessels and of a l l ships and vessels t rading between | P o r t |
| J a c k s o n | and | V a n | D i e m e n ' s | L a n d | shal l on arr iv ing | wi th in | one | league |
o f the L igh t -house on the Sou th Head o f P o r t J a c k s o n cause a whi te flag to be hois ted at t h e main mas t head and keep the same flying un t i l abreas t o f the floating l ight nea r the en t rance of P o r t J a c k s o n and the mas te r or commander o f any vessel a r r iv ing as aforesaid who shall neg lec t to have such flag flying as aforesaid and whose vessel shal l be boarded by a l icensed pilot in consequence of such neglec t shal l b e subject to t h e payment o f pi lotage ra tes in respect o f such vessel in the same m a n n e r as i f a pilot had been ac tua l ly required and employed by h im any law or regula t ion to the cont ra ry notwith standing.
| 1 1 . A n d be it enacted T h a t from | and after the passing o f th is |
A c t when any an imal shall have died or been k i l led on board any ship or vessel in t h e H a r b o u r o f P o r t J a c k s o n it shal l be lawful for any person on board such ship or vessel to th row or cause such dead an imal
| proper ly a t t ached there to a sufficient weight to s ink the same and tha t | to b e th rown in to the said harbour provided t ha t the re shall b e |
| no such an imal shal l be th rown or sunk as aforesaid in any par t of the said harbour to the westward o f P i n c h g u t I s l a n d and any person who shal l offend against the provisions o f th is enac tmen t shal l forfeit and pay a pena l ty o f not less than five nor more than twenty pounds to be recovered as hereinafter ment ioned. |
| 1 2 . A n d | be i t | enacted T h a t i f any mas te r | or commander o f |
any vessel shal l interfere wi th any pi lot in t h e execu t ion o f his duty in regard to such vessel so as to resist or impede h i m in the proper performance the reo f such mas te r or commander shal l forfeit and pay for every such offence any sum no t exceeding ten pounds to b e recovered in manne r hereinafter ment ioned.
| 1 3 . A n d whereas | by t h e said first rec i ted A c t i t was | enacted |
| . t ha t | every person l icensed to ac t as a pi lot by vir tue o f the | said | A c t |
should on convic t ion before any two or more J u s t i c e s o f the Peace o f any of the offences specified in the seventeenth section o f the said A c t forfeit any sum not exceeding twen ty pounds and whereas i t is expe
dient
client tha t a h igher penal ty should he imposed for such offences and for the offences in th is A c t ment ioned B e i t therefore enacted T h a t every pi lot who shall commi t any of the offences ment ioned in any o f
t h e enac tments or provisions of this A c t for which no penal ty is spec ia l ly provided or who shall refuse neg lec t or delay to t ake charge
o f any ship or vessel unless upon good and sufficient cause to jus t i fy
such refusal neglec t or delay or who shall qui t any such ship or vessel or
dec l ine the p i lo t ing the reof after he has been engaged or before the service shal l have been performed for which he was hired or who shall
in any way neg lec t or by drunkenness render h imse l f incapable of performing any duties imposed on h im under the said first recited A c t or th i s A c t shal l on convict ion thereof forfeit any sum not exceeding
| th i r ty pounds to be recovered in m a n n e r hereinafter | ment ioned. |
1 4 . A n d be it enacted T h a t from and after the passing of this
A c t so m u c h of the said first reci ted A c t as relates to the ra tes and
charges for wharfage fixed thereby and inserted described and set
forth in the Schedule thereto annexed marked A shall be and the same is he reby repealed and tha t in l ieu the reof it shal l and m a y be lawful to levy t h e several rates and charges for wharfage on al l goods mer chandise and packages landed at the Queen ' s W h a r f in the Town of
Sydney in the Colony aforesaid or at any other publ ic w h a r f in any
port or harbour within the Government o f New Sou th W a l e s which are inser ted described and set forth in the Schedule to th is A c t annexed marked A Provided however that goods landed at any private 1
sufferance whar f shall be charged with only one-third par t of the said
ra tes and charges .
1 5 . A n d be it enacted T h a t from and after the passing of th is
A c t the th i r ty - s ix th section of the said first rec i ted A c t except so m u c h the reof as relates to the appropriat ion of al l sums collected under the said A c t shall be and the same is hereby repealed.
| 16. A n d | be it enacted T h a t a l l sums collected under th is A c t |
and not otherwise specially appropriated shall go to H e r Majes ty H e r He i r s and Successors for the publ ic uses o f the said Colony and in support o f the Government thereof and tha t al l fines and forfeitures
recoverable under th is or the said first and second recited A c t s respec t ively and no t otherwise specially appropriated shall be appropriated
in manne r fo l lowing—that is to say one moie ty thereof shall t?o to the par ty or part ies informing or suing for the same and the other moiety
| shall be paid to H e r Majes ty H e r He i r s and Successors for the publ ic | uses o f the said Colony and in support o f the Government thereof. |
| 1 7 . A n d be i t enac ted Tha t al l fines and forfeitures | incurred |
under and by v i r tue o f th is A c t shal l be recoverable upon convict ion
in manner directed by t h e said first recited A c t .
| 3 | L — V O L . | 2. | S C H E D U L E S |
| S C H E D U L E S | R E F E R R E D | T O . |
| B. |
| P I L O T A G E | R A T E S . |
A T A B L E of the Rates of Pilotage payable to licensed Pilots on all ships or other vessels
arriving at any port or harbour in New South Wales for which a Pilot shall have bectl appointed except Port Phillip from a distance not less than two leagues at sea or departing from any such port or harbour to a like distance at sea.
| For every vessel drawing— | £ | s. | d. |
| 7 feet or under | . . . | . . . | . . . | . . . | . . . | 2 | 0 | 0 |
| 8 feet and under 9 feet | 2 2 6 |
| 9 feet and under 10 feet | 2 5 0 |
| 10 feet and under 11 feet | 2 10 9 |
| 11 feet and under 12 feet | 2 15 0 |
| 12 feet and under 13 feet | 3 0 0 |
| 13 feet and under 14 feet | 3 5 0 |
| 14 feet and under 15 feet | 3 10 0 |
| 15 feet and under 16 feet | 3 15 0 |
| 16 feet and under 17 feet | 4 0 0 |
| 17 feet and under 18 feet | 4 5 0 |
| 18 feet and under 19 feet | 4 10 0 |
| 19 feet and under 20 feet | 4 15 0 |
| 20 feet and under 21 feet | 5 0 0 |
| 21 feet and under 22 feet | 5 10 0 |
| 22 feet and under 23 feet | 0 0 0 |
And so on at the rati; of Ten shillings for every additional foot.
Vessels registered in Sydney and not exceeding fifty tons registered tonnage and Vessels and Steamers employed in the Coasting trade between one port of New South Wales and another while so employed exempted from payment of the above rates unless the assistance of a Pilot shall be required and actually received.
A.
| T A B L E | OP | R A T E S | OF | W H A R F A G E . |
| Alkali loose—ton | 2 6 | Barley loose or in bags—bushel . . . 0 | 1 |
| „ | in casks according to size | „ | Pearl—cask or case | . . . | 0 | 6 |
| Almonds—hhd. | . . . | . . . | . . . | 1 | 6 | „ | keg or j a r . . . | . . . | 0 | 3 |
| „ | packase cask or case . . . | 0 | 6 | Baskets empty—each | . . . | . . . | 0 | 11/2 |
| bag | 0 | 3 | Beans in bags—bushel | . . . | . . . | 0 | 1 |
| Anchors, Grapnels—ton | . . . | . . . | 3 | 6 | „ | in casks according to size |
| Alum—ton | . . . | 2 | 6 | Beef and Pork—tierce or hhd. . . . 0 9 |
| in small packages each . . . 0 0 | „ | or barrel... | . . . | 0 | 6 |
| Anchovies—crate | . . . | . . . | . . . | 1 | 0 | Beer or Cider in bulk—hhd. | . . . | 0 | 9 |
| „ | case | . . . | . . . | . . . | 0 | 6 | „ | barrel | . . . | 0 | 0 |
| „ | barrel or keg... | . . . | 0 | 3 | ,, | Bottled 1 to 3 doz. cask or case | 0 | 3 |
| Anniseed—package | . . . | . . . | 0 | 6 | „ | 4 to 5 doz. | „ | 0 | 41/2 |
| Annatto—cask or case | . . . | . . . | 0 | 6 | „ | 6 to 8 doz. | „ | 0 | 6 |
| „ | basket or bag | . . . | . . . | 0 | 4-1/2 | 9 doz. | „ | 0 | 9 |
| Antimony Ore—ton | . . . | . . . | 3 | 6 | Beeswax—cask or case | . . . | . . . | 0 | 6 |
| Anvils—each | . . . | . . . | . . . | 0 | 3 | Berries Juniper—package | . . . | 0 | 0 |
| „ | or per ton | . . . | . . . | 2 | 6 | Bellows Smiths'—pair | . . . | . . . | 0 | 0 |
| Asses and Mules—each | . . . | . . . | 1 | 0 | Billiard Tables—each | 5 0 |
| Axletrees—each | . . . | . . . | . . . | 0 | 6 | Biscuit in bags—ton | . . . | . . . | 2 | 6 |
| Apples—package | . . . | . . . | . . . | 0 | 0 | „ | puncheon | . . . | 1 | 0 |
| Arrowroot—cask or case . . . | . . . | 0 | 6 | hhd | 0 | 9 |
| Apparel wearing—the case | . . . | 0 | 6 | „ | barrel | 0 | 41/2 |
| Bacon—bale bundle or case | . . . | 0 | 6 | keg | 0 | 3 |
| „ | side | . . . | . . . | 0 | 3 | Blankets—bale | . . . | . . . | . . . | 0 | 6 |
| Bags empty—bale or bundle | . . . | 0 | 6 | Blacklead—cask or ease . . . | . . . | 0 | 6 |
| Bark loose or in bags—ton . | . . . | 2 | 0 | Blacking—hhd | 1 | 0 |
| „ | Peruvian—case or chest | . . . | 0 | 9 | „ | cask | 0 | 6 |
Blacking
| Blacking—keg | . . . | . . . | . . . | 0 | 3 | Colours—butt | 2 | 0 |
| Bottles empty—package | 0 6 | „ | 14 to 28 lbs.—keg | 0 | 1A |