Harbours Acts Amendment Act of 1964 (Qld)

303 (t tteeztsIttttNt ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 30 of 1964 An Act to Amend " The Harbours Acts, 1955 to 1963," in certain particulars [ASSENTED TO 14TH APRIL, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as " The Harbours Acts Amendment Act of 1964." (2) Principal Act. " The Harbours Acts, 1955 to 1963," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Harbours Acts, 1955 to 1964." 2. New s. 183A inserted . The Principal Act is amended by inserting, after section one hundred and eighty-three, the following section:-- " [183A.] Additions to or extensions of facilities for loading sugar in bulk . (1) In respect of a harbour for which the Harbours Trust is the Harbour Board, references in this section to the Harbour Board shall be deemed to refer to the Harbours Trust.

304 Harbours Acts Amendment Act of 1964, No. 30 (2) Where the Sugar Board desires additions to or extensions of the facilities for loading sugar in hulk provided in respect of any Harbour by the Harbour Board therefor, The Sugar Board and such Harbour Board may negotiate and, with and subject to the prior approval of the Minister, enter into an agreement for the construction by such Harbour Board of such additional or extended facilities. The aforesaid parties shall submit the agreement as drafted according to their negotiations to the Minister and they shall respectively furnish to the Minister in respect thereof all such information and particulars as he may require. (3) The Minister, in his absolute discretion, may- (a) Approve of any draft agreement submitted to him under subsection (2) of this section; (b) Approve of such a draft agreement subject to such alterations, amendments or other modifications thereof as he shall specify; or (c) Refuse to approve of such a draft agreement. (4) The Sugar Board and any Harbour Board may enter into an agreement to which this section applies subject to and in accordance with the approval of the Minister but not otherwise. (5) Where a Harbour Board and The Sugar Board have entered into an agreement approved by the Minister under this section, the Harbour Board may, subject to and in accordance with the agreement, construct the additional or extended facilities for loading sugar in bulk the subject of the agreement. (6) The capital cost of the construction of additional or extended facilities for loading sugar in bulk which are constructed by a Harbour Board under the authority of this section 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." The Minister for Primary Industries 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 this subsection. (7) With respect to additional or extended facilities for loading sugar in bulk provided in respect of any harbour, under the authority of this section, this Part shall apply with and subject to the following modifications :- (a) Sections one hundred and seventy-one, one hundred and seventy-two, one hundred and seventy-three, one hundred and seventy-four and one hundred and seventy-five shall not apply; (b) Paragraph (ii) of subsection (1) of section one hundred and seventy-six shall not apply; (c) Paragraph (i) of subsection ( 1) of section one hundred and seventy-nine shall not apply; and (d) Section one hundred and eighty-three shall not apply, and, additionally to the aforesaid modifications, the provisions of this Part shall be read with and subject to all such adaptations as are necessary to apply those provisions as prescribed by this subsection.

Harbours Acts Amendment Act of 1964, No. 30 305 (8) The agreement made by The Sugar Board with a Harbour Board under this section may provide, in relation to the additional or extended facilities for loading sugar in bulk the subject of such agreement, the arrangements prescribed by section one hundred and seventy-six of this Act as modified by subsection (7) of this section or those arrangements may be made separately: Provided that the period in respect of which such arrangements shall be made shall be the balance still to run as at the completion of the additions or extensions of the period of ninety-nine years wherefor the arrangements prescribed by section one hundred and seventy-six of this Act have been made in respect of the facilities in question."