Harbours Acts Amendment Act of 1966 (Qld)

208 ANNO QUINTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 29 of 1966 An Act to Amend " The Harbours Acts, 1955 to 1964," in certain particulars [ASSENTED TO 21ST DECEMBER, 1966] 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 1966." (2) Principal Act. " The Harbours Acts, 1955 to 1964," 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 1966."

Harbours Acts Amendment Act of 1966, No. 29 209 2. Amendment of s. 8 (1). Subsection (1) of section eight of the Principal Act is amended by inserting , after the definition " Master the following definition:- "MMeemmbbeerr "-In relation to a Harbour Board, includes the members thereof who are respectively its chairman and deputy chairman;". 3. Repeal of and new s. 21. The Principal Act is amended by repealing section twenty-one and inserting in its stead the following section:- " [21.] Term of office . (1) Subject to this Act, every member of a Harbour Board, whether an elective member or a non-elective member, shall hold office as a member for the term prescribed by subsection (2) of this section. (2) The term of office of every member of the Harbour Board who is elected or appointed for the purpose of constituting the Harbour Board in the first instance or afresh in any third year shall- (a) commence on the date when the constitution of the Harbour Board in the first instance or afresh, as the case may be, is completed; and (b) end on the date when the next following constitution of the Harbour Board afresh is completed. For the purposes of this subsection the constitution of the Harbour Board, whether in the first instance or afresh in any third year, shall be completed when the whole number of its members at the time in question has been respectively elected or appointed. (3) Subject to this Act a member shall be eligible to be re-elected or re-appointed as a member of the Harbour Board and, subject to re-election or re-appointment as a member, the member who is the chairman or deputy chairman of the Harbour Board shall be eligible for re-appointment to that office." 4. Repeal of s. 22 . The Principal Act is amended by repealing section twenty-two. 5. Amendment of s. 24 (1). Subsection (1) of section twenty-four of the Principal Act is amended by omitting the second proviso and inserting in its stead the following proviso:- " Provided further that a member of a Harbour Board shall not be disqualified from his office or, in the case of the member who is the chairman or deputy chairman, from either of his offices by reason of receiving any fee or allowance pursuant to section forty-eight or subparagraph (i) of section ninety-nine of this Act." 6. Amendment of s. 28. Section twenty-eight of the Principal Act is amended by adding the following subsection:- " (4) (a) A member of a Harbour Board holding the office of chairman or deputy chairman thereof may, pursuant to subsection (1) of this section, resign that office without affecting his office as a member.

210 Harbours Acts Amendment Act of 1966, No. 29 (b) A member of a Harbour Board holding the office of chairman or deputy chairman thereof who resigns his office as a member shall upon and by virtue of such resignation be deemed to resign office as such chairman or, as the case may be, deputy chairman. (c) Upon and by virtue of the vacation pursuant to subsections (2) or (3) of this section of his office as a member of a Harbour Board by the member who is the chairman or deputy chairman thereof his office as such chairman or deputy chairman, as the case may be, shall also become and be vacant." 7. Repeal of and new s. 30. The Principal Act is amended by repealing section thirty and inserting in its stead the following section:- " [30.] Term of office of member appointed to All extraordinary vacancy . The term of office as a member of a Harbour Board of a person elected or appointed under the provisions of section twenty-nine of this Act shall commence on the date of his election or appointment and shall end on the date when the term of office of his predecessor would have ended if the vacancy had not occurred and, subject to this Act, such person shall hold office as a member of the Board accordingly." 8. Amendment of s. 37. Section thirty-seven of the Principal Act is amended by adding the following words " or, in the case of the person acting as chairman, by reason of any error or defect as hereinbefore mentioned in this section in relation to his membership of the Board or of his having acted as chairman without due appointment or authority." 9. Amendment of s. 65 (3). Subsection (3) of section sixty-five of the Principal Act is amended by omitting the words " forty years ", where appearing in paragraph (b), and inserting in their stead the words " seventy-five years ". 10. Amendments of s. 94 . Section ninety-four of the Principal Act is amended by,- (a) in subsection (1), omitting the word " Upon" and inserting in its stead the words " Subject to the provisions of subsection (IA) of this section, upon "; (b) repealing subsection (la) and inserting in its stead the following subsection:- " (lA) Notwithstanding the provisions of this Act or of any other Act where- (i) land has been reclaimed from the sea or from the waters of any harbour (including any navigable river) or from any tidal water under a permission or authority duly granted before the commencement of " The Harbours Act of 1955 "; or (ii) the terms and conditions upon which the relevant authority to reclaim was granted pursuant to the provisions of 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 authorized after its reclamation from the water and compliance with all other terms and conditions upon which such authority was

Harbours Acts Amendment Act of 1966, No. 29 21.1 granted and provide for 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 in question, or, as the case may be, the part thereof in question and upon surrender of its or his 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 empowered to make) 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 in question so reclaimed to the Harbour Board, Local Authority or, as the case may be, other person who, having been duly authorized, reclaimed such land or part- - - (i) in a case referred to in provision (i) aforesaid of this subsection, at a purchasing price agreed upon between the Minister and the proposed purchaser or, failing agreement upon such price within six months after negotiations with respect thereto commenced, at a price determined by the Land Court; (ii) in any other case, at the purchasing price provided for in the terms and conditions of such authority to reclaim and, if a purchasing price has not been provided for therein in respect of the part proposed to be sold, then at a purchasing price fixed by the Governor in Council as a fair proportionate amount of the purchasing price therein provided for; or (b) issue to the Harbour Board, Local Authority or, as the case may be, other person who, having been duly authorized, reclaimed such land or part a Perpetual Lease referred to in section one hundred and eighty of " The Land Acts, 1962 to 1965," of the land or the part thereof in question at the capital value provided for in the terms and conditions of such authority to reclaim and, if a capital value has not been provided for therein in respect of the part proposed to be leased, then at a sum fixed by the Governor in Council as a fair proportionate amount of the capital value therein provided for. In relation to the exercise of a power conferred on him by paragraph (a) or (b) of this subsection the Governor in Council may exercise the powers conferred upon. him by sections six to ten (both inclusive) of " The Land Acts, 1962 to 1965 " and, if he is of the opinion that the reclaimed land proposed to be dealt with under this subsection or any part thereof may conveniently be included with other land held howsoever from the Crown by the Harbour Board, Local Authority, or, as the case may be, other person, 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 purpose of the issue of a fresh instrument of title as aforesaid in respect of the reclaimed land or part as aforesaid as well as such other land and, notwithstanding anything contained in any other Act, such directions shall be sufficient authority for the issue of a fresh instrument of title accordingly and effect shall be given thereto. The provisions of section one hundred and eighty-eight of " The Land Acts, 1962 to 1965 " shall, subject to the terms and conditions of the authority to reclaim pursuant to which the land in question was reclaimed, apply to a Perpetual Lease issued under paragraph (b) of this subsection.

212 Harbours Acts Amendment Act of 1966, No. 29 Where part only of reclaimed land is dealt with as prescribed by this subsection the remainder of such land which, at the time such part was so dealt with, could have been dealt with as prescribed by this subsection shall be dealt with by the Governor in Council as prescribed by subsection (1) of this section." 11. Amendment of s. 98 . Section ninety-eight of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (2A) The following provisions shall, but without limit to the power and authority to make by-laws, be applicable to the making of by-laws, namely- (a) without limiting the generality of the powers conferred upon the Harbour Board or the Harbours Trust by this Act, the powers to control and regulate shall (notwithstanding that specific provision in that behalf is not prescribed in relation thereto) include powers to license, or to refuse to license, or to prevent or prohibit, and either generally for or in respect of the matter thereof or for or in respect of any class or classes of such matter as defined by by-laws; (b) additionally to the specific powers in that behalf prescribed by subsection (2) of this section, a by-law may provide for the issue or making of licences, registrations or permits to or with respect to persons and property, including the mode of application therefor, the manner of their grant or transfer, and the duration, renewal and cancellation or suspension thereof, and for the payment of reasonable licence, registration and permit fees; (c) a by-law may grant or delegate to the chairman or any member or members or officer or officers of the Harbour Board or Harbours Trust the power to sign, seal or sign and seal notices, orders or agreements, the power to issue, sign, sign and seal, renew, revoke, cancel or suspend licences, permits, authorities, or consents which the Harbour Board or Harbours Trust is entitled to issue, sign, seal, sign and seal, revoke, cancel or suspend, the power to sign letters, receipts and other documents, and to do or perform any act, deed or thing necessary, ancillary or incidental to the carrying out of the powers and duties of the Harbour Board or Harbours Trust; (d) a by-law may prohibit unlicensed persons from doing, executing or interfering with any work, act, matter or thing required or enabled to be done or executed in relation to any person, or land, or premises, or any two or all of them, in respect of any function of the Harbour Board or Harbours Trust." 12. Amendment of s. 114 . Section one hundred and fourteen of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:-- " (1) A Harbour Board shall cause such books to be provided and kept and true and regular accounts to be entered therein in respect of each and every transaction of the Board as shall be prescribed or, in so far as not prescribed, required by the Auditor-General who with respect to such accounts shall have and may exercise all the powers and authorities conferred upon him by " The Audit Acts, 1874 to 1965," and the regulations thereunder."

Harbours Acts Amendment Act of 1966, No. 29 213 13. Amendment of s. 117. Section one hundred and seventeen of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) The Minister on the recommendation of the Auditor-General may from time to time appoint some person holding or persons respectively holding a certificate of registration as a public accountant under " The Public Accountants Registration Acts, 1946 to 1963," or some officer or officers of the Department of the Auditor-General, to be the auditor or auditors for a Harbour Board." 14. (1) New s. 162. The Principal Act is amended by repealing section one hundred and sixty-two and inserting in its stead the following section:- [162.1 (1) Protection of persons acting in pursuance of Act. Any thing done by the Minister, a Harbour Board or any person in or as an incident in performance of a duty imposed by this Act or exercise of a power conferred by this Act and done in good faith and without negligence shall not render the Crown, Minister, Harbour Board or person concerned liable in respect thereof. (2) No compensation for loss of access. Notwithstanding the provisions of this Act or of any other Act, where access to the sea, any harbour or tidal water is taken away or hindered by the construction of any harbour works under the authority of this Act there shall be no right to compensation therefor in any person. (3) Limitation of action. An action other than one wherein the damages sought consist of or include damages in respect of the death of or personal injury to any person shall not be brought- (a) on account of any thing done or omitted or intended to be done or omitted purportedly in compliance with or under the authority of this Act; or (b) against a Harbour Board on account of any thing done or omitted, unless- (c) such action is commenced within six months after the cause of action accrued save where it is brought for recovery of, encroachment upon or trespass to land; and (d) at least one month prior to such commencement there was given to the Harbour Board against which or person against whom such action is brought a notice in writing containing- (i) an explicit and clear statement of the nature of such action and the cause thereof; and (ii) the full name and place of residence of the person intending to commence such action and the name and place of business of his solicitor or agent, if any. Upon the hearing of an action to which the provisions of paragraph (d) of this subsection apply the person who brought the same shall not be permitted to go into evidence of any cause which is not stated in the prescribed notice. A notice given in purported compliance with this subsection shall be deemed to be a proper notice notwithstanding any inaccuracy therein unless the court seised of the action for the purpose of which such notice was given is of opinion that such inaccuracy was made therein for the purpose of misleading the Harbour Board to which or person to whom

214 Harbours Acts Amendment Act of 1966, No. 29 such notice was given or that such Harbour Board or person has been prejudiced by such inaccuracy or by the cumulative effect of a number of such inaccuracies. (4) Obligation of litigants , &c. As and when required by a Harbour Board against which an action is or is to be brought on account of personal injury to any person, a legally qualified medical practitioner appointed by such Board shall be permitted by the person alleged to have been injured and by all other persons concerned to examine the person alleged to have been injured and such assistance and information shall, upon his request, be made available to him as may be necessary or desirable to enable him to ascertain the nature and extent of any injury in question. As and when required by a Harbour Board against-which an action is or is to be brought on account of damage to property, a person appointed by such Board shall be permitted by the plaintiff or, as the case may be, intending plaintiff and all other persons concerned to inspect the property alleged to have been damaged and such assistance and information shall, upon his request, be made available to him as may be necessary or desirable to enable him to ascertain the value of the property alleged to have been damaged, the nature and extent of any damage and the amount (if any) expended in remedying such damage. (5) Effect of non-compliance with subsections (3) and (4). A court shall give judgment for a Harbour Board against which or for a person against whom is brought- (a) an action to which any provision of subsection (3) of this section applies if that provision has not been complied with; (b) an action to which any provision of subsection (4) of this section applies if that provision has not been complied with unless the court is satisfied there was reasonable excuse for such non-compliance. (6) Tribunal in action for death , &c. Every action brought in the Supreme Court against a Harbour Board and wherein the damages sought consist of or include damages in respect of the death of or personal injury to any person (which death or injury has occurred after the passing of " The Harbours Acts Amendment Act of 1966 ") shall be heard and determined by a judge without a jury. (7) Defence of tender . A Harbour Board and any person who, in doing the act or making the omission which has initiated the cause in issue between such Board or person and any other person who claims damage has thereby been suffered, has acted as agent or servant of a Harbour Board may, subject to this subsection, tender before action amends to such claimant, his solicitor or agent and, if such tender be not accepted may, in any action brought by such claimant against such Board or person for such cause, subject as aforesaid, plead such tender before action notwithstanding that the damages which may be awarded in such action are unliquidated. The provisions of this subsection do not apply where damages sought are unliquidated and in respect of the death of or personal injury to any person or damage to property. (8) Meaning of °G action ". In this section the term " action" means any proceeding at law of whatsoever nature."

Harbours Acts Amendment Act of 1966, No. 29 215 (2) Retrospective application of s. 162. Section one hundred and sixty-two of the Principal Act, as enacted by subsection (1) of this section, shall apply, according to its terms, to actions commenced, but not completed, before the passing of this Act in lieu of the section repealed by that subsection as well as to actions commenced on or after the passing of this Act.