Marine Board and Navigation Act 1894 (SA)

ANNO QUINQUAGESIMO SEPTIMO ET QUINQUA-

GESIMO OCTAVO

VICTORIB REGINB*

A.D. 1894.

No. 614.

An Act to amend the " Marine Board and Navigation

Act, 1881," and for other purposes.

[Reserved, Decem6er 2 n f, 1894.1

it Enacted by the Governor of the Province of South Aus- Preamble.

tralia, with the advice and consent of the Legislative Council

and House of Assembly of the said province, in this present Parlia-	BE
ment assembled, as follows:

1. This Act may be cited as the Marine Board and Navigation Short title and incor-

poration.

Act Amendment Act, 1894," and, except so far as inconsistent the said Act in place of sections 191,192, 193, and 194.

therewith, shall be incorporated and read as one with the Marine

with lines (in this Act called decklines), of not less than twelve inches in length and one inch in breadth, painted longitudinally

Board and Navigation Act, 1881," hereinafter referred to as the said

2. Sections 191, 192, 193, and 194 of the said Act are hereby Repeal.

repealed.

Deck and Load Lines.

3, (1) Every ship (except ships under fifteen tons register ~ i fark ing~fa~ck-~BI.

employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts, and ships employed exclusively in trading or going from place to place in any fresh water river or lake in South Australia) shall be permanently and conspicuously marked

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Miwine Board m d 1Vaviyation Act Amendment Act.-1894,

on each side amidships, or as near thereto as is practicable, and

indicating the position of each deck which is above water.

(2,) The upper edge of each of the deck-lines must be level with

the upper side of the deck plank next the water-way at the place of

marking.

(3) The deck-lines must be white or yellow on a dark ground, or

black on a light ground.

(4) I n this section. the expression amidshipd'means the middle

of the length of the load water-line as measured from the fore side

of the stem to the aft side of the stern-post.

Marking of load-line. 4, (1) The owner of every ship proceeding to sea from a port in

the said province (except as excepted bp the preceding section) shall, before the time hereinafter mentioned, mark upon each of her sides amidships, within the meaning of the last-preceding section, or as near thereto as is practicable, in white or yellow on a dark ground, or in black on a, light ground, a circular disc twelve inches in diameter, with a horizontal line eighteen inches in length drawn through its centre.

(2) The centre of this disc shall be placed at such level as may be approved byethe Board, below the deck-line marked under this Act and specified in the certificate given thereunder, and shall indicate the maximum load-line in salt water to which i t shall be lawful to load the ship.

(3) The position of the disc shall be fixed in accordance with the tables used at the time of the passing of this Act by the Board of Trade of the United Kingdom, subject to such allowance as may be made necessary by any difference between the position of the deck-

line marked under this Act and the position of the line from which

freeboard is measured under the said tables, and subject dso to such modifications (if any) of the tables and the application thereof as may be from time to timc approved by the Board.

(4) In approving any such modifications thc Board shall have regard to any representations which may be made to them by any corporation or association for the survey or registry of shipping for the time being appointed or approved by the Board for the purpose:

Provided that no vessel carrying cargo fox the United Kingdom or Continent of Europe or North America shall have less freeboard than that required by the Board of Trade.

Shipwith submerged	6. If a ship is so loaded as to submerge in salt water the centre an unsafe ship within the meaning of the provisions of Part 111, of the said Act relating to unseaworthy ships, and the submersion of the disc shall, for the purpose of those provisions, be a reasonable and probable cause for the detention of the ship.
10d-Ewdeemed	~ ~ a f e.	of the disc indicating the load-line, the ship shall be deemed to be

6. (1) Where

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Marine Board and Naeigation Act Amendment Act,-I 894.

8. (1) Where a ship proceeds on a voyage from a port in the	load-line in caae of
Time, &c.,for marking

said province for which the owner is required to enter the ship	foreign-@g	v e ~ l s.
outwards, the disc indicating the load-line shall be marked before so entering her, or, if that is not practicable, as soon afterwards as may be.
(2) The owner of the ship shall upon entering her outwards insert in the form of entry a statement in writing of the distance in feet and inches between the centre of this disc and the upper edge of each of the deck-lines which is above that centre, and, if default is made in inserting that statement, the ship may be detained.

(3) The master of the ship shall enter a copy of that statement in

the agreement with the crew before it is signed by any member of the crew, and a superintendent of a mercantile marine shall not proceed with the engagement of the crew until that entry is made.

(4) The master of the ship shall also enter a copy of that state- ment in the official log book.

( 5 ) When a ship has been marked, as by this section required, she

shall be kept so marked until her next return to a port of discharge

in the province,

7, (1 ) Where a ship employed in the coasting trade is required Time, &C.? for mark- ing load-he in case

to be marked with a disc indicating the load-line she shall be so marked before the ship proceeds to sea from any port, and the owner shall also once in every twelve months, immediately before the ship proceeds to sea, transmit or deliver to the chief officer of Customs of the port of registry of the ship a statement in writing of the distance in feet and inches between the centre of the disc and the upper edge of each of the deck-lines which is above that centre. w k g v e m l a.

(2) The owner, before the ship proceeds to sea after any renewal

or alteration of the disc, shall transmit or deliver to the chief officer

of Customs of the port of registry of the ship notice in writing of that renewal or alteration, together with such statement in writing	as before mentioned of the distance between the centre of the disc
and the upper edge of each of the deck-lines.
(3) If default is made in transmitting or delivering any notice or statement under this section the owner shall be liable to a penalty for each offence of not exceeding One Hundred Pounds.
(4) When a ship to which this section applies has been marked with a disc indicating the load-line, she shall be kept so marked until. notice is given of an alteration.

8. The Board shall appoint an officer to approve and certify on Bow& to appoint

their behalf from time to time the position of any disc indicating the ,*~utolad.hm	ofEcer to approve and
maximum load-line and any alteration thereof, and may appoint fees

to be taken in respect of any such approval or certificate.

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Marbe Buard and Navigation Act Amendment Act.-1894.

9. (1) The Board may make regulations-

(a)

Determining the lines or marks to be used in connection with

the disc in order to indicate the maximum load-line under

* different circumstances and different seasons, and declaring that the provisions of this Act are to have effect as if any such line were drawn through the centre of the disc:

( b ) As to the mode in which the disc and the lines or marks to be used in connection therewith are to be marked or affixed on the ship, whether by painting, cutting, or other- wise:

(C)	As to the mode of application for, and form of, certificates
under this section: and

(d) Requiring the entry of those certificates and other particulars

as to the draught of water and freeboard of the ship in the official log book of the ship, or other publication thereof on board the ship, and requiring the delivery of copies of those entries.

(2) A? such regulations shall while in force have effect as if enacted in this Act, and if any person fails without reasonable cause to comply with any such regulation with respect to the entry, publication, or delivery of copies of certificates or other particulars as to the draught of water and freeboard of a ship, he shall for each offence be liable to a penalty of not exceeding One Hundred Pounds.

(3) When in pursuance of the regulations any such certificate is required to be delivered, a statement in writing as to the disc and deck-lines of a ship need not be inserted in the form of entry or transmitted or delivered to a chief officer of Customs under the provisions hereinbefore contained.

Pmaltiet for offences

in relation to marking 10. (l) 13-

of load-line.	(a)	Any owner or master of a British ship fails, without reason-
able cause, to cause his ship to be marked as by this Act
required, or to keep her so marked, or allows the ship to
be so loaded as to submerge in salt water the centre of the
disc indicating the load-line; or

(6) Any person conceals, removes, alters, defaces, or obliterates,

or suffers any person under his control to conceal, remove,

alter, deface, or obliterate any of the said marks, except in the event of the particulars thereby denoted being lawfully altered, or except for the purpose of escaping capture by an enemy:

He shall for each offence be liable to a penalty of not exceeding

One Hundred Pounds.

(2) If any mark required by this Act is in any respect inaccurate,

so as to be likely to mislead, the owner of the ship shall for each offence be liable t o a penalty of not exceeding One Hundred

P~wdq. 11, Where

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Marine Board and Navigation Act Amendment Act. -- 1 894.

11. Where the Legislature of the United Kingdom of Great EEgi?$tiag to

Britain and Ireland. or of anv British possession other than South Australia, by any eriactment brovidos for the fixing, marking, and certifying of load-lines on ships registered in that kingdom or possession, and it appears to the Governor that the provision of that enactment are based on the same principles as the provisions of this

Act, and are equally effective for ascertaining and determining the

maximum load-lines to which such ships can be safely loaded in salt water, and for giving notice of the load-line to persons in- terested, it shall be lawful for the Governor to declare that any load-line fixed and marked, and any certificate given, in pursuance of that enactment, shall, with respect to ships so registered, have the same effect as if i t had been fixed, marked, or given in pur- suance of this Act.

the time being in force in any foreign state with respect to foreign ships. 12, Where the Board certify that the laws and regulations for Provisions relating to

overloading and imp~oper loading are equally effective with the provisions of the said Act and this Act with respect thereto, it shall be lawful for the Governor to direct that, on proof of a ship of that State having complied with those laws and regulations, she shall not, when in a port of the said province, be liable to detention for non-compliance with the said provisions of the said Act and this Act, nor shall there arise any liability to any penalty which would otherwise arise for non-compliance with those provisions: Provided that this section shall not apply in the case of ships of any foreign country in which it appears to the Governor that corresponding provisions are not extended to British ships.

13. Sub-section IY. of section 327 of the said Act is hereby Thir&clasgc&ifi.

repealed, and the following sub-section substituted in licu thereof :- in

IV. Every intercolonial steamship trading "by" river, and every

steamship of fifty nominal horsepower or under plying

ports in the Gulf of St. Vincent or Spencer's Gulf, within any port in the province or trading between any

shall have as her engineer an engineer possessing a third-

class engineer's certificate or a certificate of a higher

grade,

14. This Act shall not come into operation until Her Majesty's Suspenhgclauee.

pleasure thereon has been publicly signified in the province, but after the signification of such pleasure the Governor may, by Pro- clamation in the Government Gazette, appoint a day on and after which this Act shall come into force.

' I reserve this Act for the signification of Her Majesty's pleasure.

KINTORE, Governor.

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Adelaide : By authority, C. E. Bsrsrow, Government Printer, North-terrace.

B-614