Harbours Act of 1955 (4 Eliz Ii No. 40) (Qld)

FISHERIES—HARBOURS. 4 E liz . II. No. 40, 1955. Harbours Act. had originated under and shall be subject to those Acts, and is hereby sanctioned and confirmed, but without prejudicing the power to repeal, rescind, revoke, cancel, surrender, alter, vary, amend, or otherwise modify the same, as the case may be, under those Acts. (2.) Every reserve under or for the purposes of the Principal Act and existing immediately prior to the commencement of this Act shall continue under and subject to *“ The Fish and Oyster Acts , 1914 to 1955,” for the purposes for which it was created, declared, or set apart. HARBOURS. An Act to Consolidate and Amend Certain Acts 43g“jf* Eelating to Harbours; and for other purposes. TACT^PJ19WK [A ssented to 2 nd D ecember , 1955.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I. —P reliminary . P art I.— P reliminary . 1. (1.) This Act may be cited as “ The Harbours Short title. Act of 1955.” f(2.) Except as herein otherwise provided, this Act ^°“1“ence' shall come into operation on a date to be fixed by the ' Governor in Council by Proclamation published in the Gazette. 2. This Act, including every Proclamation, Order Severability, in Council, regulation, and by-law hereunder, shall be^^'afu. read and construed so as not to exceed the legislative ’ power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, regulation, or by-law hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. * 5 G. 5 No. 23 and amending Acts. f Commenced 1 Jan. 1956 (Proc. pubd. Gaz. 17 Dec. 1955, p. 1925).

4# P art I.— P reliminary . HARBOURS. Harbours Act . 4 E liz . II. No. 40, Parts of this Act. 3. This Act is divided into Parts as follows :— P art I.—P reliminary ( ss . 1-8); P art II.—H arbours and H arbour B oards ; Division I.—Powers of the Governor in Council (ss. 9-10); . Division II.—The Harbours Trust (ss. 11-14); Division III.—Harbour Boards (ss. 15-36); Division IV.—Proceedings of Harbour Boards (ss. 37-48); Division V.—Officers and Employees (ss. 49-53); P art III.—P owers and \D uties of H arbour B oards ( ss . 54-76); - \ P art IV.—F oreshores , R eclamation ^, H arbour W orks on T idal L ands ( ss . 77-97); P art V.—B y -L aws ( ss . 98-104); P art VI.—F inance ; Division I.—Funds and Budgets (ss. 105-106); Division II.—Borrowing (ss. 107-113); Division III.—Accounts and Audit (ss. 114-118); P art VII.—H arbour D ues ( ss . 119-136); P art VIII.—M iscellaneous ( ss . 137-168); P art IX.—F acilities for L oading S ugar in B ulk ( ss . 169-184); S chedules . [The following abbreviations are used in the marginal notes to this Act :— Q.H.B. Act (1892)—“ The Harbour Boards Act, 1892.” Q.H.D. Act (1892)—“ The Harbour Dues Act of 1892.” Q.H.D. Act (1893 )—“The Harbour Dues Act of 1893.” Q.H.D. Act (1895)—“ The Harbour Dues Act of 1895.” Q.H.B. Act (1900)—“ The Harbour Boards Act, 1892, Amendment Act, 1900.” Q.H.B. Act (1906)—“ The Harbour Boards Acts Amendment Act of 1906.” Q.H.D. Act (1906)—“ The Harbour Dues Acts Amendment Act of 1906.” Q.H.B. Act (1941)—“ The Harbour Boards Acts Amendment Act o/1941.” Q.L. Act—“ The Land Acts, 1910 to 1955.” N.Z. Act—“ Harbours Act, 1950 ” (New Zealand). S.A. Act—“ Harbours Act, 1936 ” (South Australia).]

1955. HARBOURS. Harbours Act. 41 P are I*—r P reliminary * 4 The Acts specified in the First Schedule to this Repeals Mid Act (herein referred to as “the repealed Acts”) are^ret88' repealed to the extent in that Schedule indicated : Schedule). Provided that, but without limiting the operation of *“ The Acts Interpretation Act of 1954,”— (i.) Until reconstituted as prescribed by this Act, the corporation sole constituted and incorporated under and for the purposes of the repealed Acts under the name and style of “ The Corporation of the Treasurer of Queensland ” shall continue in existence as, and shall under the same name be, a corporation sole under and for thepurposes of this Act and the repeal of the repealed Acts shall not affect the continuity or identity of that corporation; . (ii.)— (а) For the purposes of this Act, the several Harbour Boards constituted and incorporated under the repealed Acts and existing immediately prior to the commencement of this Act shall continue in existence as, and shall under the same names be, the Harbour Boards for the harbours for which they were respectively constituted and incorporated, and each and every one of them shall be deemed to have been constituted under and shall be subject to this Act; (б) The repeal of the repealed Acts shall not affect the continuity or identity of any of the Harbour Boards to which this paragraph (ii.) applies ; (c) The limits of the harbours for which the Harbour Boards as aforesaid were respectively constituted, (and the limits of every other harbour defined under or for the purposes of .the repealed Acts), as well as the limits of the Harbour Board Districts constituted for - the election of the elective members of the Harbour Boards respectively, shall be deemed to have been defined under and for the purposes of and shall be subject to this Act; * 3 Eliz. 2 No. 3.

42 P art I.— ' ret . tminary . HARBOURS. Harbours Act. ' 4 E liz . II. No. 40, (d) The persons constituting, immediately prior to the commencement of this Act, the respective Harbour Boards to which this paragraph (ii.) applies shall (subject in every case of those persons and of the Boards to this Act) continue to constitute those Harbour Boards respectively until, in each and every case, the Harbour Board has been first constituted afresh under this Act in the year one thousand nine hundred and fifty- eight by election or appointment or partly in one way and partly by the other of the whole number of its members ; (e) Every person who, immediately prior to the commencement of this Act, holds office as chairman or as deputy chairman of a Harbour Board as aforesaid shall, subject to this Act, continue to hold that office on that Board : Provided further that in applying the provisions of this Act relating to the annual election of members of a Harbour Board to be respectively the chairman and deputy chairman thereof, the tenure of office of holders of those offices who are continued in office by this subparagraph shall be counted as from the date of election or appointment thereto under the repealed Acts; (/) All lands vested by or under the repealed Acts or any other Act in any Harbour Board as aforesaid and remaining so vested immediately prior to the commencement of this Act shall continue to remain vested, subject to this Act, in that Harbour Board, and all lands (including lands reserved or set apart and placed under the control and management of the Board) and all other property, including moneys, held howsoever by any Harbour Board as aforesaid under the repealed Acts or any other Act and remaining so held immediately prior to the commencement of this Act shall be retained and applied by that Board under and subject to this Act;

1955. HARBOURS. Harbours Act. 43 PART I.— P reliminary . (g) In addition to and not in substitution for or diminution of any of the powers conferred by this Act on Harbour Boards, The Mackay Harbour Board shall continue to have and may exercise under and for the purposes of this Act the powers conferred upon that Board by section 23 a of *“ The Mackay Harbour Board Act, 1896,” and for this purpose the provisions of that section 23 a shall continue as if the repealed Acts had not been _ repealed; (iii.) The repeal of the repealed Acts shall not affect the continuity of the office or employment of any officer or employee of The Corporation of the Treasurer of Queensland or of any Harbour Board hereinbefore mentioned in this proviso, but every person who immediately prior to the commencement of this Act is such an officer or employee shall thereafter continue in his office or employment under and subject to this Act; i (iv.) All debentures, bonds, or securities whatsoever issued or made under the repealed Acts in respect of any , moneys borrowed thereunder and outstanding immediately prior to the commencement of this Act ' shall, so far as concerns the holder or owner thereof and his rights and remedies, be deemed to have been respectively issued or made under this Act; (v.) All works, matters, and things commenced under the repealed Acts and in progress immediately prior to the commencement of this Act may be continued and completed under this Act; | (vi.) All works authorised or directed to be made or , constructed by or under the repealed Acts and not | commenced immediately prior to the commencement of i this Act, shall be deemed to be authorised or directed to I be made or constructed by or under this Act and shall | be made and constructed in accordance with this Act; \ (vii.) The repeal of the repealed Acts shall not | affect any rights or obligations of, or render defective any legal proceedings by or against, The Corporation of the Treasurer of Queensland or any Harbour Board • hereinbefore mentioned in this proviso, and any legal proceedings that might have been commenced or continued immediately prior to the commencement of this Act by or against that Corporation or any such , * 60 V. No. 28. '

44* P art I.— PIWMMINARY. HARBOURS. Harbours Act. 4 E liz . II. No. 40, Harbour Board as constituted under the repealed Acts may be commenced or continued by or against it as constituted under and for the purposes of this Act; (viii.) All lands vested in The Corporation of the Treasurer of Queensland and remaining so vested immediately prior to the commencement of this Act shall continue to remain vested, subject to this Act, in the said Corporation, and all lands (including lands reserved or set apart and placed under the control and management of the said Corporation) and all other property, including moneys, held howsoever under the repealed Acts or any other Act by the said Corporation and remaining so held immediately prior to the commencement of this Act shall be retained and applied by the said Corporation under and subject to this Act; (ix.) Unless otherwise expressly provided, every Proclamation, Order in Council, regulation, by-law, lease, license, appointment, permission, approval, grant, consent, sanction, order, notice, agreement, contract, arrangement, determination, and other act of authority made, granted, given, issued, done, or otherwise originated, or continued, under the repealed Acts and subsisting immediately prior to the commencement of this Act shall, subject as hereinafter provided and so far as is consistent with this Act, continue for the purposes of this Act in force as fully and effectually as if it had originated under the corresponding provisions of this Act (and shall, where necessary, be deemed to have so originated, but in the case of a lease referred to in subsection two of section seven of *“ The Harbour Boards Acts Amendment Act of 1951,” subject to that subsection which shall continue in force and apply for the purposes hereof) until it expires by effluxion of time or is repealed, revoked, cancelled, or suspended under this Act: Provided further that every such Proclamation, Order in Council, regulation, by-law, lease, license, appointment, permission, approval, grant, consent, sanction, order, notice, agreement, contract, arrangement, determination, and other act of authority shall be read and construed subject to this Act; (x.) Until otherwise provided pursuant to this Act, all dues, charges, and other moneys due or payable or leviable under or pursuant to the repealed Acts to or by * 15 G. 6 No. 17. i

1955. HARBOURS. Harbours Act. 45 P art I.— P reliminary . The Corporation of the Treasurer of Queensland or to or by any Harbour Board hereinbefore mentioned in this proviso shall continue to be due or payable to or leviable by the said Corporation or that Harbour Board in all respects as if the same were due or payable or leviable under and pursuant to the corresponding provisions of this Act: Provided further that any amount accrued due immediately prior to the commencement of this Act of any such dues, charges, or other moneys and then unpaid, shall be recoverable and may be recovered as if the repealed Acts had not been repealed ; (xi.) All books and documents made evidence under the repealed Acts shall continue evidence to the same extent as if this Act had not been passed ; (xii.) Every Voters Roll used or compiled for the purposes of the triennial elections of Harbour Boards held under the repealed Acts in the year one thousand nine hundred and fifty-five shall continue, subject to this Act, for the purposes hereof until supplanted by fresh Voters Rolls hereunder ; (xiii.) All penalties and forfeitures imposed under any provision of the repealed Acts and incurred at the repeal thereof shall be enforceable and may be enforced as if the repealed Acts had not been repealed ; (xiv.) All actions and proceedings under the repealed Acts commenced or pending when those Acts are repealed may be carried on and prosecuted as if such repeal had not been made and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act. 5 Unless otherwise expressly provided, nothing Saving of in this Act shall in any way derogate from or otherwise coethrtearinActs. affect any of the provisions of— Q.H.B. Act (i.) *“ The Navigation Acts, 1876 to 1950 ” ; (1892), s. 3. (ii.) f“ The Criminal Code ” ; (iii.) $“ The Explosives Act of 1952 ” ; (iv.) §“ The Brisbane River Tidal Lands Improvement Act of 1927 ” ; or* * * § * 41 V. No. 3 and amending Acts. t 63 V. No. 9. t 1 Eliz. 2 No. 34. § 18 G. 5 No. 20.

46 P art I.— P reliminary . HARBOURS. Harbours Act. 4 E liz . II. No. 40, (v.) *“ The City of Brisbane (Flood Mitigation Works Approval) Act of 1952,” and, without limiting the foregoing, nothing in this Act shall prejudice or otherwise interfere with the power of officials under f“ The Navigation Acts, 1876 to 1950,” to regulate and control the traffic and navigation of, and the berthing of vessels in, any harbour, or with any other of the powers conferred by those lastmentioned Acts on those officials. Saving 6. (1.) Save as otherwise expressly provided, independent nothing in this Act shall be deemed to take away, of this Act. supersede, or abridge any jurisdiction, right, power, ( 189 i)5, slC 4 ,or remedy existing independently of this Act for 5. ’ ’ the abatement of, or the imposition of punishment for, any nuisance affecting the sea or any harbour or tidal water or tidal lands, or affecting navigation, or affecting any right belonging to or enjoyed by the public over tidal water or tidal lands. (2.) The provisions of this Act respecting anything mentioned in subsection one of this section shall be deemed to be in addition to, and not in substitution for or in restraint of, any other enactment, regulation, jurisdiction, right, power, or remedy for the like object; and all such enactments, regulations, jurisdictions, rights, powers, and remedies shall remain operative and be, as far as may be, as if this Act had not been passed, but so nevertheless that nothing herein shall be deemed to authorise that any person be sued or prosecuted twice in respect of the same matter. Act not to 7. Nothing in this Act shall be construed or allowed apfrfeercotgative to affect any right or prerogative of the Crown. of the Crown. Q.H.B. Act (1892), s. 6. Meaning of 8. (1.) In this Act, unless the context otherwise qjlb . Act indicates or requires, the following terms shall have the (1892), s. 7 . meanings respectively assigned to them, that is to say— Ballast. “ Ballast ”—Includes any material or thing used for the ballasting of any vessels ; Boat. “ Boat ”—Every description of vessel used in navigation not being a ship as defined in this subsection; * 1 Eliz. 2 No. 29. f 41 V. No. 3 and amending Acts.

1955. HARBOURS. Harbours Act. 47 P art I.— PRELIMINARY. “ Buoys ” and “ beacons ”—Includes, in addition Buoys and to buoys and beacons, all other marks andbeaoons- signs in aid of navigation ; “Chairman”—In relation to a Harbour Board,Chairman, includes, when necessary, the person who for the time being is lawfully acting as chairman; “ Construct ”—In relation to any harbour works Construct, or other works, appliances, and things includes any one or more of the following, as may be appropriate—construct, erect, make, lay down, provide, place, undertake, carry out, execute, alter, and extend ; and, without derogating from the aforegoing, a power to construct any harbour works or other works, appliances, and things shall, unless the context otherwise indicates or requires, include a power to acquire, whether by purchase or otherwise, the same ; “ Elective member ”—In relation to a Harbour Elective Board, a person who pursuant to this Act q becomes a member of the Harbour Board (1892), s. 13 . either upon election by electors or upon election' by members of a Local Authority or Local Authorities: The term includes a person who pursuant to paragraph (b) of subsection two of section twenty-nine or to section thirty-two of this Act is appointed by the Governor in Council to be a member of the Harbour Board ; “ Elector ”—In relation to any Harbour Board, Eleotor- a person named as such in an electoral roll compiled pursuant to *“ The Elections Acts , 1915 to 1952,” and enrolled on a Voters Roll relating to the Harbour Board District or, as the case may be, part of the Harbour Board District constituted by or under this Act for the election of the elective members of the Harbour Board; “ Foreshores ” or “ Tidal lands ”—Such parts of ^©shores ; the bed, shore, or banks, of the sea or of any 1 a an ' harbour (including any tidal navigable river) as are ordinarily covered and uncovered by the flow and ebb of the tide at spring tides; * 6 G. 5 No. 13.

48 PART I.— P reliminary . Goods- Harbour; ° ‘ Harbour Board/ . Harbour due8‘ HARBOURS. Harbours Act. 4 E liz . II. No. 40, “ Goods ”—Includes all wares and merchandise and all chattels, livestock, and other articles of whatsoever description; “ Harbour ” or “Port”—Includes any harbour or port properly so called, whether natural or artificial, and any haven, estuary, navigable river, channel, lake, or dock, wharf, or other work in or at which vessels do or can obtain shelter, or ship or unship goods or passengers, and any harbour the limits of which are for the time being defined under, or by this Act deemed to have been defined under, and for the purposes of this Act; and, when used in any provision relating to the functions, authorities, powers, or duties of a Harbour Board, extends to and includes the limits within which those functions, authorities, or powers may, or, as the case may be, those duties shall, be exercised: The term also includes the tidal waters and foreshores of any harbour: Provided that where the Governor in Council declares any place not to be a harbour for all or any of the provisions of this Act (the Governor in Council being hereby empowered to make by Orders in Council published in the Gazette such declarations in relation to any place for which Harbour Boards other than the Harbours Trust are not constituted), then in such of the provisions of this Act to which a declaration as aforesaid applies the term does not include the place the subject of that declaration ; “ Harbour Board ” or “ Board ”—A Harbour Board constituted or deemed to be constituted under this Act: The term includes the Harbours Trust so far as relates to any place where the functions, authorities, powers, and duties of a Harbour Board may be exercised and shall be performed by the Harbours Trust; “ Harbour dues ”—Includes any dues, rates, fees, tolls, taxes, or charges in the nature of harbour dues by or under this Act leviable or chargeable by or payable to a Harbour Board;

1955. HARBOURS. Harbours Act. 49 P art i .— P reliminary . “ Harbour light ”—Any light erected in aid °f ,?^Jx>ur navigation within or near any harbour, 18 ' including all fog signal apparatus, lightships, or other fixed or floating lights erected, moored, anchored, or placed otherwise howsoever for that purpose ; “Harbours Trust” or “Trust”—“ The ^gbtours Corporation of the Treasurer of Queensland ” Trust.’ continued by this Act, and, when that corporation is reconstituted under this Act as a body corporate under the name and style of “ The Queensland Harbours Trust ”, then “ The Queensland Harbours Trust ” ; “ Harbour works ”—Includes generally any works for the improvement, protection, management,wor ' maintenance, or utilization of a harbour, whether above or below or partly above and partly below high water mark or low water mark; and in particular but without limiting the general import of the term, includes any basin, graving dock, slip, dock, dock-yard, wharf, bridge, viaduct, breakwater, training wall, embankment, or dam, or any reclamation of land from the sea or from the waters of any harbour (including any navigable river), or any excavation, deepening, dredging, or widening of any channel, basin, or other part whatsoever of any harbour (including any navigable river), and also includes any buildings and other works whatsoever used or to be used in connection with any harbour works; “ High- water mark ”—Ordinary high water mark High water at spring tides ; mark' “ Land ”—Includes land covered by water ; Land. “ Local Authority ”—A Local Authority Local constituted under *“ The Local Government Authorit-y- Acts, 1936 to 1954 ” : The term includes any Joint Local Authority, Brisbane City Council constituted under f“ The City of Brisbane Acts, 1924 to 1954 ” and any corporation constituted under any Act where, pursuant to any Act, that corporation is a Local Authority; * 1 G. 6 No. 1 and amending Acts, t 15 G. 5 No. 32 and amending Acts.

50 P art I.— P reliminary . Low water mark. Maintain. Master. Minister. Navigable river ; Tidal navigable river. Non-elective member. Q.H.B. Act (1892), s. 13. Owner. HARBOURS. Harbours Act. 4 E liz . II. No. 40, “ Low water mark ”—Ordinary low water mark at spring tides ; “ Maintain ”—In relation to any harbour works or other works, includes maintain, repair, and protect; “ Master ”—In relation to any vessel, any person (except a pilot) having command or charge for the time being of that vessel; “ Minister ”—The Treasurer or other Minister of the Crown for the time being charged with the administration of this Act; “ Navigable river ”—Includes any river, creek, or stream communicating with the sea (and all tributaries thereof) as far up the same as the spring tide ordinarily flows and reflows, and also any river, creek, or stream communicating with the sea (and all tributaries thereof) as far as it is or they are capable, whether in the natural state or otherwise, of navigation by such vessels as are ordinarily employed, whether on the river, creek, or stream or elsewhere, for the purpose of conveying any goods; and “ tidal navigable river ” means navigable river as far up the same as the spring tide ordinarily flows and reflows but no further ; “ Non-elective member ”—In relation to a Harbour Board, a person who pursuant to this Act becomes a member of the Harbour Board on appointment by the Governor in Council, but does not include a person who pursuant to paragraph (6) of subsection two of section twenty-nine or to section thirty-two of this Act is appointed by the Governor in Council to be a member of the Harbour Boa rd ; “ Owner ”—Includes any person who is owner jointly or in common with any other person, and also includes a corporate body; and when used in relation to goods, includes any consignor, consignee, shipper, or agent for the sale or custody, or importing or exporting, or loading or unloading of the goods as well as the owner thereof;

1955. HARBOURS. Harbours Act. 51 P am I.— P reliminary . “ Part ”—Part of this Act: Where necessary, Part- the term includes all Proclamations, Orders in Council, regulations, and by-laws, if any, made or deemed to be made under this Act for the purposes of the Part in question ; “ Person ”—Includes a body corporate ; Person. “ Pilot ”—In relation to any vessel, any person Pi,ot- not belonging to the vessel, who for the time being has the conduct thereof; “Place”—Includes harbour and part of aPlace- harbour; “ Secretary ”—In relation to a Harbour Board, Secretary, includes, when necessary, the person who for the time being is lawfully acting as secretary of the Board; “ Ship ”—Every description of vessel, (whether ship, used in navigation, or in any way kept or used as a hulk or storeship, or for any other purpose), not propelled exclusively by oars ; “ The sea ”—Includes bays, arms, or inlets of the The sea. sea ; “ Tackle ”—In relation to any vessel or aircraft, Tackle, includes all furniture and apparel thereof; “ This Act ”—Includes Proclamations, Orders in This Act. Council, regulations, and by-laws continued in force by or made under this Act for the purposes hereof; ’ “ Tidal water ”—Any part of the sea or of any Tidal water, harbour (including any tidal navigable river) ordinarily within the ebb and flow of the tide at spring tides ; “Treasurer”—The Treasurer of Queensland or Treasurer, other Minister of the Crown performing for the time being the duties of the Treasurer ; “ Vessel ’’—Includes every ship, boat, and every Vessel, other description of vessel used or designed for use for any purpose on the sea or in navigation : Without limiting the generality of the aforegoing, the term includes any dinghy, lighter, barge, punt, hulk, raft, pontoon, or like vessel; “ Voters Roll ”—Voters Roll for the time being Voters r 0 u . used or compiled under and for the purposes of this Act;

52 P art I.— P reliminary . HARBOURS. Harbours Act. 4 E liz . II. No. 40, Warehouse. Wharf; wharf land. Works. “ Warehouse ”—Includes all warehouses, buildings, and premises in which goods landed from or to be carried in vessels may be lawfully placed; “ Wharf ”—Includes any wharf, quay, pier, jetty, landing place or stage or platform, or premises, whether of a like description or not, at, in, on, or from which passengers or goods or both may be taken on board of or landed from any vessels: The term also includes, where necessary, all buildings, railways, tramways, and other works on the wharf, and the appurtenances of the wharf, and the approaches thereto ; and “ wharf land ” means land pertaining to any wharf (including land to lay goods on that are brought to or from the water, land on which a wharf is constructed, and land comprising the approaches to a wharf) whether above or below or partly above and partly below high water mark or low water mark ; “ Works ”—Includes buildings, structures, and appliances ; Year; Financial year. Q.H.B. Act (1892), s. 167 ( 1 ). “ Year ” or “ Financial year ”—The period of time from and including the first day of July in any calendar year to and including the thirtieth day of June in the next succeeding ' calendar year. (2.) Every reference in this Act to a failure to do any act or thing includes a reference to a refusal or neglect to do that act or thing. (3.) For the purposes of this Act, land lying below the line of low water mark shall be deemed to lie under the sea or harbour or tidal navigable river, as the case may be. P art II.— H arbours and H arbour B oards . Division I .— P art II.—H arbours and H arbour B oards . Powers of the Governor in Division I.—Powers of the Governor in Council. Council. Power of 9. (1.) For the purposes of this Act and without Governor in limiting any other powers conferred upon him by this dCeofuinnecil to Act, the Governor in Council may from time to time, by harbours and Order in Council published in the Gazette, do all or any Htoacrobnosutritute of the following— Boards, &c. (i.) Define the limits of any harbour; Q.H.B. Act (1892), s. 8. (ii.) Alter the limits of any harbour;

HARBOURS. 1955. Harbours Act. (iii.) Assign a name to any harbour (iv.) Alter the name of any harbour; 53 P X a A r A t i I X I i« .— ------ H arbours and H arbour B oards . Division I .— Powers of the Governor in Council . (v.) Constitute for any harbour a Harbour Board and assign a name to that Board ; (vi.) Alter the name assigned to any Harbour Board; (vii.) Prescribe the total number of members by whom any Harbour Board is to be constituted and the numbers of elective members and non-elective members respectively comprising that total membership; (viii.) Alter, either by increasing or by decreasing, the whole number of members, or the number of members of any class of members, of any Harbour Board, or both ; (ix.) Appoint the members of any Harbour Board who are to be or may at any time be appointed by him; (x.) Constitute for the election of the elective members of any Harbour Board a Harbour Board District and define the limits of that Harbour Board District; (xi.) Divide or re-divide any Harbour Board District into its component parts and define the limits of every such part; (xii.) Alter the limits of any Harbour Board District or of any part of a Harbour Board District; (xiii.) Distribute or redistribute all or any of the elective members of any Harbour Board among all or any of the various parts of the Harbour Board District, and for that purpose assign to each such part the subject of the distribution or redistribution one or more elective members; (xiv.) Prescribe the manner of election of the elective member or members assigned to any part of the Harbour Board District (which manner may be either upon election by the electors of that part or upon election by the members of a Local Authority or Local Authorities, who represent for the purposes

54 P art II.— H arbours and H arbour B oards . HARBOURS. Harbours Act . 4 E liz . II. No. 40, Powers of the 0ocou%tiim of *“ The Local Government Acts, 1936 to 1954,” the whole or any portion of that part of the Harbour Board District). (2.) The power to make an Order in Council under subsection one of this section shall include power to make (with respect to all or any of the matters specified in subsection one of this section) such one or more Orders in Council, either at the same time or from time to time, as the Governor in Council shall deem necessary or expedient in the circumstances. (3.) The Governor in Council may by Order in Council published in the Gazette revoke any Order in Council made by him under this section, but every such revocation shall be without prejudice to the validity of anything done under the revoked Order in Council before the revocation thereof or to the making of any fresh Order in Council with respect to all or any of the subject matters of the revoked Order in Council. Savings upon 10. (1.) No alteration made pursuant to subsection harbours one of section nine of this Act in relation to any Harbour constitution Board, Harbour Board District, or harbour of Harbour shall prejudice or otherwise affect any rights or q ° hb S Act Powers acquired, had, or exercised, or any obligations ( 1892 ),'s. 9 . incurred, by the Harbour Board, and, where the limits of a harbour are altered, the functions, authorities, powers, and duties of the Board in respect of the harbour shall extend to the limits of the harbour as altered. (2.) In no case shall the continuity or identity or any rights or obligations of a Harbour Board, or any rights or remedies of holders or owners of debentures, bonds, or securities whatsoever in relation to it, or any legal proceedings by or against it be in any way affected by any alteration in the name assigned to it or in the number, representation, or qualifications of its members, or by any reconstitution pursuant to this Act, and, upon any such change in name or reconstitution, any rights or remedies or legal proceedings that might have been commenced or continued or exercised or taken by or against it immediately beforehand may be commenced or continued or exercised or taken by or against it under its changed name or as so reconstituted, and all lands vested in and all lands (including lands reserved or set apart and placed under the control and management * 1 G. 6 No. 1 and amending Acts.

1955. HARBOURS. Harbours Act. 55 P art IX.— H arbours and H arbour B oards . of the Board) and all other property, including moneys, held howsoever by it under this Act or any other Act immediately beforehand shall continue vested and held by it under its changed name or as so reconstituted. comua. (3.) The alteration of the limits of any Harbour Board District or of any part thereof shall not in itself have any operation so as to affect the then existing membership of the Harbour Board. Division II.—The Harbours Trust. Division II .— The Harbours Trust. 11. • Until the date fixed under se _ c _ t _ io _ n __ twelve _ o __ fP H a 1 w ® this Act, for the purposes of this Act the Minister shall o° theratl°n continue to be the corporation sole constituted for the Treasurer of purposes of the repealed Acts under the name and q . h . b . Act style of “The Corporation of the Treasurer of (1892>>s-9A- Queensland ” and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in his corporate name, and, subject to this Act, of 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. 12. (1.) Upon a day to be fixed by the Governor Recon- in Council by Proclamation published in the Gazette ( i whic j) h \ day is in this section referred to as the “ appointed o in f Ihe name Clay ) Corporation (i.) The corporation sole referred to in section of eleven of this Act under the name and style Queens- of “ The Corporation of the Treasurer ofAct Queensland” shall be and be deemed to be ( 1892 ), s. 9 b . reconstituted as a body corporate and shall consist of five members who shall be appointed in accordance with this section ; and (ii.) The name and style of the said corporation as so reconstituted shall be and be deemed to be changed to “ The Queensland Harbours Trust ”. (2.) On and from the appointed day every reference in this and in every other Act, including in every Proclamation, Order in Council, regulation, by-law, and other instrument hereunder or thereunder, and in every document or writing whatsoever to the corporation referred to in section eleven of this Act shall, where the context so admits and unless the contrary intention

56 HARBOURS. PART II.— H arbours and H arbour B oards . Harbours Act . 4 E liz . II. No. 40, DTihviesHioanrIboIu .— rs appears, be read as a reference to that corporation as Trust. reconstituted and renamed by and pursuant to this section. (3.) Neither the reconstitution nor the change in the name and style of the said corporation as made upon the appointed day under and pursuant to this section shall affect the continuity or the identity of, or any rights or obligations of, the said corporation, or any rights or remedies of holders or owners of debentures, bonds, or securities whatsoever in relation to it, or render defective any legal proceedings by or against the said corporation, and any rights or remedies or legal proceedings that might have been commenced or continued or exercised or taken immediately beforehand by or against the said corporation as constituted by the Minister may be commenced or continued or exercised or taken by or against it under its changed name and style and as reconstituted pursuant to this section, and all lands vested in and all lands (including lands reserved or set apart and placed under the control and management of the said corporation as constituted by the Minister) and all other property, including moneys, held by the said corporation as constituted by the Minister shall continue vested and held by it under its changed name and style and as so reconstituted. (4.) (a) The Governor in Council shall, before the appointed day, appoint the five persons by whom the said corporation is to be reconstituted upon the appointed day. (b) Successive appointments of persons to be members of the said corporation as reconstituted as aforesaid shall be made by the Governor in Council when and so often as is necessary by reason of the expiration of the term of office of all or any of the members thereof or the happening of any casual vacancy in the office of a member thereof. (c) Every such appointment shall be made by Order in Council published in the Gazette and the member thereunto designated by the Governor in Council in the Order in Council appointing him or by any other Order in Council shall be the chairman of the said corporation as reconstituted as aforesaid. The Governor in Council may by Order in Council published in the Gazette designate a member, other than the chairman, to be the deputy chairman of the said corporation as reconstituted as aforesaid.

1955. HARBOURS. Harbours Act. 57 P art II.— H arbours and H arbour B oards . (d) Unless that office becomes pursuant to this Act The Harbours sooner vacant, every member (including the chairman and, if so appointed, the deputy chairman) shall hold his respective office on and from the date of his appointment and until the expiration of the term for which he is appointed, and every member as aforesaid shall, subject to this Act, be eligible for re-appointment. (e) Successive appointments of persons to be chairman or deputy chairman of the said corporation as reconstituted as aforesaid may be made when and so often as is necessary by reason of the expiration of the term of office or the happening of any casual vacancy in the office of the chairman or deputy chairman, as the case may be. (/) In making the first or any successive appointment of the full number of the members, two of the appointees shall be persons well versed respectively in matters relating to shipping and to the industries of this State. In filling a casual vacancy in the office of either of those two members, the appointee shall be a person with the like qualification to that had by his predecessor in office. (g) A person holding office under the Crown in right of this State may be appointed to the office of a member of the corporation as reconstituted as aforesaid and may hold in conjunction both of those offices. (5.) Without limiting the power to make regulations Regulations conferred by section one hundred and sixty-three of this ^a^oura1 fco Act, regulations may be made under that section Trust, prescribing the acts, matters, and things which render the office of a member (including the chairman and deputy chairman) of the corporation as reconstituted as aforesaid vacant, whether by disqualification, surrender, or otherwise ; prescribing the times and places of meetings of the corporation as reconstituted as aforesaid ; providing for the procedure, voting, order of business, quorum, and other matters connected with meetings of the corporation as reconstituted as aforesaid ; providing for deputies for members or for a specified member or members of the corporation as reconstituted as aforesaid, and the powers and duties of such a deputy ; and providing for payment to members or to a specified member or members

58 HARBOURS. P art II.— H arbours and H arbour B oards . Harbours Act. 4 E liz . II. No. 40, Division IT .— TheTrmtom °* corporation as reconstituted as aforesaid either by way of remuneration, or allowances for expenses, or both : Provided that, at any time when regulations are not in force prescribing— (i.) The time and place of the first meeting of the corporation as reconstituted under this section or of the first meeting thereof after the second or any successive appointment of all of the members thereof, the Minister may fix that time and place; (ii.) Times and places of other meetings of the corporation as reconstituted under this section, or procedure, voting, order of business, and other matters connected with meetings of the corporation, the corporation may determine the same ; (iii.) The quorum at meetings of the corporation as reconstituted under this section, the Minister may determine the quorum. Decent (6.) For the purposes of *“ The Public Service Acts, Queensland 1922 to 1955,” and the regulations thereunder, the Trust0”8 corporation named and styled The Queensland 1118' Harbours Trust (but not including any member thereofas such) and such of its officers as are appointed under those Acts, whether before, on, or after the appointed day, shall constitute a Department of the Public Service within the meaning of such Acts under the name of the “ Department of The Queensland Harbours Trust,” and the chairman for the time being of that corporation shall, notwithstanding that he may not hold office under those Acts, be the permanent head of that Department unless and until another person is defined by the regulations under those Acts to be that permanent head. All officers who, being appointed under *“ The Public Service Acts, 1922 to 1955,” are, immediately prior to the appointed day, officers of The Corporation of the Treasurer of Queensland, shall, on the appointed day, become without further appointment or other authority, officers of The Queensland Harbours Trust. * 13 G. 5 No. 31 and amending Acts.

1955 . HARBOURS. Harbours Act . 59 P art II.— H arbours and H arbour B oards . (7.) The Queensland Harbours Trust by that name The Harbours shall have perpetual succession and an official seal, and The ' shall be capable in law of suing and being sued in its Queensland corporate name and, subject to this Act, of acquiring, Savours holding, and disposing of land and other property, and have of doing and suffering all such other acts, matters, and perpetual things as bodies corporate may by law do and suffer. &c. ’ 13. (1.) The corporation known before itsGeneral reconstitution pursuant to section twelve of this Act as of Harbours “ The Corporation of the Treasurer of Queensland ” and Trust, &c. to be known after its reconstitution as “ The Queensland Harbours Trust ” (which corporation whether before or after such reconstitution is referred to in this Act as the “ Harbours Trust ” or “ Trust ”) shall have such functions, authorities, powers, and duties as are conferred or imposed upon it by this Act. (2.) All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Harbours Trust affixed to any document whatsoever, and shall presume that it was duly affixed. (3.) (a) The Harbours Trust, with the prior approval in all cases of the Minister, from time to time may, in relation to any matter or class of matters, or in relation to any place, by instrument in writing under its seal, delegate, subject to such limitations (if any) according to time, place, purposes, circumstances, or otherwise as it may specify in that instrument, all or any of its functions, authorities, powers, obligations, and duties under this Act (other than this power of delegation) so that such of its functions, authorities, powers, obligations, and duties as are so delegated may, subject to the limitations (if any) so specified, be exercised, or as the case may be, shall be performed by a delegate with respect to the matters or class of matters or in relation to the place specified in the instrument of delegation. (b) Where, by or under this Act, the exercise of a function, authority, or power or the performance of an obligation or a duty of the Harbours Trust is dependent upon the opinion, belief, or state of mind of the Trust in relation to any matter, that function, authority, or power may be exercised or the obligation or duty performed, upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this subsection.

60 P art n.— H arbours and H arbour B oards . HARBOURS. Harbours Act. 4 E liz . II. No. 40, The Harbours (c) The Harbours Trust may at its will, and shall if rm' and when so directed by the Minister, revoke a delegation made by it under this subsection. (d) No such delegation shall prevent the exercise of any function, authority, or power, or the performance of any obligation or duty by the Harbours Trust. (e) The Harbours Trust, with the prior approval in all cases of the Minister, may make such and so many delegations under this subsection and to such number of persons, as it may consider necessary or desirable. where no 14. In relation to harbours for which there is Boards11 no Harbour Board constituted by or under this Act, the Harbours Harbours Trust shall have all the functions, authorities, have* powers Powers> and duties by this Act conferred or imposed conferred on upon Harbour Boards in relation to the harbours for Boards^ which they are constituted respectively, and may q . h . b . Act exercise and shall perform them in accordance with this ( 1892 ), s. io . Act, and in so applying the provisions of this Act, the Harbours Trust shall, unless the context otherwise indicates or requires, be deemed to be the Harbour Board constituted for such firstmentioned harbours. Moreover in relation to the sea or any tidal water or foreshore outside the limits of any harbour the Harbours Trust shall have such functions, authorities, powers, and duties as are conferred or imposed upon it by this Act: Provided that the foregoing provisions of this section shall be subject to the following limitations, that is to say :— (i.) Unless and until otherwise determined by the Governor in Council by Order in Council published in the Gazette , it shall be obligatory on the Harbours Trust when reconstituted pursuant to section twelve of this Act to continue to exercise and perform the functions, authorities, powers, and duties by this Act conferred and imposed upon Harbour Boards, in relation to any harbour or other place in Queensland in respect whereof the Harbours Trust was exercising and performing the same immediately prior to its reconstitution;

1955 . HARBOURS. Harbours Act. 61 P art II.— H arbours and H arbour B oards . (ii.) If and when the Governor in Council makes a TheHarbours determination as mentioned in subparagraph (i.) of this proviso, the Harbours Trust as so reconstituted shall not exercise and perform any of the functions, authorities, powers, and duties by this Act conferred and imposed upon Harbour Boards in relation to any harbour which the Governor in Council may specify in that behalf by Order in Council published in the Gazette (the Governor in Council being hereby authorised to specify from time to time after making a determination as aforesaid such harbours as he may consider necessary or desirable in the circumstances to so specify). Division III.—Harbour Boards. Division III .—■ 15. The provisions of this Division and of Divisions of IV. and V. of this Part shall not apply to the Harbours iv., and v., Trust. not to apply to Harbours Trust. 16. (1.) Without derogating from the provisions Existing of section four of this Act, for the purposes of this Act all Boards^ Harbour Boards existing immediately prior to the commencement of this Act and mentioned by their respective names in the first column of the Second (s®0®?** Schedule to this Act shall, subject to this Act, continue S° 6 e' to exist and, in each case, retain its name and common seal. (2.) Unless and until altered pursuant to section nine of this Act, for the purposes of this Act— (i.) The name and limits of the harbour for which each of those existing Boards is constituted shall be as set forth, opposite the name of the Board, in the second column of that Schedule; (ii.) The limits of the Harbour Board District constituted for the election of the elective members of each of those existing Boards shall be as set forth, opposite the name of the Board, in the third column of that Schedule ; and

62 P art II.— H arbours and H arbour B oards . ' Division III .— Harbour Boards. HARBOURS. Harbours Act. 4 E liz . II. No. 40, (iii.) The numbers of elective and non-elective members respectively of each such Board and, in the case of the elective members, the manner of distribution and election of each and every one of those members shall be as set forth, opposite the name of the Board, in the fourth column of that Schedule. (3.) Every reference in every other Act (including every Proclamation, Order in Council, regulation, by-law, and other instrument thereunder) and in every document or writing whatsoever to any such Harbour Board constituted for the purposes of the repealed Acts, shall, where the context so admits and unless the contrary intention appears, be read as a reference to such Harbour Board as continued under and subject to this Act. Constitution 17. Whenever it is deemed expedient to constitute Boards.our a Harbour Board for the purpose of exercising and Q.H.B. Act performing in relation to any harbour the functions, ' ’ 8‘12' authorities, powers, and duties conferred and imposed by this Act upon Harbour Boards, the following things shall be done pursuant to section nine of this Act—The limits of that harbour defined, the Board and the Harbour Board District constituted, the numbers of elective members and of non-elective members of the Board prescribed, the elective members distributed in relation to the Harbour Board District, and the manner of election in each and every case of those elective members prescribed. Moreover the Governor in Council may by Order in Council published in the Gazette make all such provisions for and in relation to the first election of the elective members as he deems necessary to give effect to this Act, and all such provisions so made shall be observed in every respect notwithstanding anything to the contrary contained in this Act. incor- 18. (1.) Every Harbour Board shall be a body Harbour °f corporate and shall by its name have perpetual Boards, &c. succession and a common seal, and shall be capable in $’s 92 ^,’sfil. law °f suing and being sued in its corporate name, and, ’ subject to this Act, of 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.

1955 . HARBOURS. Harbours Act. 63 P art IL— H arbours and H arbour B oards . (2.) All courts, judges, and persons acting judicially shall take judicial notice of the seal of a Harbour Board affixed to any document whatsoever, and shall presume that it was duly affixed. Harbour Boards- (3.) Every Harbour Board shall have such functions, authorities, powers, and duties as are conferred or imposed upon it by this Act. 19. (1.) Subject to this Act, every Harbour Board of shall consist of such numbers of elective and non-elective Boards! members as are for the time being prescribed for the Act constitution thereof. (1892)... .3, (2.) Subject to this Act, every elective member shall be elected, according to the manner of distribution and election of the member as prescribed in that behalf, so as to represent some part of the Harbour Board District as constituted for the Harbour Board. (3.) Every non-elective member shall be appointed by the Governor in Council by Order in Council published in the Gazette. 20. If, by reason of any alteration in the number of Further members or of any class of members of a Harbour Board, ai°TrationP°n or of any alteration in the limits of, or in the made in limits of any part of, a Harbour Board District, Harbour*0 or any re-distribution of the elective members of a Board Harbour Board among the several parts of the Harbour &Jftnets’ Board District, pursuant to section nine of this Act— (i.) Any part of the Harbour Board District is not represented on the Harbour Board and a representative or representatives for that part requires or require to be elected to membership of the Board ; or (ii.) An additional representative or additional representatives for any part of the Harbour Board District requires or require to be elected to membership of the Board ; or (iii.) The number of elective members of the Board exceeds the number fixed for the time being for that class of members on the Board and any elective member or elective members remain not assigned to any part of the Harbour Board District; or

64 PART II.— H arbours and H arbour B oards . Division III .— Harbour Boards. HARBOURS. Harbours Act. 4 E liz . II. No. 40, (iv.) A reduction is made in the number of representatives to which a part of the Harbour Board District is entitled and more than the number of representatives remain representing that part, then—> (a) In the case where subparagraph (i.) or subparagraph (ii.) applies, the Governor in Council may by Order in Council published in the Gazette fix the date of the first election of the representative or representatives or additional representative or representatives, as the case may be, of that part of the Harbour Board District, and make all such other provisions as he deems necessary for that election, and all such provisions so fixed and made shall be observed in every respect notwithstanding anything to the contrary contained in this Act; (b) In a case where subparagraph (iii.) applies, the elective member or elective members who remain not so assigned shall retire from office on a day appointed in that behalf by the Governor in Council by Order in Council published in the Gazette ; and (c) In a case where subparagraph (iv.) applies, a sufficient number of those representatives shall retire from office on the day appointed in that behalf by the Governor in Council by Order in Council published in the Gazette, so that the representation of that part of the Harbour Board District may conform to the number required to represent such part. The representatives so to retire from office shall, in default of agreement, within the time allowed by the Governor in Council by Order in Council published in the Gazette in that behalf, among all the representatives of the part of the Harbour Board District in question, be determined before the date appointed as aforesaid for retirement by lot as determined by the Governor in Council by Order in Council published in the Gazette.

HARBOURS. 65, 1955 , Harbours Act. PART II.— H arbours and H arbour B oards . Term of Office of Members of Harbour Boards. Division III .— Harbour Boards. 21. (1.) Subject to this Act, every elective member Term of and every non-elective member of a Harbour Board Act shall hold office as member for a period of three years, (1892),’ sb . 29 but shall be eligible for re-election or re-appointment. 3lB- (2.) The office of a member of a Harbour Board, Q-H3. Aet^ whether an elective member or a non-elective member, m. ' B’ shall— (i.) Commence on the day of his election or appointment thereto; and (ii.) Subject to this Act, become vacant as soon as the Harbour Board in every third year has been constituted afresh by election or appointment or partly in one way and partly by the other of the whole number of its members. (3.) Whenever at the first or any triennial election Q. h . b . Act under this Act of the elective members of a Harbour j^92*’ 8‘ 29 Board a poll has become unnecessary in respect of any candidate, and the Returning Officer has duly declared him to be elected, he shall not be entitled to act as member of that Board until the Harbour Board has been constituted afresh by election or appointment or partly in one way and partly by the other of the whole number of its members. (4.) Subject to this Act, any person shall be eligible be to be re-elected or re-appointed to the office of chairman reflected or oJtrSoaorfcLde r put J y chairman or as a member of a Harbour ^ Q ( 1 ' . 8 H £ 9 p . 2 B £ ), o . il A lt c ® t d- s. 31c. 22. Subject to this Act, the elective members and^“^“““co the non-elective members of each and every Harbour q . h . b . Act Board in office in the year in which the triennial election of elective members of the Board is held shall continue and remain in office until the Harbour Board has been constituted afresh by election or appointment or partly in one way and partly by the other of the whole number of its members, and notwithstanding that such first-mentioned persons may thereby hold office as members of the Board for a longer period than three years. c

66 HARBOURS. P art II.— H arbours and H arbour B oards . Harbours Act. 4 E liz . II. No. 40? Division III .— ^tard" Qualification of Members — Disqualifications. Qualification 23. Every elector in relation to a Harbour Board Q.E™*T(!t shall be qualified to be elected or appointed and to act as a (1892), s. 27 . member of that Harbour Board, but so long only as he continues to hold such qualification, and subject otherwise to this Act. Disquaiifi- 24. (1.) The following persons shall be incapable QaH°B8’ Act of being or continuing as members of a Harbour Board— ( 1892),'ss. 28, . I, . i so. (l.) A person who is mentally sick ; (ii.) A person who is concerned or participates in the profit of any contract with the Board ; (iii.) A person who is bankrupt or who compounds or makes an arrangement with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (iv.) A person who is undergoing a sentence of imprisonment, whether or not the execution of such sentence of imprisonment has been suspended under any Act; (v.) A person who is or becomes an employee of the Harbour Board ; or (vi.) A person who is ousted from his office by the Supreme Court: Provided that nothing herein shall disqualify any person from being or continuing as a member solely because he is concerned or participates in a transaction with the Board in respect of— (a) A lease, sale, or purchase of lands, or an agreement for such lease, sale, or purchase; or ( b) An agreement for the loan of money, or any security for the loan of money ; or (c) A contract entered into by an incorporated company for the general benefit of such company; or (d) A contract for the publication of advertisements in a public journal; or

HARBOURS. 67 1955. Harbours Act. P art II.— H arbours ah H arbour B oards . Division III.— (e) The sale of goods to or the performance of Boards. . any work for the Board bona fide in the ordinary course of business and not pursuant to any written contract and not exceeding the sum or value of two hundred pounds in any one year : Provided further that no member of a Board (including the chairman) shall be disqualified from his office by reason of receiving any fee or allowance from the Board pursuant to section forty-eight or subparagraph (i.) of section ninety-nine of this Act. (2.) If a member of a Board before he is capable Disqualified of acting as such, or after his office has become vacatedactings whether by retirement, disqualification, ouster, oroH1B>rAct otherwise howsoever, or after his appointment thereto (i 892 ),’ s. 30 has been cancelled, acts or continues to act as member (2)- knowing that he is not capable or that his office has become vacated or his appointment thereto has been cancelled, as the case may be, he shall be guilty of an offence against this Act. 25. Notwithstanding anything in this Act to the Government contrary, the office of any member of a Harbour Board who has become a member upon appointment by the removed Governor in Council (whether such appointment was Q°H^B°*Act made before or after the commencement of this Act)(i892), may at any time be terminated by the Governor in8- 13A' Council, and another person may be appointed by the Governor in Council to be a member in the place of the person whose office has been terminated and, subject to this Act, for the balance of the term of office of such firstmentioned member. Elections, Etc. 26. (1.) In respect of every Harbour Board elections of the elective members of the Board shall be q ? h . b 7 Act held triennially. ( 1892 ), s. 31 . (2.) (a) In the case of every Harbour Boardonaand existing immediately prior to the commencement of appo'ilT ^ this Act and continued by this Act for the purposes ments. hereof, the first elections under this Act of the whole of the elective members of the Board shall be held, and the first appointments under this Act of the whole of the non-elective members of the Board shall be made, in the year one thousand nine hundred and fifty-eight.

68 part n.— HARBOURS AND H arbour B oards . HARBOURS. Harbours Act. 4 E liz . II. No. 40, "mSbLr — ( b ) Without limiting the provisions of section Boards. seVenteen of this Act, the first elections of the elective members of a Harbour Board constituted after the commencement of this Act shall be held in such year as the Governor in Council by Order in Council published in the Gazette appoints. Sattog to (3.) The following provisions shall apply with elections by respect to the first election and every triennial election electors. and extraordinary election under this Act, by electors, of the elective members of every Harbour Board :— (i.) The first and every triennial election by electors shall be held in the respective parts of the Harbour Board District entitled to a representative or representatives on the Harbour Board at the same time and places as elections under and for the purposes of *“ The Local Government Acts, 1936 to 1954,” are held; (ii.) The Voters Rolls for the Areas and Divisions of Areas of Local Authorities comprised wdthin the Harbour Board District compiled for the elections under and for the purposes of *“ The Local Government Acts, 1936 to 1954,” shall be used and shall be deemed to be the Voters Rolls under and for the purposes of this Act, but separate ballot-papers and ballot-boxes shall be provided and used: Provided that where the Area or any Division of the Area of a Local Authority is partly within and partly wdthout the Harbour Board District the returning officer concerned shall compile a Voters Roll for the part of that Area or Division of the Area of the Local Authority which is wdthin the Harbour Board District, and the provisions of *“ The Local Government Acts, 1936 to 1954,” relating to the compilation of Voters Rolls thereunder as are appropriate to that election shall, wdth all necessary adaptations thereof, apply for the purposes hereof, and that Voters Roll shall be used accordingly and shall be deemed to be the Voters Roll under and for the purposes of this Act; (iii.) Save as may otherwise be provided by the Governor in Council by Order in Council published in the Gazette or as otherwise prescribed, the person who is returning officer for the elections under and for the purposes of *“ The Local Government Acts, 1936 to 1954,” * 1 G. 6 No. 1 and amending Acts.

1955. HARBOURS. Harbours Act . 69 P art u .— H arbours & h » H arbour B oards . of a Local Authority whose Area or part of whose Area DlvSStmi' is comprised within the Harbour Board District shall act Board*- as returning officer under and for the purposes of this Act for that Area or part and so on accordingly ; (iv.) If the electors of a part of the Harbour Board District, which comprises Areas or parts of Areas or Areas and parts of Areas of two or more Local Authorities, are to join in the election of a member or members of the Harbour Board, then in the event of the elections under and for the purposes of *“ The Local Government Acts, 1936 to 1954,” of those Local Authorities not being held on the same day in that part of the Harbour Board District, the returning officer for that part of the Harbour Board District shall, except in the case of an extraordinary election, postpone the count of the votes polled for members of the Harbour Board until after the latest of the elections of those Local Authorities in that part of the Harbour Board District has been held ; (v.) The whole number of members of the Harbour Board to be so elected shall be elected ; (vi.) In every part of the Harbour Board District entitled to a representative or representatives on the Harbour Board the number of such representatives to be elected shall, subject to this Act, be elected by the electors of that part; (vii.) Every elector shall have one vote only and the voting shall be by ballot; (viii.) The rules, forms, and directions for the time being contained in the Third Schedule to *“ The Local Government Acts, 1936 to 1954,” shall, so far as the same are applicable and subject to such modifications thereof and additions thereto as the Governor in Council may by Order in Council published in the Gazette direct so as to make the same conformable with the purposes of this Act and the circumstances and subject otherwise to this subsection, extend, with all necessary adaptations thereof to and in relation to the election ; (ix.) Every returning officer in relation to a Harbour Board District shall, unless he is the secretary, forthwith report, and if so prescribed, in the prescribed manner, to the secretary of the Harbour Board the name or names * 1 G. 6 No. 1 and amending Acts.

70 HARBOURS. P art II.— H arbours and H arbour H oards . Harbours Act . 4 E liz . II. No. 40, / DivHiBsaioorabnrodIusIr.I. poaf rttheormpemarbtseroofrtmheemHbaerrbsoeulrecBteodarbdy Dthisetreilcetctfoorrs wofhtihche he is returning officer ; (x.) Every Voters Roll for the purposes of the election shall after the conclusion of the election, remain in force and be used as a Voters Roll until a new Voters Roll is prepared under and for the purposes of *“ The Local Government Acts, 1936 to 1964,” or this Act to replace the same, but for the purposes of any extraordinary election held on any day other than the day of the first or any triennial election the Voters Roll shall be amended so as to comprise the names of all persons who are entitled to appear thereon and who became so entitled not later than thirty clear days before the day of such election ; (xi.) If in relation to any part of the Harbour Board District no more persons are nominated as candidates for election than are required to be elected at such election, the returning officer shall, at twelve o’clock noon on the day of nomination and at the place appointed for nomination, declare him or them to be duly elected, and thereupon he or they shall be deemed to have been elected as an elective member or as elective members accordingly; (xii.) Unless and until otherwise prescribed by the regulations whether generally or in the particular case, the costs and expenses of such an election shall be borne by the Local Authority or all Local Authorities, the Area or Areas or any part or parts of the Area or Areas of any • of which are comprised within the part of the Harbour Board District in relation to which the election is held, and shall, for the purposes of *“ The Local Government Acts, 1936 to 1964,” be deemed to be expenditure necessarily incurred in the exercise and performance of the functions of local government. members <>i 27. The following provisions shall apply with Localers ° respect to the first election and every triennial and q ' h ' b ” Act extraordinary election under this Act, by members of a ( 1892 ),' ° Local Authority or Local Authorities, of the elective a. 31 a . members of every Harbour Board :— , t (i.) The time and place of every election and of the nomination of candidates shall be appointed by the Governor in Council by notice published in the Gazette : * 1 Gr. 6 No. 1 and amending Acts.

HAEBOUES. 71 1955. Harbours Act . PART II.— H arbours and H arbour B oards . Provided that for the first and every triennnial DiviHsiaornb1o1u1r,- election such times shall he so fixed as to be as soon as Boards. practicable after the conclusion of the triennial elections ofthe members of the Local Authority or Local Authorities entitled to vote at the election under this Act: Provided further that either or both of the times so fixed may be extended by the Governor in Council by notice published in the Gazette ; -(ii.) The Governor in Council may from time to time appoint a returning officer to take the poll. Every such appointment shall be notified in the Gazette ; (iii.) For the purpose of enabling the returning officer to compile a roll of persons entitled to vote, the clerk of every Local Authority, members of which are entitled to vote at the election, shall, within seven days after the conclusion of every triennial election of members of the Local Authority, and, if at any other time so requested by the returning officer, then within seven days after the receipt of such request, forward to the returning officer a correct list of the names and places of living of all members of the Local Authority of which he is clerk, who at the time of forwarding that list are entitled to vote at the election under this Act, certified as correct by writing under his hand ; (iv.) The returning officer shall from such lists compile a roll of Local Authority members entitled to vote at the election under this Act; (v.) Such roll shall show the names in alphabetical order and numbered consecutively of all persons so entitled to vote, and when signed by the returning officer shall be the roll by reference to which the title of every person to vote at such election shall, save as next hereinafter provided, be finally determined : Provided that no person named on such roll who, at the date of the election, has ceased to hold office as a member of a Local Authority, members of which are entitled to vote at the election, shall be entitled to vote ; (vi.) If a clerk of a Local Authority fails within the prescribed time to forward any list hereby required to be forwarded to the returning officer, or forwards an incorrect list, he shall be guilty of an offence against this Act;

72 PAR* II.— H arbours and boards * HARBOURS. Saviours Act . 4 E liz . II. No. 40, Division III .— ’ 1 ' ~ Boards. (vii.) After compiling such roll the returning officer shall forthwith send through the post office to every person named in such roll and addressed to his place of living as set forth in that roll, a notice specifying the date and place appointed for the nomination of candidates for election, and requiring the nomination of candidates prior to twelve o’clock noon on that nomination day; (viii.) As far as practicable every such notice shall be sent by the returning officer so that in the ordinary course of post the person to whom it is sent should receive it at least ten days prior to nomination day; (ix.) In order that a person may become a candidate at the election he shall be nominated by at least one member of a Local Authority, who is entitled to vote at the election. The nomination paper shall be in writing and signed by the person nominating the candidate, and be in the following form or a form to the like effect:— N omination P aper . (Name) Harbour Board. To the Returning Officer. Sir,— I [or we] hereby nominate (name in full) of (place of living and occupation), to be a candidate for election as a member of the abovementioned Harbour Board at the ensuing election by members of [name Local Authority or Local Authorities]. I [name in full] am a member of [name Local Authority of which a member] and am entitled to vote at the election. Dated at , the day of , 19 . Signature of Nominator:........................................ ................ Place of living:____________________________________ Occupation:_________ ____________________ __________ I [Christian name and surname in full] hereby consent to this nomination. (Signature of person nominated.) (x.) Such nomination paper may be delivered or sent to the returning officer but shall reach him by twelve o’clock noon on nomination day ; (xi.) No person who is not so nominated shall be or be deemed to be a candidate at the election ; (xii.) If no more persons are so nominated than are required to be elected at such election, the returning officer shall, at twelve o’clock noon on the day of nomination and at the place appointed for nomination,

1955. HARBOURS. Harbours Act. 73 P art II.— H arbours and H arbour B oards . declare him or them to be duly elected, and thereupon he or they shall be deemed to have been elected as an elective member or as elective members accordingly ; °a s' (xiii.) If more persons are so nominated than are required to be elected, the returning officer shall, forthwith after the day of nomination, proceed as follows :— (a) He shall prepare a ballot-paper in writing in the following form or a form to the like effect:— B allot -P aper . (Name) Harbour Board . Election of one member (or members) of the abovementioned Harbour Board by the members of (set out the Local Authorities). I vote for— □ ADDISON, JAMES □ BAKER, JOHN CHARLES □ FISHER, WILLIAM (Signature of Voter.) 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). [Record 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 to be elected, the figures 1,2, and so on up to and including the number of respectively in the squares opposite the names of the candidates for whom you vote)]. Initials of Returning Officer. (b) He shall post one ballot-paper previously initialled by him, to each of the persons entitled to vote at the election ; (c) Before posting the same he shall fill in the particulars of the place of election and of the date on which the count will be made as well as any other particulars required to be filled in by him; (d) The voter, upon receipt of a ballot-paper, shall record his vote by placing the figure 1 in the square opposite the name of the candidate for whom he votes or, if more than one member to be elected, the figures 1, 2, and so on up to and including the number

74 P art II.— H arbours and H arbour B oards . Division III .— Harbour Boards. HARBOURS. Harbours Act. 4 E liz . II. No. 40, of the members to be elected respectively in the squares opposite the names of the candidates for whom he votes (each vote numbered in consecutive order up to the number of members to be elected being a vote), and sign his name. He shall then post the ballot-paper, addressed to the returning officer at the place of election named therein, and within such time that it will in the ordinary course of post reach the returning officer before twelve o’clock noon on the day named therein as the day of the count; (e) On the aforesaid day the returning officer shall attend at the said place at twelve o’clock noon, and shall open and count all the votes given for each candidate which have then reached that place, and shall forthwith declare the candidate or candidates who has or have received the greatest number of votes to be elected, and he or they shall be elected accordingly; (/) At the election every person whose name is included in the roll shall have one vote only; (g) Whenever necessary, owing to the fact that the number of votes for any two or more candidates is found to be equal, the returning officer shall decide by his casting vote which shall be elected; (h) The returning officer shall, unless he is the secretary, forthwith report to the secretary of the Harbour Board the names of the members elected; (i) Unless and until otherwise prescribed by the regulations whether generally or in the particular case, the costs and expenses of the election shall be borne by every Local Authority, members of which are entitled to vote at such election, and shall, for the purposes of *“ The Local Government Acts , 1936 to 1954,” be deemed to be expenditure necessarily incurred in the exercise and performance of the functions of local government; * 1 G. 6 No. 1 and amending Acts.

HARBOURS. 75 1955. Harbours Act. P art II.-— H arbours and H arbour B oards . (xiv.) If at any time after nomination day and DivHisaiornboIuIrI .— before the date of the count any candidate dies, the Boards . proceedings relating to the election shall be deemed to be vacated, and all proceedings in connection with the election shall be had and taken anew ; (xv.) If a candidate desires to retire from his candidature, he may, before the ballot-papers are posted, sign and deliver to the returning officer a notice in the following form, or a form to the like effect:— I (A.B.) do hereby retire from Candidature for Election at the ensuing Election of one member (or members) of (name) Harbour Board by the members of (set out the Local Authorities). Dated at , this day of , 19 * Witness C.D. Signed A.B. The returning officer, on receipt of such notice, shall make known as publicly as possible, by advertise­ ment in some newspaper or otherwise, the fact of the candidate’s retirement and, if the number of candidates is by his retirement reduced to the number of members required to be elected at the election shall, as soon as conveniently may be, declare the remaining candidate or candidates to be duly elected, (and thereupon he or they shall be deemed to have been elected as an elective member or as elective members accordingly) and, if the number is not so reduced, shall omit or erase the name of the candidate so retiring from the ballot-papers ; (xvi.) Every person who— (a) Procures himself to be nominated as a candidate for the office of member of a Harbour Board, knowing himself to be under the provisions of this Act incapable of being or continuing as such member ; or (b) Knowingly signs a nomination paper nominating or purporting to nominate as a candidate for such office a person incapable of being or continuing such a member ; or (c) Knowing that he is not a member of a Local Authority, who is entitled to vote at the election, signs a nomination paper nominating or purporting to nominate any person as a candidate at such election, shall be guilty of an offence against this Act;

76 P art II.— H arbours and H arbour B oards . Bivision III .— Harbour Boards. HARBOURS. Harbours Act. 4 E li z . II. No. 40, (xvii.) Members of every Local Authority the whole or any part of the Area of which corresponds with or is comprised within the Harbour Board District or, if the election under this Act is held for a part of the Harbour Board District, that part of the Harbour Board District, shall, if they represent for the purposes of * “ The Local Government Acts, 1936 to 1954,” the whole or any portion of the Harbour Board District or, as the case may be, part of the Harbour Board District, be entitled to vote at the election, and for this purpose the mayor or chairman of the Local Authority shall be deemed to so represent the whole or portion of the part of the Harbour Board District. Extraordinary Vacancies. Extra- 28. (1*) Any member or the chairman or deputy vacancies, chairman of a Harbour Board may resign his office by Q.H.B. Act writing under his hand addressed to the secretary of the <ss? 30 (i)> 32 . Board, and the office in question shall be deemed to be vacant from the moment the resignation is received by the secretary, and the vacancy shall be deemed an extraordinary vacancy. (2.) If any person is or while holding office as a member of a Harbour Board becomes incapable of holding or continuing to hold office under sections twenty-three or twenty-four of this Act, his office shall thereby become vacant and the vacancy shall be deemed an extraordinary vacancy. (3.) If any member of a Harbour Board is absent, without leave obtained from the Board in that behalf, from four consecutive ordinary meetings of the Board of which due notice has been given to him, his office shall become vacant and the vacancy shall be deemed an extraordinary vacancy : Provided that— (i.) The non-attendance of a member at the time and place appointed for an ordinary meeting shall not be deemed to constitute absence from such meeting unless a meeting of the Board at which a quorum is present is actually held on that day; * 1 Geo. 6 No. 1 and amending Acts.

1955 . HARBOURS. Harbours Act. 77 P art II.— H arbours and H arbour B oards . (ii.) The attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day ; and the secretary of the Board shall enter in the minute book the names of all members who attend. Harbour Baards- 29. (1.) In the event of an extraordinary vacancy Fining of in the office of an elective member of a Harbour Board ordinary or on the death of such a member, such vacancy shall vacancies in be filled in the manner provided by this section. elective0 members. (2.) (a) When a vacancy as aforesaid arises in theQ-*^B.^Act office of an elective member who was representative .s- • on the Harbour Board of a part of the Harbour Board District corresponding with the Area or a Division or Divisions of the Area of a Local Authority, then the members of the Local Authority, or members of the Local Authority who represent on the Local Authority the Division or Divisions, as the case may be, shall, at a special meeting called for the purpose (or at some adjourn­ ment of that meeting held within fourteen days from the day appointed for the holding of that special meeting), elect a qualified person to be a member of the Harbour Board in his stead. ( b ) If such a special meeting is not called within one month of the arising of the extraordinary vacancy or if within fourteen days of the day appointed for the special meeting as aforesaid no member is appointed, the Governor in Council may appoint a qualified person to fill such vacancy : Provided that at any time before the exercise of his powers under this paragraph (b) and whether a special meeting as aforesaid is called or not, on the request in writing under their hands of an absolute majority of the members of the Local Authority, or members of the Local Authority representing the Division or Divisions, so to do, the Governor in Council may appoint a qualified person to fill such vacancy. A member appointed under this paragraph ( b ) shall be deemed to represent the part of the Harbour Board District concerned.

78 P art II.— H arbours and H arbour B oards . HARBOURS. Harbours Act. 4 E liz . II. No. 40y Harbour (3.) (a) When a vacancy as mentioned in subsection one of this section arises in the office of an elective member being other than an elective member as referred to in paragraph (a) of subsection two of this section, an election shall be held by the members of a Local Authority or Local Authorities, who represent on the Local Authority or Local Authorities the part or any portion of the part of the Harbour Board District, which was represented on the Harbour Board by the elective member causing that vacancy, of some qualified person to fill such vacancy. ( b ) The provisions of section twenty-seven of this Act shall, with all necessary adaptations thereof and with such modifications thereof and additions thereto as the Governor in Council may by Order in Council published in the Gazette direct to meet the circumstances of any particular election, apply in respect of an election referred to in this subsection. Duration of 30. A person appointed or elected under the person°f provisions of section twenty-nine of this Act to fill any appointed or vacancy referred to therein shall retain his office subject qvm ?' Act this Act so long as the vacating member would have ( 1892 ), s. 33 retained it if no vacancy had occurred. (4). J Filling of vacancies by Governor in Council. Filling of 31. In the event of an extraordinary vacancy in ordinary the office of a non-elective member of a Harbour Board =°ie8 in or on the death of such a member, the Governor in non-dective Council may appoint some person in the place of the member whose office has become vacant, and the member ( 1892 ),'’ s. 34 . so appointed shall retain his office subject to this Act so long as the vacating member would have retained it if no vacancy had occurred. in default of 32. (1-) If at the time prescribed or appointed for mem era holding any election of an elective member or elective nominated members of a Harbour Board— or elected, Governor in (i.) No election is held ; or Council may appoint (ii.) No candidates are nominated; or persons to fill vacancies. (iii.) The number of candidates nominated is less Q.H.B. Act (1892), s. 35. than the number of members to be elected, the Governor in Council may appoint a member or a sufficient number of members of the Harbour Board, as the case may require, to fill the offices which ought to be

HARBOURS. 219 1955. Harbours Act. P art IX.— F acilities for L oading S ugar in B ulk . All courts, judges, and persons acting judicially shall take judicial notice of the seal of The Sugar Board affixed to any document whatsoever, and shall presume that it was duly affixed. 17 # 1. (1.) Subject to this Part--- Provision of facilities for (i.) In respect of a harbour for which the Harbours loading Trust is the Harbour Board, the Trust; and m (ii.) In respect of a harbour for which a Harbour Board is constituted, that Board, may of its own motion provide facilities for loading sugar in bulk. (2.) The Governor in Council may by Order in Council published in the Gazette direct any Harbour Board to provide, in respect of the harbour for which that Board is constituted, facilities for loading sugar in bulk, and that Harbour Board shall, subject to this Part, provide those facilities as so directed. 172. (1.) Before commencing, whether of its own motion or at the direction of the Governor in Council, f^mtiesfor Btooaprrdo— vide facilities for loading sugar in bulk a Harbour sbuuglka.r m " (i.) Shall either make to The Sugar Board a proposal as respects the facilities for loading sugar in bulk to be provided or request The Sugar Board to make to that Harbour Board such a proposal; (ii.) Shall confer with The Sugar Board with the object of the two Boards agreeing upon the facilities for loading sugar in bulk to be provided; and (iii.) Subject to paragraphs (i.) and (ii.) of this subsection, shall submit to the Minister a proposal as respects the facilities for loading sugar in bulk to be provided. (2.) A proposal submitted to the Minister under paragraph (iii.) of subsection one of this section shall contain or be accompanied by— (i.) A plan of the harbour works, and (other than harbour works) buildings, sheds, other structures, and works proposed to be constructed or provided;

220 P art IX.— F acilities TOR LOADING S ugar in B ulk . HARBOURS. Harbours Act. 4 Euz. II. No. 40, (ii.) Details of plant, machinery, equipment, and other things proposed to be provided ; (iii.) If it is proposed to reconstruct, extend, alter, strengthen or deal otherwise with any subsisting harbour works or subsisting other improvements on land, details of what is so proposed ; (iv.) A statement as to whether or not the Harbour Board and The Sugar Board are in agreement upon the aforementioned plans and details and, if not, in what respects they disagree ; (v.) An estimate by some competent person of the cost of providing facilities for loading sugar in bulk as proposed ; and (vi.) All such further information and particulars as may be prescribed or, in so far as not prescribed, required by the Minister. How proposal may be dealt with by Minister. 173. (1.) The Minister may— (i.) Require a Harbour Board to furnish to him all such additional or further information and particulars as he shall specify with respect to a proposal submitted to him by that Harbour Board under this Part; (ii.) Refer any such proposal to The Sugar Board for consideration and report to him either generally or in such respects as he shall specify ; (iii.) Refer back to the Harbour Board concerned such a proposal for alteration, amendment, or modification otherwise as indicated by him ; and (iv.) Fix the time within which a Harbour Board or The Sugar Board shall do any thing required or requested by him under this section. (2.) (a) If the Minister is satisfied with a proposal under this Part, either as originally submitted to him or as subsequently altered, amended, or otherwise modified by the Harbour Board concerned, he may approve of the provision, in respect of the harbour in question, of facilities for loading sugar in bulk pursuant to and in accordance with that proposal.

HARBOURS. 221 1955. Harbours Act. P art IX.— F acilities for L oading S ugarin B ulk . (b) The Minister may cause any such proposal to be altered, amended or otherwise modified to his own satisfaction and may approve of the provision, in respect of the harbour in question, of facilities for loading sugar in bulk pursuant to and in accordance with that proposal as so altered, amended, or otherwise modified : Provided that the Minister shall allow the Harbour Board concerned an opportunity to make representations to him concerning any such alteration, amendment, or other modification before causing the same to be made, and shall have regard to the representations, if any, made to him by that Harbour Board. (c) The Minister may, in his absolute discretion, refuse to approve of any proposal under this Part where in his opinion, having regard to the economy of the sugar producing industry of this State, the capital cost of the provision of the facilities for loading sugar in bulk, the situation of the harbour concerned, the average quantity of sugar shipped from that harbour in each season, and the provision of facilities for loading sugar in bulk made or proposed to be made at other harbours, the effecting of the proposal would, or would likely be, uneconomic or unnecessary, or both. (3.) The Minister may from time to time vary any requirement or request made by him or extend any period of time fixed by him under this section. 174. (1.) A Harbour Board may, without any Power to sanction other than the approval of the Minister— construct harbour (a) Construct harbour works and (other than iwnocrlukds,ed&ien. , harbour works) buildings, sheds, other facilities for structures, and works, whether above or lsouagdairngin below, or partly above and partly below, bulk. high water mark or low water mark, at or near the harbour for which that Board is constituted; and ( b ) Reconstruct, extend, alter, strengthen or deal otherwise with any subsisting harbour works or subsisting improvements (other than harbour works) on or in land, for the purpose of providing facilities for loading sugar in bulk pursuant to and in accordance with a proposal approved by the Minister under this Part.

222 HARBOURS. P art IX.— F acilities for L oading S ugar in B ulk . Harbours Act. 4 E liz . II. No. 40, (2.) A Harbour Board shall not either before commencing, or otherwise howsoever in respect of, the construction of any harbour works or (other than harbour works) building, shed, other structure, or works, or the reconstruction, extension, alteration, strengthening, or dealing otherwise with any subsisting harbour works or subsisting improvements (other than harbour works) in or on land for the purpose of providing facilities for loading sugar in bulk pursuant to and in accordance with a proposal approved by the Minister under this Part, be bound to obtain any sanction or to do or take any act or step prescribed by section eighty-six or, save the provisions of this Part, any other provision of this Act. Finance, &c. 175. (1.) Division II. of Part VI. of this Act shall apply as respects the borrowing of money by a Harbour Board for enabling the Board to provide facilities for loading sugar in bulk. (2.) For the purpose of computing the amount of the annual payment to be made to a Harbour Board by The Sugar Board pursuant to the arrangements prescribed by this Part, there may be included in such computed amount a sum as may be approved by the Minister (regard being had by him to the recommendation of The Sugar Board in that behalf) as interest upon moneys provided and expended with the approval of the Minister by the Harbour Board in providing the facilities for loading sugar in bulk up to the date of completion of construction of those facilities. (3.) The construction at any harbour of facilities for loading sugar in bulk shall for all purposes be deemed to be completed on such date as may be fixed by the Minister by notification published in the Gazette. The Sugar 176. (1.) A Harbour Board which provides Bcoonatrrdolt,o facilities for loading sugar in bulk shall make with operate, The Sugar Board arrangements providing for— &c., facilities for (i.) The control, management, operation, and loading sugar in bulk. maintenance by The Sugar Board of those facilities for a period of ninety-nine years commencing on the completion of the construction of those facilities ; and (ii.) Payment by The Sugar Board to the Harbour Board in each year of such an annual sum as will over such period as fixed

HARBOURS. 223 1955. Harbours Act. PART IX.— F acilities for L oading S ugar in B ulk . by the Minister (who is hereby authorised to fix a period for the purposes hereof and from time to time to extend, if he considers it so necessary, that period as fixed originally or extended and so that the period as fixed or as extended may or may not differ from such a period in relation to any other Board, but in all cases so that the period as fixed originally or as extended shall not exceed ninety-nine years), repay to that Board the cost to it of providing the facilities for loading sugar in bulk, as well as any sum approved in relation to that Harbour Board by the Minister pursuant to subsection two of section one hundred and seventy-five of this Act, and for the making of that annual payment by periodical instalments or other­ wise as arranged. (2.) (a) Arrangements made under this section shall include the grant by a Harbour Board to The Sugar Board of all such leases and licenses as will vest in The Sugar Board the control of the facilities for loading sugar in bulk the subject of those arrangements and enable that lastmentioned Board to control, manage, operate, and maintain those facilities in a proper and workmanlike manner. (6) Subject to this section, the provisions of this Act relating to the granting by a Harbour Board of leases and licenses shall apply for the purposes of this subsection, save any such provision which limits the term for which a Harbour Board may grant a lease or license. (3.) (a) The Minister may fix a date before which a Harbour Board specified by him and The Sugar Board shall complete the making of the arrangements prescribed by this section. If by the date so fixed the making of the arrangements in question is not completed, the Minister may thereupon determine all matters respecting those arrangements still in dispute between the Harbour Board and The Sugar Board and they shall accordingly proceed forthwith to complete the arrangements in respect whereof the Minister has made those determinations.

224 HARBOURS. P art IX.— F acilities ■ for L oading S ugar in B ulk . Harbours Act. 4 E liz . II. No. 40, (6) If both the Harbour Board concerned and The Sugar Board inform the Minister in writing that they cannot agree upon arrangements as prescribed by this section, the Minister may thereupon determine all matters respecting those arrangements in dispute between them. (c) A Harbour Board and The Sugar Board shall be bound by determinations made by the Minister pursuant to paragraph (a) or paragraph (6) of this subsection. Power of The Sugar Board to appoint officers, &c. 177. (1.) The Sugar Board may appoint and employ all such officers, employees, and agents as it deems necessary for or in connection with the provision, control, management, operation, and maintenance of facilities for loading sugar in bulk, and otherwise for the carrying out by it of the objects of this Part, including the co-ordination of the provision, control, management, operation, and maintenance of those facilities. For all or any of those purposes, The Sugar Board from time to time may, in addition to appointing its own officers and agents, obtain such technical advice as it requires from competent persons who are not officers of The Sugar Board. (2.) The control, management, operation, and maintenance pursuant to this Part by the Sugar Board of facilities for loading sugar in bulk shall be exclusive to that Board. Power of delegation by The Sugar Board. 178. (1.) The Sugar Board, with the prior approval of the Minister, from time to time may, in relation to any and every harbour where facilities for loading sugar in bulk are controlled, managed, operated, and maintained by it pursuant to arrangements made under this Part, by instrument in writing under its seal, delegate to a local organisation, constituted by such and so many persons as The Sugar Board may from time to time with the like approval appoint as members thereof, such control, management, operation, and maintenance so that the local organisation as aforesaid shall, subject to this section, control, manage, operate, and maintain, the facilities for loading sugar in bulk in question in a proper and workmanlike manner. (2.) The number of, and the persons who shall be, the members of a local organisation shall be as specified by The Sugar Board by the instrument of delegation

HARBOURS. 225 1955. Harbours Act. P art IX.— F acilities for L oading S ugarin B ulk . or by a separate instrument in writing from time to time issued under its seal, and the person specified in like manner by The Sugar Board shall be the chairman of that local organisation. The Sugar Board may from time to time by an instrument in writing under its seal vary the number of members constituting a local organisation and every member (including the chairman) of a local organisation shall hold his office at the pleasure of The Sugar Board. (3.) The Sugar Board may by the instrument of delegation or by a separate instrument in writing from time to time issued under its seal direct as it thinks fit a local organisation as to the manner in which it shall control, manage, operate, and maintain the facilities for loading sugar in bulk in question or may place such restrictions and limitations as it thinks fit on the local organisation, or do both such things, and may from time to time thereafter by an instrument in writing under its seal vary in whole or in part any previous directions or restrictions and limitations given to or placed on the local organisation by it, or give further directions to, or place further restrictions and limitations on, the local organisation, and so on accordingly. (4.) The Sugar Board may delegate to any of its officers or agents such powers and authorities as it deems necessary for the purpose of his or their conferring with Harbour Boards upon matters relating to the provision, control, management, operation, and maintenance of all or any facilities for loading sugar in bulk or for any other purpose related to the carrying out by The Sugar Board of the objects of this Part. (5.) The Sugar Board may at its will revoke a delegation made by it under this section and may at any time thereafter make a further such delegation in relation to the facilities for loading sugar in bulk in question or other matter the subject of that revoked delegation, and so on accordingly. (6.) No such delegation shall prevent The Sugar Board from doing any act or thing in relation to the provision, control, management, operation, and > maintenance of the facilities for loading sugar in bulk or other matter in relation to which the delegation was made. H \

226 P art IX.— F acilities for L oading S ugar in B ulk . Finance. HARBOURS. Harbours Act. 4 E liz . II. No. 40, 179. (1.) The following, namely— (i.) Any and every annual sum payable by The Sugar Board to a Harbour Board pursuant to arrangements made under this Part; and (ii.) All costs, expenses, and disbursements incurred by The Sugar Board in controlling, managing, operating, and maintaining facilities for loading sugar in bulk, including all salaries and wages paid to officers and employees and the remuneration of agents and competent persons appointed or employed by that Board under this Part, any payments made by that Board to members of local organisations to which it has delegated any of its functions, powers, authorities, and duties in relation to any of the facilities for loading sugar in bulk, and the moneys which pursuant to section one hundred and eighty of this Act are from time to time paid into the Replacements Fund, as well as any other costs, expenses, and disbursements incurred by The Sugar Board in the carrying out by it of the objects of this Part, shall be defrayed from the proceeds of the sale of raw sugar acquired by Her Majesty in right of the State of Queensland from time to time under the authority of *“ The Sugar Acquisition Act of 1915.” As far as possible, the aforementioned annual sum and costs, expenses, and disbursements in respect of each and every year shall be defrayed from the proceeds of the sale of raw sugar acquired as aforesaid the produce of that year’s crop of sugar-cane. (2.) The Secretary for Agriculture and Stock or any other Minister of the Crown, or any other person charged with making payment for or as agent for the Government of the State of Queensland for raw sugar acquired as aforesaid shall observe the provisions of subsection one of this section and accordingly shall before distributing any moneys the proceeds of the sale of any raw sugar make from those moneys the payments prescribed in relation thereto by subsection one of this section. # * * *. . 1

HARBOURS. 227 1955. Harbours Act. P art IX.— F acilities for L oading S ugar in B ulk . The retainer from moneys distributable as aforesaid of a sum deemed by The Sugar Board sufficient to meet all payments required to be made from those moneys by subsection one of this section shall be a sufficient compliance with this subsection, and subject to the retainer of such a sum the balance of any such moneys may be distributed according to law. (3.) The provisions of sections one hundred and sixteen to one hundred and eighteen, both inclusive, of this Act shall, with all necessary adaptations thereof, apply to the inspection, examination, and audit of the books, accounts, documents, statements, and balance sheets of The Sugar Board and local organisations under or for the purposes of this Part. 180. For the purpose of providing a reserve for the Repiace- replacement as and when necessary of facilities forments Fund' loading sugar in bulk controlled, managed, operated, and maintained by it as well as for such other purposes relating to facilities for loading sugar in bulk as may be approved by the Minister, The Sugar Board shall establish a “ Replacements Fund ”. There shall be paid from time to time into that Fund such amounts as may be approved by the Minister having regard to the recommendation of The Sugar Board in that behalf, and with the like approval moneys from time to time may be paid out of that Fund. 181. The Sugar Board may make, collect, and charges for recover such charges as it may from time to time determine for for the use of facilities for loading sugar in bulk. loading ° 0 sugar in The amounts of such charges may differ and different bulk, amounts and charges may be fixed in relation to different facilities for loading sugar in bulk and at different harbours. 182. (1.) While the Harbours Trust continues to Harbours be constituted by the Minister, this Part shall apply Trust‘ with respect to the provision by the Trust, in respect of any harbour for which it is the Harbour Board, of facilities for loading sugar in bulk subject to the following modifications :— (i.) Sections one hundred and seventy-two and one hundred and seventy-three shall not apply ;

228 P abt IX.— F acilities foe L oading S ugar IN B ulk . HARBOURS. Harbours Act . 4 E liz . II. No. 40, (ii.) Subsection one of section one hundred and seventy-four shall apply with the words “ without any sanction other than the approval of the Minister ” and the words “ pursuant to and in accordance with a proposal approved by the Minister under this Part ” omitted; (iii.) Subsection two of section one hundred and seventy-four shall apply with the words “ pursuant to and in accordance with a proposal approved by the Minister under this Part ” omitted; (iv.) Subsection three of section one hundred and seventy-six shall not apply, but the Minister may, in relation to any particular facilities for loading sugar in bulk, determine all matters respecting the arrangements prescribed by that section upon which the Trust and The Sugar Board fail to agree. (2.) Subject to subsection one of this section the provisions of this Part shall apply to the Harbours Trust as it applies to a Harbour Board. Harbour Board.*11 ' 183. Whereas The Mackay Harbour Board commenced to provide facilities for the loading of sugar in bulk before the commencement of this Part, it is hereby declared— (i.) That sections one hundred and seventy-two and one hundred and seventy-three of this Act shall not apply with respect to the provision of those facilities by that Board ; (ii.) The provisions, save sections one hundred and seventy-two and one hundred and seventy-three, of this Part shall apply with respect to the provision of those facilities by that Board as if the same were being provided pursuant to and in accordance with a proposal approved by the^Minister under this Part; and (iii.) For the purposes of the application of the provisions, save sections one hundred and seventy-two and one hundred and seventy- three of this Part, with respect to the provision

1955. HARBOURS. -Mf Harbours Act. PiLKT IX.— F acilities for L oading S ugar m B ulk . of those facilities, this Part shall be deemed to have been in force when the said Board commenced to provide those facilities. the p1r8o4v*isioWnsithoofutsecptrioenjudoincee htuondorreddearnodgastiixntgy-tfhrroeme RfPoaerrgttu. hlaistions of this Act, the provisions of that section shall extend for the purposes of this Part. Year and Number of Act. F irst S chedule . Short Title. [Section 4}. Extent of Repeal/ 5 Wm. IV. No. 13 41 Vic. No. 3 .. 56 Vic. No. 26 56 Vic. No. 29 57 Vic. No. 19 59 Vic. No. 5 .. 59 Vic. No. 23 59 Vic. No. 24 59 Vic. No. 25 60 Vic. No. 28 61 Vic. No. 20 61 Vic. No. 21 64 Vic. No. 31 5 Edw. VII. No. 27 5 Edw. VII. No. 32 “ Wharves Act of 1834 ” .. “ The Navigation Act of 1876 ” “ The Harbour Boards Act, 1892 ” “ The Harbour Dues Act of 1892 ” “ The Harbour Dues Act of 1893 ” “ The Harbour Dues Act of 1895 ” “ The Rockhampton Harbour Board Act, 1895 ” “ The Townsville Harbour Board Act, 1895 ” “ The Bundaberg Harbour Board Act, 1895 ” “ The Mackay Harbour Board Act, 1896 ” “ The Rockhampton Harbour Board Act, 1895, Amendment Act of 1897 ” “ The Townsville Harbour Board Act, 1895, Amendment jLct of 1897 ” (t The Harbour Boards Act, 1892, Amendment Act, 1900” “ The Cairns Harbour Board Act of 1905 ” “ The Harbour Dues and Har­ bour Boards Acts Amendment Act of 1905 ” The whole * Section one hundred and forty-seven The whole The whole The whole The whole t The whole The whole v The whole The whole The whole ^ The whole The whole The whole The whole

230 HARBOURS. Harbours Act. 4 E liz . II. No. 40, F irst S chedule — contimied. Year and Number of Act. Short Title. Extent of Repeal. 6 Edw. VII. 44 The Harbour Boards Acts The whole No. 25 Amendment Act of 1906 ” 6 Edw. VII. “ The Harbour Dues Acts The whole No. 7 Amendment Act of 1906 ” 1 Geo. V. No. “ The Land Act of 1910 ” .. Section one hundred 15 and seventy- eight 2 Geo. V. No. 4 4 The Cairns Harbour Board The whole 12 Act Amendment Act of 1911 ” 2 Geo. V. No. 44 The Mackay Harbour Board The whole 16 Act Amendment Act of 1911 ” 4 Geo. V. No. 44 The Gladstone Harbour The whole 26 Board Act of 1913 ” 5 Geo. V. No. 44 The Bowen Harbour Board The whole 5 Act of 1914 ” 5 Geo. V. No. 44 The Rockhampton Harbour The whole 19 Board Acts Amendment Act of 1914 ” 7 Geo. V. No. 44 The Townsville Harbour The whole 7 Board Acts Amendment Act of 1916 ” 10 Geo. V. No. 44 The Harbour Boards Acts The whole 18 Amendment Act of 1920 ” 13 Geo. V. No. 44 The Harbour Boards Acts The whole 35 Amendment Act of 1922 ” 19 Geo. V. No. 44 The Harbour Boards Acts The whole 22 Amendment Act of 1928 ” 20 Geo. V. No. 44 The Local Authorities Acts Section twenty- 31 Amendment Act of 1929 ” seven 26 Geo. V. No. 44 The Mackay Harbour Board The whole 14 Acts Amendment Act of 1934 ” 3 Geo. VI. No. 44 The Harbour Boards Acts and The whole 32 Another Act Amendment Act of 1939 ” 6 Geo. VI. No. 9 44 The Harbour Boards Acts Amendment Act of 1941 ” The whole (ex­ cepting sections one, nineteen and the head-note thereto, and twenty, and the Schedule to that Act)

1955. HARBOURS. Harbours Act. F irst S chedule — continued. Year and Number of Act. Short Title. Extent of Repeal. 13 Geo. VI. No. 29 15 Geo. VI. No. 17 1 Eliz. II. No. 53 “ The Harbour Boards Acts and Another Act Amendment Act of 1949 ” “ The Harbour Boards Acts Amendment Act of 1951 ” “ The Harbour Boards Acts Amendment Act of 1952 ” The whole (ex­ cepting sections one, fifteen and the head-note thereto, and sixteen of that Act) The whole (ex­ cepting section one and ten of, and Schedules I. and II. to, that Act) The whole (ex­ cepting section one and section twenty-five (and the head-note to that lastmen- tioned section), of, and the First and Second Schedules to, that Act) 231

' [Section 10 ( 2 ) ] . HARBOURS. Harbours Act. 4 E liz . II. No. 40, 1 o d 55 * ao £ d r | Q d Sr r 3O -j * d I 2 “ rO s T w p § d “ O d 3 4 0 o C s£ ^ Q » ~ M 4 ® - 3 S O ° '* o £ l l+ 0 o303o ii ■£ a w _Q a 00 p O d 21 _ 0? j « d 3 E 0 H ad oq ,Sd o dO- d o ^ . - ■ + 5 t 0 O0> H J f - — P 0 P O 00 H > i oo § u 0 0 H ©3 -° s rO _ g _ rO aisH § ® ° a 2 .4 50 H a . C 4 O p2d aH-^ 00vSd 'S■ S O®nS 1 { 3 H C+ h „ © > T a -l t*-r > ©rr 2 t . <« .2 a '^ < 3 e — ® > cS 0 -43 3 ® •■§ 3 0 0 8) 2 | < p- P h 0 O § d> £ i* .§ * 0§ 5350> n * H ^ 0© 30* 20 g01© 0 § * " i p • + » O & c 0 d2= h O ' > 0 - o '■ 4 j £ ^ 2 r “ w O® 0 d ^ 3 & T J . 2© 4 ® • O a 3 - O - ’ 4 ir 2 ® 5 2 ^ 5 o Q , ^ f ' ® £ ’S r B “ o 2 5 tf 8 - T 4 d S dr dc > s3 6 l 5 j „ 3 r— ^ ’ h d0 e 20d O 0 j . j i ^ O- ^ - 4 ^ , 2 > 8 ® J d > ^ ^ A00 n 0 2 2 0 * « ^ ^ ® 2 l £*4m ^0 o a "§ ft ^ -s-S^s d ri _ — ^ 2 ^ t* o -, p d r - d j § 0-1 d _ c cj j, V ^ d _C ® 2 I ' . ® d ^ 0 .2 3 '-a a S; ■OQtw S^l; 0 ^ 2 10 3 a\s&13 » §)-i.-§L-s ‘ . > n a> d * Qr > Cd ,eod2 2o® ^ c 2 0* o 0 $ ' S econd S chedule . 'SK^I S l S t o *-i p f d f a it o Ji |®^^ • 00 gB|S | - d f| o « 5 p S ^ Js ' a S | 'S d Ig 2 « O id ^ r § j pd O 0 2 5 08 1 w 8 w • T r ! & f H ! t • . w § d o 4 »^ m ^ p ^ 2 n i O S SS a ' i' g P 2 bo i h a s - jg 2 dd ta 3'8a>itla2«a^ §1 8l|l «>•! § © § ® h § ► ©I i ©‘s 8 ss^5.g 1^5 d id H 1§ S O pO d 0 hrt H

1955. ► HARBOURS. Harbours Act. = . § d S 3 3- 1 rP 3 O O a dd Q T. •+ O H& cfo33S 3 tTaf 2 Cp C OJlOi- « 3+ < > r 3D j ^ 4£ 2S3• 5° ^ .• > £ » aJL E^d- © ^ o l1a® 8 *9 »149 I W 1 O OQ { d o Orl© a Q| o. a P * 4 ^ .d| ^ o r© >> w• aOsr© a§ 1 O A J 30© s £ O *■ C '■ a m Od r " - - ® o g H q llflil- ■g . 8 ® t 3-2 ®3 ° g 2 ® r©l © © gg ^ ^ p * “ ' O f g i Q > £ 2 b “ g o d j ^ ^ . O O o r©^^ ^ ^ ^ c8 © ^ TJ d 4-3 O aI EH d. 4 1 9 o e : S 1 4 5 >> 4 . - S m p ° P ' B < B § S 3 g B gjd p to ^ T , 183p i tq+ d § OHr' r 3g© d P. , 8® 2 Q; pQgd § d© • p4^d 5. p^ 2 O d Q c O ce Q « ^ p d d bo S o § a 2 d & ^ b 2 '§ -g | ^ o'd ©u'd O ri J|S^* o „ ©^ gp'g g -$££ S'g p^«5 2S ^2.3 d I cgpd 3 g^s ©^ 8« £.8 MS S j t .4 1 i

234 I a I HARBOURS. Harbours Act. 4 E liz . II. No. 40, ’ 1 S3 2 a O d o - £ g •a*8 TdH3 0J-2„ j r§ r© w % P h o a d H. M 43 S CO 0 W S © *a ^ © *3^ o rOPQ r^© ©©©©®J-I©©£ h © ^ . -°.a s-°.a J'a-S^’c l a l a ® i gjr C f o f ^ -4 - f 3 if f a u l gJ w ® p -4 d -3 a S a^ p £j» p -4 d 43 a 5 _ a^ r P § a +3 } ) > ; » I , 4 2 d od 3 „ « 4 o £ „ o« 3 M « I ^ Hs + J« 0 jj - ' I p s S e S 0 > d 2 M f r - 2 - ° 1© g j H 3£ M I * 4 * + o d. 3 H . d - ■ - ■4 . d d O 1 0 S § - 283B o S ' - ^ 4i y 0 0 O S ® - g ' 2 3 .* S i : - - j0 £ K . ^ S ' 3 2 o t . S > . t + § d o § v d % ' 3 J d « S > , ^ , S o 2 ' 0 t ® £ + 0S H 2 « * • d p > 4 ' ^ ' 2 § . d' S g ® * 3 0 o n 5 4 T ' 2 db < § 2 3 S 3 J D * ^ + o . ’ ^ . I 0® ® 2 3 0 > ~ ' 2 p £ ^ g - S g ^ § * ° g P g d ~ ' o ’ d T 2 4 S d s w 2 3 3 ) 5 - r 4 T a 0 o o 0b " 2^ 3 3 2 i j „ - i4 - - < - h L f 2 o w0 sg • 4 o O I* 3e H3 ~ d H * r p 4 o d § c j * 0© 3 d n 2 ~ ■ ) p , ^ 5 — ^ r 4 ^ o W£ o 2© ® § 2 3 H - ~ i . ^ < ^ ^ 4 - o H ^ a ’ £ a O £ 3 j ~ i c ob 00 1 < r ddD 82 D j * Sf P 4 9^ £ 0 - 3 H pf” 4dd O ^ 3 . b d m • p* C‘ «4O® 0 h ■ 2 u . £ k • > - pp : ^ O - da ® s2 g s t f i TJ l hh l 55 s » c^2a^ p4dgSd J 3 “ ’S 2a§^ ^ j3 j j- oid8 S I I© d2 s oH^" l t ^ O H c^ d4e ^ ■w4“ d3* | §| 4 S 3 ^ 00 c C 5 o O ©d o <T ^ t 43 pH 43 „ © op ■ P hr- l h - O H- f-i C b t- O O j r J O rl nd 5 P O5 h ^ j * j 0 a d 08 5 2 ^ r . ^ ' 2 | g | * d t d J[)4 S S 3 S H o M 1 *8*3g> h : • M I S I SP S -2 « 8-1 -I 2 ' Pi-d ^ « M P m 11 -s ^ •g dl8 § ► ^ , 0 r ^ ^ 0 - « g * ® ^ & Sd’ " .SdP-'3 ^ - d© p d p * 4 * d 3 ? H ■ ** ^ o m _ d d . - 3 d© e jf-ip.'sJa 1 ' 1 S 1 '0 a a. 1 2- a s' O 0 a 4 rs 3 d 4 o^ 3 -e2 ^ > a iip % P 4 £ 3 ©d M

1955. 1 HARBOURS. Harbours Act. • 1 58 a 2 OQ « cdj _ Q * 4 d 3 Isl 0£ d -g o d p O >> sli r 'S g J S T* 4 -3 W u o g ~ • S ® *3 J ®^H< O R D IS §a o >>a 1 _. s w ii * OQ all .fc s H I r ® d s A g c3 v Ug 9 " O © p© o© ^ 1 £ .& h g 3 ^ t*_r p c d q 43 ^ 4 o 2 cs g . T3 'S A o o ° ©-p'g c3 ® ?-t rj M T3 r ® —I 5l§ c 14 Z 8a.£pS ^ l-ssl^ .§>,3 •- 0£f ® g/> :s 1 tj 2 58 rQ >> r-3 .2a cS ^ © ^ § a a 43 r J h CS t' 4 o £ n C ^ +H t IS a -I ® H ■S 8 °jia- p© b O p© „ d C * p S Q a d ra i ! s p0 c d ® s Qp4 d3 235 p b d o d d■g dg g°'d ® go ■rj§- 032 t+H CS fl PH-'S ®“ § 5 © r—' s L 8§ a- rM § o doO ■ ^ a| ® o ^ . - a ag f 7 c dS h d ■ S g § ° . 4 S S^ £ S -3 P d a - ® O § s - a- 8 c f a g o a r J* ^ a ~ g ^ d H a• • cd ® & S3 S o1gO® g ^ si ' pO " dc t — S o i J ^ £ < « s c£S? § ^ 1 S a oH " S . 1 O1 • S 5o s H P f . < V £ « ® . l _ S , g , < ^ a ® 0 d « i- - g S S o I p < « . 4 i 2© O ® - s 1 P, h ' . 4^ e a d W sa 3 3 * g £ § ■§§ H ^ dj -g J ps H cs .g § > 1 cs 5 g 53 PH ® 9 "S ti § fe- fl:S “ * • p S s 4 > " 3 r « d ^ © s - § d *3 bo^ "g r^j t-^> ^ hDdrrj Js'Ss.gs^ a q . d o S q |fJ* , d bs 2 g d3l o f1 $ g s H b3-_f a b § § e - “ • « - a_ " d e g a 3i g • § d « | a O § d a - a ® d f P 4fl C 4 i® g 4 3 H . ® Ti d O - 5 S g 3 « § 2 w' CS ^4 w 3 i§ © hrt H

236 HARBOURS. Harbours Act. 4 E liz . II. No. 40, OrQ© a p H < £ + O H r * T ' ^ * p 4 " r = d O C § d s § c ^ ^ - 3 d 3 Q o 3 o d o J d T C 3 1 _ hp C j £ - - | Q 4 g £ 3 0 o m ~ § g ^ > 3 i A 1> ' _ > t ^ — M O c 3 O > ( ? £ d d m S f g * - el „ • * ^ _ . T r . ^ 4 d « Cc C < o 5© 3 g Cs 1 s 5 Oo 3 D b Q * 1 , ^ _ . l - G ^ 4 1 r 2 S ^ U s g 2 $ Q 3 Q d ~ . A * « - f j 4 H O o S 0 . H d o I H 0 p § c H rJ r n ^ ‘ T 3 ^ , + o & O c O b t § 3 2s d 3 3 o 6 q ^ Q D ~ * 3- T , ^ ® - C + ^ + 4 0 o ® C O o P § 8 - 3 3 3 O 3 i - - M r - ^ 3 S . 2 H H O 1 3 0 0 r h 8 i i. ^ 1 Tr - . S G “ c * D ® s O& a OO c ) Q - 1 T S ^ • r 4 ^ > £ ® £ 2 - d 3 ° 3 - s■ > ^ g ^ A a O o □ C § o fP P § § . O i i , U _ r p T • 4 4 ■ O « O 8 p O o H a§ O _ d 3 Q H 3 j D QQ Q g^ ) d p 4 ' 4 ' 4 ^ H r | ^ oo G r ° 3 3 3 3 3 J d > O j > ^ S •% . C g H d O D. 1*8 2•§’S’ 2.2:3 * * *§“<?! l!*|s rt t 3 J ■ § »£ ® ^ •* * ■33- 51 0 §-7 ^ 3 e+ o H - 8 C *J t h e ^ l d . . h d O a A O O ' x S P I^ M h OO .d Q d h £<5 Sot.?^ s §3:s\2£.S ■ ® w ^ 3 T 3 j - j M . © c 8 o 2 -a "£ S j ' t J sS | ^ fl §io ® ® «* ill*8^ I lliifi® W tf tlf1 .©53. , d^S^^drdd g^ S s 8 ® 8 ^ |- - f* a S . ^ - s 8 a ^ § a « i m MJ ^ aa, Ll g a S i 2 .aU £ S « g - 3s g *.13.3 Si*3 0*8®’S' 2 §fi &*'-§’§ ^ ! 3 . I o S d d P P * i . 6 m ? S ^r > I ^ 5 ^* T a b 3 3 JD- d H a I** i•^©•§ >»'S":5'§ 2 § 0'S)53 © §1 s i

1955. Members . Harbour Board District . Name and Limits of Harbour . Name of Harbour Board . HARBOURS. Harbours Act. P rj 0Q . 2 § * ; ' = i a3< t o4H s r© o2 ^ {zj 2 «* J | «* I « g (H ,§ f l ■ l .fc s ® ! a ■§ LJ fl '”© | ^ tad i> • O • Q • 2 Pfl r H fl ' © J=4 O rfl o O OQ <+-i * ^ 'S o' a§ w .SP | 0e- J8 o- g - A r©fl rfrjl OQ r© r©fl • q> 0rgfl go £ § • " OQ rfl rfl ^2 p P 02 +3 V O 2 ©^ § o A A rfl O g nfl *H S r g fl A fl - - g jh “■fl-Sl' ■a ^ . p g % o SS § OQ D r p x 3 Q P a «> * g & S w 5; P ’ . - s o * H S r e f 8 i l ^ » > ^ ® o. . » s* ^ g f ^ a ° g l r ' ^ r2 a 2 gt p r ^ ® S f f l l P 1 + 0 £ 0 3 3 2 ° t < o 0 ® . | ^ 9 . ^ S c O S h O m 3 Q JP n 0 A ^ p S g O . 5 J h q M C ^ e § 1 3 SOg „ H. a 9 f f 3 l l. ° T A fg § ~ J l ' ^ ! , 1 r f = 6f8 l lr ,' , P j S o D - r g O § fl A QQ 0 a fl 5 “■«” a -3 © . a ^ fl fl © A5 5-fl p ^ a © ^ o p © .£ to " ® 3 «H O m " Q g S _ « § 8 r rH O'W ° P OQ ^ © P5 'S — oq g g 8 o r© :3 PR r A OfQl r- H O f ff l ll r e A Of f Q t l rP fl § p oJ ®H •%£ ffi 4 8 C - Q 3 fA !> l iP ^ -i h fl 3 fA o 3 q lp O ^ A fl &p fl fl fl cH fl A O K>w •d rfl -fl bO o T h h > fl a I O fc^fl - S S o § pj ^ B A l p ! q | p ! O r ■+ f = l > s r | p c2- § fr , ^ C l f O 3 ^ Q d l r r W J - f A A S H l- « P M . 8 ® OAO .rf f A S_ l l •' o rr Q - 2 0 ! s . k o 5~ 3 . n - r 2f a C d d - l S J C ^ ^ r ^ ^ i b ' sa ^ O - r b s ' Isss-S fl ^ co r§ ’p rQ ©^ 8 " oas P h . pp ' - f i l t O H H COOi ■d bD bO bJOTi A fl fl fl fl ai^’l - .. .. A O rfl o 3‘”i I m 3 w 45 p0 fl P t> M 1 ^ a a ‘p a e-il-i r© A •T? A ^ ® I A o P = E h H H P otf a - > l I Of ' p A w t r l r - S pS f 5 l - ’Sf ® r el j r g r O O ® A f Q l t r 1 .S = _ r s f A3 t e P | ' - r P C O f^ m f l l I fl &§ 3 ' I B ft II ©w pH c3 rfl ^ EH caldine , Barcoo , Blackall , Diaman - tina , Ilfracombe , Isisford , Jericho , Longreach , and Tambo . 237

238 HARBOURS. Harbours Act. 4 E liz . II. No. 40, 1955. Members . Name B o o f ar H d . arbour N XT ame and Limi . , ts of _ T H T ar . bour . | T H T ar . bour _ Board _ Distri . ct . . t . * 2 H 2 g J - = C K 3 f g l . T " H g J T § f * l * 4 3 o O 8n Se o g a 'T* ' X o P ^ w h ^ r H f a 3l r H ® * - O g - 0 d 0 «+ ^ H o 5- q , O ° p d 0§ g 1§ -S Jw ^ >» B i g ! 11 1 a '■§o 11 w^ s©® rt 2* s a H e+ 3 4© a K** © f a fi S r I j SP'S *3 ri ®*'0 5P C <£, a 2 ® ■§ 1 T , Sd n 2 3 J „ O 4 o £ ® oE _ « T ' aS * d " i g . J T S q C _ § 3 P g £ ^ * p 5 ^ ^ 0 d >p * E ^ . d 2 ° S J H * L p^ 1f ^ § l Od 1— ^ J Ta?fl) j g * H> ■© ° ♦=! g ; ® H 5© ° H J . J> £ * g l -• = ' _ p e e s d d g 3 g ' s- _ s ° r0o2 > 5 : . 53 ^ ^ & o© £ • a a - ^- “ i - s a h i— a i ®; 2 j a ® ” ««-'« 'S s ~ s * O4Q * *H = - e CO gS 3- W O 2 ^® d§ ’S w TO '« • S § 2 8 ® I 5 ’ T g g « c « 3 ‘ - J « ± O g O ® J 'S P s I * M • a§ 8 ' - Tgg) , . : J ^ a p 3 8 § * B, la *43 *3 -2 | .S O S Q P^ p ® '& g' g £ d p ( O D « r ^ P ^ e J g ^C p S r Q j dSO^Q 43J© o43J© O tS)r& pfifflptl dadr^ g 4gK3 SO O ^ fS - §^3 I -I ~eg o „ 6L £ t g j r Q g s ^ 4 .§ °« j§ | ^ s •s m +2 a s 05 t« o f 5 S 3 - ° =» T « 5 H o S « ■“ o a gog 3 S® ____ll’ISo- = .a'P<2 3-g’p g i 5 H w ^ ^ r^ f fl i *r p -l Q O O ^P *d n § P S h ^ ^ «21^liJdgl d© d fl ^ 4 o 3 p U d )T3 h ^ m " © ft ^ ° r f d l " 4e 2 3g '"^ Ce e g g g «+ S -( a° 83 S *a jf» a n ^ • • MS gd ^ p > d©^ eg .© O S 4 nw O2 H 3 d . ' W ph ' ) ^ i r p + ^ = p h d > - ^ 4 S d 2 O 3 5 ’ p h ^ — . h d l p ed H s d g 5 l d g5 - S a^ l = 43 . & ^ f S g p o ^ pH - 4 a s 3© p ^ Q / p > jn ^ f 4 l p 0 3 S d ^ S ^ ^ ^ o ^ ^ Q O W j d f < l 3 p p ^ d c ^ f g l , t ° a a« d d d eg - • IS a s gS pe « dg o O § i • S 43 ’lll a i- :S i 4 o 2-5 -SI ud jsg'i- S 52 8 2-0a S“ £ | g§ § § r2§^ * J © ^3 d i—i & 43 4^ ^ pd © TS a& > o dW ^ s a eg rd w H