Marine Board Act 1864 (SA)

ANNO VICESIMO SEPTIMO ET VICESIMO OCTAVO

A. D. 1864.

No. 17.

An Act to amend the J f a ~ i ~ z e Board Act of 1860.

[Assented to, 9th December, 1864.1

HEREAS it is desirable to amend the Marine Board Act

W of 1860, in manner hereinafter provided-Be it therefore	Enacted, by the Governor-in-Chief of the Province of South Aus-
tralia, with the advice and consent of the Legislative Council and
House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. It shall not be lawful to present to the Governor, for confirrna- ~ y - l a w s and regula-

tion or approval, or for the Governor to confirm or approve any tions not to be oon-

2s

unW the

by-law or regulation made by the Marine Board constituted under same have been laid	the provisions of the Marine Board Act of 1860, until such by-law before Parliament.
or regulation shall have been laid before both Houses of Parliament
for the space of fourteen days at least.

2. No member of the Marine Board shall be capable of Memberof Board not

to hold office under

holding, or shall hold, any office under the said Board. Board.

3. Clauses 12, 28, 125, 126, and 127, of the said Act are hereby clawes repehd.

repealed, except as to anything hcrctofore lawfully done under the

authority of thc same.

4. Thc powers, authorities, and jurisdiction of the Marine Board P ~ W W OfMar;n!

shall extend and bc exercised in and ovcr the limits of the said Pro- within one league to Board to bw exemwed

vince, and one nautical league to seaward, from high water mark, fieaward*

along the coast line of the said Province, instead of two leagues, as

heretofore.

5 All

2 7 O & 28" VICTORIB, No. 17,

Jfurirze Gourd Act Amendment Act.-1 864.

6hips ehall anchor

an11 moor in place ap-

5. All ships shall, on arrival at any port in the said Province, assistant, and all removals shall take place under his direction; and ships req~ziring to discharge or load at any private vharf must bc berthed or removed at the request of the Wlzar-finger, but under the

ointed by IIarbor

anchor or moor in the place appointed by the Haxbor Master or his

$aster.

direction and approval of the Haxbor Master or officer appointed for

that purpose, and the time of removal from such wharf shall be

subject to the by-laws then in force.

Pilotage to be paid,

6. Harbor pilotage shall be paid for each removal, in m o u n t not exceeding the sums specified in the Schedule hereto; except in cases of ships registered in the said Prouincc, and employed in thc coasting trade thereof.

Board may m,&e by.

laws for regulating

7. The Marine Board, with the consent of the Governor, with the advice of the JExecutive Council, may make, alter, and repeal such by-laws and regulations 5s to them shall seem meet for regulating the lay-dcqs to be allowed for shipping at wharfs and legal lancling

lay-days for shipping,

places within the mid Province.

Schedule of pilotage

duos a1tcrt.d. 8. The Schedule of harbor plotage dues authorized bp the said

Act, is liercby rcpedcd m d the ratcs specified in the Schedule hereto are hereby substituted in lieu thereof.

Examinations to bc

institnted for mastcra

9. Examinations shall be instituted for such persons who intend to become masters or mates of foreign going ships, or of home trade passenger ships as may not possess certificates from the Board of Trade or other authorized body, and also for persons who wish to .procure certificates of competency hereinafter inentioned, and subject

and mates.

as herein mentiol;ccl, the Marine Board shall provide for thc esami-

natioas at Port Adelaide, and may appoillt and may from time to

time remove and reappoint exs.rniners to conduct thc came, and may

regulate tllc same, ancl any members of the Marine Board may be

present and assist at any suclz exan~ination.

Powers of llnrinc

Board over cxnmina- 10. The Miarine Board, with the colzsent of the Treasnrer, may,

tionu.	from time to time, lay down rules as to the conduct of such exami- nations, and as to the qualificatioiis of the applicants, ancl sucli rules
shall be strictly ndlzered to by all examiizcrs, and no examiner shall
be apppiated unless he possesses a certificate of qualification to he from time to time granted or renewcl by the Marine Board, and the sai~ction of the l'rcnsurer s l d l be necessary, so f'm as regards
the iluniber of examiners to be appoiiltecl and the amcmut of their
remuneration,
Feee to be paid by

applicante for esami. 11. All applicants for examination shall pay such fees as the Mnrinc

nation.	Board shall direct, not exceeding Three Pounds, and such fees shall.
be paid to such pe;son as the illaiine Board shall appoint.

Certificate ofcompe-	I 2.	Subject to the proviso llereiiiafter contained, the Marine Board
tency to be granted to

shall d c h e r to every applicant who is duly reported by the cxami-

those who paw

ners to hwe passed the examination satisfactorily, and to have given

- satisfactory

27' & &S0 VICTORIX, No, 17.

Marine Board Act Aznerd'mettt A c t. 1 8 6 4.

sntisfactory cvidcnce of his sobriety, expericacc, ability, and general good conduct on board ship, rt certificate (hereinafter called n C'crtificate of Competency") to the effect that hc is competent to act as master, or as first, second, or only mate af a foreign going ship, or as master or mate of n home trade passenger ship, as the casc inay be: Providecl that in cvery case in which the Marine Board has reason to believe such report to have been ui~duly made, such Board may rcniit the case cithcr to the same or ally other ex- aminers, and may require a rr-examination of the applicant, or a further inquiry into his testimonials or character before granting him a certificate.

13. Certificates of service, differing in form from certificates of Certificate of service to bc delivered to

competency shall be granted as follows, that is to say- persons who served as master or rnatea

I, Evcry person who before the first day of Jai~uary, one bofore 1865, and cer-

thousand cight hundred and sixty-firre; servcd as master in ~~~~~~~~~~~s

thc British Mcrchant Xcrvicc. or who has attained or within the limits of the Province, to bc

attains the rank of lieutenant, mastcr, passed mate, or porBons

second master, or any higher rank in tlrc Scrvicc of Her who have sewed as master or mate in

Majesty, shall bc entitled to a certificate of service, as tuc. ,,*hro

master for foreign going ships. 1865.

11. Every person who before the first day of Jmcary, one thousand eight hundred and sixty-fivc, servcd as mate in the British Merchant Service, shall be entitled to a certi- ficate of service as mate for foreign going ships,

1x1. Every peyson who before the first day of January, one thousand eight hundred and sixty-five, has served as master within the limits of the saitl Province of n passenger ship, shall be cntitlecl to S ccrtificzite of service as master

of such ~esse l so cnlploycd.

xv. Every person who has before the first day of Janua~y, one

'thousand eight hundred and sixty-five, served as mate within the limits of the said Province, of a ship, shall be en- titled to certificate of service as mate of vessels so employed.

And each of such certificates of s ~ v i c e shall contain particulars of the name, place and time of birth, nild of the length and nature of previous service, of the person to whoil~ the same 1s delivered; and the Marine Board shall deliver such certificate of service to thc various persons so respectively entitled thereto, upon their proving themselves to have attained such rank, or to have served as afore- said, and upon their giving a full and satisfactory account of the particulars aforesaid.

14. No foreign going ship or passenger ship, trading within the No f o + w ship or

limits of the said Pro~ince, shall proceed to sea from any port in the passenger ship em- ployed within the

said Province, unlegs the master thereof, and in the case of a foreign :g;

going ship, the first and second mates, or only mate (as the case may B,?. without certifi-

be), and in the casc of a passenger ship trading within the limits of ~ 2: : ~ and the said Province, the first, or only mate (as the case may be) shall have

obtained

27" & 28YICTORIZ, No. 17.

Marine Board Act Amendment Act,--1864,

obtained and possess valid certificates of competency or service,

either from the Board of Trade, Marine Board, or other authorized body, appropriate to their several stations in such ship, or of a higher grade, and no such ship, if of one hundred tons burthen or upwards shall go to sea as aforesaid, unless at least one oificer besides the master, has obtained and possesses a valid certificate, appropriate to the grade of only mate thercin, or to a higher grade, and every person who, having been engaged to serve as master, or as first or second, or only mate, of any foreign going ship, or as master or first or only mate, trading within the limits of the said Province, of any passenger ship, goes to sea as aforesaid as S L E ~ master or mate, without being at the time entitled to and possessed of such a cer hticate as hereinbefore required, or who employs any person as master, or first, second, or only mate of any foreign going ship, or as master, or first, or only mate, trading within the limits of the said Province, of a passenger ship, without ascertaining that he is at the time entitled to and possessed of such certificate, shall for each such offence incur a penalty not exceeding Fifty Ponnds.

Certificates for

foreign-going ships 15. Every certificate of compctcncy for a foreign going ship, shall

available,	be deemed to be of a higher grade than the corresponding certificate
of a passenger ship, trrtdiiig within the limits of the said Province, and shall entitle the lawful holder thereof, to go to sea in the corrcspond- ing grade in such last mentioned ship; but no certificate for a home trade passenger ship shall cntitlc the holder to go to sea as master
or mate of a foreign-going ship.
Marine Board may

institute investigation 16. If the Marine Board has reason to believe that auy master or

to inoompstenoyor mate, holding a certificate under the Marine Board, is, &on1 iucom-

misconduct.	petency or miscondurt unfit to discharge his duties, t1.c Marine Board may institute an investigation a t or noarest to the place a t which it may be convenient for the parties and witnesses to. attend to institute the same, and the~eupon such persons as the Alariae	Botlrd may appoint for the purpose, shall, with the assistancc of s	local Stipendiary Magistrate, if any, and if there is no such
Magistrate, of a competent legal assistant, to be appointed by
the Treasurer, conduct the investigation, and may summon the
master or mate to appear, and shall give him a full opportunity of
rualiing a defence either in person or otherwise, and shall, for tlle
purpose of such investigation, lime all the powers giren by the first part of this Act to Inspectors appointcd by the said Act, and may make such orders with respect to costls of such investigation as they may deem just, and shall, on conclusion of the investigation, make a report upou the case to the Treasorer; and in cases where it would be inconvenient for the parties or witnesses to attend before the Marine Board, the Treasurer may direct the same to be instituted before two Justices of the Peace or s Stipendiary Magistrate; and thereupon such investigation shall be conducted, and the results thereof re- ported in the same manner and with the same powers in and with

". which formal investigations into wrecks and casualties arc directed to be corducted, and the results thereof reported, under the provi-

sions

2'7" & 28O VICTORIB, No. 17.

2llnrirte Board Act Amendnzerz t Act.-1864.

-

sions coiitaiiied in 156th to l G 1st clauses of the said Act, save only that if the Treasurer so directs tlle person bringing the charge of incompetency or misconduct to the notice of the Board sliafl be deemed the party having the conduct of the case.

17. All certificates, whether of competency or scrvice, shall be The secretarpto record grants,

made in duplicate; one part shall be delivered to the person cancellations, &C., of entitled to such certificate, and the other part shall be kept and re- and cn,a corded by the Secretary of the &rim Board, or by such other person tries to be evidence.

as the Board shall appoint for that purpose; and the Board s11all give to such Secretary, or mch other person, iminecliatc iioticc of all orders made by it of cancelling, suspending, altering, or otherwise affecting, any certificate, in pursuance of thc powers herein con- tained; and the Secretary, or such other person as aforesaid, shall thereupon make a corresponding entry in the record of certifi- cates, and a copy purporting to he certified by such Secretary, or by such person as aforesaid, of any certificate, shall be primd .fucie evidence of snch certificate; and a copy purporting to bc so certified as aforesaid, of any entry inacle as aforesaid, In respect of any certificate, shall bc primd jacie eviderm of the trutll of the matters stated in such entry.

18. Whenever any master or mate proves to the satisfaction of In case of loss a copy

the Marine Board, that hc has, without fault on his part, lost or been to be granted.

deprived of any certificate already granted to him, the Board shall upon payment of such fee (if' any),-as i t directs, cause a copy of the certificate to which, by the record so kept as aforesaid, he appears to be entitled, to be made out, and to be certified as aforesaid, and to bc delivcrcd to him, and any copy which purports to be so rnadc and certificd as aforesaid, shall have all the effect of thc original.

19. Every person who makes, or procures to be made, or assists reproscntations: for Penalties for f a h

in making, any false representation, for the purpose of obtaining for	forging or altcring
or fraudulently using

hirnself or any other person, a certificate either of competency or or lending any cm-,

service, or who forgcs, assists in forging, or procures to be forged, or	tificate.
fraudulently alters, assists in fraudulently altering, or procures to
be fraudulently altered, any such certificate, or any official copy of any such certhicate, or who fraudulentlt makes use of any such
certificate, or any copy of ally such certificate, which is forged, altered, cancelled, suspended, or to which he is not justly entitled, or who fraudulently lends his certificate to, or allows the same to be used by, any other person, shall for each offcnce be deemed guilty of a misderneanor.

20. This Act and the Marine Board Act of 1860, shall be read ~ ~, & ~ ~; ~ ~; 4;

as one Act. as one ~ c t.

In the name and on behalf of the Queen I hereby assent to

this Act.

D, DALY, Governor,

SCHEDULE

140 27O & 280 VICTORTB, No. 17.

Marine Board Act Amendment Act.-1864.

SCHEDULE REFERRED TO.

HARBOR PILOTAGE DUES.

A table of the charges payable to the & r i m Board fir the services o f the Hclrbor

Masters at the respective ports in the Prou~nce. The foZZowing amou)ats toill irtclude mooring and tamooriny ; each removal to be paid f o ~ separately when

the distance a ship is removed exceeds the length of the vesseZ moved, or when. a

sh+ i s removed jrom the l imits of one whag to another, In nll cases the first

removak to be charged whatever c2istance the ship ?nay be moved. Vessels

registered in tile Province and employed i lz tile coosting trade thereof excepted.

£ s. d.

For every vessel under 100 tons .............................. 0 10 0 .I above 100 tons and under 200 tons .............. 0 15 0

1 6 200 tons G 300 tons .............. 1 5 0

bb 300 tons " 400 tons .............. 1 15 0

I 1 5

-. 400 tons C c 500 tons .............. 2 5 0

$ 6 of 500 tom and upwards .................... 3 0 0

--

Adelaide : Printed by authority, by W, 0, Cox, Qovement Printer, Tioictoria-square.