Mackay Harbour Board Act Amendment Act of 1911 (2 Geo v No. 16) (Qld)

HARBOURS. 2 GEO. V. No. 16, Inll. Mackn.Y Harbour Board Act Amendment Act. 5237 An Act to Amend "The Mackay Harbour Board 2 Geo. V. Act, 1896," by Providing for the Constitution THEN~ A~ : AY of a Harbour Board District, for the Election B~ ~ : ~ ol~ of Members of the Harbour Board by Rate- t~E~~~ :.ft~ payers of such District, for the Construction of Works by Means of Loans, for Increasing the Borrowing Powers of the Board, and for .other purposes relating thereto. [ASSENTED TO 14TH DECEMBER, 1911.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as " The Mackay Harbo'ur Short title Board Act Amendment Act of 1911," and shall be read ~ s : ~ ~ struction one with "'I. he Mackay Ilarbour Boa/·d Act, 1896,' * of Act. herein referred to as the Special Act. The Special Act Itnd this Act may together be cited as "The Mackay Barbour Board Acts, 1896 to 1911." 2. Sections eight to seventeen, both inclusive, and Repe~ l of the :First and Second Schedules of the Special Act are ; ~ ~ ~ ~ ~ ~ ons of repealed; but, notwithstanding such repeal~ the existing Special Act. members of the Harbour Board shall remain in office until the conclusion of the first election after the first day of January, one thousand nine hundred and twelve. 3. After section seven of the Special Act, the following section is inserted:- [8. J (1.) The Harbour Board District shall consi~ t of Harbour the Area for the time being' comprised within the ~ ~ a: ~ t d boundaries of the Town of Mac'kay, the :--hire of Pioneer, H~ r~ ~ urall and the Shire of Nebo, as constituted under and for the Board. purposes of the Local Authorities Act (which expression in this Act means and includes" 1 he Local Authorities Acts, 1902-1910,"t and any Act amending or in substi- tution for those Acts) : Provided that if at any time the Shire of Pioneer is divided and a new shire is created comprising land now .. 60 Vic. No. 28, supra, page 3957. t 2 Edw. VII. No. 19; 3 Edw. VU. No. 7; 5 Edw. VII. No. 31; and 1 Geo. V. No. 22, supra, pages 1860 et seq.

HARBOURS. - - - ~ - - ~ - ~ - - - -- - ~- - - - - - - - - - - - - Mackay Harbour Board Act Amendment Ad. 2 GEO. V. No. 16, forming part of the Shire of Pioneer, the said new shire shall be included in the Harbour Board District, and the five members of the Board hereinafter assigned to the Shire of Pioneer shall be assigned to the said shire and to the new shire respectively in such proportion as the Governor in Council by Order in Council may declare. (2.) The Harbour Hoard shall consist of nine members~ to be elected by the ratepayers of the Harbour Board District. In this Act the term" ratepayers" means any person who under the Local Authorities Act is a ratepayer of any Area comprised within the Harbour Board District. (;3.) For the purposes of such elections the Board shall be deemed to be a Local Authority within the meaning of the ,Local Authorities Act, and the Harbour Board })istrict aforesaid shall he deemed to he an Area within the meaning of that Act. '1 hree members of the Board shall he assigned to the Town of Mackny, five memhers shall be assigned to t;he Shire of Pioneer, and one memher shall be assigned to the Shire of Neho; and such members shall be elected by the ratepayers of such Areas respectively in manner provided by the Local Authorities Act; and,. notwithstanding anything contained in the Principal Act,. the following provisions of the Local Authorities Act, namely'- ' :P AR'l' Il I.-8ttbriivision II.- Qualijication of Mem.., bers: Subdivision III. - Retirernents and Vacancies (except secti9n seventeen thereof) : Subdivision Tf.- Ouster from o.ffice: Sub:.: division V.-Qualification of Voters: PAR1' IV.-ELECTION OF MEMBERS: and the Rules as to Elections contained in the Third Schedule to that Act, shall be applied accordingly, so far as the same are applic"': able, subject, however, to the following modifications:- in (a) Elections shall be held in every third year the respective Areas comprised within the Harbour Board District at the same time and place as elections under and for the purposes of the Local Authorities Act are held, but _separate ballot-papers and ballot-boxes shall be provided and used;

1911. HARBOURS. Mackay Harbour Boa;d Act Amendment Act. 5239 (b) At the first election after the first day of January, one thousand nine hundred and twelve, and at every subsequent election the whole number of the members of the Board shall be elected, and at the conclusion of everv election all the late members of the Board shall go out of office, unless they or any of them are re-elected; (0) No ratepayer shall be entitled to give more than three votes at any election of members of the Board for an Area comprised within the Harbour Board District. 4. In sections nineteen and twenty of the Special A.mendment Act, the words" Queen's warehouse" are repealed, and the ~~.SS. 19 and words "warehouse appointed by the Minister in that behalf" are respectively inserted in lieu thereof. 5. In section twenty-three of the E'pecial Act, the Increas.eof words" fifty thousanri pounds," where they twice occur, are ~ ~ ~ ~ z; : ~ ng repealed, and the words "three hundred anp. seventy thousand pounds" are respectively inserted in lieu thereof. 6. In sf'ction twenty-five of the Special Act the words A.mendment " such sum or sums of money as are equal to four-fifths of 8. 25. of" are repealed. 7. In section twenty-seven of the ~pecial Act, after Amendment the words "The Loca l fVorles Loons Act qf 1 ~ 80, " * the of s. 27. words" and the Local Authorities Act" are inserted; also~ aft!'r the words "every such loan" the words "raised before the first day of January, one thousand nine hundred and twelve" are inserted; also, the words "the provisions of that Act" are repealed, and the words "the aforesaid Acts; and every such loan raised aft er the first day of January, one thousand nine hundred and twelve, shall be deemt'd to be a loan advanced under and subject to the nforesaid Acts, with the following- modifications :-During the progress of the works and for a period of ten years from the first day of .July ned succeed.ing the date of their co'npletion as certilled to the \linister by his supervising officer, no part of the loan shall be repayable, but the amount of principal money advancpd shall bear intel'est at the rate 01 four pounds per centum per annum, and such inter('st shall be payahle to the Treasurer on the thirtieth * 44 VIC. ~ o. 9, supra, page 2023. M

5240 HARBOURS. Mackay Harbour Board Act Amendment Act. 2 GEO. V. No. 16, I day of June in each year until the expiration of such period of ten years. Thereafter the loan shall be deemed to be a loan for a period of forty years from the first day of July in such tenth year, and shall bear interest at the rate aforesaid, and shall be repaid by instalments in manner provided by the aforesaid Acts at the rate of five pounds one shilling 'llld one penny per annum for, every one hundred pounds cf the amount of such loan," are inserted in lieu thereof. In the first and second provisoes of the said sect.ion, the words" said Act." wherever they occur, are repea]~ d, and the words "aforesaid Acts" are inserted in lieu thereof. :-rhe following provision is added to the said second provIso : - Moreover by way of additional remedy and without prejudice to any other remedy, when and so often as any part of the moneys from time to time due and pa~ ' ahle by the Board to the Treasurer under the said Acts remains unpair! for three months, the Treasurer shall have the following powers- (i.) He shall give notice to the Board to pay such money within a time to be stated in such notice, and if the Board fails so to do may make and levy such harboUl' dues or wharfage .rates, or both, as he considers needful tfor which purpose he shall have all the powers and remedies of the Board in that behalf), and may ,also, by notification in the Gazette, appoint a receiver to collect ~ n his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Hoard, to the amount stated in such notification; (ii.) He may give notice to the Council of the Town of Mackay and the Council of the Shire of Pioneer (and to any Council having jurisdic- tion within the said Shil'e as now constituted and the Council of the Shire of Nebo), or any of such Councils, to pay such money, or such part thereof as he may apportion, within a time to be stated in such notice, and, if necessary, to make and levy a special loan rate of sufficient amount (whi('h rate each such Council shall have power to make and levy under the' Local Authorities Act), and if any such Council fails

HARBOURS. 5241 1911. Maokay Harbour Board Aot Amendment Act. to make such payment as so required, the 'l'reasurer may make and levy such special loan rate on the rateable land within the Area concerned as is needful (for which purpose he shall have all the powers and remedies of the Council in that behalf), and may also, by notification in the Gazptte, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Council in default to the . amount stated in such notification. A receiver appointed under this provision shall, from the date stated in such notification, .be the only person legally entitled to receive the revenues of the Board or Council as the case may be, and shall be deemed to that extent and for that purpose to be a public accountant within the meaning of "The Audit Aot of 18]4,"* or any Act amending or in substitution of that Act. 8. '1'he following provision is added to section twenty- Amendment nine of the Sperial Act:- of s. 29. [2.J Sections two hundred and seventy-five to two Applica~ ion hundred and eighty-four, both inclusive, of the Local ~ ; ~ : fs\ ~ ~ 8 of Authorities Act shall apply to moneys proposed to be Local ., borrowed or borrowed by the Board, after the first day of ~ ~ : ' horltleS January, one thousand nine hundred and twelve, and for that purpose the said sections shall be read and construed as if, in lieu of the words" Local Authority" or "Council," wherever those words occur, the word "Board" were insf'rted therein; and in lieu of the word "chairman," the words "chairman of the 110ard" were .inserted therein; and in lieu. If the words" Local Fund," the words" Harbour Fund" were inserted therein: Provided that, notwithstanding anything codained in the said sections, any person who is named in the rate book of any Area comprised within the Harbour Board District as an occupier or owner of rateable land shall be. entitled to join in a demand for a poll on the question of any loan and to vote at such poll. 9. After section twenty-nine of the Special Act, the following section is inserted :- [29A 1 If the B:·ard submits to th~ ratepayers of theGoTernm.nt Harbour Board I >istrict a scheme of works for the im- ~~ perviBe provement of the harbour to be carripd out by means of a works. * 38 Vie. No. 12, supra, page 74.

- - '- " - ~ - ' - - - - - - - - - 5242 HARBOURS.-L " OCAL AUTHORITIES. Belrnont Tramway Loan~ Valitation A.ct. 2 GEO. V. No 2t,' loan, ~ nd proposes to borrow a sum not exceeding three hundred and fifty-one thousand pounds for such purpose, and such ratepayers, by a poll taken upon the question of such proposed loan, approve thereof, and such loan is procured, then the said works shall be carried out and completed by the Board under the supervision of the Minister through his officers. The Hoard shall bear and pay all reasonable expenses incur'I'ed by the Minister in the supervision of the said works. LOCAL AUTHORITIES. 2 Geo. V. An Act to Validate Certain Advances by the Trea- No. 21. 'lJ!E BELMONT surer by way of Loans to the Belmont Shire TRAMWAY LOANS Council for the Construction of the Belmont VALIDATION ACT OF 1911. Tramway. [ASSENTED '1'0 20TH DECEMBER, 1911.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of ~ uecnsland in Parliament assembled, and by the authority of the same, as follows ;- Short title. 1. 'l'his Act may be cited as "l T he Belmont Tramway Loans Vali(iatiun ..Act ofUHl." Loam . 2. Notwithstanding anything contained in "The Local amountmg to Authorities Acts, 1~ O~ - 191U, " * and in particular, notwith- £ B 7 e , l 5 m 89 ontto stan d" mg t h e prOV " Is . Ions 0 f sec t I ' On two 1 lUnclre d an, ; ! J nl " llety- tih.ire ? oun~il eight of the said Acts, which enacts that the total amount ~ ~~ ~ ~sl~ f advanced by way of loan to a Local Authority for the £3tOO per construction of anyone tramway, and the providing of :117datecl. plant and rolling-~ toClk in connection with the same, shall not exceed a sum equal to t4ree thousand pounds for every mile of the length thereof, it is hereby declared that the advances by the Treasurer by way of loan to the Shire Council of Belmont in respect of the construction of the Belmont Tramway and the providing of plant and rolling-stock in connection with the same-' namely, the advance of five thousand and eighty-nine pounds sanctioned by the Governor in Council on the * 2 ~ dw. VII. No. 19; 3 I£dw. VlI. No. 7; 5 Edw. VII. No. 31; and 1 Geo. V. No. 22, 8upra, pages 1860 et seq.