Marine Board Act 1879 (SA)

ANNO QUAU~~AGESIMO	SECUNDO ET QUADRAGESIMO
TERTIO

VICTORIZ REGINB.

A.D. 1879.

No. 155,

An Act t~ further a~neizd the " PvIarinc Hoard Act: of I 860."

HEREAS it is desirilblc to further an~end the Marine Board Proamble.

W Act of 1860," as hereillafter provided-& it therefore	Enacted by the Govemar of the Province of South Australia, with
the advice and consent of the Legislatiw Council a i d House of Assembly of the said province, in this pr e s m t Padiamcnt assembled,
as follows:

1. Y ~ I. (clrtuseb 34 to 44, inclusl~q) of tllp Marine Board 1ler)eaI Palt W. of Marine Hoard

Amendment Act, 1873, shall bc a i d arc liercby repetled.	Amendmcnt A C ~,
1873.

16.5

2, I t shall be lawful for the treasure^, not wit list and in^ anything Treasurer may by

to the contrary contained in sections 8, 9, and 10, of the " Marine tlra duties, kc., ofthe regulations transfer

transfcr any of the ciutics by the said section 10 inip~scd upon the

,Marine Board to the department of the Engineer of Harbors and

Board Act of 1860" by regulations to be made in that behalf, to Marine Boald. force of such regulations the saic! Marine Board, Engineer of Harbors and Jetties, or other officer 3s aforesaid, shall respectively have, exercise, and enjoy such powers, rights, and privileges, and perform

such duties, as may be specified or declared by such regulations.

Such regulations shall be published ill the Gouet.~neen t Gazette. and shall thereupon be deemed to be in forco.

3, I t shall be lawful for the Treasurer, from time to time, to vary Treasurer may V W J

or rescind such regulations or any of them, and such regulations or rescind regulations.

shall, from time to time, when varied or rescinded, subject to such

variation

No.

variation or recission when published. in the Governmm t Gazette, be

in force and valid for the purposes of the last preceding section,

Abolition of com- 4.

No owner, master, consignee, or agent of any ship, the port of registration whereof is situated within any of the Australian Colonies oLXVew Zealand, and whereof the inaster for the time being is in possession of a certificate from the Marine Board of exemption from pilotage, shall, after the passing of this Act, be compelled to employ n pilot, anything in the said " Marine Board Act of 1860," or any amcndmeit thereof, to the contrary notwithstanding, or in case such owner, master, consignee, or agent does not ernploy a pilot, to forfeit or pay any sum of money by way of pilotage dues or rates, or of penalty for not employing a pilot.

pulsory pilotage in

certain cases.

Saving of rights of 5. Nothing in this Act contained, except so far as is herein

q~iitlijled pilots. expressly provided, shall affect the powers. rights, and privileges of any " qualified pilot" within the tneaning of the said Act.

Gunpowdcrwhenevcr	6. In the construction, and for t l ~ e	purposes of the " hlarinc
used in Marine Board

~~t~ of 1SBOnnd1873 Board Act of 1860," the " Marine Board Aniendnlent Act, 1873,"

to include ex- and of this Act, the expression " gt:ayowder," whenaver used, shall

plosive substance, RS

heroin defined.

be deemed to include nitro-glycerine, dynamite, lithofractenr, gull cotton, blasting powder, fulminate of mercury, or other metals, coloreil fires, and every other substance, whstlwr similar to those above-mentioued or not, used or manrrfactussd with view to produce a practical effect by cvplosioli or a pyrotcchnic effect-as

well as fog signals, fireworks, fuocs, rockets,. percbssion caps, deto- nators cartridge, amn~unition of all dcscn p tions, and every adap- tation or preparation of any of t l~c said subctnnces; and also every other material or substance which the Go~ernor may. by Procla- rnation published in the South A?uh.nlim Gur:erzlme,tt Gazette, dircct to be included within the meaning of the expression 6' gunpowclcr " for the purposes of tbe said Ads.

~ a h e Board to h a w 7. The Marine Hoard may, from tiii~e to time, fix upon any

power. of fixing

ma~azinee.

suitablc building built of brick or stone, ;old Iiiivillg a lightning co~iiluctor thereto, and being at a distance of not lws than two hundred yards distant from any- clwelling-house or public road, or may fix upon any suitable ship, drcdgc, boat, or barge, to be a magazine for the storage of gunpowder, and such magaziilc shall be deemed to be it public magazine within tllc meaning of the said Acts.

M a h e Board may

make regulations for 8. The Marine Buarcl my, anything to the coiltrary in the said

fixha the quadyeof Act contained nowithstanding, by regulations to be made in that

" ~ n ~ o w d e r "	which behalf, determine the respective quantities of thc said substances
may be kept by

DersonR in t~laces llereinbefcre included in the expression gunpowder," which may

bthe1'thankwincg, be kept by any person, being eiher a dealer in L6g~mpowder"	or n i t
&c

respectively, in any house, storehouse, warehouse, shop, cellar, yard, wharf, building, or place other than a public magazine, dnd may, from time to time, vary or rescind such regulations, a d may in such regulations fix penalties for the breach thereof. 9. The

42' YL 43' VICTORIK, No. 155.

Marine Bond Art Amendment Act.-1879.

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9. The last three preceding sections of this Act shall comc into ~ ~ ~ m e n c e m ' t "

forcc and take effect on a day to be fixed by the Governor by Proclamation ill the Goccl-ttnwzt Gazette ; the remaining sections shall come into force and take effect on the passing hereof.

10, This Act and the said Marine Board Act of 1860 " and " The Incorporation.

Mariilc Board Amendmerit Act, 1873," shall be incorporated and

shall be read and 'constmed togethcr as forming one Act.

I n the name ancl on behalf of Her Majesty, I hereby assent

to this Bill.

MW. E'. DRUhZMOWD JERVOIS, Governor.

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Adelaide: By authority:~. SPILLER, Acting ~ovemment Printer, ~orth-&&ee. c