Harbours Acts Amendment Act of 1962 (11 Eliz Ii No. 8) (Qld)

779 @ueettslaub ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE ••••••• t t t t t t t t t t t t t t t t t. t t t t t t t t t ~ t t t. t t t t t t t t. t t I No. 8. An Act to Amend "The Harbours Acts, 1955 to 1959," in certain particulars [ASSENTED TO 27TH MARCH, 1962.] 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:- 1. (1.) This Act may be cited as "The Harbours Short title. Acts Amendment Act of 1962." (2.) "The Harbours Acts, 1955 to 1959," are in this Principal Act referred to as the Principal Act. Act. (3.) The Principal Act and this Act may be (:ollootive collectively cited as " The Harbours Acts, 1955 to 1962." title. 2. Subsection one of section twenty-four of the Amendment Principal Act is amended by, in paragraph (e) of the ofs. 24 (I). first proviso, omitting the words " two hundred pounds " and inserting in their stead the words "five hundred pounds".

780 Harbours Acts Amendment Act 11 Euz. II. No. 8, Aofmse. n6d2m(e1n) , ts Princ 3 ip . aSluAbcstecistiaomn enodneed bofy- section sixty-two of the (a) Repealing the words " with the prior approval of the Minister " ; and (b) Repealing the provisoes (being the provisoes added to that subsection by section six of" The Harbours Acts Amendment Act of 1959 "). aR s. ne 6 dp 5 en . aelwof sixty4-f.ivTe haenPdriinncseiprtailnAg,ctinis laimeuenodfetdhbaty rreeppeeaalleindgsseeccttiioonn, the following section : - gP & ro c aw . n , etoruftsoe, may " g [ r 6 a 5 n . t ] b (1 y .) leSausebjoecr tlticoenthsies tsheectiuosne aorHoacrbcuopuartBioonarodf w Q & a . c H r . e . h B o . uses, laannyd) w, arewhoourksess, , bucirladninesg,s, wwheairgvhebsri( dogtehse, r thmanachwihneasr,f A s. c 6 t 3 (1 (4 8 ) 9 . 2), bcoynvite, nioern, ciens, aapnpdropapripaltieanccaessesb, ealonnygipnogrttioonotrheprreoovfi,deadt such rents and on such terms and conditions as may be agreed upon. (2.) A lease or license granted by a Harbour Board under this section may contain- (a) A covenant that, subject to the lessee or licensee observing all the terms and conditions of the lease or license, the Harbour Board will renew the lease or license if thereunto required by the lessee or licensee before the determination thereof ; or (b) Both the covenant mentioned in paragraph (a) of this subsection and a further covenant that the lease or license granted pursuant thereto will contain the same covenant. (3.) A Harbour Board shall not grant a lease or license under this section- (a) For a longer term than one year without the prior consent in writing of the Minister ; or (b) For a longer term than forty years, but the aggregate of the terms of the original lease or license and of any new lease or license or new leases or licenses granted by way of renewal or further renewal thereof, pursuant to any covenant or covenants referred

1962 Harbours Acts Amendment Act 781 to in subsection two of this section, shall not exceed the maximum term for which a lease or license of the subject property might be granted under this section. ( 4.) A lease or license under this section shall specify the purposes for which the property comprised in the lease or license may be used by the lessee or licensee and shall be deemed to contain covenants by the lessee or licensee- (a) That he will not use any property comprised in the lease or license for any purpose not specified therein without the prior consent in writing of the Minister ; (b) That he will not assign the lease or license without the prior consent in writing of the Minister; (c) That he will not permit or allow any other person to use any property comprised in the lease or license for any purpose (whether a purpose specified in the lease or license or not) without the prior consent in writing of the Minister. Upon breach of any of the covenants deemed by this subsection to be contained in a lease or license the Harbour Board may, and shall if thereunto directed by the Minister, determine the lease or license. (5.) For the purposes of this section the terms " lessee " or " licensee " include any person upon whom the lease or license devolves by operation of law or any person to whom the lease or license is lawfully assigned." 5. The Principal Act is amended by inserting ~ew s. 105A after section one hundred and five the following section : - mserted. " [105A.] (1.) Subject to this section a Harbour ~hort term Board may from time to time invest upon security mvestments. moneys which are temporarily surplus in any of its funds with any authorised and approved dealer. (2.) For the purposes of this section the expression "authorised and approved dealer" means a person- (a) Who is an authorised dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort ; and (b) Who is approved by the Governor in Council by Order in Council published in the Gazette. 26

782 Harbours Acts Amendment Act 11 ELIZ. II. No. 8, (3.) Any and every security in respect of any investment referred to in this section shall be held by either the Harbour Board or to the account of the Harbour Board by the Reserve Bank of Australia. The Harbour Board shall obtain and keep a safe custody receipt in respect of any and every such security held to its account by the Reserve Bank of Australia." o A f m s. en 1 d 7 m 9. ent Princ 6 i . paSleAcctitoins aomneendheudndbryedomainttdingsefvroenmtys-unbinpearaogfratphhe {ii) of subsection one the words "Replacements Fund" and inserting in their stead the words'' Replacement and Reserve Fund ". :T:~;r 7. Section one hundred and eighty of the Principal s. 1so. Act is repealed and in its stead the following section is inserted :- Retaoement "[180.] (1.) For the purposes of providing a reserve ~serve for the replacement as and when necessary of facilities Fund• for loading sugar in· bulk for the control, management, operation and maintenance of which it has entered into arrangements under this Part as well as for any other purposes relating to the provision, extension or improvement of, or addition to, such facilities The Sugar Board shall establish a " Replacement and Reserve Fund''. (2.) The Sugar Board shall pay into the Replacement and Reserve Fund in each year- {a) An amount equal to one per centum of the capital value, as determined by the Minister having regard to the recommendation of The Sugar Board, of the facilities for loading sugar in bulk for the control, management, operation and maintenance of which it has entered into arrangements under this Part ; or (b} Such other amount as may, having regard to the recommendation of The Sugar Board in that behalf, be approved by the Minister, whichever is the greater.

1962 Harbours Acts Amendment Act 783 (3.) There may be paid from the Replacement and Reserve Fund- (a) All costs incurred by The Sugar Board in the replacement as and when necessary of the facilities referred to in subsection one of this section; (b) All costs incurred by The Sugar Board for any work, project, undertaking or service, for a purpose for which the Replacement and Reserve Fund is established other than the replacement of the facilities for loading sugar in bulk but no payment for any such work, project, undertaking or service shall be made from the fund without the prior approval in writing of the Minister. (4.) The Replacement and Reserve Fund established Transitional. under this section shall be deemed to be in continuation of the Replacements Fund established under section one hundred and eighty of "The Harbours Acts, 1955 to 1959," and any moneys standing to the credit of the Replacements Fund immediately prior to the commencement of" The Harbours Acts Amendment Act of 1962" shall be transferred to and form part of the Replacement and Reserve Fund."