No. XII.
| An Act further to amend an Act inti tuled | "An |
| " Act for the better preservation | of the | Ports |
" Harbours Havens Roadsteads Channels Navi- " gable Greeks and Rivers in New South Wales " and the better regulation of Shipping in the
| " same" | [8th December, | 1843.] |
| WH E R E A S | N e w South W a l e s in t h e th i rd year of t h e re ign of H i s la te | Majesty |
an A c t was passed by t h e Governor and Counci l of
| 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 | 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" a n d whereas another A c t of t h e said Governor and Counci l was passed in t h e four th year of t h e re ign of H e r Majesty Queen Vic tor ia 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 amongs t o the r t h i n g s enacted t h a t i t should be lawful for t he Governor w i th t h e advice of t h e Execu t ive Counci l of t he said Colony to f rame rules a n d regula t ions to be observed by t h e mas te r s and commanders of all ships in any por t or h a r b o u r of N e w Sou th W a l e s except P o r t J a c k s o n and whereas it is expedient t o
| d iscont inue such except ion in r ega rd to P o r t | J a c k s o n | and | fur ther | to |
| a l ter and amend t h e said reci ted Ac t s | B e i t therefore enac ted by | H i s |
| Excel lency t h e Governor of N e w Sou th W a l e s w i th | t h e | advice of | t he |
Legislat ive Counci l thereof T h a t from a n d after t h e pass ing of t h i s Ac t i t shal l be lawful for t h e said Governor w i th t he advice of t h e Execut ive Counci l of t h e said Colony from t i m e to t i m e to frame rules
| and regula t ions to be observed b y t h e mas te r s a n d commanders | of | all |
| ships | or vessels | in | t h e | H a r b o u r | of P o r t J a c k s o n | and by all | persons |
| du ly l icensed to act | as pi lots in t h e said h a r b o u r a n d the said | ru les |
| and regu la t ions and all | ru les | a n d | regula t ions | re la t ing to t h e | said |
ha rbour which may be in force a t t h e t ime of t he pass ing of th is Act t o a l ter amend or repeal and subs t i tu te others in the i r stead as to t h e said Governor and Execu t ive Council may seem necessary or expedient Provided t h a t all such rules and regula t ions or such amended al tered or new rules and regula t ions and notice of t he repeal of any such rules a n d regu la t ions shall be p romulga ted by proc lamat ion of H i s Excel lency the Governor for the t ime be ing of the said Colony to be publ ished in t h e New South Wales Government Gazette a t least one m o n t h before t h e same shal l t ake effect at t he expira t ion of which t ime t h e same shall be and thencefor th cont inue to be in full force
2. A n d be i t enacted Tha t if any person being t h e mas te r or in command of any ship or vessel in P o r t J ackson or be ing duly licensed to act as a pi lot in t h e said por t shall in any case fail or neglect to observe all or any of such rules and regula t ions as shall or may from t ime to t ime be so p romulga ted as aforesaid or shal l do or commit any t h i n g con t ra ry to t he t r u e and p la in mean ing of any of t h e said rules and regula t ions such person so offending shal l for every such offence forfeit and pay a fine of not more t h a n twen ty pounds to be recovered as hereinaf ter ment ioned Provided t h a t no mas te r of any ship or vessel shal l be l iable to any fine imposed by such ru les or regula t ions unless a copy thereof shall have been previously delivered to t he said mas t e r or left on board t h e ship or vessel to which he belongs or wi th some officer in t h e absence of t he said master .
3 . A n d be i t enacted Tha t whenever t he person duly authorized to perform the dut ies of P o r t Mas te r in P o r t J a c k s o n shall in pu r suance of t h e au thor i ty vested in h i m by the said first reci ted Ac t go on board any ship or vessel wi th in the said ha rbour for t he purpose of direct ing t h e removal of such ship or vessel from one place of moorage or anchorage to ano ther i t shal l be lawful for such person if he shall see fit to cause such ship or vessel to be m a d e fast to any o ther vessel or to any w a r p for t he purpose of such removal and every person who shal l refuse to allow of or offer any impediment or resistance to such ship or vessel so be ing m a d e fast as aforesaid or who shall un t i e or cut away any such warp or fas tening shall forfeit and pay for every such offence a pena l ty of five pounds Provided t h a t if any injury be done to any ship or vessel by reason of the fastening of any o ther ship or vessel t he re to or t o such warp by means of any warp or o ther fastening for t he purpose hereinbefore ment ioned the owner or mas te r or person in
| c o m m a n d of such ship or vessel so injured shall be ent i t led to recover | damages from the owner or mas te r or person in c o m m a n d of the ship |
| or vessel by reason of t he fastening of which such injury shall have been susta ined and if t h e a m o u n t of such damages shall no t exceed or be es t imated at more t h a n t h i r t y pounds t he same shall be recovered |
| in a s u m m a r y | m a n n e r | as hereinafter | ment ioned. | |
| 4. A n d whereas i t is expedient to reduce the ra tes of pi lotage charged in t h e Schedule to t h e said first reci ted A c t annexed marked B Be i t therefore enacted Tha t from and after t h e pass ing of th i s Ac t so m u c h of t he said first reci ted Ac t as re la tes to such ra tes and to t h e |
| table thereof in t h e Schedule to t he said Ac t | annexed m a r k e d B shall | |
| be and t h e same is hereby repealed. |
| 5. A n d be it enacted Tha t t h e ra tes and charges of pilotage on all ships or vessels a r r iv ing in any por t or ha rbour except P o r t Phi l l ip from any dis tance n o t less t h a n two leagues a t sea or depar t ing there from to a l ike dis tance a t sea shall be t he same as are respectively inser ted described and set forth in figures in t he Schedule to th is A c t annexed marked A subject however to t h e reduct ions and exempt ions |
| |
| 6. A n d be it enacted Tha t t h e ra tes and charges of pi lotage on all ships and vessels | a r r iv ing in t he H a r b o u r of | P o r t | Ph i l l ip | from |
any dis tance n o t less t h a n two leagues a t sea or depar t ing therefrom to a l ike dis tance a t sea shal l be t h e same as are respectively inser ted described and set for th in figures in t h e Schedule to th i s Ac t annexed m a r k e d B subject however to t h e reduct ions and exemptions there in contained.
| 7. A n d be it enacted Tha t so m u c h of t h e said last ment ioned reci ted Ac t as relates to t h e m a k i n g | increased | ra tes a n d | charges | for |
| t h e pi lotage of | vessels en te r ing | in to a n d depar t ing | from | t h e | H a r b o u r |
of P o r t Ph i l l ip be and t h e same is hereby repealed.
| 8. A n d be i t enacted Tha t every pilot in cha rge of a vessel a r r iv ing in t h e H a r b o u r | of | P o r t | J ackson | from par t s | beyond seas | no t |
be ing from por t s in V a n Diemen ' s L a n d or Po r t Phi l l ip shall im mediate ly on board ing such vessel cause a b lue flag to be hoisted at the ma in -mas t head and shall cause t he same to be kep t flying un t i l such vessel shall be boarded by t h e H e a l t h Officer and every pilot who shall no t be provided wi th a b lue flag for t h e purpose aforesaid or who shall wilfully neglect to cause t he same to be hoisted in m a n n e r afore said shall forfeit and pay for every such offence a n y sum no t exceeding
| ten pounds to be recovered in m a n n e r hereinafter | ment ioned. |
9. A n d be it enacted T h a t no coast ing vessels which shall en ter
| t h e H a r b o u r of Po r t | J ackson between | sunset | and sunr ise shall come |
| h igher | u p | t h a n | P i n c h g u t | I s land | b u t | shall anchor | to | t he | eas tward |
thereof u n d e r a penal ty of t e n pounds Provided always t h a t th i s regula t ion shall no t ex tend to s teamers or vessels commonly k n o w n as packet vessels employed in the conveyance of passengers and mer chandise and having a license so to do from the Collector of Cus toms.
10. A n d be i t enacted Tha t the mas ters or commanders of all
coast ing vessels and of all ships and vessels t r a d i n g between Po r t
J ackson and V a n Diemen ' s L a n d shall on a r r iv ing wi th in one league
| of the L igh t -house on the Sou th | H e a d of P o r t | J ackson cause a whi te |
| flag to be hoisted a t t h e main-mas t head and keep the same | flying |
| u n t i l abreast of t he F loa t ing L igh t nea r t h e en t rance of | Po r t | Jackson |
a n d t h e mas t e r or commander of any vessel a r r iv ing as aforesaid who shal l neglect to have such flag flying as aforesaid and whose vessel shal l be boarded by a licensed pilot in consequence of such neglect shall be subject t o t h e paymen t of pi lotage ra tes in respect of such vessel in t h e same m a n n e r as if a pi lot had been actual ly required and employed by h im any law or regula t ion to t h e contrary notwi th
1 1 . A n d be i t enacted Tha t from and after t h e pass ing of th i s
Ac t when any an imal shal l have died or been kil led on board any ship or vessel in the H a r b o u r of P o r t J ackson i t shall no t be lawful for any person on board such ship or vessel to t h r o w or cause such dead an imal to be t h r o w n in to t h e said ha rbour unless there shal l be proper ly a t tached the re to a sufficient weight to s ink t he same a n d t h a t no such an imal shall be t h r o w n or sunk as aforesaid in any p a r t of t he said ha rbour to t h e wes tward of P i n c h g u t I s l and and any person who shall offend against t he provisions of th i s enac tmen t shall forfeit and pay a pena l ty of not more t h a n five pounds to be recovered as herein
12. A n d be it enacted Tha t if any mas te r or commander of any vessel shall interfere w i th any P o r t Mas te r H a r b o u r Mas te r Ass i s tan t H a r b o u r Mas t e r or Pi lot in t h e execut ion of his du ty in regard to such vessel so as to resist or impede h im in t h e proper performance thereof such mas te r or commander shall forfeit a n d pay for every such offence any s u m not exceeding t en pounds to be recovered in manne r herein
13 . A n d whereas by t h e said first recited Ac t i t was enacted t h a t every person l icensed to act as a pi lot by v i r tue of t he said A c t should on conviction before any two or more Jus t ices of t he Peace of any of t he offences specified in t he seventeenth section of t he said Ac t forfeit any s u m no t exceeding twen ty pounds and whereas i t is expedient t h a t a h igher penal ty should be imposed for such offences and for t h e offences in th i s Act ment ioned Be i t therefore enacted Tha t every pilot who shall commit any of t h e offences ment ioned in any of t he enac tmen t s or provisions of th is Act for which no pena l ty is specially provided or who shall refuse neglect or delay to t ake charge of any ship or vessel unless upon good a n d sufficient cause to justify such refusal neglect or delay or who shall qu i t any ship or vessel or decline t he pi lot ing thereof after he has been engaged or before t h e service shall have been performed for which he was h i red or who shall in any way neglect or by d runkenness render himself incapable of performing any dut ies imposed on h i m u n d e r t h e said first reci ted A c t or th i s Act shall on conviction thereof forfeit any s u m not exceeding th i r ty pounds
| to be recovered in m a n n e r hereafter | ment ioned . |
1 1 . A n d be it enacted Tha t from and after t he pass ing of th i s
Ac t so m u c h of t h e said first reci ted A c t as relates to t h e ra tes and charges for wharfage fixed thereby and inserted described and set forth in the Schedule there to annexed marked A shall be and t h e same is hereby repealed a n d t h a t in l ieu thereof it shall and may be lawful to levy t h e several ra tes and charges for wharfage on all goods merchandise and packages landed at the Queen ' s W h a r f in t he Town of Sydney in t he Colony aforesaid or a t any o ther publ ic wharf in any por t or harbour wi th in t he Governmen t of N e w South Wales which are inser ted described and set forth in t he Schedule to th i s Ac t annexed m a r k e d C Provided however t h a t goods landed a t any pr iva te suffer ance whar f shall be charged wi th only one- thi rd pa r t of the said rates
15 . A n d be it enacted Tha t from and after t he pass ing of this Ac t t h e th i r ty - s ix th section of t h e said first recited A c t except so much thereof as relates to t h e appropr ia t ion of all sums collected unde r the said Ac t shall be and the same is hereby repealed.
16. A n d be i t enacted That all sums collected u n d e r th is Act
and no t otherwise specially appropr ia ted shall go to H e r Majesty H e r
Heirs and Successors for t h e publ ic uses of t he said Colony and in
suppor t of t h e Government thereof and t h a t all fines and forfeitures
recoverable u n d e r th i s or the said first and second recited Acts
respectively and no t otherwise specially appropr ia ted shall be appro pr ia ted in m a n n e r fo l lowing—that is to say one moiety thereof shall go to t h e pa r ty or par t ies informing or su ing for t h e same and the remainder shall be pa id to H e r Majesty H e r H e i r s and Successors for the publ ic uses of t h e said Colony and in suppor t of t he Government
thereof.
| 17. A n d be i t enacted Tha t all fines a n d forfeitures | incur red |
under and by v i r tue of th i s Ac t shal l be recoverable upon conviction
in m a n n e r directed by the said first reci ted Act .
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 | TO. |
| A . |
| P I L O T A G E | H A T E S . |
| A | T A B L E | of | t h e | R a t e s | of | P i l o t a g e | p a y a b l e | to l i c e n s e d | P i l o t s | on | a l l | s h i p s | or | o t h e r | vesse ls |
| a r r i v i n g | a t | a n y | p o r t | o r | h a r b o u r | i n | N e w | S o u t h | W a l e s | for | w h i c h | a | P i l o t | s h a l l | h a v e | b e e n |
| a p p o i n t e d | e x c e p t | P o r t | P h i l l i p | f rom | a | d i s t a n c e | n o t | less | t h a n | t w o | l e a g u e s | a t | sea | o r |
| d e p a r t i n g | f rom | a n y | s u c h | p o r t | o r | h a r b o u r | to | a | l i k e | d i s t a n c e | a t | sea . |
| F o r | e v e r y | vessel | d r a w i n g — | £ | s. | d. |
| 7 | fee t | o r | u n d e r | . . . | . . . | . . . | . . . | . . . | 2 | 0 | 0 |
| 8 | feet | a n d u n d e r | 9 fee t | 2 | 2 | 0 |
| 9 feet | a n d u n d e r | 1 0 feet | 2 | 5 | 0 |
| 1 0 feet a n d u n d e r | 1 1 fee t | 2 | 1 0 | 0 |
| 1 1 feet | a n d | u n d e r | 1 2 fee t | 2 | 1 5 | 0 |
| 1 2 feet a n d | u n d e r | 1 3 feet | 3 | 0 | 0 |
| 1 3 feet a n d | u n d e r | 1 4 fee t | . . . | . . . | . . | . . . 3 | 5 | 0 |
| 1 4 feet | a n d | u n d e r | 1 5 fee t | 3 | 1 0 | 0 |
| 1 5 feet a n d u n d e r | 1 6 fee t | 3 | 1 5 | 0 |
| 1 6 feet | a n d | u n d e r | 17 fee t | 4 | 0 | 0 |
| 1 7 | feet | a n d | u n d e r | 1 8 fee t | 4 | 5 | 0 |
| 1 8 feet a n d u n d e r | 1 9 fee t | 4 | 1 0 | 0 |
| 1 9 feet a n d u n d e r 2 0 fee t | 4 | 1 5 | 0 |
| 2 0 | feet | a n d | u n d e r | 2 1 fee t | 5 | 0 | 0 |
| 2 1 feet a n d u n d e r 2 2 feet | 5 | 1 0 | 0 |
| 2 2 fee t a n d u n d e r 2 3 fee t | 6 | 0 | 0 |
| A n d | so on | a t | t h e | r a t e | of | T e n | s h i l l i n g s | for | e v e r y | a d d i t i o n a l | foot . |
| Exceptions | or | Exemptions. |
| 1 . | Vesse l s | of a l l | n a t i o n s | o u t f i t t i n g | t o | o r | r e f i t t i n g | f rom | t h e | F i s h e r i e s | vessels | a n d |
| s t e a m e r s | e n g a g e d | i n | C o a s t i n g | V o y a g e s | a n d | vessels | u n d e r | 2 5 | t o n s | b u r t h e n | e x e m p t e d | f rom |
| p i l o t a g e | u n l e s s | a | P i l o t | b e | a c t u a l l y | t a k e n | b y | t h e m . |
| 2 . | V e s s e l s above 2 5 | b u t | u n d e r | 5 0 | t o n s | b u r t h e n | n o t | r e q u i r e d | t o | t a k e | P i l o t s | b u t |
| t h o u g h | t h e y | decl ine | t a k i n g | t h e m | t h e y | a r c | c h a r g e a b l e | w i t h | h a l f | p i l o t a g e | u n l e s s | t h e y | b e |
| s t e a m e r s | or | e n g a g e d | in | C o a s t i n g | V o y a g e s | i n | e i t h e r | of | w h i c h | cases | t h e y | a r e | e x e m p t . |
| T h e s e | e x c e p t i o n s | or | e x e m p t i o n s | h o w e v e r | o n l y | a p p l y | t o | vessels | h a v i n g | B r i t i s h |
| R e g i s t e r s | o r | b e i n g | e n t i t l e d | to | t h e | p r i v i l e g e s | of | B r i t i s h | r e g i s t e r e d | s h i p s . |
| E v e r y | vessel | t h a t | a c t u a l l y | t a k e s | a | P i l o t | m u s t | p a y | fu l l | p i l o t a g e . |
B.
| P I L O T A G E | R A T E S — P O R T | P H I L L I P . |
| A | T A B L E | of t h e | R a t e s | of | P i l o t a g e | p a y a b l e | to | l i censed | P i l o t s | o n | a l l | s h i p s or o t h e r | vessels |
| a r r i v i n g | in | t h e | H a r b o u r | of | P o r t | P h i l l i p | f rom | a d i s t a n c e | n o t | less | t h a n | t w o | l e a g u e s | a t |
| sea | o r | d e p a r t i n g | t h e r e f r o m | t o | a | l i k e | d i s t a n c e | a t | sea . |
| F o r | e v e r y | vessel | d r a w i n g — | £ | s. | d . |
| 7 | feet | o r | u n d e r | . . . | . . . | . . . | . . . | . . . | 6 | 0 | 0 |
| 8 | feet | a n d | u n d e r | 9 | feet | . . . | . . . | . . . | . . . | 6 | 7 | 6 |
| 9 | feet | a n d | u n d e r | 1 0 feet | . . . | . . . | . . . | . . . | 6 | 1 5 | 0 |
| 1 0 feet a n d u n d e r | 1 1 feet | 7 | 1 0 | 0 |
| 1 1 | feet | a n d | u n d e r | 1 2 | feet | . . . | . . . | . . . | . . . | 8 | 5 | 0 |
| 1 2 | fee t | a n d | u n d e r | 1 3 fee t | 9 | 0 | 0 |
| 1 3 feet | a n d u n d e r | 1 4 feet | 9 | 1 5 | 0 |
| 1 4 feet a n d u n d e r | 1 5 feet | 1 0 | 1 0 | 0 |
| 1 5 | feet | a n d | u n d e r | 1 6 feet | . . . | . . . | . . . | . . . | 1 1 | 5 | 0 |
| 1 6 feet a n d u n d e r | 17 feet | 1 2 | 0 | 0 |
| 17 fee t a n d | u n d e r | 1 8 fee t | 1 2 | 1 5 | 0 |
| 1 8 feet | a n d | u n d e r | 1 9 fee t | 1 3 | 1 0 | 0 |
| 19 feet | a n d | u n d e r | 2 0 | feet | 1 4 | 5 | 0 |
| 2 0 | feet | a n d | u n d e r | 2 1 | fee t | 1 5 | 0 | 0 |
| 2 1 feet a n d | u n d e r | 2 2 fee t | 1 6 | 1 0 | 0 |