Kerosine Storage Act 1873 (SA)

ANNO TRICESIMO SEPTIMO

A.D. 1873,

No. 11.

An Act to provide f o ~ the scfe keeping qf Kerosine Oil and other

substances of a like nature.

rAssented to, 18th December, 1873.1

HEREAS it is expedient to provide for the safe keeping of Preamble.

therefore Enacted by the Governor of the Province of South Aus-	W Kerosine Oil, and of other substances of a like nature-Be it
tralia, with the advice and consent of tbe Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited as the Kerosine Storage Act, 1873." ShorhtitIe.

2. In this Act the following words shall, except where inconsis- Interpretation of

tent with the subject-matter or context, have the meanings in this certain words.

section assigned to them respectively, that is to say-

" Municipality" means any city, town. district, or place incorpo- "Municipality."

rated or to be incorporated under The Municipal Corpora-

tions Act, 1861," or any Act amending the same:

" Ship" includes every description of vessel used in navigation, "Ship!'

and whether propelled by oars or otherwise:

"Kerosine" means and includes all rock oil, Burrnah oil, ' '~erodne."

Rangoon oil, camphine, and any product, or combination of any of them; and also any oil made from petroleum, kero- sine, coal, shale, schist, peat, or other bituminous substance,

and any product or combination thereof.

B 3, From

Keroeine to be landed	3. From and aRer the first day of Janus~y,	one thousand eight
within flve days

after ship'a arrival at	hundred and seventy-four, the person for the time being in command
wharf.	of any ship which, having kerosine ou board, comes alongside of or within one hundred yards of any wharf, pier, or jetty in the Pro- vince, shall within seven days afterwards eanse ao much at least of such kerosine as is in excess of two hundred gallons to be landed.
Any such person who omits to comply with the provisions of this
section shall be liable to a penalty not exceeding One Hundred Pounds, and so much of the kerosivle remaining on board such shia at the expiration of the prescribed time as is i n excess of two h&- dred gallons shall be liable to be forfeited, and may, while on board, be seized and landed by or by the directions of the Inspector of Kerosine, or any Assistant Inspector of Kerosine, and conveyed to some proper place, in conformity with the provisions of this Act; but this clause shall not apply to any wharf, pier, or jetty on the River Murray or Lake Alexandrina.
Kerosine, when
landed, to be removed	4. From and after the first day of January, one thousand eight containing kerosine, which is landed at or upon any wharf, pier, or jetty within the Province, shall, before sunset on the day on which
before sunset from	hundred and seventy-four, every case, tin, barrel, or other vessel
the wharf,
i t is landed, be removed from such wharf, pier, or jetty.

Every such case, tin, barrel, or other vessel which is not removed therefrom within the prescribed time may, together with the contents thereof, be seized, and be removed therefrom by or by the directions of the Inspector of Kerosine or any Assis- tant Inspector of Kerosine, and shall be liable 'to be forfeited,

-

and the consignee of such kerosine shall also be liable to a penalty not exceeding Two Shillings for every gallon thereof which has not been removed from such wharf, pier, or jetty within the prescribed time.

It shall be lawfi.11 for the Inspector of Kerosine, and for every

Assistant Inspector of Kerosine, a t any time between sunset

on one day and sunrise on the next to enter upon any private

wharf, or jetty within the province; on 6 6 c h he believes there is kerosine, and to remain there so long, and do all such acts, and bring thereon all such persons as may be necessary for the performance of his duties under this Act; and every person who prevents, or tries to prevent, any such Inspector or Assistant Inspector from entering or remaining upon any such wharf, pier, or jetty, or in any way obstructs any such Inspector or Agsistant Inspector in the performance

of his dutie~, &all be deemed to have cdiktrhitted an offence

against this Act, and shall be liable to a pnal ty not exceeding

Fifty Pounds for every such offence:

is clause contained shall be construed to

ing-place not within the boundaries of any

owner thereof for the prpoge of landing

*

57" V~CTOR~&, NO. 11. 81

The Xerosine Stomye Act -- 1 873.

5. From and after the first day of January, one thousand eight Storage of kerosine in

hundred and seventy-four, every house, warehouse, storehouse, shop, largo quantities.

&ed, or other building, cellar, or other excavation, yard, or other

place situate within the bouudaries of any municipality, or within

one hundred yards of any such boundary, and in which a quantity

of kerosine in excess of fifty gallons is kept, stored, or placed a t

one and the same time, must be well ventilated; and all kerosine

therein in excess of fifty gallons must be kept stored and placed

below the level of the ground surrounding or adjoining such house,

warehouse, storehouse, shop, shed, or other building, cellar, or other

excavation, yard, or other place; but in no case shall the quantity

so kept, stored, or placed exceed five hundred gallons at one time:

Provided that the Inspector of Kerosine may, from time to time, license specially any detached and suitable building as and for a kerosine store exclusively, and such licence from time to time, at his discretion, may revoke; and during the continuance of such licence it shall be lawful for any person or persons to store kerosine therein, although the quantity so stored may exceed five hundred gallons.

Every person keeping or storing kerosine in contravention of this section shall be liable to a penalty not exceeding Two Shillings for every gallon thereof kept, or stored, or placed in contravention of this section; and dl such kerosine may, together with every case, tin, barrel, or other vessel containing it, be seized, removed, and forfeited, as hereinafter is provided.

6. From and nfter the first day of January, one thousand eight Quuantiw of kerosine

hundred and seventy-four, no person shall have or keep at one and ~ '~"ntOcOnNmp-

the same time, in one and the same building, or place situati: within

the boundaries of my municipality, or within one hundred yards

of any such boundary, more than fifty gallons of kerosine for the

purpose of private consumption.

7. No person, while in that part of any house, warehouse, store- Prohibition

house, shop, shed, or other building, or while in any cellar or other smoking or using matches or artificial

excavation, yard, or other place in which kerosine is then kept or lightsin plaoes

stored for any purpose othcr than that of private consumptinn, shall

smoke any tobacco or opium, in any pipe or other manner, or strike

or use any light, or use any luciikr match, or any other match,

substance, or thing, for the purpose of thereby striking or procuring a light for any purpose; and every person who sldl do any act in contravention of this or the next preceding section, shall be liable

to a penalty of not exceeding Five Pounds for each such offence.

8. It shall be lawful for any Justice of the Peace for the search-

Province, upon demand made to him by the Inspector of Kerosine,

Or any Assistant Inspector of Kerosine, and upon the oath of such

demandant that he has good rearon to believe that kerosine is kept

Btored or placed in contravention of this Act in any specified

house, warehouse, atorehourre, shop, shed, or other building, cellar, or ,

other

The Kerosine 8tor.nge Act.-1 873.

other excavation, yard, or other place, or ia any ship, to issue a, warrant or warrants under his hand, authorizing such demandant and such (if any) other persons as the Justice issuing the same shall think proper, to enter between sunrise and sunset, on any day or days named in such warrant or warrants, such specified house, warehouse, storehouse, shop, shed or other building, cellar or other excavation yard or other place, or such ship, and to search there for kerosine kept stored or placed in contraventiou of this Act, and the person or persons named in that behalf in such warrant or warrants may after entry remain there so long as shall be reasonably necessary for the proper performance of his or their duties under this Act; and may, if he or they think proper, upon finding there any kerosine kept stored or placed, in contravention of this Act, seize it, and every case, tin, bnrrel, or other vessel containing it, and remove the same with all convenient speed to such proper places, in conformity with the provisions of this Act, as they or he shall think fit, and may detain the same until it shall be adjudged on the hearing of any information or complaint, as hereinafter mentioned, whether the same shall be forfeited.

Such person or persons shall not, nor shall any of them, be liable to any action or suit for such seizure, removal, or deten- tion, or for any loss of, or damage which may happen to, such kerosine cases, tins, barrels, or vessels, save by the wilful acts or neglect of himself or themselves, or of some other person or persons, to whom he or they entrust the keeping thereof.

Any person who refuses to admit into the house, warehouse, storehouse, shop, shed, or other building, cellar, or other excavation, yard, or otber place, or the ship specified in such warrant or warrants, the person or persons, or any of the persous named therein, and showing him or her such warrant or warrants, when asked to show the same, and

named in such warrant or warrants fkom making or pro-

requiring permission to enter in pursuance thereof; or who in any manner prevmts, or tries to prevent, any person

secuting his or their search in pursuance thereof, or in auy manner obstructs him, or them, or any of them, in the per- formance of his or their duties under this Act, shall be deemed to have committed zn offence against this Act and shall be liable to a penalty not exceeding Fifty Pounds for every such offence.

Appointment of In- spector of Kerosine, 9. The Governor may appoint, from time to time, an Inspector

and Assistant Inspec- of Kerosine, and as many Assistant Inspectors of Kerosine as may

*; prosecutm. be deemed necessary for carrying out effectively the provisions of

this Act, and to cancel any such appointment or appointments; and every pergoon who holds any office or employment under the Crown, and who shall be appointed to the office of Inspector of Kerosine or Assistant Inspector of Kerosine, shall accept such office and perform the duties appertaining thereto.

Eveg

37" VICTORIB, No. 11.

The Kerosine Storage Act.-1873.

Every prosecution for an offence against this Act may be coni- menced ahd completed in a summary way by information or complaint under the Ordinance No. 6 of 1850, ia the name and by or on the behalf of the person who is Inspector of Kerosine, or in the name and by or on the behalf of the person who is Assistant Inspector of Kerosine for the Municipality in which such prosecution may be carried on at the time when such prosecution is instituted, so long as he continues to hold that office, and no such prosecution shall lapse or be deter- mined or abated by thc death or other removal from office of any Inspector of Kerosine, or Assistant Inspector of Kerosine, but shall and may be continued and carried to cornplotion in the name of the deceased or removed Inspector of Kerosine, or Assistant Inspector of Kerosine (as if no such death or removal had happened), by or on the behalf of his immediate or any future successor in office.

10. No conviction or order made in pursuance of this Act shall ~ ~ ~ ~ ~; ~; ; ~ &

wise, either a t the instance of the Crown, or of any Inspector of	be quashed for want of form, or be removed by certiorari or other- formal defecta. party, into any superior Court. Moreover, no warrant of commit- ment shall be held void by reason of any defect therein, provided that there is a valid conviction to maintain such warrant, and
it is alleged in the warrant that the party has been convicted.

l l. There shall be an appeal from any conviction by any Special Appeal to Adelaide

Magistrate or Justices for any offence against this Act, and from ,d,,tion,	Local Court of Full
any order dismissing the information or complaint, or declaring any forfeiture, and from any other order, whether for the payment of costs or otherwise, made or purporting to be made under or in pur- suance to this Act, Every such appeal shall be to the Local Court of Adelaide of Full Jurisdictim only, and the proceedings on each
such appeal, shall be coilducted in manner appointed by the Ordi-	nance No. 6 of 1850, for appeals to the Local Courts; but the Local
Court of Adelaide aforesaid may make such order as to the payment of the costs of appeal as i t shall think fit, although the amount of such costs may exceed Ten Pounds.

12. The Local Court of Adelaide of Full Jurisdiction, upon the Local Court, on hear- ing of appeal, may

hearing of any appeal under this Act, may state a special case for	8pecialorus,
the opinion of the Supreme Court, which shall hear and decide such special case according to the practice of the Supreme Court on special cases, and shall make such order as shall seem to i t just as to the
costs of any such special case.

13. Any two or more Justices, or the said Local Court of Adelaide, Order to be made in

shall make, in respect to the matters referred to the Supreme Court, certscate,	accordance with
an order in conformity with the certificate of the Supreme Court, or of any Judge thereof; and every such order of the Justices or Local Court shall be expregsed in manner provided for the enforcement of

T vdem

Tire kerosine Storage Act.- 1873.

orders of Justices under the said Ordinance; and save as herein is provided, no order, conviction, or proceeding of any Special Magis. trate or Justices, made or purporting to be made under this Act, shall be appealed against.

14. The Goverhor, may from time to time make and publish

~ 0 7 ~ t 3 0 f Governor to

u	O	n	in the Government Gazette, regulation S such as to him shall seem meet, for fully and effectually carrying out and giving force and effect
to the various purposes, provisions, powers, and authorities in this
A c t contained; and may, from time to time, alter, rescind, vary, and amend the same or any of tbem, and make other regulations in lieu thereof, for more fully and effectually carrying out and giving force and effect to such purposes, provisions, powers, and authorities. Every regulation made or purporting to be made in pursuance of this section shall, when published in the Government Gazette, have the force of law.

t~ be evidence 15. The Government Gazette, or any copy thereof, printed, or

of aertain facts. purporting to be printed by the Government Printer, and con* taining any such regulation, shall, on production thereof in any Court of Justice in the Province, be deemed to be prima facie evidence of all such facts and circumstances as were or shall be

,- necessary to authorize the making and publishing of such regula- tion, and every such regulation shall, in every such Court, be taken as pe.ima facie evidence that such regulation has been issued in con- formity with this Act, and to have the force of law.

Appliaation of Act to

substances not named	16. The Governor, may from time to time make, revoke, and vary orders directing this Act, or any section or sections thereof, to apply to any substance not hereinbefore mentioned; and this Act, or the section or sections thereof specified in sucll order, shall, during the continuance of such order, apply to such substance, and shall be construed and have effect as if throughout this Act, or such section or sections thereof, such substance had been included in the fore-
therein.
going definition of the word " kerosine," but subject to the following qualifications-

I. The quantity of any substance to which this Act is by such

order directed to apply shall be the quantity specified in that

behalf in such order, and no more:

11. The label, if any, directed by such order to be affixed to any case, tin, barrel, or other vessel containing such substance, shall be such and shall contain such words as may be specified in txat behalf in such order, and the words, if any, thereon shall be in written or printed characters distinctly legible.

No such order shall come into operation until it has been published

in the Government Gazette.

~napeo~or in COW- 17. The Governor may appoint any officer of a Municipal Col-

rations. poration to be an Inspector under this Act within the corporate li mite of such Corporation. 18. Whenem

37" VICTORIB, No. 11. 66

me Eerosine Storage Act-1 873.

18. Whenever the Governor shall make such appointment as is Feee paid to Corpora-

p v i d e d for by clause 17, all penalties recovered under this Act shall	tion*
be payable to and received by the Municipal Corporation, within whose limits the penalty is incurred, for the use of such Corporation.

19. At any time after this Act has come into operation the Poweyt~the&ver- nor to extend the .

Governor may, by Proclamation published in the Government apmtion ,f thi, act.

Qazette, declare that this Act, or such of the provisions thereof as

be specified in such Proclamation, shall be extended to such part of the Province as it has not theretofore applied to, and as &all in that behalf be in such Prc~clamation defined bp limits therein specified. The Governor may define such part by such limits as he shall deem proper, and shall specify in such Proclama- tion a time, at the expiration of which this Act, or such of the povisions thereof as shall be specified in such Proclamation, shall come into operation within the limits specified therein, and from and after the expiration of such time this Act, or such of the provisions thereof as shall be specified in such Proclamation, shall come into operation and have the force of law within the said limits: Provided always that the Governor may revoke or alter any such Proclamation in such manner as shall seem to him necessary or expedient.

In the name and on behalf of Her Majesty I hereby assent to

this Act.

A. MUSGRAVE, Governor.

-- p

Adelaiae : By euthority, W. C. Cox Government Printer, North-temwe.