Harbours Act Amendment Act 1976 (Qld)

393 ANNO VICESIMO QUINTO ELIZA.BETHAE SECUNDAE REGINAE No. 42 of 1976 An Act to amend the Harbours Act 1955-1972 in certain particulars [ASSENTED TO 5TH MAY, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Harbours Act Amendment Act 1976. (2) The Harbours Act 1955-1972 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Harbours Act 1955-1976. 2. Commencement . This Act shall come into operation on a date to be appointed by Proclamation.

394 Harbours Act Amendment Act 1976, No. 42 3. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) omitting the words " Division II-The Harbours Trust (ss. 11-1.4) " and substituting the words " Division II-The Harbours Corporation of Queensland (ss. 11-13) "; (b) omitting from the words " Division IV-Proceedings of Harbour Boards (ss. 37-48) " the expression " 48 " and substituting the expression 48B "; (c) omitting from the words " PART 111-POWERS AND DUTIES OF HARBOUR BOARDS (ss. 54-76) " the expression " 76 " and substituting the expression " 76A"; (d) inserting after the words " PART IX-FACILITIES FOR LOADING SUGAR IN BULK (SS. 169-184);" the following words:- PART X-FUNCTIONS, AUTHORITIES, POWERS AND DUTIES OF THE HARBOURS CORPORATION OF QUEENSLAND; Division I-Functions, Authorities, Powers and Duties (ss. 185-196); Division II-Finance (ss. 197-208); Division 11I-Miscellaneous (ss. 209-210);". 4. Amendment of s. 4. Section 4 of the Principal Act is amended by omitting from the proviso subparagraph (i). 5. Amendment of s. 8. Section 8 of the Principal Act is amended by- (a) inserting before the definition " Ballast " the following definitions:- "Agent "-In relation to a ship or the owner of a ship, a person who, in relation to the ship or on behalf of the owner of the ship- (a) has undertaken or performed within the State the function of ship's husbandry or any duty or function under the Queensland Marine Act 1958-1975 or under this Act; or (b) has made arrangements within the State for or in connexion with the repair or berthing of the ship or the carriage, loading or unloading of cargo, stores or bunkers; "Air Cushion Vehicle "-A vehicle which is designed to be supported, when in motion wholly or partly by air expelled from the vehicle to form a cushion between the under-surface of the vehicle and the water, land or other surface over which the vehicle is poised or moving;"; (b) inserting after the definition " Construct " the following definitions:- Daannggeerroouuss Goods "-Goods which, by reason of their nature, quantity or mode of storage are liable either singly or collectively, to endanger the lives of persons on or near a harbour, or to imperil any ship or property in or near a harbour: The term includes oil, explosives and any other goods which are declared by by-law to be dangerous goods for the purposes of this Act; Director "-The Director of the Department of Harbours and Marine;";

Harbours Act Amendment Act 1976, No. 42 395 (c) omitting the definition " Harbour lands " and substituting the following definition:- ""Harbour lands "-Lands which in the opinion of a Harbour Board are required or likely to be required for use in connexion with the harbour for which that Board is constituted and which have been designated as harbour lands under the provisions of section 62A;"; (d) omitting the definition " Harbours Trust or Trust "; (e) inserting after the definition " Harbour works " the following definition:- " " Harbours Corporation "-The Harbours Corporation of Queensland constituted under this Act;"; (f) inserting after the definition " Member " the following definition:- " " Merchant Shipping Act "-The Imperial Act, Merchant Shipping Act, 1894: The expression includes any Imperial Act amending the same or in substitution therefor; ": (g) inserting • after the definition " Non-elective member" the following definition:- Oil "-Oil of whatever description and from whatever source extracted: The term includes- (a) spirit produced from oil; (b) coal tar; (c) any mixture of oil with any other matter;"; (h) adding at the end of the definition "Owner" the words The term when used in relation to a vessel includes a charterer of the vessel and any person who has possession of the vessel "; (i) inserting after the definition " Secretary " the following definition:- " " Secretary to The Marine Board "-The Secretary to The Marine Board of Queensland constituted under the Queensland Marine Act 1958-1975: The term includes any person who for the time being occupies the office or performs the duties of the Secretary to that Board; "; (j) inserting in the definition " Vessel " after the word " pontoon the words ", houseboat, seaplane ,. air cushion vehicle "; (k) inserting in the definition " Wharf " after the words " from any vessels:" the words "The term includes a boat ramp:"; (1) omitting from the definition " wharf " all words from and including the words " and " wharf land " " to and including the words " low water mark;". 6. Repeal of and new Division H ' of Part II. The Principal Act is amended by repealing all sections comprising Division I•I of Part II and the heading thereto and substituting the following heading and 'sections:- DIVISION II-THE HARBOURS CORPORATION OF QUEENSLAND 11. The Harbours Corporation of Queensland . (1) The corporation sole continued in existence by section 11 of the Harbours Act 1955-1972 under the name and style of The

396 Harbours Act Amendment Act 1976, No. 42 Corporation of the Treasurer of Queensland is hereby preserved, continued in existence and constituted as a corporation sole under the name and' style " The Harbours Corporation of Queensland". (2) The Harbours Corporation shall continue to be constituted by the Minister and, by the name assigned to it by subsection (1), have perpetual succession and an official seal and shall be capable in law of suing and being sued in its corporate name, and, subject to this Act, of taking, acquiring, holding and disposing of land and other property, and of doing and suffering all such other acts, matters and things as bodies corporate may by law do and suffer. (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Harbours Corporation affixed to any document and shall presume that it was duly affixed. 12. Consequences of constitution of Harbours Corporation. (1) Every reference- (a) in this Act or in any other Act; (b) in any Proclamation, Order in Council, regulation, by-law or other instrument made under this Act or any other Act; or (c) in any document or writing, to The Corporation of the Treasurer of Queensland, The Queensland Harbours Trust or the Harbours Trust shall be read and construed as a reference to The Harbours Corporation of Queensland. (2) Any proceeding which prior to the commencement of the Harbours Act Amendment Act 1976 was commenced by or against The Corporation of the Treasurer of Queensland and which is not concluded at such commencement may be continued by or against The Harbours Corporation of Queensland. (3) The Registrar of Titles and the Registrar of Dealings and any other person charged with the keeping of a register of dealings concerning land vested in or held by The Corporation of the Treasurer of Queensland shall without further authority than this section alter the name as shown in such register of the registered proprietor, registered lessee , owner or occupier of land referred to in such register to The Harbours Corporation of Queensland. 13. General Powers of Harbours Corporation . The Harbours Corporation shall have the functions, authorities, powers and duties conferred or imposed on it by the several provisions of this Act.". 7. Amendment of s. 24. Section 24 of the Principal Act is amended in subsection (1) by- (a) omitting subparagraph (ii); (b) omitting the first proviso; (c) in the second proviso, (i) omitting the word " further "; (ii) omitting the words " section forty-eight or subparagraph (i) of section ninety-nine " and substituting the words " sections 48 or 48A ".

Harbours Act Amendment Act 1976, No. 42 397 8. Amendment of s. 36. Section 36 of the Principal Act is amended by omitting from subsection (2) the words " the Trust " and substituting the words " the Harbours Corporation ". 9. Nevy ss. 48A, 48B. (1) The Principal Act is amended by adding after section 48 the following sections:- " 48A. Payments to members . Without derogating from the provisions of section 48 of this Act, a Harbour Board may pay to a member such fees as it fixes from time to time by resolution and expenses necessarily incurred, in respect of any attendance at- (i) meetings and committee meetings of the Harbour Board and inspections authorized by it; (ii) deputations and conferences which attendance is authorized by the Harbour Board. The aggregate of payments by way of fees only to a member under this section for attendance at meetings , committee meetings, inspections , deputations and conferences of or on behalf of the Harbour Board shall not in any year exceed the sum prescribed for the time being by or under the Local Government Act 1936-1975 as the maximum amount which may lawfully be paid to a member of a Local Authority by way of fees for attendance at meetings, committee meetings, inspections , deputations and conferences of or on behalf of the Local Authority. 48B. Insurance of Members . (1) A Harbour Board may enter into contracts of insurance with the State Government Insurance Office (Queensland) or with any insurer authorized to carry on insurance business in Queensland under the Insurance Acts 1973 of the Commonwealth or the Insurance Act1960-1975 for the insurance of every member of the Harbour Board against personal injury (fatal or non-fatal) arising out of or in the course of his performance of the duties of his office and against further personal injury arising out of or in the course of- (a) his direct journey to obtain a medical certificate or to receive medical, surgical or hospital treatment or to receive payment under such contract of insurance; or (b) his direct journey to his place of abode after receiving such certificate, treatment or payment. Every such contract of insurance entered into shall be for the benefit of each member insured thereunder (or, in the case where death of a member results from an injury insured against, for the benefit of that member's dependants or for the benefit of the dependants of an ex-member whose office became vacant as a result of his injury), and shall, as far as practicable, provide the same benefits for all persons insured as are provided in the case of workers under the Workers' Compensation Act 1916-1974. (2) Notwithstanding anything to the contrary, contained in this Act, if a member of a Harbour Board is present at a meeting of the Harbour Board at which a contract or proposed contract or other matter under this section is the subject for consideration he shall be entitled to take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract or other matter.

398 Harbours Act Amendment Act 1976, No. 42 (3) All expenditure by a Harbour Board in respect of any contract under this section shall be deemed to be expenditure in respect of the management of the office of the Harbour Board. (4) In this section- (a) the expression " personal injury " includes a disease contracted by a member of a Harbour Board in the course of his performance of the duties of his office or in the course of a journey specified in this section; (b) the expression " duties of his office " includes attendance at meetings and committee meetings of the Harbour Board and at inspections authorized by it, attendance at deputations, conferences and meetings which attendance is authorized by the Harbour Board and his journeying directly to and from such a meeting, inspection, deputation or conference.". (2) The amount of any fee fixed by by-law of a Harbour Board under provision (i) of section 99 of the Principal Act, and in force immediately prior to the commencement of this Act, shall on and from that commencement continue to be the amount of that fee until the Harbour Board by further by-law repeals that by-law (it being hereby empowered so to do) or fixes that fee by resolution made for the purposes of section 48A of the Principal Act as amended by this Act. 10. Amendment of s. 49. Section 49 of the Principal Act is amended by- (a) adding at the end of subsection (1) the following paragraph:- " A Harbour Board may by resolution authorize the chairman or officer of or any person employed by the Board to exercise on behalf of the Board the powers of appointment, removal and discontinuance conferred by this subsection on Harbour Boards, or any of such powers, in respect of all classes of employees or any class of employee of the Board and, until such resolution is rescinded, such person shall be authorized accordingly."; (b) adding the following subsection:- " (4) A Harbour Board may, in writing and with the approval of the permanent head of the appropriate department of the Government of the State, appoint any employee of the Crown in right of the State to perform such functions and duties and to exercise such powers and authorities, as an officer of the Board, as are from time to time imposed or conferred on officers of the Board and, with such approval, are assigned by the Board to such appointee. It is the duty of any person so appointed to perform such functions and duties and to exercise such powers and authorities in conjunction with the other functions and duties he is required to perform as an employee of the Crown and for the purpose only of conferring on him sufficient authority to carry out such performance and exercise he shall be deemed to be an officer of the Harbour Board by which he is appointed.". 11. Amendment of s. 51 . Section 51 of the Principal Act is amended in subsection (2) by- (a) omitting from the second paragraph the word " by-law " and substituting the word " resolution ";

Harbours Act Amendment Act 1976, No. 42 399 (b) inserting in the second paragraph after the word " officer " the words " or employee of the Board "; (c) omitting from the third paragraph the words " or officer " and substituting the words ", officer or employee ". 12. Amendment of s. 56. Section 56 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1) and in that subsection- (i) omitting from the first paragraph the words " the amount of two thousand dollars or less " and substituting the words " an amount not exceeding $2 000 or other prescribed amount "; (ii) omitting from the second paragraph the words " five hundred dollars but not exceeding two thousand dollars " and substituting the words " $500 or other prescribed amount but not exceeding S'_ 000 or other prescribed amount "; (iii) omitting from the fourth paragraph the words " two thousand dollars " and substituting the words " $2 000 or other prescribed amount (b) adding the following subsection:- (2) An amount prescribed for the purpose of any provision of subsection (1) shall be prescribed by way of Order in Council.". 13. Amendment of s. 62A. Section 62A of the Principal Act is amended by- (a) in subsection (3) omitting from the fourth paragraph the words subsection five " and substituting the words " subsections (5) and (6) "; (b) adding the following subsection:- " (6) A Local Authority may at any time, by notice in writing to the Minister, request him to review the designation under this section of any land as harbour lands. The Minister may cause to be made such inquiry as he thinks fit. A Harbour Board shall forthwith furnish to the Minister such information as he requires of it in connexion with his review of a designation of land as harbour lands. If- the Minister determines that the designation which is the subject of his review should be altered he shall, by notice in writing, call upon the Harbour Board concerned to alter within the time specified by him in the notice the designation of the land in question in accordance with subsection (5) to give effect to his determination and the Harbour Board shall comply accordingly but, if it fails to so comply, the Minister, with the consent of the Governor in Council, may, by notification published in the Gazette, rescind the designation. of that land and declare a new designation of that land to give effect to his determination and such new designation shall be deemed to have been made by the Harbour Board in which the land is vested or by which the land is held.".

Opp Harbours Act Amendment Act 1976, No. 42 24. Repeal of and new s. 64 . The Principal Act is amended by repealing section 64 and substituting the following section:- 66 64 Power of Harbour Board to lease lands and grant licences and permits to occupy lands . (1) Subject to this section, a Harbour Board may upon such terms and conditions as it thinks fit- (a) lease for a purpose consistent with this Act land vested in or held by it; (b) authorize by licence, the use and occupation of- (i) land vested in or held by it; (ii) Crown land placed under its management and control pursuant to this Act, for the purpose of construction, management, operation, maintenance or use of harbour works or other works; (c) permit the use and occupation of- (i) land vested in or held by it; (ii) Crown land placed under its management and control pursuant to this Act, (iii) part of the foreshore, or of other tidal land or tidal water in the harbour for which it is constituted; (iv) vacant Crown land contiguous to the foreshore in the harbour for which it is constituted, for the purpose of construction, management, operation, maintenance or use of harbour works or other works, or the placement, maintenance or use of a buoy mooring of whatever kind or description. (2) Manner of granting leases, licences and permits. A lease or licence granted by a Harbour Board under this section shall be in writing- (a) under the seal of the Board; or (b) under the hand of the Chairman or two other members of the Board, in either case, acting at the direction of the Board. A lease or licence granted by the Harbours Corporation under this section shall be in writing under the seal of the Corporation. A permit granted under this section shall be in writing under the hand of a person employed by the Harbour Board or engaged in the affairs of the Harbours Corporation and authorized in that behalf by the Board or, as the case may be, the Corporation. (3) Minister ' s approval required for lease or licence over harbour lands. A Harbour Board shall not lease or license the use or occupation of harbour lands unless the Minister's approval in writing of the lease or licence and of its terms, conditions and duration is first obtained. If a Harbour Board purports to lease or license the use or occupation of such land without complying with this subsection the lease or licence is void. Before approving a lease or licence over harbour lands which are wholly or partly below high water mark the Minister shall request The Marine Board of Queensland to advise if it considers that such lease or licence would impede or restrict navigation.

Harbours Act Amendment Act 1976, No. 42 401 Without limiting the Minister's discretion as respects approving of a lease or licence, the Minister may refuse to approve a lease or licence if he considers that navigation would be impeded or restricted or the public convenience would be prejudiced as a result. (4) Provisions affecting leases, licences and permits . Leases, licences and permits granted by a Harbour Board under this section shall be subject to the following provisions:- (a)- The term of a lease shall not exceed 75 years. The term of a licence shall not exceed 10 years. The term of a permit shall not exceed 2 years. (b)- Every lease shall reserve a rent to the Board in such amount as the Board fixes. There shall be payable to the Board in respect of each licence a fee in such amount as the Board fixes. Upon application for a permit or a renewal of a permit there shall be payable to the Board a fee in such amount as the Board fixes and, in addition, the Board may require the permittee to pay fees to the Board during the term of the permit in such amount as the Board fixes. (c) There shall be specified in each lease, licence or permit the purpose or purposes for which the land to which the lease, licence or permit applies may be used by the lessee, licensee or, as the case may be, permittee. (d) Where a lease contains a covenant that confers on the lessee a right to renew the lease or a licence or permit provides for its renewal, the aggregate of the term of the lease, licence or permit and the terms of further leases, licences or permits granted pursuant to that covenant or, as the case may be, that provision shall not exceed the maximum term for which the lease, licence or permit could have been granted lawfully in the first instance. (5) Public right to use certain wharves. A licence or.permit granted under this section in respect of a wharf on land abutting land that is not in the occupation of the licensee or permittee shall be subject to the right of the public to use the wharf at all reasonable times without charge. (6) User of land subject to lease, licence or permit. A person who is a lessee, licensee or permittee under a lease, licence or permit granted under this section shall not use the property to which it applies for any purpose except a purpose specified therein save- (a) in any case, with the approval of the Harbour Board first had and obtained; and (b) in the case of a lease or licence of harbour lands, with the approval of the Minister first had and obtained.

402 Harbours Act Amendment Act 1976, No. 42 Save in an emergency or in a case to which subsection (5) applies, a person shall not use property to which a lease, licence or permit granted under this section applies unless- (a) he is the lessee , licensee or permittee; or (b) the consent of the lessee, licensee or permittee to that use is first had and obtained. A person who is a lessee, licensee or permittee under a lease. licence or permit granted under this section shall not permit or suffer any other person to use for any purpose property to which it applies save- (a) in a case to which subsection (5) applies; or (b) in any other case- (i) with the approval of the Harbour Board first had and obtained; and (ii) if the land to which a lease or licence applies is harbour lands, with the approval of the Minister first had and obtained. (7) Assignment and sub -letting. A person who is a lessee, licensee or permittee under a lease, licence or permit granted under this section shall not assign his rights thereunder or sublet property to which the same applies save- (a) in the case of a lease or licence- (i) with the approval of the Harbour Board and of every other person who has an interest in the land to which the lease or licence applies first had and obtained; and (ii) if the land to which the lease or licence applies is harbour lands, with the approval of the Minister first had and obtained; (b) in the case of a permit, with the approval of the Harbour Board first had and obtained. (8) Construction and operation of works. Subject to this Act, a lessee , licensee or permittee under a lease, licence or permit granted under this section may, in or on the land to which it applies, construct works (including reclamation works) and maintain, operate and use such works for a purpose specified in the lease, licence or permit. Before the commencement of the construction of any works or of the alteration, modification or extension of any works the lessee, licensee or permittee, as the case may be, shall submit to the Harbour Board the plans and specifications of the proposed construction, alteration, modification or extension for its approval and shall not cause or suffer such commencement until the Board has approved of such plans and specifications and of such commencement. All construction, alteration, modification or extension of any works shall be in accordance with the plans and specifications therefor approved by the Board. Sections 86 to 92 both inclusive of this Act shall apply in respect of works constructed under the authority of this subsection.

Harbours Act Amendment Act 1976, No. 42 403 (9) Buoy moorings subject to Marine Act. Section 198 of the Queensland Marine Act 1958-1975 shall apply in respect of any buoy mooring of whatever kind or description placed pursuant to the authority conferred by a lease, licence or permit granted tinder this section. (10) Termination of lease , licence or permit. If- (a) default is made in the payment of any rent reserved by a lease granted under this section; or (b) default is made in the payment of any fees payable in respect of or pursuant to a licence or permit granted under this section; or (c) the lessee, licensee or permittee under a lease, licence or permit granted under this section- (i) contravenes or fails to comply with any provision of this section; (ii) permits or suffers the contravention of or failure to comply with any provision of this section in relation to property to which the lease, licence or permit applies; or (iii) contravenes or fails to comply with any term or condition of the lease , licence or permit, the Harbour Board that granted the lease, licence or permit may, by notice in writing to the lessee, licensee or permittee, terminate the lease, licence or permit either. forthwith or as from a date fixed by the Board. If during the term of a licence granted under this section the Governor in Council is satisfied that the land to which it applies or any part thereof is required for the purpose of navigation by the public, public convenience or a public purpose heV may, by Order in Council, terminate the licence as respects the whole of such land or a part as is specified in the Order in Council, and the licence together with the rights thereunder of all parties thereto shall be terminated accordingly on the date of publication of the Order in the Gazette. A permit granted under this section together with the permittee's rights thereunder may be terminated at any time at the will of the Harbour Board that granted the permit, by notice in writing to the permittee. Upon the termination of a lease, licence or permit granted under this section- (a) no claim for compensation shall lie in respect thereof and no compensation shall be paid in respect thereof save, in the case of a termination of a licence by the Governor in Council, as and so far as the order expressly provides; (b) the Harbour Board may require or permit the person who was lessee, licensee or permittee at such termination to remove movable improvements which are his property on the land to which the lease, licence or permit applied within a period fixed by the Board and for this purpose shall permit such person to enter and remain upon the land until such period expires or until such improvements are sooner removed.

404 Harbours Act Amendment Act 1976, No. 42 (11) Movable improvements left on land . If upon the termination of a lease, licence or permit under this section the Harbour Board dbes not require or permit the lessee, licensee or permittee to remove movable improvements pursuant to subsection (10) all such improvements effected by him during the term of his lease , licence or permit shall, by virtue of such termination, divest from the person who was the lessee ; licensee or permittee at such termination and become and be the property of the Harbour Board without payment of or any claim to compensation in respect thereof. If a person required or permitted by a Harbour Board pursuant to subsection (10) to remove movable improvements fails to remove the same to the Board's satisfaction within the period fixed by it, the Board may cause the same to be removed to its satisfaction in such manner and to such place as it thinks fit whereupon the Board may recover from such person the expenses incurred by it in so doing by way of action for debt in any court of competent jurisdiction. (12) Surrender of leases , licences and permits . A Harbour Board may accept the surrender of a lease, licence or permit granted under this section. Upon the surrender of or the expiration by effluxion of time of a lease , licence or permit granted under this section the person who was lessee , licensee or permittee shall, within a period fixed by the Harbour Board, remove movable improvements, which are his property on the land to which the lease, licence or permit applied and for this purpose the Board shall permit such person to enter and remain upon the land until such period expires or until such improvements are sooner removed. If such person fails to remove movable improvements to the Board's satisfaction within the period fixed by it the Board- (a) may cause the same to be removed to its satisfaction in such manner and to such place as it thinks fit whereupon the Board may recover from such person the expenses incurred by it in so doing by way of action for debt in any court of competent jurisdiction; or (b) agree with such person that it shall acquire such improvements or any part thereof on such terms as are agreed upon. The powers and obligations provided for by the foregoing provisions of this subsection shall, in a particular case , be subject to the provisions of the lease, licence or permit concerned. (13) Particular covenants which may be agreed to. Without prejudice to the covenants, terms and conditions to which a lease, licence or permit granted under this section may be subject, such lease , licence or permit may include or be subject to all or any of the following:- (a) a covenant or condition that if the lessee, licensee or permittee observes all the terms and conditions thereof the Harbour Board will renew the lease, licence or permit on the same terms and conditions if so required by the lessee, licensee or permittee before the expiration thereof;

Harbours Act Amendment Act 1976, No. 42 405 (b) in the case of a lease or licence, a covenant or condition that if the lessee or licensee observes all the terms and conditions thereof the Harbour Board will, upon the expiration of the term thereof, acquire the improvements (fixed or movable) erected in or on or brought onto the land to which the lease or licence applies by the lessee or licensee during the term thereof or any part of such improvements upon the payment by the Board of the value or a specified portion of the value of the improvements or part to be acquired as at the date of acquisition unless a renewal of the lease or licence is granted. (14) Meaning of " lessee ", " licensee " and " permittee ". In this section- " lessee " means the person to whom a lease is granted under this section and includes a person to whom the lease is assigned or on whom the rights of the lessee thereunder have devolved by operation of law; " licensee " means the person to whom a licence is granted under this section and includes a person to whom the licence is assigned or on whom the rights of the licensee thereunder have devolved by operation of law; " permittee " means the person to whom a permit is granted under this section and includes a person to whom the permit is assigned or on whom the rights of the permittee thereunder have devolved by operation of law. (15) Appeal against refusal of permit . If a Harbour Board refuses an application for a permit or for the renewal of a permit under this section, the applicant may renew his application to the Minister who, if he approves of the application, shall direct the Harbour Board to grant or renew the permit and the Board shall comply with such direction within the time specified therein by the Minister. If the Harbour Board so directed by the Minister fails to comply with the direction as prescribed the Minister may grant or renew the permit in question which shall be deemed to be the permit granted by the Board.. An application made to the Minister under this subsection shall be made within 30 days after the refusal of the Harbour Board is notified to the applicant.". 15. Amendment of s. 65. Section 65 of the Principal Act is amended by- (a) omitting from subsection (1) the word " wharf "; (b) adding the following subsection:- " (6) This section other than provision (a) of subsection (3) applies in respect of a lease or licence herein referred to granted by the Harbours Corporation and for this purpose a reference to- (a) a Harbour Board; or (b) the Minister where it occurs in subsection (4), shall be deemed to be a reference to the Harbours Corporation.".

406 Harbours Act Amendment Act 1976, No. 42 16. Amendment of s. 66. Section 66 of the Principal Act is amended by omitting subsection (2). 17. Amendment of s. 70. Section 70 of the Principal Act is amended by in subsection (3)- (a) omitting paragraph (a) and substituting the following paragraph :- " (a) If a person appointed or authorized by a Harbour Board either generally or in a particular case so to do inspects goods unloaded from a vessel or awaiting shipment on a vessel and forms the, opinion that the goods are in an offensive or dangerous condition so as to be injurious or prejudicial to the public health, safety or comfort, he may certify in writing to that effect. The Chairman of the Harbour Board, upon receipt of such certificate, may cause notice in writing to be served on the owner, consignee or consignor of the goods, or, if he cannot be found or is unknown, cause a notice in writing to be affixed to the material in or to which any portion of the goods is contained or attached, requiring the owner, consignee or consignor to remove, as indicated in the notice, the goods within 24 hours from the time of the service or affixing of the notice."; (b) omitting from paragraph (b) the words "officer of" and substituting the words " person appointed or authorized by "; (c) omitting from paragraph (c) the words " the owner of the goods or consignee " wherever they occur and substituting the words " the owner, consignee or consignor of the goods " in each case. 18. New ss. 75A, 75B. The Principal Act is amended by inserting after section 75 the following sections- "75A. Disposal of abandoned goods . (1) Where there is on land situated above high water mark vested in or belonging to a Harbour Board or under its control or management a vessel, vehicle, aircraft or other thing whatsoever whether of a like nature or not in respect of which there are reasonable grounds for suspecting that the same has been abandoned by the person who last used it, (hereinafter in this section referred to as " abandoned property ") the Harbour Board may remove and detain the abandoned property or cause the abandoned property to be removed and detained at a place of safe keeping and may deal with the abandoned property or cause the abandoned property to be dealt with in the manner provided by this section. (2) (a) As soon as practicable after removal of the abandoned property, the Harbour Board shall cause to be given to the owner thereof, if he can be ascertained, notice in writing of the removal and of the place at which the abandoned property is then detained. The notice shall, if practicable, be served upon the owner personally, but if it is not so served within fourteen days from the date of the removal it may be given by public advertisement in a newspaper circulating in the locality in which the abandoned property was found.

Harbours Act Amendment Act 1976, No. 42 407 (b) If within one month from the date of service or advertisement of the notice the owner of the abandoned property or a person acting on his behalf or claiming a right to the possession of the abandoned property has not obtained possession of the abandoned property in accordance with the provisions of this subsection, the Harbour Board may- (i) by notice published in a newspaper circulating in the locality in which the abandoned property was found, advertise that it will offer the abandoned property for sale by public auction at the place and time stated in the advertisement; (ii) at the time on the day stated in the advertisement (which day shall be not earlier than fourteen days after the date when the advertisement was first published) and at the place stated in the advertisement, offer the abandoned property for sale by public auction unless the owner thereof or a person acting on his behalf or claiming a right to possession thereof has sooner obtained possession of the abandoned property in accordance with the provisions of this subsection; (iii) if no offer for the abandoned property is received at the auction, dispose of it in such manner and on such terms as the Harbour Board may determine. (c) The proceeds of the sale or disposal of the abandoned property shall be applied as follows:- (i) firstly, in payment of the expenses of the sale or disposal; (ii) secondly, in payment of the cost of removal and detention of the abandoned property and the service and advertisement of any notice served or advertised under this subsection; (iii) thirdly, in payment of the balance of the proceeds to the owner of the abandoned property or, if after reasonable inquiry, he cannot be ascertained, into the Harbour Fund of the Harbour Board. Moneys paid to the Harbour Fund of a Harbour Board pursuant to subparagraph (iii) shall be the property of the Board. (d) The Harbour Board which has caused abandoned property to be removed and detained under this subsection may deal with any goods, equipment or thing contained in, on or about the abandoned property at the time of its removal in the same manner as it may deal with the abandoned property pursuant to this subsection: Provided that any perishable goods contained in the abandoned property at the time of its removal may be disposed of in such manner as an authorized officer of the Harbour Board concerned directs and the proceeds, if any, of the disposal of the perishable goods shall be applied in accordance with the provisions of paragraph (c) of this subsection. (e) Abandoned property which a Harbour Board has removed and detained or caused so to be, pursuant to this section shall not be delivered to the owner thereof, or to another person acting

408 Harbours Act Amendment Act 1976, No. 42 on his behalf or claiming a right to the possession thereof unless the following provisions of this paragraph have been complied with:- (i) the owner or person acting on his behalf or claiming a right to possession of the abandoned property has applied in writing signed by him to the secretary of the Harbour Board for the release of the abandoned property; (ii) the applicant has furnished proof to the satisfaction of the secretary of his ownership or his right to possession of the abandoned property and, in the case of the applicant being a person acting on behalf of the owner, has furnished proof to the satisfaction of the secretary, of his authority to so act; (iii) the applicant has paid all expenses incurred by the Harbour Board concerned in connexion with the removal and detention of the abandoned property and the service or advertisement of any notice served or advertised by the Harbour Board in relation to the removal and detention or intended sale of the abandoned property; (iv) the applicant has signed a receipt for the delivery of the abandoned property to him. A person who takes delivery, or obtains possession of or removes or attempts to remove from the detention of a Harbour Board abandoned property removed and detained pursuant to the provisions of this subsection except in accordance with the provisions of this paragraph (e) commits an offence against this Act. (f) In this section the term " abandoned property " includes any part of the abandoned property. 75B. Litter prevention. (1) In this section, save where the contrary appears- " Harbour Board land " means any land vested in or held by a Harbour Board; " litter " means any kind of rubbish, refuse, or garbage, and any matter that, when on Harbour Board land causes, contributes to or tends to the defacement or defilement of that land; " put " includes to throw and to deposit. (2) Powers of officers. An officer of a Harbour Board appointed and authorized either generally or in a particular case so to do may require a person whom he finds committing or whom he reasonably suspects to he committing or to have committed an offence against this section to state his full name and usual place of residence. (3) A person shall not fail to comply with a requisition directed to him under this section by an officer of a Harbour Board duly authorized in that behalf, or, in response to a requisition give any information that is false or misleading. Penalty: $100.

Harbours Act Amendment Act 1976, No. 42 409 (4) Offence to litter. (a) A person shall not--- (i) put litter, or cause litter to be put on any Harbour Board land; or (ii) drop and leave litter, or cause litter that has been dropped to be left on any Harbour Board land, save under the authority of and in accordance with the requirements of the Harbour Board or of an officer thereof appointed or authorized so to do. (b) A person who contravenes any provision of paragraph (a) of this subsection commits an offence against this Act and is liable to a penalty of $300 where- (i) the litter material to the charge consists of or includes broken glass or any other substance likely to cause injury to a person using such Harbour Board land; or (ii) the court before which he is convicted is of the opinion that the quantity of litter material to the charge is substantial, and in any other case to a penalty of $200. (5) Offender may be ordered to clean up. (a) A court before which a person is convicted of an offence against any provision of subsection (4) of this section may, in addition to imposing a penalty as prescribed by that section order the offender- (i) to clean up the litter material to the charge and to remove it from the Harbour Board land concerned within the time appointed in the order to the satisfaction of the person specified in the order; and (ii) in default of his complying with the order of the court or with a direction of the person so specified within the time appointed, to pay a further penalty in such amount, not exceeding $200, as the court thinks fit. (b) In every order made pursuant to paragraph (a) of this subsection the court shall either specify a place to which the litter is to be removed or direct that it is to be removed to a place nominated by the person to whose satisfaction the litter is to be cleaned up and removed. (c) When the order made pursuant to paragraph (a) of this subsection is complied with to the satisfaction of the person specified that person shall give or send to the offender a written statement to that effect. (d) Where an order made pursuant to paragraph (a) of this subsection is not complied with to the satisfaction of the person specified a justice may, upon the complaint of that person. issue a summons requiring the offender in default to show cause before a Magistrates Court constituted under the Justices Act1886-1975, or, where the offender has not attained the age of seventeen years, before a Childrens Court why the further penalty imposed by that order should not be enforced. Upon the hearing of such summons the court- (i) may extend the time for compliance with the order made pursuant to paragraph (a) of this subsection whereupon the preceeding provision of this subsection shall apply as if such extended time were the time appointed by the order; (ii) may make such order as it thinks fit. 14

410 Harbours Act Amendment Act 1976, No. 42 (6) Offender may be ordered to pay for removal of litter. A court before which a person is convicted of an offence against any provision of subsection (4) of this section. or which upon a hearing of a summons to show cause issued pursuant to subsection (5) of this section does not extend the time appointed as therein prescribed, may. in addition to imposing a penalty, order the offender to pay (within a time appointed in the order) to the Harbour Board such sum as it considers reasonable for the cleaning up and removal of the litter material to the charge from that Harbour Board land. A certificate of the clerk of the court that includes the terms of an order made pursuant to this subsection may be filed in the registry of a court that has jurisdiction in an action for debt to the extent of the amount so ordered to be paid, or, as the case may be, the amount remaining unpaid, and thereupon the order may be enforced as an order made by that court for payment to the Harbour Board named in the order of a debt due and owing to it. (7) Regulations . Without limiting the power to make regulations conferred by section 163, regulations may he made under that section prescribing all matters required or permitted by this section to be prescribed and all matters that, in the opinion of the Governor in Council, are necessary or convenient to achieve the objects and purposes of this section.". 19. New s. 76A. The Principal Act is amended by inserting after sectiou 76 the following section:-- " 76A. Rateability of harbour lands. Harbour lands are not rateable for the purposes of the Local Government Act 1936-1975 or the City of Brisbane Act1924-1974 unless such lands are for the time being held or used by a person other than the Harbour Board in which such lands are vested or by which they are otherwise held. The provisions of this section are in addition to and not in derogation of the provisions of the Local Government Act 1936-1975 or the City of Brisbane Act1924-1974.". 20. Amendment of s. 81 . Section 81 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:- " (4) (a) The Governor in Council may from time to time by Order in Council, vest in or place under the management and control of a Harbour Board Crown land, whether lying above or below or partly above and partly below high water mark and thereupon such land shall, subject to this Act, vest in or be held by the Board for the purposes of this Act. (b) An Order in Council made under paragraph (a) of this subsection may relate to a foreshore or bathing reserve under the management and control of a Local Authority pursuant to the Local Government Act 1936-1975 but shall not affect the operation of that Act in respect of the foreshore or bathing reserve. (c) Prior to his exercising the power conferred on him by paragraph (a) of this subsection the Governor in Council shall obtain the views thereon of the Minister of the Crown who administers the Land Act 1962-1975 and, in the case of land which lies wholly or partly below high water mark, in addition the views thereon of the Minister of the Crown who administers the Queensland Marine Act 1958-1975.".

Harbours Act Amendment Act 1976, No. 42 411 21. Repeal of ss. 82 to 85 . The Principal Act is amended by repealing sections 82, and the heading immediately preceding that section. 83, 84, and the heading immediately preceding that section, and 85. 22. Amendment of s. 86 . Section 86 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting from paragraph (a) the words " Five hundred pounds " and substituting the expression " 55 000 "; (ii) omitting from paragraph (b) the words " Ten pounds " and substituting the expression " S500 "; (b) in subsection (3)- (i) adding at the end of subparagraph (i) the words " and shall pay to that Board the prescribed fee "; (ii) inserting in subparagraph (ii) after the word " navigation the words " and complies with the regulations that apply with respect to the work (if any) and with the by-laws of the Harbour Board concerned that apply with respect to the work (if any)". 23. Amendment of s. 92 . Section 92 of the Principal Act is amended by- (a) numbering the existing provisions, commencing with the words In addition to ", as subsection (I); (b) adding at the end of the section the following subsection:- " (2) The applicants shall cause public notice of the application to be given by advertisement published in the Gazette and in a newspaper circulating in the locality affected by the proposed reclamation once in each week for four consecutive weeks. The advertisement shall contain such particulars as are prescribed and, until so prescribed, shall state- (a) the name and address for service of the applicants; (b) the nature and effect of the proposed reclamation; (c) that objections to the proposed reclamation may be lodged in the Land Court registry at Brisbane on or before a date specified in the advertisement being not less than two months from the date of the first publication in the Gazette and in such newspaper and that a copy of each objection is to be served on the applicants and on The Marine Board of Queensland. (3) (a) At any time before the date specified in the advertisement referred to in subsection (2) any person who feels aggrieved by the proposed reclamation may lodge his notice of objection in writing in the Land Court registry, Brisbane. (b) Such notice of objection shall state clearly and concisely the grounds of objection and the objection shall be limited to the grounds so stated and the burden of proving such grounds shall be on the objector. (c) The objector shall forthwith, after lodging such notice in the Land Court registry serve a copy thereof on each of them- (i) the applicants; (ii) The Marine Board of Queensland.

412 Harbours Act Amendment Act 1976, No. 42 (d) An objection under this section shall be heard and determined by the Land Court constituted by one member thereof sitting alone and the applicants and any person who has duly objected shall be the parties to the hearing. The Land Court shall make such recommendations as it thinks fit to the Governor in Council as to the granting or refusal of the application in question and the Governor in Council shall have regard to such recommendations in relation to that application. The Land Court may order any fee deposited or any part thereof to be paid to the applicants or any objector. The determination of the Land Court and any orders made therein in respect of an objection made under this section shall be final. An appeal shall not lie to the Land Appeal Court or to any other Court or Tribunal from the determination of the Court upon an objection under this section nor shall any determination be reviewed, quashed or otherwise called in question in any proceeding whatsoever. (e) The provisions of Divisions V and VI of Part II of the Land Act 1962-1975 (excluding section 43 thereof) and the Rules of Court regulating the practice and procedure of the Land Court shall, subject to this section, apply with respect to the hearing and determination of objections made under this section. (4) The power conferred by the Land Act 1962-1975 to make Rules of Court regulating the practice and procedure of the Land Court includes power to make such rules with respect to the making of objections under this section and to their hearing and determination. (5) Subsections (2) and (3) of this section do not apply in any case where an application is made under subsection (1) in relation to the repair, renewal or maintenance of a wall or structure that retains reclaimed land if the reclamation of that land was effected according to law.". ?A. Repeal of and new s. 93. The Principal Act is amended by repealing section 93 and substituting the following section:- " 93. Regulations in relation to reclamations . The power conferred by section 163 of this Act to make regulations includes power to make regulations providing for any additional matters relating to applications for a special Act or Order in Council to authorize reclamations of land or relating to objections to such an application as may be necessary including without limiting the generality thereof- (i) prescribing the form of the advertisement to be published in the Gazette and a local newspaper; (ii) prescribing the form of notices of objections and the manner of lodgment of such notices in the Land Court registry; (iii) prescribing the fees payable by objectors.".

Harbours Act Amendment Act 1976, No. 42 413 25. Amendment of s. 98. Section 98 of the Principal Act is amended by- (a) in subsection (2)- (i) in subparagraph (iii) omitting the words " " The Navigation Acts, 1876 to 1950," " and substituting the words " the Queensland Marine Act 1958--1975 "; (ii) in subparagraph (xiii) omitting the words " " The Navigation Acts, 1876 to 1950," " and substituting the words " the Queensland Marine Act 1958-1975 "; (iii) in subparagraph (xiv) omitting the words " " The Navigation Acts, 1876 to 1950," " and substituting the words " the Queensland Marine Act 1958-1975 "; (iv) adding the following expression and subparagraphs:- {f (xix) Regulate and control the use of harbour works to secure the safety of shipping within the harbour or the interests of public health, safety or comfort; (xx) Prescribe in relation to works to which section 86 (3) applies the procedures to be complied with by a constructing authority, within the meaning of that section, before commencing such works and prescribe the fees to be paid by such constructing authority; (xxi) Protect all land and property of the Harbour Board from trespass, injury or misuse; (xxii) Regulate the use of all land and property of the Harbour Board and, without limiting the generality thereof, provide for the proper conduct of persons on or in the vicinity of that land (including the prohibition or regulation of bathing) as it thinks fit ". (b) in subsection (2A) adding the following paragraph:- " (e) a by-law may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution, The Association of Australian Port and Marine Authorities or a like body identified in the by-law."; (c) in subsection (3)- (i) omitting paragraph (a) and substituting the following paragraph:- "(a) A by-law may prescribe a penalty for any breach of the by-laws, and may prescribe different penalties in the case of successive breaches or, in the case of a breach constituted by a continuing offence, a daily penalty but in no case shall a penalty prescribed exceed $5 000 or in the case of a daily penalty, $500 for each day during which the offence continues."; (ii) omitting from paragraph (b) the word " Trust " and substituting the words " the Harbours Corporation "; (d) in subsection (4) omitting from paragraph (a) the words " the Trust " and substituting the words " the Harbours Corporation ".

414 Harbours Act Amendment Act 1976, No. 42 26. Amendment of s. 99. Section 99 of the Principal Act is amended by omitting subparagraph (i). 27. Amendment of s. 100 . Section 100 of the Principal Act is amended by omitting from subsection (1) the words " Trust shall " and substituting the words " the Harbours Corporation shall ". 28. Amendment of s. 101 . Section 101 of the Principal Act is amended by omitting subsection ( 1) and substituting the following subsection:- " (1) By-laws made by Harbours Corporation etc. By-laws of the Harbours Corporation shall be made only in the manner and subject to the conditions following:- (a) A copy of the proposed by-law shall be deposited at the office of the Harbours Corporation and where the by-law relates to a harbour for which a Harbour Master is appointed under the Queensland Marine Act 1958-1975 also at the office of the said Harbour Master and shall at all reasonable times be open to inspection at such offices by any person for a period of not less than twenty - one days; (b) A notice shall be published in some newspaper circulating in the locality to which the proposed by-law relates setting forth the general purport of the proposed by-law and stating that a copy is open to inspection as prescribed in paragraph (a); (c) After the expiration of the period referred to in paragraph ( a) of this subsection, the by-law shall be passed by the Harbours Corporation and sealed with the seal of the Harbours Corporation and submitted for the approval of the Governor in Council.". 29. Amendment of s. 105. Section 105 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) Funds. (a) Every Harbour Board (other than the Harbours Corporation) shall establish and keep at all times established in accordance with this Act the following funds:- (i) A Harbour Fund; (ii) A Trust Fund; and (iii) A Loan Fund. The funds shall be separate and distinct and a separate bank account shall be kept for each fund. (b) The Governor in Council may, by the regulations, prescribe one or more other funds which may be established and kept by a Harbour Board and the purposes for which those funds are to be applied and may regulate the keeping and closure of such funds and the proper use of moneys forming such funds for the purposes for which the funds are established.

Harbours Act Amendment Act 1976, No. 42 415 A Harbour Board permitted by the regulations to establish and keep a prescribed fund may establish and keep established that fund and shall cause the moneys for the time being forming each fund to be applied to the purpose prescribed in respect of that fund. The funds prescribed by the regulations shall be separate and distinct and the manner of banking thereof shall be as prescribed."; (b) in subsection (2)- (i) omitting from provision (iii) of paragraph (a) the words " license fees " and substituting the words " licence or permit fees "; (ii) adding to paragraph (b) the following expression and subparagraph:- 11 . (iv) Payment of moneys required by the regulations to be paid from the Harbour Fund to a fund established and kept pursuant to the regulations "; (c) omitting subsection (5). 30. Repeal of and new s. 105A. The Principal Act is amended by repealing section 105A and substituting the following section:- " 105A. Investment of funds. (1) A Harbour Board may invest moneys which are surplus in any fund kept by it in one or more of the following investments- (a) any form of interest bearing deposit with a bank; (b) securities guaranteed by the Government of the Commonwealth or of the State; (c) with an authorized and approved dealer in the short term money market; or (d) other securities approved by the Governor in Council by Order in Council. Every security shall be held either by the Harbour Board or to the account of the Harbour Board by the Reserve Bank of Australia. The Harbour Board shall obtain and keep a safe custody receipt in respect of every security held to its account by the Reserve Bank of Australia. (2) For the purposes of this section the expression " authorized and approved dealer " means a person who- (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (b) is approved by the Governor in Council by Order in Council.". 31. Amendment of s. 106 . Section 106 of the Principal Act is amended by- (a) omitting from subsection (1) the second paragraph and substituting the following paragraph:- " Separate budgets shall be framed and adopted for each fund kept by the Harbour Board, other than the Trust Fund.";

416 Harbours Act Amendment Act 1976, No. 42 (b) omitting subsections (2) and (3) and substituting the following subsection:- " (2) In framing the budget for each of its funds the Board shall estimate in respect of the year for which the budget is being framed and shall therein show- (a) the amounts to be disbursed upon the several works, matters and things to which the fund is applicable, which amounts shall in respect of the Harbour Fund be set out under the headings prescribed by the regulations; and (b) the amounts expected. to be received from the several sources of income and other moneys of the Board which income or other moneys are required by this Act to be paid to the fund."; (c) omitting from subsection (7) the proviso; (d) adding the following subsections:- " (9) If at any time it appears to the Harbour Board that there has arisen an emergent, extraordinary or unforeseen circumstance, which requires it to make a disbursement that was not provided for in the applicable budget which would entail expenditure in excess of the amount provided for in the applicable budget in relation to expenditure of that class, the Harbour Board before making the disbursement shall by its resolution approve the making of the disbursement. (10) If the Harbour Board makes a disbursement in contravention of subsection (9) then the members of the Harbour Board who consented to the making of the disbursement shall be jointly and severally liable to refund the amount thereof with interest at the rate of eight per centum per annum and the same maybe recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Treasurer who, on recovery of the same, shall pay the amount recovered into the fund concerned but shall be entitled to full costs of suit including costs as between solicitor and client.". 32. Amendment of s. 109; Section 109 of the Principal Act is amended by adding the following subsection:- " (7) The provisions of this section shall not apply to the Harbours Corporation.". 33. Amendment of s. 113. Section 113 of the Principal Act is amended by in subsection (2), omitting from paragraph (b) the word " pounds ". 34. Amendment of s. 114. Section 114 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting from paragraph (a) the expression "A" and substituting the words " Save where the Auditor-General duly dispenses with the requirement of this paragraph, a ";

Harbours Act Amendment Act 1976, No. 42 417 (ii) adding the following paragraph:- " (c) Where a Harbour Board has adopted a procedure for keeping accounts, which requires for its implementation the use of special forms that are money forms, the Auditor-General may in relation to that Board dispense with the requirement provided for by paragraph (a) and, for so long as such dispensation subsists, that paragraph shall not apply to that Board."; (b) in subsection (4) omitting the words " Twenty pounds " and substituting the expression " $40 ". 35. Amendment of s. 115. Section 115 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting subparagraph (i) and substituting the following subparagraph:- (i) Annual statements of receipts and disbursements in respect of each fund kept by the Harbour Board pursuant to this Act in the same form as is provided for framing the respective budgets for those funds, and an annual statement of receipts and disbursements in respect of the Trust Fund;"; (ii) omitting subparagraph (iii) and substituting the following subparagraph:- (iii) A statement of contracts in writing and under seal entered into by the Board during the year which statement shall include the amount of the contract price;"; (iii) omitting subparagraph (v) and substituting the following subparagraph:- (v) An annual income and expenditure account and. a balance sheet at the close of the year in question in respect of the Harbour Fund."; (b) in subsection (5)- (i) omitting from paragraph (a) all words from and including the words " and compare the same " to the end of the paragraph; (ii) omitting from paragraph (b) all words from and including the words " prescribed for the time being " to and including the words " one shilling therefor," and substituting the words " fixed for the time being by the Harbour Board by resolution "; (c) in subsection (6) omitting from paragraph (a) all words from and including the words ", at which meeting " to the end of the paragraph. 36. Amendment of s. 117. Sectibn 117 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following heading and subsections:- ,\ "Audit. (1) The accounts of a Harbour Board shall be audited at least once in each year by the person or persons appointed pursuant to this section. (2) The Auditor-General may appoint a person who holds or persons each of whom holds a certificate of registration as a public accountant under the Public Accountants Registration Act 1946-1975 or an officer or officers of the Department of the Auditor-General to be the auditor or auditors for a Harbour Board. The remuneration payable by a Harbour Board in respect of each audit shall be as fixed by the Auditor-General,

418 Harbours Act Amendment Act 1976, No. 42 (2A) The auditor or auditors appointed under this section- (a) shall examine the books and accounts of the Harbour Board and, forthwith upon completion of the audit, shall report to the Auditor-General the result thereof; (b) shall have, in respect of the books and accounts of the Harbour Board, the subject of the audit, and of all books, papers, writings, vouchers and records of the Board relating thereto such powers as are prescribed by the regulations. The Auditor-General shall, in respect of the matters and things aforesaid have all the powers conferred on him by the Audit Act 1874-1968. (2a) The report of the auditor made to the Auditor-General shall be made available through the Treasurer to the Minister as soon as is practicable.". 37. Amendment of s. 120. Section 120 of the Principal Act is amended by adding the following subsection:- " (5) There shall, in relation to every harbour to which this Part applies, be payable and paid in accordance with this Act such charges and fees as are, by by-law or resolution of the Harbour Board, levied or charged-- (a) for the use of plant or equipment of the Harbour Board, including for labour supplied in connexion therewith; (b) for the supply of any service, product or commodity, including electricity and water. If in any case a charge or fee referred to in this subsection is fixed by by-law of a Harbour Board and subsequently the Board fixes that charge or fee by its resolution then such resolution, in so far as it purports to fix that charge or fee, shall have no force or effect until that by-law is revoked.". 38. Amendment of s. 124. Section 124 of the Principal Act is amended by adding at the end thereof the following paragraph:- " If the Harbour-Board or any person appointed by the Harbour Board in that behalf requires such owner, agent, or master to supply it or him with a certified copy of any such book, account or record or of any extract therefrom the owner, agent or master shall comply with the requisition within the time limited therefor by the Board or person who makes the requisition.". 39. Amendment of s. 129 . Section 129 of the Principal Act is amended by omitting from subsection (l) the words " five pounds " and the words " fifty pounds " and substituting the expression " $100 " and the expression " Si 000 " respectively. 40. Amendment of s. 139 . Section 139 of the Principal Act is amended by- (a) omitting from subsection (2) all words from and including the word " except " - to the end of the subsection and substituting the words " unless the management and control of that wharf or harbour work is vested in the Harbour Board under section 140 ";

Harbours Act Amendment Act 1976, No. 42 419 (b) in subsection (3), inserting after the word " aforesaid " the words " (other than a wharf or other harbour work the property of the Harbours Corporation)". 41. Amendment of s. 140. Section 140 of the Principal Act is amended by- (a) omitting from subsection (4) the words " the Harbour Board, Local Authority, or " and substituting the word " a "; (b) inserting after subsection (4) the following subsections:- " (4A) A Harbour Board or Local Authority in whom the management and control of a wharf or other harbour work is vested as aforesaid may by by-law under this Act, the Local Government Act 1936-1975 or, as the case may be, the City ofBrisbane Act1924-1974-- (a) fix the dues, rates and charges payable to it for the use of that wharf or other harbour work; and (b) iegulate and control the use of that wharf and other harbour work and the conduct of persons therein or thereon. (4B) Such Harbour Board, Local Authority or other person shall pay all fees, dues, rates and charges levied against it or him by Order in Council published pursuant to subsection (1).". 42. Amendment of s. 141. Section 141 of the Principal Act is amended in the second paragraph of subsection (3), by- (a) omitting the words " " The Public Works Land Resumption Acts, 1906 to 1955," " and substituting the words " the Acquisition ofLand Act1967-1969 ": (b) omitting the words " those Acts " wherever they occur and substituting in each case the words " that Act ". 43. Amendment of s. 142. Section 142 of the Principal Act is amended by- (a) in paragraph (a) of subsection (1), (i) omitting from the first subparagraph the words " the Secretary for Public Lands " and substituting the words " the Minister for Lands or other Minister for the time being charged with the administration of the Land Act 1962-1975 (ii) omitting from the first subparagraph all words from and including the words ", or vest in " to and including the word " constituted " and substituting the following words:- or vest in-- (i) a Harbour Board land or a parcel of land within or partly within or near the limits of the harbour for which that Board is constituted; or (ii) the Harbours Corporation land or a parcel of land wherever situated,"; (b) in paragraph (b) of subsection (1), (i) omitting from the fourth subparagraph the words " " The Public Works Land Resumption Acts, 1906 to 1955," " and substituting the words " the Acquisition of Land Act1967-1969 ";

420 Harbours Act Amendment Act 1976, No. 42 (ii) omitting from the fourth subparagraph the words " those Acts " where they occur and substituting in each case the words " that Act ". (c) in paragraph (c) of subsection (1) omitting the words " section 189A of " The Land Acts, 1910 to 1955," " and substituting the words " section 354 of the Land Act 1962-1975 ": (d) in subsection (3), (i) inserting after the words " Harbour Board " wherever they occur the words " or the Harbours Corporation "; (ii) omitting from the third subparagraph of paragraph (b) the words " the Board " and substituting the word " it "; (iii) omitting from the fourth subparagraph of paragraph (b) the words " " The Public Works Land Resumption Acts, 1906 to 1955," and substituting the words " the Acquisition of Land Act1967-1969 "; (iv) omitting from the fourth subparagraph of paragraph (b) the words " those Acts " wherever they occur and substituting in each case the words " that Act ". 44. Amendment of s. 144 . Section 144 of the Principal Act is amended by- (a) omitting the words " " The Public Works Land Resumption Acts , 1906 to 1955 ," " wherever they occur and substituting in each case the words " the Acquisitionof Land Act1967-1969 "; (b) omitting the words " those Acts " wherever they occur and substituting in each case the words " that Act ". 45. Amendment of s. 145. Section 145 of the Principal Act is amended by omitting the words " " The Navigation Acts, 1876 to 1950," " wherever they occur and substituting in each case the words " the Queensland Marine Act 1958-1975 ". 46. Amendment of s. 146. Section 146 of the Principal Act is amended by in subsection (1), (a) omitting from subparagraph (iii) the words " " The Navigation Acts, 1876 to 1950," " and substituting the words " the Queensland Marine Act 1958-1975 "; . (b) omitting the words " one hundred pounds " and substituting the expression " $5 000 ". 47. Amendment of s. 147. Section 147 of the Principal Act is amended by omitting all words from and including the words " solid matter " to the end thereof and substituting the words " matter whatever shall ensure that such matter or things do not fall into the harbour or in any way affect the public health, safety or comfort.". 48. Amendment of s. 148. Section 148 of the Principal Act is amended by- (a) in subsection (2), (i) omitting from the first subparagraph the words " one hundred pounds " and substituting the expression " $10 000 "; (ii) omitting from the second subparagraph the words " two pounds " and the words " twenty pounds " and substituting the expression " $100 " and the expression " 51000 " respectively;

Harbours Act Amendment Act 1976, No. 42 421 (b) in subsection (4), omitting all words from and including the words " " The Health Acts, 1937 to 1947," " to the end of the subsection and substituting the words " the Health Act1937-1974 or of the Fisheries Act 1957-1974 ". 49. Amendment of s. 151. Section 151 of the Principal Act is amended by omitting from subsection (1) the words " two hundred pounds " and substituting the expression " $5 000 ". 50. Amendment of s. 152 . Section 152 of the Principal Act is amended by omitting the words " fifty pounds " and substituting the expression " $5 000 ". 51. Amendment of s. 153. Section 153 of the Principal Act is amended by omitting the words " or the Minister," and substituting the words " the Minister, the Harbours Corporation ". 52. Amendment of s. 157. Section 157 of the Principal Act is amended by- (a) in subsection (3), omitting from paragraph (a) the words " one hundred and fifty pounds " and substituting the expression " S5 000 "; (b) adding at the end of subsection (4) the following paragraph:- (c) Subject to this Act, any proceedings instituted by way of complaint (other than proceedings by a Harbour Board) may be instituted by the Director or by a person authorized in that behalf by the Minister or the Director. It is not necessary to prove the authority of the complainant to institute the proceedings.". 53. Amendment of s. 158. Section 158 of the Principal Act is amended by- (a) in subsection (1) adding after subparagraph (iii) the following expression and subparagraphs:- '4 (iv) A document purporting to be signed by the secretary of a Harbour Board and certifying that the amount of harbour dues, fees, rates, charges, expenses or other sums specified therein is payable under this Act by a specified person to that Harbour Board and has not been paid shall, upon its production in evidence, be evidence of the matters contained therein, and in the absence of evidence to the contrary shall be conclusive evidence of such matters; (v) Where recovery is sought of moneys due and owing in respect of a ship or other vessel- (a) a certificate purporting to be given pursuant to the provisions of the Merchant Shipping Act under the hand of a Registrar of British ships at any port or of a person authorized in that behalf by the Registrar that the particulars in the register of British ships kept by the Registrar under the provisions of the Merchant Shipping Act show that a person specified in the certificate was owner of the ship or vessel named in the certificate at a time specified in the certificate; and

422 Harbours Act Amendment Act 1976, No. 42 (b) a certificate purporting to be given pursuant to the provisions of the Queensland Marine Act 1958-1975 under the hand of the Secretary to The Marine Board that the particulars in the register of vessels kept by the Board under Part X of that Act show that a person specified in the certificate was owner of the ship or vessel named in the certificate at a time specified in the certificate, shall each be evidence and, in the absence of evidence to the contrary. conclusive evidence of the matters contained therein. (vi) A statement in the complaint whereby the proceedings are commenced that the land on which an act or omission is alleged to have occurred was at the material time vested in or held by a Harbour Board, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein ". (b) in subsection (4), (i) adding after provision (iii) of paragraph (a) the following words:- ,, (iv) Where the notice or other document is to be given to or served on the owner or master of a ship- (a) by serving it on any agent or master of the ship within the State by such means as it might have been given to or served on the owner or master, were he within the State; (b) by serving it personally on the master; or (c) if for any reason (which includes the absence of the master from the ship) it is not practicable to serve it on the master, by handing it to any person on board the ship who appears to be an officer of the ship "; (ii) adding at the end of paragraph (a), as amended, the following words:- Service on an agent of a ship shall be deemed to be service on the owner and the master of that ship.". 54. Repeal of and new s. 159. The Principal Act is amended by repealing section 159 and substituting the following section:- " 159. Injunction against continued contravention of by-laws. Where a person contravenes a provision of a by-law and such contravention is of a continuing nature, the Harbour Board or, as the case may be, the Harbours Corporation may apply to the Supreme Court for an injunction to restrain that person from continuing to contravene that by-law. The continued existence of any work or thing in a state contrary to a by-law shall be deemed to be a contravention of a continuing nature for the purposes of this section.". 55. New ss. 159A, 159B , 159C, 159D . The Principal Act is amended by inserting after section 159 the following sections:- " 159A. Power to enter vessels , land etc . by Harbour Board officials and Crown agents. (1) Any person authorized by a Harbour Board and all persons acting in aid of him may at any time enter upon any land, premises, structures, harbour works and trading vessels within the limits of or boarding the harbour

Harbours Act Amendment Act 1976, No. 42 423 for which the Board is constituted or upon harbour lands or industrial lands vested in or otherwise held by the Board and therein make such inquiry examination and inspection as he thinks fit concerning any matter that arises out of or touches the proper management, control or use of the harbour and take such step, as he thinks fit to secure compliance with the provisions of this Act. (2) Any person authorized by the Minister and all persons acting in aid of him may at any time enter upon any land, premises, structures, harbour works and trading vessels and therein make such inquiry, examination and inspection and take such steps as he thinks fit to secure compliance with this Act or to carry out the objects and purposes of this Act. 159B. Restriction on entry to dwelling -houses. The power of entry conferred by section 159A does not authorize entry to any dwelling-house or part used exclusively for residential purposes of any premises save by virtue of a search warrant or with the permission of the occupier of such dwelling-house or, as the case may be, part. In this section, a dwelling-house or part of premises used for residential purposes does not include the curtilage thereof. 159C. Issue of search warrant . A justice who is satisfied upon the complaint of any person referred to in section 159A that there is reasonable cause to believe that the proper management. control or use of a harbour, the enforcement of this Act or the attainment of the objects and purposes of this Act require that entry be made to any place may issue his warrant directed to the complainant to enter the place specified in the warrant for the purpose of exercising the powers conferred on the complainant by section 159A. A warrant shall be, for a period of one month from the date of its issue, sufficient authority for the person to whom it is directed and all persons acting in aid of him- (a) to enter the place specified in the warrant: and (b) to exercise therein the powers conferred on him by section 159A. 159D. Offence of resisting authorized person . (1) A person who is duly authorized under section 159A or 159c to enter any place and all persons acting in aid of him may use such force as is reasonably necessary to gain entry to that place. (2) A person who prevents or hinders a person duly authorized under section I 59A or I59c to enter any place from or in exercising his power of entry to that place or his doing any thing that he is authorized by section I59A to tlo commits an offence against this Act. Penalty: S1 000.". _56. Amendment of s. 162 . Section 162 of the Principal Act is amended by-- (a) in subsection (I), inserting after the word " Minister„ wherever it occurs the words ", the Harbours Corporation

424 Harbours Act Amendment Act 1976, No. 42 (b) in subsection (4), (i) inserting after the words " Harbour Board " wherever they occur the words " or the Harbours Corporation "; (ii) inserting after the words " such Board " wherever they occur the words " or the Harbours Corporation "; (c) in subsection (5), inserting after the words " Harbour Board " the words " or the Harbours Corporation "; (d)_ in subsection (6), inserting after the words " Harbour Board " the words " or the Harbours Corporation "; (e) in subsection (7), (i) inserting after the words " A Harbour Board " the words ", the Harbours Corporation "; (ii) inserting after the words " such Board wherever they occur the words ", Harbours Corporation "; (iii) inserting after the words " of a Harbour Board:" the words " or the Harbours Corporation ". 57. Amendment of s. 163. Section 163 of the Principal Act is amended by adding the following subsections:- " (4) Prescribe in relation to works to which section 86 (3) applies the procedures to be complied with by a constructing authority, within the meaning of that section;: before commencing such works and prescribe the'fees to be paid'by such constructing authority; (5) Prescribe standards of construction with respect to any thing permitted or required by this Act to be done. " (6) The regulations may adopt, wholly or 'in part and either by way of reference or by way of express specification therein, any of the standard- rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution, the Association of Australian Port and Marine Authorities or a like body identified in the regulations.". 58. Amendment of s. 171. Section 171 of the Principal Act is amended by omitting from subsection (1) the words " the Trust " and substituting the words " the Harbours Corporation ". 59. Amendment of s. 182. Section 182 of the Principal Act is amended by in subsection (1), (a) omitting the words " While the Harbours Trust continues to be constituted by the Minister, this " and substituting the word " This "; (b) omitting the words " the Trust " wherever they occur and substituting in each case the words " the Harbours Corporation ". 60. New Part X. The Principal Act is amended by adding after section 184 the following headings and sections- PART X-FUNCTIONS, AUTHORITIES, POWERS AND DUTIES OF THE HARBOURS CORPORATION OF QUEENSLAND DIVISION I-FUNCTIONS, AUTHORITIES, POWERS AND DUTIES 185. Where no Harbour Board , the Harbours Corporation to act as a Harbour Board . In relation to any harbour for which no Harbour Board is for the time being constituted, the Harbours

Harbours Act Amendment Act 1976, No. 42 425 Corporation shall have and may exercise and perform the functions, authorities, powers and duties conferred or imposed upon Harbour Boards by this Act as if the Harbours Corporation were the Harbour Board constituted for that harbour. 186. Works on behalf of Harbour Boards . (1) The Harbours Corporation may, on behalf of a Harbour Board, undertake the design, supervision and construction of harbour works and other matters incidental thereto upon the terms and conditions agreed upon by the Harbours Corporation and the Harbour Board. (2) The provisions of section 56 do not apply where the contract to be entered into is one to be made under this section. 187. Provision of small craft facilities . The Harbours Corporation may, at any place in Queensland, undertake the construction and maintenance of small craft facilities (including boat harbours, boat havens, wharves, boat ramps and moorings). Sections 139 and 140 shall apply in respect of small craft facilities constructed or provided under this section as that section applies in respect of a wharf or other harbour work referred to therein. 188. Coastal engineering and other services . The Harbours Corporation may undertake and provide such coastal engineering and other services as it thinks fit. Where such services are undertaken or provided for any person they shall be undertaken or provided upon the terms and conditions agreed upon by the Harbours Corporation and that person. In this section the expression " coastal engineering and other services "includes- (a) the finding, employment, supervision and use of labour; (b) the acquisition, provision and use of vessels, vehicles, aircraft, equipment for measuring tides, waves, wind, distance and the like, navigational aids and other equipment; (c) the undertaking of beach protection research and other research; (d) surveying, designing, constructing and supervising; (e) providing for maritime safety; (f) shark -meshing; (g) dredging. 189. Research by Harbours Corporation and others. The Harbours Corporation may itself undertake or contract for the undertaking by another person of such research as it considers is likely to be of assistance to it, a Harbour Board or a Local Authority in the discharge of a function, the exercise of a power or the performance of a duty or in carrying out the objects and purposes of this The Harbo urs'Corpo ration may permit any person to use its research facilities for any purpose whatsoever, upon such terms and conditions- as it thinks fit.

426 Harbours Act Amendment Act 1976, No. 42 190. General power to contract . The Harbours Corporation may contract with any person on such terms and conditions as it thinks fit for the discharge of any function, the exercise of any power or the performance of any duty had by it under this Act. 191. By whom contracts may be made . A contract made on behalf of the Harbours Corporation, if it is not made under the seal of the corporation, may be made by the Minister or the Director. 192. Judicial notice concerning Minister and Director. All courts, judges. justices and persons acting judicially shall take judicial notice of- (a) the appointment of the Director; and (b) the signature of the Minister or the Director appearing on a document made for the purposes of this Act. 193. Assignment of officers etc. to Harbours Corporation. (1) The Director may assign officers and employees of the Department of Harbours and Marine to perform such duties as are required for the exercise and performance of the functions, authorities, powers and duties of the Harbours Corporation under this Act or otherwise to carry out the objects and purposes of this Act. (2) A person who is required to perform duties on behalf of the Harbours Corporation pursuant to subsection (I) may perform those duties in conjunction with any other duties he is required to perform as an officer of the Public Service of Queensland. 194, Power to delegate . (1) The Harbours Corporation or the Director may either generally or otherwise as provided by the instrument of delegation, by writing signed by it or him, delegate to any officer of the Department of Harbours and Marine all or any of the functions, authorities, powers and duties had by it or him under this Act except this power of delegation. (2) A function, authority, power or duty so delegated. if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms and limitations as the Harbours Corporation or, as the case may be, the Director thinks fit including a requirement that the delegate shall report to it or him upon the exercise or performance of the delegated function, authority, power or duty. (4) The Harbours Corporation or the Director may make such and so many delegations of the same function. authority, power or duty and to such number of persons as it or he considers necessary or desirable. (5) A delegation is revocable at the will of the Harbours Corporation or. as the case may be, the Director and does not prevent the exercise of a power or authority or the performance of a function or duty by it or hinm.

Harbours Act Amendment Act 1976, No. 42 427 (6) Presumption of authority. Where an exercise or performance by an officer of the Department of Harbours and Marine of any function, authority, power or duty is alleged to have occurred under the authority of a delegation made pursuant to this section, such exercise or performance shall be presumed to be, a lawful exercise or, as the case may be, performance until the contrary is proved. 195. Power to grant or vest land. The Governor in Council may, by Order in Council, vest in or place under the management and control of the Harbours Corporation Crown Land and in like manner divest or remove such land from the management and control of the corporation. Land granted to, vested in or under the management and control of the Harbours Corporation shall he used for the purposes of the corporation under this Act. 196. Power to lease land and grant licences to occupy. (1) Without derogating from the powers conferred by section 64 on a Harbour Board or the Harbours Corporation as a Harbour Board the Harbours Corporation may, upon such terms and conditions as it thinks fit- (a) lease for any lawful purpose land vested in or held by it; or (b) authorize by licence or permit, the use and occupation, for any lawful purpose, of- (i) land vested in or held by it; (ii) Crown land placed under its management and control pursuant to section 195; (iii) part of a foreshore and of vacant Crown land contiguous thereto or of other tidal land or tidal water except where such foreshore, tidal land or tidal water is within a harbour for which a Harbour Board is constituted, notwithstanding that the land, foreshore. tidal land and tidal water is not within a harbour. (2) The provisions of section 64 (excluding subsections (I), (3) and (15)) in so far as the context permits apply in relation to leases, licences and permits granted under this section and for that purpose a"reference therein to a Harbour Board is deemed to be a reference to the Harbours Corporation. D[ViSION li-FINANCE 197. Power to borrow moneys. (1) For the purpose of discharging any function, performing any duty or exercising any power imposed or conferred on it by this Act or by or under any other Act the Harbours Corporation may borrow money- (a) from the Treasurer; (b) by the sale of debentures or inscribed stock; or (c) partly in one and partly in another of the ways specified in provisions (a) and (b).

428 Harbours Act Amendment Act 1976, No. 42 (2) Before entering into negotiations to borrow money by the sale, of debentures or inscribed stock the Harbours Corporation shall obtain the' sanction of the Treasurer to enter upon those negotiations and for that purpose shall furnish to the Treasurer such information as he requires. (3) The Harbours Corporation shall not borrow' money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council thereto, given by Order in Council, is first obtained. The Order in Council shall declare; the amount that may be borrowed, the purposes for which the, money is to be borrowed, the currency of the loan, the amount of interest payable'thereon. the terms and conditions for the redemption of the loan, whether by yearly,' half-yearly or quarterly payments or by payments into 'a sinking fund, and such other conditions as the Governor in Council thinks fit to impose. 198. Application of loan moneys . 'All moneys borrowed by the Harbours Corporation shall be' expended for the purposes for which the Harbours Corporation was authorized to borrow those moneys and not otherwise. If any moneys comprising a loan remain unexpended upon the completion of the purpose for which the moneys were borrowed, that amount shall be applied as the Treasurer directs. 199. Debentures , Inscribed Stock. (1) All debentures and inscribed stock issued under the authority of section 197- (a) shall, subject to this Act, be issued in such series or sold in such amounts or parcels at such times and places in or outside the State, and in such manner as the Harbours Corporation thinks fit; (b) shall bear interest at the rate and be redeemable at such date pr dates and at such place or places in or outside the State as provided for in the Order in Council referred to in subsection (3) of section 197; (c) may, in the case of debentures, with t$e consent of the holder or, in the case of inscribed stock, with the consent of the registered owner, be paid at any time previous to the due date thereof (at not more than the amount of the principal sum remaining unpaid at the time or with the consent of the Governor in Council at a premium) with interest thereon to the date of payment only. (2) Interest secured by debentures or inscribed stock shell be payable at such times and at such places in or outside the State as are prescribed in the Order in Council referred to in subsection (3) of section 197. (3) (a) All debentures issued under the authority of section 197- (i) shall be sealed with the seal of the Harbours Corporation and signed by the Director and, when so sealed and signed, shall be taken to have been duly issued;

Harbours Act Amendment Act 1976, No. 42 429 (ii) shall be numbered consecutively so that no two debentures in one and the same series shall bear at any time the same number; (iii) shall have set forth therein the places and dates at which the principal and interest are payable. -(b) A debenture issued by the Harbours Corporation under the authority of this Act may at the option of the lender have annexed to it for every payment to become due thereon (whether of principal or interest or principal and interest) a coupon and that debenture and coupon shall, unless the Governor in Council has otherwise prescribed in the Order in Council by which the loan concerned was authorized, be transferable by delivery, and payment to any person in possession of that debenture or coupon of the sum named therein shall discharge the Harbours Corporation from all liability with respect to that debenture or coupon. When a debenture or coupon is not transferable by delivery that fact shall be stated on it. (c) In . the case of a debenture issued by the Harbours Corporation under the authority of this Act with coupons, the holder of a coupon, whether it be separated from the debenture or not, shall be entitled to receive payment from the Harbours Corporation of the sum named therein upon presentation on or after the due date for payment at the place where the coupon is expressed to be made payable. (d) In the case of a debenture issued by the Harbours Corporation under the authority of this Act without coupons, the lender or, in the event of a transfer of the debenture, the transferee for the time being shall, subject to this paragraph be entitled to receive payments from the Harbours Corporation in respect of principal or interest or both in accordance with the terms and conditions of the debenture. A transferee with respect to whom the Harbours Corporation has not been given notice as prescribed shall not be entitled to receive and the Harbours Corporation shall not be liable to make to that transferee, any payment in respect of any debenture issued without coupons save under attachment by process of law, and then only to the extent of moneys due and payable to that transferee under the debenture, and unpaid by the Harbours Corporation to the lender or a prior transferee. The entitlement of a transferee with respect to whom the Harbours Corporation has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment that, having become due and payable under that debenture before the Harbours Corporation was given notice, was made by it to the lender or a prior transferee. In this paragraph the expression " notice as- prescribed " means a notice in writing signe by the transferor and transferee and verified to the satisfaction of the Harbours Corporation.

430 Harbours Act Amendment Act 1976, No. 42 (e) A lender of money to the Harbours Corporation may agree to accept a standard form. of debenture but shall not be bound so to do. (f) A person advancing money to the Harbours Corporation and receiving in consideration therefor debentures duly issued or the Corporation's certificate as to inscription of stock in his name shall not be bound to inquire whether the issue of those debentures or inscribed stock was in fact duly authorized or into the application of the money so advanced or he in any way responsible for the non-application or misapplication thereof. 200. Status of debenture as investment and a security. (1) Unless expressly forbidden by the instniment (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorized investment by the trustee pursuant to the provisions of section 21 of the Trusts Act1973 and that Act shall be read and construed accordingly. (2}' The Harbours Corporation or an officer, servant or agent thereof shall not receive, and shall be deemed to have not received notice of any trust express, implied or constructive with respect to any debentures or inscribed stock issued, under the authority of this Act and the Harbours Corporation or any such officer, servant or agent shall not be bound to see to the execution of any trust to which any debentures or inscribed-stock may be subject. 201. Brokerage . The Harbours Corporation may but only with the approval of the Treasurer and upon such terms and conditions as he thinks fit, pay moneys for brokerage with, respect to the making, procuring, negotiating or obtaining of any loan. Section 14 of the Honey Lenders Act 1916-1973 shall not apply or extend to brokerage that the Harbours Corporation is authorized by this section to-pay. 202. Recovery of moneys as debt. If the Harbours Corporation defaults in making a payment whether of principal or interest to the holder of any debenture or coupon issued by it or stock inscribed by it under the authority of this Act. the person to whom that payment should have been made may recover the amount thereof as a debt by action against the Harbours Corporation in any court of competent jurisdiction. 203. Advances by way of overdraft . The Harbours Corporation may for temporary financial accommodation obtain advances from any bank by way of overdraft on the general fund. The Harbours Corporation shall not during any financial year suffer the amount of its overdraft to exceed the amount for the time being prescribed.

Harbours Act Amendment Act 1976, No. 42 431 204. Harbours Corporation to be local body. The Harbours Corporation shall be a local body under and within the meaning of the Local Bodies ' Loans Guarantee Act 1923-1973 and the provisions of that Act shall, subject to such modifications as the Governor in Council prescribes (whether generally or in respect of a particular loan or advance ), apply and extend accordingly. 205. Regulations with respect to loans. The power conferred on the Governor in Council by section 163 to make regulations includes the power to make regulations with respect to the raising and repayment of loans, by the Harbours Corporation under the authority of this Act and without limiting the generality of that power- (a) providing for the establishment of a registry (at the office of the Harbours Corporation or at atty other place) for the inscription of stock created and issued and the keeping of stock ledgers. regulating the inscription in such stock ledgers of all stock issued and regulating the transfer or transmission of stock or of any shares therein, and restricting the amount of stock which may he transferred; (b) prescribing the form of and the manner of the issuing of debentures , providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and providing for lost or defaced debentures , coupons or stock and the destruction of discharged debentures , coupons or stock; (c) prescribing matters in connexion with the raising of loans outside the State; (d) providing for sinking funds and other methods for the repayment of moneys borrowed; and (e) prescribing any matters with respect to which fees are to be payable and the amounts of those fees. FUNDS AND ACCOUNTS OF HARBOURS CORPORATION 206. Funds and accounts of Harbours Corporation . (1) The Harbours Corporation shall keep as separate and distinct funds- (a) a loan fund; (b) a general fund; (c) such other funds as afe prescribed. (2) The Governor in Council may, by the regulations, prescribe one or more other funds to be established and kept by the Harbours Corporation and the purposes for which those funds are to be applied and may regulate the keeping and closure of such funds and the proper use of moneys forming such funds for the purposes for which the funds are established.

43Z Harbours Act Amendment Act 1976, No. 42 When required by the regulations to establish and keep a prescribed fund, the Harbours Corporation shall establish and keep established that fund and shall cause the moneys for the time being .forming each to. be applied to the purpose prescribed in respect of that fund. The funds prescribed by the regulations shall be separate and distinct and the manner of banking thereof shall be as prescribed. (3) There shall be paid into the loan fund all moneys paid to the Harbours Corporation by way of loan or subsidy for the purposes of this Act. The Harbours Corporation shall apply the moneys from time to time standing to the credit of the loan fund to expenditure necessarily incurred by it in carrying out the works or purposes for which.the loans were authorized or, as the case may be, the subsidies were paid.. (4) There shall be paid into the general fund all moneys paid to the Harbours Corporation other than moneys prescribed to be paid into the loan fund or any other prescribed fund. The Harbours Corporation shall apply the moneys from time to time standing to the credit of its general fund towards the costs properly incurred by it in- (a) -administering this Act; (b) `carrying this Act into effect; (c) providing any services or functions pursuant to this Act; (d) performing any contract entered into pursuant to this Act; (e) paying nioheys' required by the regulations to be paid from the -general fund: to a fund established and kept pursuant to the regulations; and (f) fulfilling any other prescribed purpose for which any other prescribed fund is not appropriated by this Act. 207. Investment of moneys . Moneys standing to the credit of any fund kept by the Harbours Corporation and not required for the time being for the purposes of this Act may be invested by the Treasurer in such investments and upon such terms and conditions as the Treasurer and the Harbours Corporation agree. 208. Accounts . (1) The Harbours Corporation shall accurately keep such accounts books and records of its receipts and disbursements as are prescribed or, so far as they are not prescribed, as the Auditor-General from time to time requires. (2) At least once in each year the Auditor-General or a person authorized by him in that behalf shall audit the accounts of the Harbours Corporation and the Auditor-General shall have with respect to the audit and accounts all the powers and authorities conferred upon him by the Audit Act 1874-1968. The Auditor-General shall report on the audit to the Minister.

Harbours Act Amendment Act 1976, No. 42 433 DlvlstoN III-MISCELLANEOUS 209. Regulations . The power conferred by section 163 to make regulations includes power to make regulations for the purpose of this Part. 210. Other powers of Harbours Corporation not affected. Save where the contrary is expressly provided, the provisions of this Part are in addition to and not in derogation of the functions, powers and duties conferred or imposed on the Harbours Corporation by other provisions of this Act or by any other Act.". 61. Words " Harbours Corporation " substituted for the words Harbours Trust ". The Principal Act (as amended by this Act) is amended by omitting the words " Harbours Trust " wherever they occur and substituting in each case the words " Harbours Corporation ".