Mackay Harbour Board Acts Amendment Act of 1934 (25 Geo v No. 14) (Qld)

HARBOURS. 25 GEO. V. No. 14, 1934. Mackay Harbour Board, Etc, Act. IN WITNESS WHEREOF the Seal of the Board and the Common Seal of the Council have been hereunto affixed the day and year first above written. The Seal of the Cairns Harbourl I Board was in pursuance of a Resolution of the Board passed on the Seventh day of August, (Sgd.) E. C. EARL, 1906, affixed hereto on the ChairmaIJ. Third day of February, 1909, ~ and Edward Campbell Earl thej (Sgd.) MICHAEL WALSH, Chairman and Michael Walsh Member. one of the members of the Board signed the above in my preseace- (Sgd.) T. R. HALL, Secretary to the Cairns Harbour Board. The Common Seal of the Town of Cairns was in pursuance of an express order of the Council made on the Nineteenth day of January, 1909, affixed hereto on the Twenty-fifth day of January, 1909, and Sinclair Miller the Mayor of the said 'I'own signed the above in my presence- (Sgd.) SINCLAIR MILLER, Mayor. (Sgd.) M. L. COCHRANE, Town Clerk. 15167 An Act to Amend" The Mackay Harhour Board Acts, 2~ ~ ~ ~ ' 4: V' 1896 to 1911" (as amended by subsequent THE MACKAY A c t s ) , I 0 n certaOIn tpaOr ICU 1 arso HARBOUR BOARD ACTS AMENDMENT [ASSENTED TO 27TH OCTOBER, 1934.] ACT OF 1934. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- 1. This Act may be cited as " The Mackay Harbour Short title Board Acts Amendment Act of 1934," and shall be read and as one with *" The Mackay Harbour Board Acts, 1896 to construction. 1911" (as amended by subsequent Acts), herein collectively referred to as the Mackay Harbour Board Acts. * 60 Vie. No. 28 and amending Acts, supra, pages 3957 et seq.

15168 HARBOURS. Mackay Harbour Board, Etc., Act. 25 GEO. V. No. 14, Such Acts as amended by this Act may collectively be cited as "The Mackay Harbour Board Acts, 1896 to 1934." Amendments of the )J;[ackay Harbour Board Acts. Amendments 2. The following new section (23) is inserted III ~ : a~ h: ay the Mackay Harbour Board Acts, as follows : - Harbour Board Acts. New s. 23. Variation of "[23.] Notwithstanding anything in the Principal vteanliddeartiaonnd Act or this Act, when the Board has by public of contract. notice called for public tender for any contrad, the Board and the tenderer whose tender the Board has accepted or proposes to accept may with the approval of the Governor in Council, and whether before or after the tender is accepted, vary in such manner as the Governor in Council shall approve the terms and conditions of the contract or the works to be performed under the contract, and no such contract shall be or be held to be invalid or unlawful on the ground that any such variation as aforesaid has been made after public tender. This section shall apply to a contract notwith- standing that tenders therefor may have been received or that the contract may have been made or varied before the passing of *" The Mackay Harbour Board Acts Amendment Act of 1934."" New s. 23A. 3. The following new section (23A) is inserted in the Mackay Harbour Board Acts, after section twenty- three previously inserted, as follows :- Power of Mackav Harbo;}r Board to construct certain works. " [23A.] (i.) Notwithstanding anything contained in the Principal Act or this Act, or in any other Act or law or rule or process of law to the contrary, the Mackay Harbour Board is hereby and shall be authorised and empowered to construct, establish, acquire, purchase, and contract for the use of, work, maintain, control, regulate, and manage such works within the Harbour Board District as in the opinion of the Board are expedient for the execution of this Act and for the facilitating of the execution and management of the works and business of the Board and/or the successful working of any harbour works already constructed or to be constructed by the Board. * This Act.

HARBOURS. 15169 1934. Mackay Harbour Board, Etc., Act. For the purposes of this section the term "such works as aforesaid, and being within the Harbour Board District," shall be and be deemed to 1;>e harbour works within the meaning of the Principal Act and this Act, notwithstanding that such works shall include works not comprised within the definition of " harbour works" and not comprised within Part VII. of *" The Harbour Boards Acts, 1892 to 1928," and notwithstanding that such works shall extend beyond or be wholly without the limits of the Harbour of Mackay. And any such works as aforesaid shall for all purposes be and be deemed to be lawful works and works in respect of which the said Board may enter into contracts for the erection, construction, or execution thereof, and subject to this Act in the same manner and to the same extent as if such works were harbour works within the meaning of *" The Harbour Boards Acts, 1892 to 1928"; and the Board shall have full authority, power, and jurisdiction herein accordingly. (ii.) Without limiting the generality of the above Works. provisions the Board is hereby empowered, within the Harbour Board District, notwithstanding any Act or law or rule or process of law to the contrary, to construct, establish, acquire, purchase, contract for the use of, work, maintain, control, regulate, and manage- (a) Any railway; (b) Any quarry; (c) Any wharf or any part of any wharf; (d) Any road; (e) Any electric generating station (and for such purpose shall be and be deemed to be an Electric Authority under and pursuant to t "The Electric Light and Power Acts, 1896 to 1933" (or any Act amending the same), with power and authority to apply for and obtain an order under such Acts); (f) Any well or pumping plant, reservoir, 01· pipe line, with necessary machinery, plant, and equipment; (g) Any bridge. * 56 Vic. No. 26 and amending Acts, 8upra, pages 819 et 8eq. t 60 Vic. No. 24 and amending Acts, 8upra, pages 702 et 8eq.

15170 HARBOURS. Mackay HarboMr Board, Etc., Act. 25 GEO. V. No. H, Railways. (iii.) Any such railway may be constructed, worked, and managed in, upon, across, or under any road, reserve, bridge, or .navigable river, and may be connected with any railway of the Commissioner for Railways. The Board may use and employ upon such railway locomotive engines propelled by steam or other power and rolling-stock to be drawn and propelled thereby. The Board may carry for hire upon any such railway for the public passengers, goods, livestock, and material at such rates as shall be prescribed, and in so doing shall have no further liability than the liability of common carriers under the laws of Queensland. The Board may make arrangements with the Commissioner for Railways under *" The Railways Acts, 1914 to 1929," to work, control, regulate, manage, and/or maintain any such railway; and power and authority is hereby vested in and imposed in the Commissioner to enter into such arrangements with the Board accordingly: Provided that in the event of the Commissioner for Railways entering into an arrangement with the Board to work, control, regulate, manage, and/or maintain any such railway, he shall in such event incur no greater liability than he would have incurred if any such railway were built and/or operated by him under the provisions of *" The Railways Acts, 1914 to 1929"; and moreover during the period of any such arrangement the provisions of *" The Railways Acts, 1914 to 1929," shall apply and extend to such railway and the operation thereof. Construction (iv.) The Board shall have power in such manner as of roads. it deems fit to clear, form, and construct and maintain such roads as it shall deem necessary or desirable, and to construct and maintain bridges, causeways, culverts, or crossings in or on such roads. In addition to such power the Board shall have power and authority to construct and maintain. or make any necessary road works in or upon any road under the jurisdiction of a Local Authority. But the Board shall not during the execution of any such works have any greater duty, obligation, liability, * 5 Geo. V. No. 24 and amending Acts, supra, pages 7215 et seq.

HARBOURS. 15171 1934. Mackay Harbour Board, Etc., Act. or responsibility than by *" The Local Authorities Acts, 1902 to 1932," or otherwise is imposed upon Local Authorities. The Board shall, with the approval of the Governor in Council, make such by-laws as it shall deem necessary or convenient for the purpose of carrying this subsection into execution and, without limiting the generality of this provision, conferring upon the Board with respect to such roads such rights, powers, protection, privilege, or obligation· relating to the construction, improvement, or maintenance of such roads as are conferred upon any Local Authority by any Act relating to local government; and moreover such by-laws may be made regulating, prohibiting, or restricting traffic or any class of traffic upon any such road or part thereof, or confining traffic or any class of traffic to any specified part of such road. During the execution of such works the provisions of the Local Authorities Acts shall be suspended with regard to the same. Upon the completion of any such work, however, the Board may notify the Local Authority concerned, and upon such Local Authority notifying the Board that it has taken over the control of the road in question the provisions of the said Acts shall apply. (v.) The Board shall have full power and authority Closure of to apply for the closure of any road, which closure may in roads. the opinion of the Board be necessary for the proper construction and maintenance of any works of the said Board: Provided that when the Board deems it necessary that any road or part thereof shall be closed, it shall deposit in the office of the Local Authority having jurisdiction over such road a map and description of the road or part thereof proposed to be closed, and shall notify in the Gazette that such map and description are there open for inspection and that any person interested may make an objection to such closure by forwarding to the Secretary of the Board within thirty days after such publication a notice of objection. All such objections shall be duly considered by the Board,and it may cause an inquiry to be held into the matter of any such objection. * 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et 8eg. T

15172 HARBOURS. Mackay Harbou,r Baard, Etc., Act. 25 GEO. V. No. 14, Before any such closure is authorised the Board shall report to the Minister on the proposed closure and objections thereto. Thereupon the Governor in Council may by Order in Council approve of such application to close any such road or part thereof with or without modification: Provided that when any such road is closed in accordance with this provision the land comprised in the road so closed shall vest in the Board as owner, and the Board shall be entitled to receive a deed of grant in respect thereof, the authority for the issue of such deed of grant being hereby granted. Board a (vi.) For the purposes of any such works as aforesaid constrl~ cting the Board shall be a constructing authority within the authorIty. meaning of *" The P'llblic Works Land Resumption Acts, 1906 to 1926," and authorised to take land, and either for the whole estate in such land or, where sufficient for the purposes of such works, an easement upon the land, and the provisions of such lastmentioned Acts shall apply and extend in respect of all such works accordingly; and moreover, in addition to the above powers, the Board shall have full power and authority to take compulsorily or by agreement any wharf or any portion thereof. Arrangement (vii.) The Board shall have full authority and C~ ~ ~ eil. power, with the approval of the Governor in Council, to enter into an arrangement with the Council of the City of Mackay (which is also hereby empowered, subject to the like approval, to enter into any such arrangement) whereby the Board may pay to the Council such sum as shall be mutually agreed upon, which sum shall be expended by such Council in and towards improving the power-house for the generation of electric energy of the Council in Mackay, and also in and towards erecting a line for transmission of electric energy for supply to the Board, in consideration of which arrangement such Board shall receive from and be supplied by the Council with electric current for such period and on such terms as shall be agreed upon in any such arrangement. Disputes. (viii.) In the event of any dispute arising between a Local Authority and the Bo~ rd in reference to any matter or thing the mode of settlement whereof is not * 6 Ed",. VII. No. 14 and amending Acts, sUAra, pages 8211 et seq.

1934. HARBOURS. Mackay Harbour Board, Etc., Act. 15173 otherwise provided in the Principal Act or the Mackay Harbour Board Acts, such dispute may be refened to the Governor in Council for determination, and such determination shall be final and conclusive. (ix.) And generally, for all purposes of this Act, By-laws. the Harbour Board, with the approval of the Governor in Council, may make by-laws (which shall have full operation and effect within or without the limits of the Harbour) to give full effect to the objects and purposes of this Act, or which it may deem necessary or advisable for the purposes of any such work, including its construction, establishment, working, maintenance, control, regulation, or management, as aforesaid, and where there may be in *" The Harbour Boards Acts, 1892 to 1928," or t" The Mackay Harbour Board Acts, 1896 to 1934," no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to such Acts and this Act, providing for and supplying such omission or insufficiency. Such by-laws so made and approved as aforesaid, and any by-laws made and approved pursuant to paragraph (iv.), shall be published in the Gazette, and forthwith upon such publication, notwithstanding any Act or law to the contrary, shall be read and construed with and shall form part of this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever; and subject as aforesaid the provisions of Part VIII. of *" The Harbour Boards Acts, 1892 to 1928," shall apply and extend accordingly." 4. For the purpose of paying interest and Board m~ y ree1empt I·On t 0 the Treasurer I.n respect 0 foaIns grtan ed dleuveys, s&peeC. Ial to the Board for the purposes of the erection, construc- tion, or execution of any harbour works and of such works as are referred to in this Act, the Board shall, in addition to its powers and authorities under the Principal Act and the Mackay Harbour Board Acts, have power and authority, with the approval of the Governor in Council, to make by-laws providing for the making and levying of special dues upon all inward and outward cargo: Provided that such dues shall not, in respect of any such cargo, be greater than the maximum * 56 Vie. No. 26 and amending Acts, supra, pages 819 et seq. " 60 Vie. No. 28 and amending Acts, supra, pages 3957 et Beq.

15174 HARBOURS. Mackay Half'bour Board, Etc., Act. 25 GEO. V. No. 14,1934. lighterage charge made by and payable to any shipping company within the period of three months next preceding the passing of this Act. Moreover the Queensland Sugar Board shall, where such Board at the passing of this Act pays charges for lighterage, deem such special dues when so made and levied to be charges for lighterage and shall (upon cessation of lighterage) pay and continue to pay same accordingly. poArfpopvliisciaotnison exten 5 d . tTohaenypsrouvcihsiwoonsrksoafs athfoisresAaicdt inshraelslpeacpt polfywhainchd of Act. the Board, prior to the passing of this Act, may have given public notice of such works and invited tenders for same; and moreover such works shall be included in any works which the Board may before, on, or after the passing of this Act have entered into any contract with a tenderer as referred to in section two of this Act for the erection, construction, or execution of any harbour works and any of such works as are referred to in this Act. HOTEL THEODORE LEASE. See LIQUOR. INKERlVIAN IRRIGATION BOARD. See WATER (1). IRRIGATION BOARD, INKERMAN, RATES AND CHARGES. See WATER (1). LIFE ASSURANCE. See~ COMPANIES (AUSTRALIAN MUTUAL SOCIETY). PROVIDENT