Harbours Acts Amendment Act of 1959 (8 Eliz Ii No. 11) (Qld)

282 HARBOURS. Harbours Acts Amendment Act . 8 E liz . II. No. 11, HARBOURS. 8 N E o l . iz 1 . 1I. I. An Act to Amend “The Harbours Acts, 1955 to T he H arbours A cts 1956,” in certain particulars. A mendment A ct of 1959. [A ssented to 6 th A pril , 1959.] 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:— Short title. 1. (1.) This Act may be cited as “ The Harbours Acts Amendment Act of 1959.” Principal (2.) *“ The Harbours Acts, 1955 to 1956,” are in Act. this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Harbours Acts, 1955 to 1959.” Amendment 2. Section thirteen of the Principal Act is amended of s. 13. by adding to subsection three thereof the following paragraph:— “ (/) So long as “ The Corporation of the Treasurer of Queensland ” as constituted by the Minister continues to be the Harbours Trust under and within the meaning of this Act, the Minister, as such Corporation, from time to time may exercise the power of delegation conferred upon the Trust by this subsection three and for the purpose the said subsection shall be read as though— (i.) The words “, with the prior approval in all cases of the Minister,” were deleted from paragraph (a) thereof; (ii.) The words “, and shall if and when so directed by the Minister,” were deleted from paragraph (c) thereof; and (iii.) The words with the prior approval in all cases of the Minister,” were deleted from paragraph (e) thereof.” 4 Eliz. 2 No. 40 and amending Acts.

HARBOURS. 283 1959. Harbours Acts Amendment Act. 3. Section twenty-three of the Principal Act is repealed and, in lieu of that repealed section, the following “ 23 ^ section is inserted :— “ [23.] (2.) Every adult person (whether male or female) who resides within the Harbour Board District membership constituted for the election of the elective members of a °f Harhcmr Harbour Board, and who under this Act is qualified to oar ' be enrolled on the Voters’ Roll, and who is not disqualified as prescribed by section twenty-four of this Act, shall be qualified to be nominated as a candidate and elected or to be appointed and, in either case, to act as a member of the Harbour Board but only so long as such person continues to be qualified as hereinbefore prescribed by this section, and subject otherwise to this Act. ' (2.) For the purpose of this section, the Voters’ Roll shall, in relation to the election otherwise than by the electors or appointment at any time of a person to be a member of a Harbour Board, be the roll or rolls which, were that person then to be elected by the electors, would, pursuant to provision (ii.) of subsection three of section twenty-six of this Act, be used as and deemed to be the Voters’ Roll under and for the purposes of this Act subject, if the proviso to the said provision (ii.) applies in the case, to such eliminations and corrections as are necessary.” 4. Section fifty-six of the Principal Act is amended— AmBndmBnts (i.) By repealing the words “ two hundred and fifty pounds ”, where appearing in the first paragraph of that section, and inserting, in lieu of those repealed words, the words “ five hundred pounds ” ; (ii.) By inserting, after the first paragraph of that section, the following paragraph :— “ Except in cases of emergency, a Harbour Board shall not enter into any contract for the execution of any work or the furnishing of any goods or materials to an amount exceeding two hundred and fifty pounds but not exceeding five hundred pounds, unless and until the Harbour Board has, in such manner and to such extent as will in its opinion ensure the receipt by it of the greatest number, invited and given opportunity for the making of quotations.” ; and

284 HARBOURS. Harbours Acts Amendment Act. 8 E liz . II. No. 11, (iii.) By repealing the second paragraph of that section and inserting, in lieu of that repealed paragraph, the following paragraphs :— “ The Harbour Board may accept the tender or quotation which on a view of all the circumstances appears to it to be the most advantageous, or the Harbour Board may decline to accept any of the tenders or quotations. The Harbour Board may take security for the due performance of any contract to an amount exceeding five hundred pounds.” Aofms.en5d9.ment amen5d.ed( 1. b)ySreecntiuomnbefirfitnyg- ntihneat osfectthioen PasrinsucbipsaelctiAonctonise thereof and by adding to that section as so renumbered the following subsection :— “ (2.) Whenever the Harbour Board deems it necessary so to do for the purpose of preserving, maintaining, improving or cleansing the harbour for which it is constituted or of constructing, managing or maintaining any harbour works in relation to that harbour, it may, with the approval of the Governor in Council by Order in Council published in the Gazette, contribute from the Harbour Fund or, as the case may be, the Loan Fund in aid of the undertaking and maintenance or the undertaking or maintenance of any works by a Trust constituted by and under *“ The Burdekin River Trust Acts, 1940 to 1956.” Any such contribution made by a Harbour Board prior to the enactment of this subsection and notwithstanding that it was so made without the approval of the Governor in Council as aforesaid is hereby authorised, validated, ratified and confirmed.” (2.) The amendment made by this section to the Principal Act shall be deemed to have been so made on the commencement of the Principal Act, and to the extent necessary to give effect to this subsection, this Act shall operate retrospectively. 4 G. 6 No. 5 and amending Acts.

HARBOURS. 285 1959. Harbours Acts Amendment Act. amen 6 d . edS— ection sixty-two of the Principal Act XS Aofmse. n6d2m. ents (i.) By adding to subsection one thereof the following provisoes :— “ Provided that no such approval shall be necessary for any such acquisition by purchase, lease or otherwise of any such lands, any such easements in or over any lands, or any such earth, rock, stone, clay, gravel, sand or other material off, from or out of any land where the consideration payable therefor by the Board does not exceed the amount of two thousand pounds Provided further that no such approval shall be necessary for the taking under *“ The Public Works Land Resumption Acts, 1906 to 1955,” as modified by this section, of any such lands or any such basements in or over lands, where the unimproved value of the subject land for the purposes of f“ The Local Government Acts, 1936 to 1958,” or The City of Brisbane Acts, 1924 to 1958,” does not exceed the amount of one thousand pounds.” ; and (ii.) By inserting in that section, after subsection one thereof, the following subsections :— “(fa.) Notwithstanding anything to the jcontrary in this Act, a Harbour Board may from time to time acquire by purchase, lease or otherwise industrial lands which adjoin the harbour for which it is constituted or any land vested in or held otherwise by the Board under this Act as the Board deems necessary and may, with the consent of the Minister, so acquire industrial lands which, in the opinion of the Minister, are situated in reasonable proximity to that harbour or land vested in or held otherwise by the Board under this Act. (lb.) Notwithstanding anything in this Act or any other Act, and upon the surrender by the Board of its right, title, estate and interest, if any, under the Crown in the land in question (which surrender a Harbour Board is hereby permitted and empowered to make), the Governor in Council, in the name of Her Majesty, may sell to a Harbour Board for an estate in fee simple, upon such terms and conditions, whether as to purchasing price or otherwise, as the Governor in Council deems * 6 E. 7 No. 14 and amending Acts, f 1 G. 6 No. 1 and amending Acts. X 15 G. 5 No. 32 and amending Acts.

286 HARBOURS. Harbours Acts Amendment Act. 8 E liz . II. No. 11, fit, the whole or part of any Crown land vested in or held howsoever by the Board otherwise than for an estate in fee-simple and designated pursuant to this Act as industrial land. In furtherance of the powers conferred by this subsection (lb.) the Governor in Council shall have and may exercise in relation thereto all of the powers conferred upon him by sections six to nine, both inclusive, of *“ The Land Acts , 1910 to 1958,” or, if he is of the opinion that all or any portion or portions of the land so sold to the Board may conveniently be included with other land held from the Crown in an instrument of title of the like kind to the instrument of title whereunder that other land is held from the Crown, he may give all such directions as may be necessary for the purposes of the issuing of a fresh instrument of title as aforesaid comprising the land so sold as aforesaid as well as such other land, and notwithstanding anything contained in any other Act or law such directions shall be sufficient authority for the issuing of a fresh instrument of title accordingly and effect shall be given thereto.” New s. 62 a . 7. The following new section numbered 62 a is inserted after section sixty-two of the Principal Act:— Designation of purpose “ [62 a . ] ( 1.) A Harbour Board shall, within three for which months after the enactment of f“ The Harbours Acts blayndBsoharedld. Amendment Act of 1959,” designate all pieces or parcels of land vested in or held howsoever by it according to the purpose for which such land is vested in or held by the Board, and thereafter shall, within thirty days of the acquisition (whether by purchase, lease or otherwise) or taking by, demising to or vesting in, the Board of any piece or parcel of land, so designate that piece or parcel of land. (2.) All such land vested in or held otherwise by the Board shall be designated, pursuant to this section, as— (a) Harbour lands, that is to say, lands required or likely to be required for use in or in connection with the harbour for which the Board is constituted; or * 1 G. 5 No. 15 and amending Acts. | This Act.

HARBOURS. 1959. Harbours Acts Amendment Act. (b) Industrial lands, that is to say, lands suitable for manufacturing, industrial or business purposes, the use and development of which for all or any such purposes would, in the opinion of the Board, be likely toj improve the trade of the harbour (in this Act referred to as “ industrial lands ”). (3.) The designation of any land by a Harbour Board pursuant to this section shall be subject to the confirmation of the Minister. The Minister may remit any such decisio n to the Board for further consideration. The Minister may confirm, rescind or Alter the decision of the Board as to such designation, and the decision of the Minister shall be final and conclusive and shall be deemed for all purposes of this Act to be the decision of the Board. Nothing in this subsection shall be read as affecting or limiting howsoever the provisions of subsection five of this section. (4.) A Harbour Board shall, within thirty days of the initial designation, pursuant to this section, of the lands vested in or held by it, provide the Minister with a return showing the description of the land and the designation thereof as aforesaid together with such further information concerning the land as the Minister may require and thereafter the Board shall, within thirty days of the designation, pursuant to this section, of any land acquired howsoever or taken by, or demised to or vested in, it, provide the Minister with a return showing full details of the acquisition, taking, demising or vesting, as the case may be, the description of the land and the designation thereof as aforesaid. The Board shall forthwith furnish to the Minister any further information in connection with the acquisition, taking, demising or vesting and the designation as the Minister may require. The provisions of subsection three of section forty-seven of this Act shall with all necessary adaptations be applicable to any such returns. (5.) A Harbour Board may, with the consent of the Governor in Council, alter the designation, pursuant to this section, of lands vested in or held otherwise by it.” 287

288 HARBOURS. Harbours Acts Amendment Act. 8 E liz . II. No. 11, Amendments 8. Section sixty-four of the Principal Act is °fs. 64. amended— (i.) By adding to subsection one of that section the following proviso :— “ Provided further that no such approval of the Minister shall be necessary to the leasing by a Harbour Board of any land (other than land lying below the line of high water mark) vested in or held howsoever by it and designated pursuant to this Act as industrial lands.” ; and (ii.) By inserting in that section after subsection two thereof the following subsection :— “ (2a.) A Harbour Board in any lease granted by it under this section may covenant with the lessee, subject to the lessee observing all the terms and conditions of the lease, for the renewal of the lease if so required by the lessee before the determination of the term thereof. Any such covenant may provide for the insertion in any renewed lease of such a covenant for the renewal thereof: Provided that the aggregate of the terms of original lease and of any new lease or leases granted by way of renewal or further renewal thereof, pursuant to any such covenant or covenants, shall not exceed the maximum term for which a lease of the subject land might be granted under this section.” Amendments 9. Section sixty-five of the Principal Act is ofs'66' amended— (i.) By renumbering that section as subsection one thereof; (ii.) By inserting in the second proviso to subsection one thereof (as renumbered by this section) after the words “ for a longer term than one year ”, the words and commas “, other than a renewal of such a lease or license approved by the Governor in Council or pursuant to a covenant for the renewal thereof,” ; and (iii.) By adding to that section the following subsection :— “ (2.) A Harbour Board in any lease or license granted by it under this section may covenant with the lessee or licensee, subject to the lessee or licensee observing all the terms and conditions of the lease or

HARBOURS. 289 1959. Harbours Acts Amendment Act. license, for the renewal of the lease or license if so required by the lessee or licensee before the determination of the term thereof. Any such covenant may provide for the insertion in any renewed lease or license of such a covenant for the renewal thereof: Provided that the aggregate of the terms of original lease or license and of any new lease or license or leases or licenses granted by way of renewal or further renewal thereof pursuant to any such covenant or covenants shall not exceed twenty-one years.” 10. Section sixty-six of the Principal Act is Readme11*8 amended—- (i.) By renumbering that section as subsection one thereof; and (ii.) By adding to that section as so renumbered the following subsection :— “ (2.) Notwithstanding anything to the contrary in this Act, a Harbour Board may at any time sell, assign or otherwise transfer for an estate in fee-simple any land (other than land lying below the line of high water mark) held by the Board for an estate in fee-simple not subject to any Trust, and designated pursuant to this Act as industrial land. The Board shall, within thirty days of any sale, assignment or transfer otherwise to which this subsection applies, provide the Minister with a return showing full details of such sale, assignment or transfer and the description of the subject land. The Board shall forth­ with furnish to the Minister. any further information in connection with the sale, assignment or transfer as the Minister may require. The provisions of subsection three of section forty-seven of this Act shall, with all necessary adaptations, be applicable to any such returns.” 11. Section seventy-one of the Principal Act is Amendment amended by inserting, after subsection five thereof, the of s. 71. following subsection:— “ (5 a .) Whenever the Harbour Board dee: ms it necessary so to do for the purpose of constructing, managing or maintaining any harbour works, it may, with the approval of the Governor in Council by Order in

290 HARBOURS. Harbours Acts Amendment Act. 8 E liz . II. No. 11, Council published in the Gazette, contribute from the Harbour Fund or, as the case may be, the Loan Fund in aid of the construction and maintenance, or the construction or maintenance, of any road or part of a road by a Local Authority pursuant to the provisions of *“ The Local Government Acts, 1936 to 1958 Repeal of 12. Section seventy-five of the Principal Act is as.n7d5n. ew repealed and the following section is inserted in lieu of that repealed section :— Removal of “ [75.] (1.) (a) If any vessel, aircraft or other thing svuensskeelsn, o&rc. , whatsoever, whether of a like nature or not— stranded, &c. (i.) Is, before or after the enactment of this section, cast, placed, left, sunk, stranded or abandoned; or (ii.) Is, or is likely to become, in the opinion of the Harbour Board, a danger to navigation, in or on any harbour, the Harbour Board may— (A) Remove such vessel, aircraft or other thing in such manner and to such place as it deems satisfactory; or (B) Give notice in writing to the owner of such vessel, aircraft or other thing, or to the agent of the owner, that he is required, within a time specified in the notice, either to remove such vessel, aircraft or other thing in a manner and to a place satisfactory to the Board, or to undertake, under security satisfactory to the Board, to remove the vessel, aircraft or other thing in a manner and to a place satisfactory to, and within a time to be fixed by, the Board. (b) Where the person to whom such a notice has been given fails within the time specified in the notice to remove the whole of the vessel, aircraft or other thing in a manner and to a place satisfactory to the Board or to enter into such an undertaking as aforesaid to remove the same, or having undertaken to remove the vessel, aircraft or other thing fails to remove it in accordance with his undertaking, the Board may remove the vessel, aircraft or other thing (or any part thereof in question) in such manner and to such place as it deems satisfactory. * 1 G. 6 No. 1 and amending Acts.

HARBOURS. 1959. Harbours Acts Amendment Act. (2.) (a) The Board may recover from the owner and agent or either of them by action in any court of competent jurisdiction the expenses incurred in removing the vessel, aircraft or other thing, or any part thereof (in this subsection referred to as “ the expenses of removal ”), or, in an appropriate case, reimburse itself out of the security given and, if the expenses of removal are not thus fully satisfied, recover the balance not so reimbursed by action in any court of competent jurisdiction from the owner and agent or either of them but so that the Board shall not be entitled by virtue hereof to recover more than the full amount of any such expenses or, as the case may be, the full balance thereof not reimbursed as aforesaid. (6) The Board may, for the purpose of removal, destroy the vessel, aircraft or other thing, or any part thereof, and may remove and take possession of the vessel, aircraft or other thing, or any part thereof, and may sell the same ; and may out of the proceeds (if any) of the sale, without any reference to the part of the vessel, aircraft or other thing from the sale of which those proceeds may accrue, reimburse itself for the whole of the expenses of removal and of the sale, and shall after reimbursing itself pay over the surplus (if any) to the owner or the agent of the owner. (c) If the proceeds of the sale are insufficient to pay the whole expenses of the removal and the sale, the Board may recover the balance in any court of competent jurisdiction from the owner and agent of the owner of the vessel, aircraft or other thing or either of them but so that the Board shall not be entitled by virtue hereof to recover more than the full balance of any such expenses. (3.) (a) If any vessel, aircraft or other thing whatsoever whether of a like nature or not is, or is likely to become, in the opinion of the Minister, a danger to navigation in or on any harbour, the Minister may by notice in writing direct the Harbour Board to take or cause to be taken within a time specified in the notice all such steps as may be necessary to remove such vessel, aircraft or other thing in a manner and to a place satisfactory to the Minister and any Harbour Board to whom such a direction has been given shall, for the 291

292 HARBOURS. Harbours Acts Amendment Act. 8 E liz . II. No. 11, purpose of complying with that direction, have all the powers conferred by subsections one and two of this section and may exercise the same accordingly. (b) If the Board fails in any respect to comply with such a notice, the Minister may take or cause to be taken all such steps as may be necessary to remove the vessel, aircraft or other thing (or any part thereof in question) in such manner and to such place as he deems satisfactory and for that purpose shall have and may exercise all the powers conferred upon a Board by subsections one and two of this section and the provisions of the said subsections one and two shall, with and subject to all necessary adaptations, extend and apply accordingly. (c) Without in any way limiting the powers conferred upon the Minister by paragraph (6) of this subsection the expenses of removal and all other expenses incurred by the Minister, or any person by his direction or authority, in pursuance of this subsection upon any default of the Board or, where the vessel, aircraft or other thing, or any part thereof, is sold, then any balance thereof not recovered, shall be recoverable from the Board, with full costs of suit, as a debt due to the Crown but so that the Minister shall not be entitled by virtue hereof to recover more than the full amount of any such expenses. (4.) If any vessel, aircraft or other thing whatsoever whether of a like nature or not— (а) Is, before or after the enactment of this section, cast, placed, left, sunk, stranded or abandoned; or (б) Is, or is likely to become, in the opinion of the Minister, a danger to navigation, in or on any tidal water or foreshore outside the limits of any harbour the Minister may by notice in writing direct some person to take or cause to be taken all such steps as may be necessary to remove such vessel, aircraft or other thing to a place and in a manner satisfactory to the Minister and the person so directed shall have and may exercise all the powers conferred upon a Board by subsections one and two of this section and the provisions of the said subsections one and two shall, with and subject to all necessary adaptations, extend and apply accordingly.

HARBOURS. 293 1959. Harbours Acts Amendment Act. (5.) (a) For the purposes of this section the following terms shall have the meanings respectively assigned to them, that is to say:— “ Owner ”—Includes— Owner. (i.) The owner of the vessel, aircraft or other thing whatsoever whether of a like nature or not at the time of the casting, placing, leaving, sinking, stranding or abandonment thereof; (ii.) The owner of the vessel, aircraft or other thing whatsoever whether of a like nature or not at the time of the removal, or the giving of a direction or notice for the removal, thereof by the Minister, a Board, or by a person authorised or directed by the Minister; and (iii.) Any person who whilst the vessel, aircraft or other thing whatsoever whether of a like nature or not remains cast, placed, left, sunk, stranded or abandoned, or after the giving of a direction or notice pursuant to this section for the removal of the same, purchases the vessel, aircraft, or other thing or the material of which the same ip or was composed; Vessel, aircraft or other thing whatsoever Vessel, whether of a like nature or not ”— I ^berthing The vessel, aircraft or other thing together with ^eth^Tof a the tackle thereof and the goods (if any) uke nature therein or thereon.” " or not. 13. Section eighty of the Principal Act is amended— ^eg^ment8 (i.) By repealing the third paragraph of that section (being the paragraph commencing with the words “ If the Special Lease is issued ”); (ii.) By renumbering the said section eighty as so amended as subsection one of that section; and (iii.) By adding the following subsection to the said section eighty as so amended and renumbered:— “ (2.) Where a Special Lease of land lying below high water mark is granted in pursuance of this section on condition that the land is reclaimed from the water,

294 HARBOURS. Harbours Acts Amendment Act. 8 E liz . II. No. 11, the Governor in Council, without limiting the conditions that he in his discretion may impose, may grant with or without competition the lease subject to special conditions providing for— (i.) The reclamation from the water of the land in order to render it fit for manufacturing, industrial, residential or business purposes ; (ii.) The time within which the reclamation work shall commence and the rate of progress which must be observed by the lessee during each year of a specified period of the lease ; (iii.) The tenure under which the land or part thereof may be subsequently granted to the lessee after its reclamation from the water and compliance with any other conditions of lease, and the purchasing price to be paid for the freehold thereof or the capital value to be charged under Perpetual Lease, whichever may be granted. Notwithstanding anything in this Act or any other Act upon satisfactory reclamation from the water of the land or any part thereof, and upon surrender of the existing Special Lease either wholly or in respect of the part in question of the land, as the case requires, the Governor in Council may— (a) In the name of Her Majesty sell for an estate in fee-simple the land or the part thereof so reclaimed to the lessee at the purchasing price set out in the conditions of the Special Lease and, if no purchasing price has been specifically set out in the conditions of such lease in respect of the part so reclaimed and proposed to be sold, then at a sum fixed by the Governor in Council as a fair proportionate amount of the total purchasing price so set out; or (b) Issue to the lessee of the Special Lease a Perpetual Lease under section one hundred and twenty-one of *“ The Land Acts, 1910 to 1958,” at the capital value set out in the conditions of such Special Lease and, if no * 1 G. 5 No. 15 and amending Acts.

HARBOURS. 295 1959. Harbours Acts Amendment Act. capital value has been specifically set out in the conditions in respect of the part so reclaimed and in respect of which a Perpetual Lease is to be issued, then at a sum fixed by the Governor in Council as a fair proportionate amount of the total capital value so set out. In furtherance of the powers conferred by paragraph (a) and paragraph (h) of this subsection the Governor in Council shall have and may exjercise in relation thereto all of the powers conferred ujpon him by sections six to nine, both inclusive, of *“ The Land Acts, 1910 to 1958,” or, if he is of the opinion that all or any portion or portions of the reclaimed land may conveniently be included with other land held howsoever from the Crown by the lessee of the Special Lease in an instrument of title of the like kind to the instrument of title whereunder that other land is held from the Crown, he may give all such directions as may be necessary for the purposes of the issuing of a fresh instrument of title as aforesaid comprising the reclaimed land as aforesaid as well as such other land and notwithstanding Anything contained in any other Act or law such directions shall be sufficient authority for the issuing of a fresh instrument of title accordingly and effect shall be given thereto. Where part only of the reclaimed land is to be sold or leased as hereinbefore specified in this subsection, the Governor in Council may reserve the remainind part or any portion thereof for a public purpose within the meaning of *“ The Land Acts, 1910 to 1958,” or otherwise deal therewith under the provisions of the said Acts. Where any person has prior to the enactment of this subsection been granted a Special Lease pursuant to this section over land lying below high water mark on the condition that it is reclaimed from the water, the lessee thereof may, upon surrender of the existing Special Lease, be granted without competition a new Special Lease pursuant to this section of such land subject to all or any of the aforementioned special conditions.” 14. Subsection three of section eighty-one of the Amendment Principal Act is amended by repealing therein the words of 81 ^ “ in pursuance of this section ”. 1 G. 5. No. 15 and amending Acts.

296 HARBOURS. Harbours Acts Amendment Act. 8 E liz . II. No. 11, Aofmse.nd8m6 e(n3)t. Princ1ip5a.l SAucbtseisctaiomnentdheredebyofinsseecrttiionng, eiinghptayr- asgixrapohf ( thv.e) thereof, after the words “ extends any harbour works ”, the words “ or other works oAfmse. nd89me(n1t) . Princ 1 ip 6 a . l SuAbcstectiisonamoneendoefd sebcytionrepeiegahlitnyg-ninthee ofthtihred paragraph thereof (being the paragraph commencing with the words “ Upon a failure to comply ”) and by inserting, in lieu of that repealed paragraph, the following paragraph:— “ Upon a failure to comply with the direction given by a notice as aforesaid and without prejudice to any proceedings which may be taken upon such failure, or where, the Minister deeming fit, such a notice is not given, the Minister may take all such steps and do all such things as he deems necessary for the repair of the same or for the abatement and removal of the works or structure and the restoration of the site thereof to its former condition as nearly as practicable, and may recover all costs and expenses incurred by him in the exercise of these powers from— (i.) The owner or occupier or other person responsible for, or for the maintenance of, the works or structure at the time of giving of a direction by notice as aforesaid for the repair of the same or, as the case may be, for the abatement and removal of the works or structure; (ii.) The owner or occupier or other person responsible for, or for the maintenance of, the works or structure at the time of the repair of the same, or, as the case may be, the abatement and removal of the works or structure, by the Minister; and (iii.) The person who at any time subsequent to the repair thereof by the Minister becomes the owner or occupier or other person responsible for, or for the maintenance of, the works or structure, or from any of them by action as for a debt in any court of competent jurisdiction but so that the Minister shall not be entitled by virtue hereof to recover more than the full amount of any such costs and expenses.”

HARBOURS. 297 1959. Harbours Acts Amendment Act. 17. Section ninety-one of the Principal Act is Amendment amended by adding to subsection two thereof theofs'91' following paragraph:— “ (d) Without limiting the terms and conditions that he in his discretion may impose, the Governor in Council may grant the authority to reclaim under this subsection two subject to terms and conditions providing for— (i.) The reclamation from the water of the land in order to render it fit for harbour, manufacturing, industrial, residential or business purposes; (ii.) The time within which the reclamation work shall commence and the rate of progress which must be observed by the Harbour Board, Local Authority, or other person so authorised during each year of a specified period; (iii.) The tenure under which the land or part thereof may be subsequently granted to the Harbour Board, Local Authority, or other person so authorised after its reclamation from the water, and compliance with any other terms and conditions under which such authority is granted, and the purchasing price to be paid for the freehold thereof or the capital value to be charged under a demise in perpetuity whichever may be granted.” 18. Section ninety-four of the Principal Act is Amendment amended by inserting after subsection one thereof the of s'94' following subsection:— “ (la.) Notwithstanding the provisions of this Act or of any other Act where the terms and conditions upon which the authority to reclaim was granted pursuant to section ninety-one of this Act provide for the tenure under which the land or part thereof might be subsequently granted to the Harbour Board, Local Authority, or other person so authorised after its reclamation from the water, and compliance with any other terms and conditions under which such authority was granted, and

298 HARBOURS. Harbours Acts Amendment Act. 8 Euz. II. No. 11, the purchasing price to be paid for the freehold thereof or the capital value to be charged under a demise in perpetuity, whichever might be granted, then upon satisfactory reclamation from the water of the land or any part thereof, and upon surrender of his or its right, title, estate, and interest (if any) under the Crown in the land or the part thereof in question (which surrender a Harbour Board is hereby permitted and empowered to make), the Governor in Council may— (а) In the name of Her Majesty sell for an estate in fee-simple the land or the part thereof so reclaimed to the Harbour Board, Local Authority, or other person, as the case may be, who, having been duly authorised, reclaimed such land or part thereof at the purchasing price set out in the terms and conditions of such authority to reclaim and, if no purchasing price has been specifically set out in such terms and conditions in respect of the part so reclaimed and proposed to be sold, then at a sum fixed by the Governor in Council as a fair proportionate amount of the total purchasing price so set out; or (б) Issue to the Harbour Board, Local Authority, or other person, as the case may be, who, having been duly authorised, reclaimed such land or part thereof a Perpetual Lease under section one hundred and twenty-one of “ The Land Acts, 1910 to 1958,” at the capital value set out in the terms and conditions of such authority to reclaim and, if no capital value has been specifically set out in the terms and conditions in respect of the part so reclaimed and in respect of which a Perpetual Lease is to be issued, then at a sum fixed by the Governor in Council as a fair proportionate amount of the total capital value so set out. In furtherance of the powers conferred by paragraph (a) and paragraph ( b ) of this subsection the Governor in Council shall have and may exercise in relation thereto all of the powers conferred upon him

HARBOURS. 1959. Harbours Acts Amendment Act. by sections six to nine, both inclusive, of *“ The Land Acts, 1910 to 1958,” or, if he is of the opinion that all or any portion or portions of the reclaimed land may conveniently be included with other land held howsoever from the Crown by the Harbour Board, Local Authority, or other person, as the case may be, in an instrument of title of the like kind to the instrument of title whereunder that other land is held from the Crown, he may give all such directions as may be necessary for the purposes of the issuing of a fresh instrument of title as aforesaid comprising the reclaimed land as aforesaid as well as such other land, and notwithstanding anything contained in any other Act or law such directions shall be sufficient authority for the issuing of a fresh instrument of title accordingly and effect shall be given thereto. Where part only of the reclaimed land is to be sold or leased as hereinbefore specified in this subsection, the Governor in Council shall deal with the remaining part in accordance with the provisions of subsection one of this section.” , 299 19. Section one hundred of the Principal Act is Amendment amended by adding thereto the following subsecjtion :—ofs‘ 100‘ “ (3.) It is hereby declared that, pursuant! to the power to make by-laws conferred thereon by this Act, a Harbour Board or the Harbours Trust has, and always has had, power from time to time to repeal, rescind, revoke, amend, alter, vary or otherwise modify any by-law and, in the case of the Harbours Trust, any regulation continued in force by and under paragraph (ix.) of section four of this Act and any repeal, rescission, revocation, amendment, alteration, variation or modification otherwise of any such by-law or regulation made prior to the enactment of this subsection is hereby authorised, validated, ratified and confirmed accordingly. Any such by-law or, as the case may be, regulation as so amended, altered, varied or otherwise modified shall, subject to the said paragraph (ix.), continue in force and apply for the purposes of this Act as if it were a by-law made hereunder.” * 1 G. 5 No. 15 and amending Acts.

300 HARBOURS. Harbours Acts Amendment Act . 8 E liz . II. No. 11, Amendment 20. (1.) Section one hundred and twenty of the of s. 120. Principal Act is amended by adding to subsection three thereof the words “ subject however to any amendment therein or thereof made subsequent to the commencement of this Act ”. (2.) The amendment made by this section to the Principal Act shall be deemed to have been so made on the commencement of the Principal Act, and to the extent necessary to give effect to this subsection, this Act shall operate retrospectively. Amendments 21. (1*) Section one hundred and thirty-four of of s. 134. the Principal Act is amended— (i.) By inserting in subparagraph (i.) of the first paragraph of subsection one of that section, after the words “ British possession not a Commonwealth country, or ”, the words “, save any vessel carrying passengers or cargo, or both passengers and cargo for hire or reward, any vessel (ii.) By repealing subparagraph (vii.) of the first paragraph of subsection one of that section ; (iii.) By repealing the proviso to subsection one of that section (being the proviso beginning with the words “ Provided that the benefit of this subsection shall not ”); and (iv.) By repealing in subsection five of that section the definition “ Commonwealth country ” and by inserting, in lieu of that repealed definition, the following definition :— “ “ Commonwealth country ”—means a country (other than Australia) which is a member of the British Commonwealth of Nations, including any Commonwealth country other than Australia ; and includes every territory for whose international relations the Government of any such country is responsible (2.) The provisions of paragraph (ii.) and paragraph (iii.) of subsection one of this section shall not come into operation until the first day of July, one thousand nine hundred and fifty-nine.

HARBOURS. 301 1959. Harbours Acts Amendment Act. 22. Section one hundred and. thirty-nine of the ^vrtesj 139 Principal Act is repealed and the following section 6 ' is inserted in lieu of that repealed section :— “ \139.'\ ( 1 .) Where a wharf, whether in a harbour Governor in or not, or other harbour work is the property of the have power.” Crown or any Crown corporation or instrumentality, or ^Harbour corporation or instrumentality representing the Crown, respect of the Governor in Council shall, with respect to that wharf Government or other harbour work, have all the powers and mayother °r do all the things that a Harbour Board has or may do harbour under this Act with respect to its wharves or otherwor ' harbour works within the harbour for which it is constituted. (2.) No Harbour Board shall, with respect to any such wharf or other harbour work as aforesaid, exercise any of the powers given by this Act to a Harbour Board, except with the prior consent of the Governor in Council given by Order in Council published in the Gazette. (3.) Without limiting the general power to make regulations conferred by section one hundred and sixty-three of this Act, regulations may be made under that section in relation to any such wharf or other harbour work as aforesaid providing for all or any of the matters or things in respect whereof a Harbour Board, in relation to its wharves or other harbour works within the harbour for which it is constituted, is by this Act empowered to make by-laws.” 23. Section one hundred and forty of the Principal Amendments Act is amended— of s-140' (i.) By inserting in subsection one thereof— (а) After the words “ in a harbour or not ”, the words “ or other harbour work ” ; and (б) After the words “ is the property of the Crown ”, the words “ or any Crown corporation or instrumentality, or corporation or instrumentality representing the Crown ” ; (ii.) By inserting in subsection three thereof, after the worc^s 4< Every wharf ”, the words “ or other harbour work ” ’ :

302 HARBOURS—HOLIDAYS. Centenary, Etc., Holiday Act. 8 E liz . II. No. 15, (iii.) By, in subsection four thereof,— (а) Repealing the words “ dues and rates ” and inserting, in lieu of those repealed words, the words “ dues, rates and charges ” ; and (б) Inserting after the word “ wharf ” where that word twice appears, the words “ or other harbour work ” ; and (iv.) By inserting in subsection six thereof— (a) After the words “ power of the Grown ”, the words “ or any Crown corporation or instrumentality, or corporation or instrumentality representing the Crown ” ; and (b) After the words “ deal with any wharf ”, the words “ or other harbour work ”. HIDE, SKIN AND WOOL DEALERS. See M ercantile L aw . HOLIDAYS. 8 E liz II. An Act to Make Provision for a Public Holiday to No. 15. T he C entenary Commemorate the Centenary of the State of of THE S tate of Q ueensland Queensland. H oliday A ct of 1959. [A ssented to 9 th A pbil , 1959.] B E it enacted by the Queen’s Most Excellent Majesty, 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:— short title. 1. This Act may be cited as “ The Centenary of the State of Queensland Holiday Act of 1959.” Centenary 2. In commemoration of the Centenary of the of Queens*6 State of Queensland, Thursday, the tenth day of land holiday December, one thousand nine hundred and fifty-nine, appointed, ghau foe observed and kept throughout Queensland as a holiday.