Harbours Act Amendment Act 1978 (Qld)

713 Qllrntslan^ ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 81 of 1978 An Act to amend the Harbours Act 1955-1976 in certain particulars [ASSENTED TO 15TH DECEMBER, 1978] 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 1978. (2) In this Act the Harbours Act 1955-1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Harbours Act 1955-1978. 2. Amendment of s. 8 . Section 8 of the Principal Act is amended in subsection (1) by- (a) inserting after the definition "" Foreshores " or " Tidal lands the following definition:- Fund "-The Harbours Corporation Fund kept pursuant to section 206A "; (b) inserting in the definition "" Harbour works " " after the words " or dam " the words " or any small craft facility (including a boat harbour, a boat haven, a wharf, a boat ramp and a mooring) ".

714 Harbours Act Amendment Act 1978, No. 81 3. Amendment of s. 27. Section 27 of the Principal Act is amended by omitting from subparagraph (a) of paragraph (xiii) of subsection (1) the form of ballot-paper and substituting the following form of ballot-paper:-- A Gummed Edge B -------------------------------------------------------------------------- ----------------------------------------- --------- Perforation NOTE.-This ballot-paper must be posted to the returning officer at [ place of election ] so as to reach him before twelve o'clock noon on the day of 19 [day of election and count]. HOW TO VOTE Mark your vote by placing the figure 1 in the square opposite the name of the candidate for whom you vote (or, if more than one member is to be elected , the figures 1, 2 and so on up to and including the number respectively in the squares opposite the names of the candidates for whom you vote). -(Initials of Returning Officer). Fold the Paper here o o! U u BROWN, JOHN u GREEN , CHARLES u SMITH , ALFRED u WILLIAMS, GEORGE Perforation ---------- -------------------------- ----------- ------------------------------------------------------ A Gummed Edge B --------------------------------------------------------------------------------------------------------------------------------------------- Perforation THE [Name ] HARBOUR BOARD I* of am a member of the [Name of Local Authority ] included in the group of Local Authorities compris- ing [set out the names of the Local Authorities which comprises the group ] the members whereof are entitled to elect one member (or members ) of the above Harbour Board at the election of members thereof which is to take place on the day of 19 ------------------------------------ Signature of Voter. * Christian name and surname in full.

Harbours Act Amendment Act 1978, No. 81 715 4. Amendment of s. 62A. Section 62A of the Principal Act is amended by inserting after subsection (6) the following subsection:- " (7) This section applies and, it is hereby declared, always did apply on and from the commencement of The Harbours Acts Amendment Act of 1959 to Crown land reserved and set apart for any public purpose and placed under the control of a Harbour Board as trustee pursuant to The Land Act of 1962.". 5. Amendment of s. 64 . Section 64 of the Principal Act is amended by in subsection (1)- (a) omitting from paragraph (b) all words from and including the words " the purpose of " to and including the words " other works " and substituting the words " any purpose "; (b) omitting from paragraph (c) all words from and including the words " the purpose of " to and including the word " description " and substituting the words " any purpose ". 6. Amendment of s. 70. Section 70 of the Principal Act is amended by- (a) omitting from the second subparagraph of paragraph (a) of subsection (3) the word " Chairman " and the words " 24 hours " and substituting the words " chairman or the secretary " and the words " the period specified in the notice " respectively; (b) in paragraph (b) of subsection (3)- (i) omitting the words " such period of twenty-four hours " and substituting the words " the period specified in the notice "; (ii) inserting after the words " the chairman " where thrice occurring the words " or the secretary " in each case; (c) inserting in subsection (4) after the words " the chairman " the words " or the secretary ". 7. Amendment of s. 75. Section 75 of the Principal Act is amended by- (a) omitting paragraph (b) of subsection (2) and substituting the following paragraph:- (b) For the purpose of removal, the Board- (i) may destroy the vessel, aircraft or other thing or any part thereof; (ii) may remove and take possession of the vessel, aircraft or other thing or any part thereof and may sell the same. The proceeds of the sale of the vessel, aircraft or other thing or any part thereof shall be applied as follows:- (i) firstly, in payment of the expenses of the removal and of the sale; (ii) secondly, in payment of all harbour dues and other charges due to the Harbour Board in respect of such vessel, aircraft or other thing; (iii) thirdly, in payment of the balance of the proceeds to the owner or agent of the owner or, if no owner or agent can be ascertained into the Harbour Fund of the Harbour Board. Moneys paid to the Harbour Fund of a Harbour Board pursuant to paragraph (iii) shall be the property of the Board.";

716 Harbours Act Amendment Act 1978, No. 81 (b) inserting after subsection (2) as amended the following subsection :- " (2A) (a) Where a Harbour Board determines to sell pursuant to paragraph (b) (ii) of subsection (2), a vessel, aircraft or other thing or any part thereof, it shall cause to be given to the owner thereof notice in writing that the vessel, aircraft or other thing or any part thereof shall be offered for sale at or after a time stated in the notice (being not less than one month after the date of the giving of the notice) and at the place stated in the notice. The notice shall, if practicable, be served upon the owner personally but if, in the opinion of the Harbour Board, it is not practicable to be so served or if the owner cannot be ascertained, it may be given by public advertisement in a newspaper circulating in the locality of the harbour from which the vessel, aircraft or other thing or part thereof has been or is to be removed. (b) At any time before a Harbour Board sells a vessel, aircraft or other thing or any part thereof referred to in a notice or advertisement referred to in paragraph (a) the owner, upon payment of- (i) all expenses incurred by the Harbour Board in connexion with the removal thereof and the service or advertisement of any notice served or advertised by the Harbour Board in relation to the intended sale thereof; and (ii) all harbour dues and other charges due to the Harbour Board in respect of such vessel, aircraft or other thing, may obtain possession thereof.". 8. Amendment of s. 75A. Section 75A of the Principal Act is amended by omitting from subsection (1) all words from and including the word " Where " to and including the words " or management " and substituting the following words:- Where on land situated above high water mark which land is- (a) vested in or held by a Harbour Board or under its control or management; or (b) Crown land reserved and set apart for any public purpose and placed under the control of a Harbour Board as trustee pursuant to The Land Act of 1962, there is ". 9. Amendment of s. 75B . Section 75B of the Principal Act is amended in subsection (1) by inserting in the definition " Harbour Board land " after the words " a Harbour Board " the words " and includes Crown land reserved and set apart for any public purpose and placed under the control of a Harbour Board as trustee pursuant to The Land Act of 1962 ". 10. Amendment of s. 76A. Section 76A of the Principal Act is amended by inserting in the first paragraph after the words " otherwise held " the words " or under the control of which such lands are placed ". 11. Amendment of s. 92 . Section 92 of the Principal Act is amended in subsection (2) by- (a) in the first paragraph- (s) inserting after the words " given by " the word " an "; (ii) omitting the words " once in each week for four consecutive weeks ";

Harbours Act Amendment Act 1978, No. 81 717 (b) omitting from provision (c) of the second paragraph the word first". 12. Amendment of s. 93. Section 93 of the Principal Act is amended in subparagraph (iii) by inserting after the words " fees payable by " the words " applicants and by ". 13. Amendment of s. 98 . Section 98 of the Principal Act is amended in subsection (2) by- (a) omitting from subparagraph (xiv) the words " those Acts " and substituting the words " that Act "; (b) inserting in subparagraph (xxi) after the words " property of " the words " or under the control of "; (c) inserting in subparagraph (xxii) after the words " property of " the words " or under the control of "; (d) inserting after subparagraph (xxii) as amended the following expression and subparagraph:- (xxiii) Provide that the owner of a vehicle shall be liable for the offence consisting of bringing, parking or standing a vehicle onto or on premises or land vested in or held by the Board or under its control or management in breach of the Board's by-laws, whether he was or was not in charge of the vehicle at the material time; and for that purpose- (a) Define who shall be taken to be the owner of a vehicle for the purposes of the by-laws; (b) Prescribe the proof necessary or sufficient to establish the owner's identity; (c) Prescribe for the recovery of a penalty for an offence against the by-laws from the owner of the vehicle concerned as well as from the person in charge of the vehicle at the material time ". 14. 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 . By-laws of the Harbours Corporation shall be made only in the manner and subject to the conditions following:- (i) The Harbours Corporation shall deposit in a public office of the Department of Harbours and Marine in Brisbane approved for that purpose generally or in a particular case by the Director and where the proposed by-law relates to a harbour for which a Harbour Master is appointed under the Queensland Marine Act 1958-1975 also at the public office of that Harbour Master and thereafter keep open for inspection thereat a copy of the proposed by-law until after the expiration of the date specified, in accordance with subparagraph (b) of paragraph (ii), in the notice published as prescribed by that paragraph.

718 Harbours Act Amendment Act 1978, No. 81 (ii) After the copy of the proposed by-law has been deposited in accordance with paragraph (i) the Harbours Corporation shall by advertisement publish a notice at least once in a newspaper generally circulating in the locality to which the proposed by-law relates giving notice- (a) of the general purport of the proposed by-law; (b) that a copy of the proposed by-law has been deposited in the public office of the Department of Harbours and Marine referred to in paragraph (i) and, if applicable, in the public office of the Harbour Master and is open to the inspection of any person at that office or, as the case may be, those offices up to and including a date specified in the notice being a date that is not earlier than 21 days after the date of publication of the notice in a newspaper or, where the notice is to be published more than once, after the date of the first publication thereof; (c) that a copy of the proposed by-law may be procured from the Harbours Corporation or, if applicable, the Harbour Master on or before the date specified in the notice in accordance with subparagraph (b) upon payment of such sum as the Harbours Corporation may fix but not exceeding the cost of printing or otherwise reproducing the copy which sum shall be specified in the notice; and (d) that objections to the making of the proposed by-law may be lodged with the Director on or before the date specified in the notice in accordance with subparagraph (b), and that such objection shall be in writing, be addressed to the Director and set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (iii) A copy of the notice published in accordance with the requirements of paragraph (ii) shall be posted for the information of the public in a prominent position in the public office of the Department of Harbours and Marine in Brisbane approved for that purpose, generally or in a particular case, by the Director and, if applicable in the public office of the Harbour Master from the date when the notice is first published in the newspaper until the date specified in the notice in accordance with subparagraph (b) of paragraph (ii). (iv) The copy of the proposed by-law deposited in accordance with the requirements of paragraph (i) shall be open to the inspection of any person without charge at the public office of the Department of Harbours and Marine referred to in paragraph (iii) and, if applicable, the public office of the Harbour Master up to and including the date specified in the notice in accordance with the requirements of subparagraph (b) of paragraph (ii) at all times during which the public offices are usually open for the conduct of business.

Harbours Act Amendment Act 1978, No. 81 719 (v) Any person may at any time before the expiration of the day of the date specified in the notice published in accordance with the requirements of paragraph (ii) on or before which a copy of the proposed by-law may be procured, request the Harbours Corporation or, as the case may be, the Harbour Master to furnish him with a copy of the proposed by-law on payment of the sum specified in the notice and the Harbours Corporation or, as the case may be, the Harbour Master shall cause the copy so requested by any person to be sent by post to that person forthwith on the receipt of the request by the Harbours Corporation or, as the case may be, the Harbour Master except where the request is made personally by or on behalf of the person so requesting and a copy of the proposed by-law has been, then and there, delivered to that person or, as the case may be, to the person making the request on his behalf. (vi) Any person may object to the making of a proposed by-law provided such objection is made and lodged with the Director in accordance in all respects with the provisions of subparagraph (d) of paragraph (ii), and the Harbours Corporation shall consider every objection so made and lodged. (vii) After the Harbours Corporation has, pursuant to paragraph (vi), considered every objection to the making of a proposed by-law and proposes to proceed with steps for its implementation, the Corporation shall submit the proposed by-law for the approval of the Governor in Council. (viii) When a proposed by-law is submitted for the approval of the Governor in Council it shall have attached thereto under the seal of the Harbours Corporation a certificate by the Director that the requirements of this subsection have been complied with in respect of the proposed by-law and shall be accompanied by- (a) a copy of each notice published in accordance with paragraph (ii) with the name of the newspaper and the date of publication endorsed thereon; (b) all objections to the making of the proposed by-law duly made and lodged with the Director; and (c) the representations by the Harbour Corporation in respect of all such objections. (ix) The Governor in Council shall consider every proposed by-law so submitted and all objections and representations accompanying such by-law and may reject the by-law, or may approve of the by-law wholly or in part. The power of the Governor in Council to approve a by-law in part includes power to make all such amendments of the by-law as the Governor in Council, having regard to the by-law and to the objections and representations which accompanied the by-law, thinks fit.".

720 Harbours Act Amendment Act 1978, No. 81 15. Amendment of s. 102 . Section 102 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) By-laws made by Harbour Boards. By -laws of a Harbour Board (other than the Harbours Corporation) shall be made only in the manner and subject to the conditions following:- (i) Every resolution making a by-law shall be passed at a special meeting of the Harbour Board called for that purpose. (ii) After the passing of a resolution making a by-law, the Harbour Board shall deposit in the public office of the Harbour Board and thereafter keep open for inspection thereat a copy of the by-law until after the expiration of the date specified, in accordance with subparagraph (b) of paragraph (iii), in the notice published as prescribed by that paragraph. (iii) After the copy of the by-law has been deposited in the public office of the Harbour Board in accordance with paragraph (ii), the Harbour Board shall by advertisement publish a notice at least once in a newspaper generally circulating in the Harbour Board District, or, in the case of the Port of Brisbane Authority constituted under the Port of Brisbane Authority Act1976, in the City of Brisbane giving notice- (a) of the general purport of the by-law; (b) that a copy of the by-law has been deposited in the public office of the Harbour Board and is open to the inspection of any person at that office up to and including a date specified in the notice being a date that is not earlier than 21 days after the date of the publication of the notice in a newspaper or, where the notice is so published more than once, after the date of the first publication thereof; (c) that a copy of the by-law may be procured from the Harbour Board on or before the date specified in the notice in accordance with subparagraph (b) upon payment of such sum as the Harbour Board may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy which sum shall be specified in the notice; and (d) that objections to the making of the by-law may be lodged with the secretary on or before the date specified in the notice in accordance with subparagraph (b), and that any such objection shall be in writing, be addressed to the secretary and set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. •(iv) A copy of the notice published in accordance with the requirements of paragraph (iii) shall be posted for the information of the public in a prominent position in the public office of the Harbour Board from the date when the notice is first published in the newspaper until the date specified in the notice in accordance with subparagraph (b) of the paragraph (iii).

Harbours Act Amendment Act 1978, No. 81 721 (v) The copy of the by-law deposited in accordance with the requirements of paragraph (ii) shall be open to the inspection of any person without charge at the public office of the Harbour Board up to and including the date specified in the notice in accordance with the requirements of subparagraph (b) of paragraph (iii) at all times during which the public office is usually open for the conduct of business. (vi) Any person may at any time before the expiration of the day of the date specified in the notice published in accordance with the requirements of paragraph (iii) on or before which a copy of the by-law may be procured, request the Harbour Board to furnish him with a copy of the by-law on payment of the sum specified in the notice and the Harbour Board shall cause the copy so requested by any person to be sent by post to that person forthwith on the receipt of the request by the Harbour Board except where the request is made personally by or on behalf of the person so requesting and a copy of the by-law has been, then and there, delivered to that person or, as the case may be, to the person making the request on his behalf. (vii) Any person may object to the making of a by-law provided such objection is made and lodged with the secretary in accordance in all respects with the provisions of subparagraph (d) of paragraph (iii), and the Harbour Board shall consider every objection so made and lodged. (viii) After the Harbour Board has, pursuant to paragraph (vii) considered every objection to the making of a by-law and resolves to proceed with steps for its implementation it shall submit the by-law for the approval of the Governor in Council. (ix) When a by-law is submitted for the approval of the Governor in Council it shall have attached thereto under the seal of the Harbour Board a certificate by the chairman and the secretary that the requirements of this subsection have been complied with in respect of the by-law and shall be accompanied by- (a) a copy of each notice published in accordance with paragraph (iii) with the name of the newspaper and the date of publication endorsed thereon; (b) all objections to the making of the by-law duly made and lodged with the secretary; and (c) the representations by the Harbour Board in respect of all such objections. (x) The Governor in Council shall consider every by-law so submitted and all objections and representations accompanying such by-laws and may reject the by-law, or may approve of the by-law wholly or in part.

722 Harbours Act Amendment Act 1978, No. 81 The power of the Governor in Council to approve a by-law in part includes power to make all such amendments of the by-law as the Governor in Council, having regard to the by-law and to the objections and representations which accompanied the by-law, thinks fit.". 16. Amendment of s. 111 . Section 111 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections :- " (1) Advance by way of overdraft . A Harbour Board may obtain financial accommodation by way of advance from any bank by way of overdraft on its Harbour Fund. (1A) A Harbour Board shall not, during any financial year, suffer the amount of its overdraft on its Harbour Fund to exceed- (a) the amount of revenue of the Harbour Board during the last financial year, which revenue could, under this Act, be paid to the credit of its Harbour Fund; or (b) an amount for the time being fixed by the Governor in Council by Order in Council, whichever amount is the less. (1B) The power conferred on a Harbour Board by subsection (1) does not extend to a Board obtaining financial accommodation by way of overdraft unless at or before the time when the bank approves of such accommodation it is agreed between the bank and the Board that such accommodation shall cease to be available to the Board if at any time the account with the bank relating to the Harbour Fund of the Board is in debit for a continuous period of 12 months. (lc) Subject to compliance with subsection (lA) and with the Minister's approval first had and obtained a Harbour Board may obtain financial accommodation by way of advance from any bank by way of overdraft on its Harbour Fund in such amount and for such period as the Minister approves. If at any time the Minister is satisfied that a Harbour Board requires financial accommodation such as is referred to in this subsection for a period longer than the period approved by him, he may approve that such period be extended as he thinks fit whereupon the Board shall be empowered to continue to obtain such financial assistance for the period as so extended.". 17. Amendment of s. 114 . (1) Section 114 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) Without limiting the power to make regulations conferred by section 163, regulations may be made under that section providing for all or any matters or things relating to the receipts and disbursements of a Harbour Board, including but without limit to the generality thereof:- (a) The banking of moneys received by or on behalf of the Harbour Board, and the authentication by the bank of deposits made therein by or on behalf of or to the credit of the Harbour Board;

Harbours Act Amendment Act 1978, No. 81 723 (b) Providing for the keeping of an Advance Bank Account by a Harbour Board for prescribed disbursements by the Board. (c) Providing requirements for disbursements by a Harbour Board, including the certification of vouchers and the signing of cheques.". (2) The provisions of subsection (3) of section 114 of the Principal Act shall continue to apply until regulations made pursuant to subsection (3) inserted by subsection (1) of this section come into force whereupon such provisions shall cease to apply. 18. Repeal of s. 135. The Principal Act is amended by repealing section 135. 19. Amendment of s. 163. Section 163 of the Principal Act is amended by- (a) omitting from subsection (4) the word " Prescribe " where it first occurs and substituting the words " Regulations may prescribe "; (b) omitting from subsection (5) the word " Prescribe " and substituting the words " Regulations may prescribe ". 20. Amendment of s. 183A. Section 183A of the Principal Act is amended by inserting at the end thereof the following subsection:- " (9) Nothing in this section shall, and it is hereby declared ever did, prevent the provision of facilities for loading sugar in bulk or additional or extended facilities under the authority of the provisions of this Part other than this section.". 21. Amendment of s. 206 . Section 206 of the Principal Act is amended in subsection (2) by- (a) omitting from the third paragraph the words " and the manner of banking thereof shall be as prescribed "; (b) adding at the end thereof the following paragraph:- " The loan fund, the general fund and the funds prescribed by the regulations shall, except where otherwise provided by regulation, form divisions of the Harbours Corporation Fund kept in the Treasury pursuant to section 206A, and the manner of banking of moneys received in respect of such funds shall be as prescribed.". 22. New s. 206A. The Principal Act is amended by inserting after section 206 as amended the following section:- " 206A. Harbours Corporation Fund . (1) The Fund which immediately prior to the commencement of the Harbours Act Amendment Act 1978 was kept in the Treasury under the name of " The Harbours Corporation Fund " shall continue to be kept in the Treasury for the purposes of this Act under that name and the loan fund, the general fund and any funds prescribed by the regulations at that date shall form part of that Fund and the moneys held by such funds shall be held in that Fund.

724 Harbours Act Amendment Act 1978, No. 81 (2) To the credit of the Fund shall be placed all moneys received or recovered by the Harbours Corporation under this Act or any other Act. (3) The moneys to the credit of the Fund shall be applied towards the payment of all expenses necessarily incurred by the Harbours Corporation in the exercise and performance of its functions, authorities, powers and duties under this Act or any other Act.". 23. Amendment of s. 207. Section 207 of the Principal Act is amended by omitting the words " any fund kept by the Harbours Corporation and substituting the words " the Fund ".