Kerosine Storage Act 1874 (SA)

ANNO TRICESIMO SEPTIMO ET TRICESIMO OCTAVO

VICTORIAE REGINB,

A. D. 1874.

No. 23.

An Act to amend the .Kerosine Xtorqqe Act, l87 3," to make provision

for Regulations ~especting	the Ez?portatiotz o f h'erosin~,	and fbr
other purposes.

[Assented to, 6th November, 1874.1

TWFJRRAS it is expedient to amend the "Kerosine Storage Act, Preamble.

1873," and to provide for the making of regdations respecting

the exportation of Kerosine-Be it therefore Enacted by the Governor

of thc Province of South Australia, with the advice and consent of

the Legislative Council and House of Assembly of the said Province,

in this present Parliament assembled, as follows:

NN

1. This Act may be cited as the " Kerosine Storage Amendment Short title.

Act, 1874."

2. This Act shall come into operation on the first day of January, Date at which Act

in the year one thousand eight hundred and seventy-five, and thc tim, Bepeel,	shall come into opera-
enactments described in the Schedule to this Act shall he, and the same are hcreby, repealed, from the time when this Act shall come into operation, to the extent and subject to the exceptions and qualifications in the Schedule mentioned; and this Act shall not affect the validity, invalidity, effect, or consequence of anything done or suffered bcfore the said time.

3. In the " Kerosine Stortgc Act, 1874," thc word LLmunicipality" Interpretation o~ame.

shall, in addition to the meatrxngs ascribed to it by that Act, mean and includc cvcry part of the Province to which the Governor shall hereafter, in the manner provided by the nineteenth section of that

Act, declare that all or any of the provisions of that Act shall extend;

and

184 37" 38" VICTORIB, No. 23.

Jierosine &'to rage Amendment Act.-1 874.

and in the said nineteenth section the words '' this Act " shall mean the Kerosine Storage Act, 1873," and the " Kerosine Storage Amendment Act, 1874."

Time within which

kerosine is to be	4. On and after the first day of January, in the year one thousand eight hundred and seventy-five, the person for the tirnc being in command of any ship which, having kerosine on board, comes along- side of, or within five h~mdred yards of, any wharf, picr, or jetty in the Province (other than a wharf, picr, or jetty on the River Murray, or Lake Alexandrina), shall cause so much of such lrerosine as is in excess of two hundred gallons to be landed within the seven days which shall ensue next after she shall have so come alongside, or within such five hundred yards: Provided, iievertheless, that if, a t the time whcn shc shall so come alongside, or within such fivc hundred yards, she slmll haw on board fifty tons, at the least, of cargo other than kerosine, the time with.in which all kerosine in excess of two hundred gallons must be landed shall be nine days instead of seven. Any such person who wilfully omits to cornply with, or who wilfully viohtes, any of the provisions of this section shall be lkblc to a penalty not exceeding One Hundred Yourlcis nor less than Ten Pounds for each such omission and for each surh violation; and all kerosine in excess of two hundred gallons which shall he on board such ship aftcr the expiration of the time allowed by law for landing it shall be liahlc to bc forfeited, iti~d may while on board be seized and land-ed by, or by the directions of, the Inspector of Kerosine or any Assistant Inspector of Kerosine.
landod.
Chief Secrotan rnw	3. The Chief Secretan for the time beinn of the Province, when- ever i t appears to him t h ~ t

extend time f&	the kerosine on board any ship which
landing; kerosine.

has come alongside or within five hund~cd yards of any wharf, pier, or jetty in'the Pyovilme, cannot convenie&y be landhd with& the time allowed for that purpose by the fourth section of this Act, may, bcfore thc expiratio11 of that time, but not afterwards, hy any order under his hand, extend that time to any number of days not great~r than thrcc additional days: ~rovidrd that any such -exten-	sion of time shall be granted upon such terms and subject to such	conclitioris (specified in such order) as he may think fit to impose in
each particular instance, for thc purpose of more effectually carrying out thc Kcrosinc Storage Act, 1873," and this Act, and securing
the shipping and other public and private 1)roperty from risk of
injury: Provided also that if any of snch telms bliall not he coxn- plied with, or any of such conditions shall be broken, or so much of such kerosine as $hall be in excess of two hundred gallons shall not be landed within such extended time, then such ordcr shialll be abso- lutely void as from the time when the same was made.

Harbormastertocause 6. Whenevcr a ship, having on hoard kerosine in excess of two

hohg ke"8be hi~ndred gallons, arrives at any port in the Province, and the person

on board to he m-

ance withActs. therein, thc IXarbormaster, or his assistant, shall cause hcr to be chored, i&c.,in accord. for the time being cornniancling her desires to anchor or moor her

anchored or moored in such a position as shall be in accordance with

the

3'7" $ 38" VICTORIX, No. 23. 185

Kerosine Storage Amendment Act.-1 874.

.the provisions of the "Kerosine Stomgc Bct, 1873," and of this

Act.

'7.

On and after the first day of January, in the year onc thousand Dishnco h o d by

fifth section of the

eight hundred and seventy-five, t.he words '' situate outside of any c i ~ Storage ~ ~ ~ ~ i ~ ~

&h boundary, but within fiw hunched yards tllcrmf " sllall be, and ~; ~ ~ ~ $ ~ $ f ~,

the same are, hereby substituted for, and in the place of, the words

within one hundCed yards of any such boun&ry," in the fifth

section of the " Kerosine Storage Act, 1873."

8. Kerosine, in excess of two hundred gallons, shall not be received Shipahavingonboard, for exportation,

or put on board ;my sea-going or other ship :it or in any port or harbor kerosioe in excess of

in the Province, exccpt for the purpose of being exported thence to ~wohundredgallons to be removed within

some other port or place; and the person for the time being in nine days beyond fivfive

P& from

command of any ship having on board, for any such Ilm'pose, kerosine

wharf, &c.

in excess of two hundred pllons, slrall, within nine days from thc time at which any kcrosme in excess of that quantit,y shall haw been received or put on board her, cause her to be removed to a distance greater than five hundred yards from rvery wharf, pier, and jetty in the port or harbor at or. in which she shall bc when such kerosine shall be rcreived or pnt on hoard h*, and shall not cause or pcmnit her return withirl snch five hundred yards while any such kerosine is on board her. -Any person who wilfully violates any of the provisions of this section shall be liable to a penalty not exceeding One Hrmdrerl Pounds nor less than 'I'm Pounds for each such violation, and all kerosine in excess of two hundred gallons, which, having been received or put on board any such ship for any pl-rrposc, shall be on board hcr when any such violation shall be committed, shall be liable to bt: forfeited, and may, while on board, be seized and lancled by, or by the direction of, the Inspector of Kerosine or any Assistant inspect& of Kerosine.

9. The Governor mav make ali such regulations touchiiix thc Governor mavmake

keeping on board ship aild the exportation ofY lcerosinr as shalluseem ~~~f~~~

to him necessary or expedient for securing shipping and 0 t h public and exportation of

and private propcrty fmm any dangcr whidl might, in his opinion, be caused or occasioncd thcrcto by kerosine which (whether it has been tandcrl or not) is about to ?X cxiorted, and in p:u-h&u he may, by any such regulation, prescribe tllc hours during which, the places

at which, and thc mode in which, lcerosinc may be exported from any

port or other place in the Province, and the lcllgtl.1 of time during which kcrosinr may, before bcing placed on board any ship, remaiil on the wlrarf, picr, or jetty from which i t is 'to bc taken on board her, and the prccautions for thc prevention of danger and illjury to shipping and other public ancl private propcrty which the owncr, or the person ht-tving the charge of such kerosine, shall take anil adopt, and cause to bc tltliesi ancl adopted, whilc such kerosine remains on a i d is being removed from such wharf, pier, or jetty, and which the person for the time being in command of any sea-going or. other ship which, having on board kerosine (whether it has been landed or not) in excess of two hundred gallons, sl~rtll take

and

37" & 38" VICTORIB, No. 23.

Kerosine Storage Amendment Act.- 1874.

and adopt, and cause to be taken and adopted, while such ship

remains in any port or harbor in the Province.

Regulatione to be

published, and copies	10. Every such regulation shall be published in the Government purporting to have been made under or in pursuance of this Act, shall, from the date fixed in that behalf by any such regulation, or, if no date be fixed thereby, then from the date of such publication, have the force and effect of law; and a copy of each such regulation shall, within fourteen days after the publication thereof, be laid before the Le@slativo Council and before the House of Assembly of the Province, if the Parliament of South Australia shall be in Session at the time of such publication; but if such Parliament shall not, bc in Session at that time, then within fourteen days after it shall next meet.
laid before the Logis-	Gazette, and every such published regulation made, or expressed, or
lature.
Penalty for breach
of regulations.	11. Every person who wilfully does, or causes to be done, any act in contravention of any such regulation, shall be liable to a penalty not exceeding One Hundred Pounds ncr less than Ten Pounds for each such act.

In the name and on behalf of Her Majmty, I hereby assent

to this Bill.

A. MUSGRAPE, Governor.

SCHEDULE

37" & 3 8 O VICTORIB, No. 23.

Kerosine Storage Amendment Act.-1 874.

SCHEDULE.

Title of Aot. Extent of Repeal.

" Section three; section five (in part), namely, the

ltorage Act' words within one hundred yards of any auch

1873." boundary."

7

Adelaide: By author it^, W. C. Cox, Govemment Printer, Nod-terrace,