Marine Board and Navigation Act 1897 (SA)

ANNO SEXAGESIMO ET SEXAGESIMO PRIM0

VICTORIB REGINB.

No. 691.

An Act to amend the " Marine Board and Navigation

Act, 1881 ," and for other purposes.

[Assented to, Decewzder r ~ t h, 1897.1

it Enacted by the Governor, with the advice and consent of

the Pa r l i um~n t of South Australia, as follows:

BE 1, This Act may be cited as " Tht. Marine Board and Navigation sl,,,t title and incor-

9 c t Amendment Act, 1897,'' and shall he incorporated and read as one with the '' RiZarinp T3oarcl and Navigation Act, 1881 " (herein- after referred to as the principnl Act), and any ,4ct or Acts amend-

person on board such ship to attend to such directions, the h a r b o ~

master may cause such ship to be moored, unmoored, placed,

o r removed as he shall think fit, and for that pnrpose may unloose

or

ing the same.

such harbonnastcrs and assistant harbormasters for such ports as harbormasters. 2, The Board, with the consent of the 'T'rensurw, may appoint Appointment of

they shall think necessary. All harbormasters and assistant harbor-

masters heretofore appointrld c~itl~er by the Governor or the Board

shall be deemed to have been duly appointed, and may exercise

all the powers conferred upon harbormasters by the principal Act or this Act o r by any by-laws thcl-eunrier. Every assistant harbor- mastcr shdl have all the powers of a harbormastcr.

3. If the master, owner, or person in chug2 of any ship in or M,o~,, and remov-

at any port shall not moor, unmoor, place, or remove such ship '"gof ves8"~

according to thc directions of the harbor~mster, or if there be no

60" & 61" VICTORIE, No. 691.

The Harine Board and Ilinvigation Act Amendment Act.-1897.

or cut any rope or unshackle or break any chain by which such ship is moored or fastened, and may obtain such assistance and do all such acts as may be ncccrsarp to cnable him to carry out his purpose, and all expenses attending the mooring, unmoori ilg,

placing, or removing of such ship shall be paid to the Board by

the master or owner of' such ship, and the Board may recover such expenses from such masttlr or owner by action in any Court of competent jurisdiction. Any such master, owner, or person who shall refuse or neglect to carry out the reasonable directions of the harbormaster shall be liable to a penaity of not exceeding Twenty Pounds.

Powera of harbor-	4.	The harbormaster of any port may, for the purpose of removing
rnwtenr In removing

ships.

any ship from one place to another in such port, cause such ship to be made fast to another ship being at anchor or moored to any buoy,

wharf, or pile; and any person who shall offer any resistance or impediment to such harbormaster in the exercise of the power hereby conferred, or who shall cast off or cut any such warp or fastening, shall incur for every such offence a penalty not exceeding Ten Pounds: Provided always that nothing in this section con- tained shall disentitle the master or owner of any ship to which any warp or fastening shall have been attached, as hereinbefore pro- vided, by the direction of the said harbormaster, from recovering from the master or owner of the ship so being removed damages for any injury which may have been sustained by reason of sucll warping or unfdstening.

By-laws for safety of 5, I n addition to the powers conferred on i t by section 37 of the

ships in porte. principal Act, the Board, as therein provided, may make by-laws or regulations for all or any of the following purposes, and may from time to time revoke or alter the same:-

For regulating the use, management, and superintendence of

ports and moorings:

For regulating the anchoring, mooring, unmooring, or removal of

any ship in any port:

For the slacking down or heaving in of anchors, cables, hawsers, or other fastenings, topping or bracing of ya,rds, rigging in of booms, davits, bumpkins, or other projecting gear of ships in ports:

For regulating the admission of ships into ports, a d into, near, or alongside any wharves, moorings, or docks, and their removal from the same:

For the good order of shipping whilst within any port:

And generally for regulating and securing the safety of ships in

any port.

6. Notwithstanding

60" & 61" VICTORIE, No. 691. -. - - -L-

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The Marine Board and fivigation Act Amendment Act.-1897.

6. Notwithstanding anything contained in section 37 of the	be given of regula-
Thirty days' notice to

" Marine Board ancl Navigation Act, 1881 ," no by-laws or regula-

tions.

tions shall take effect until thirty days after they shall have first

been published in the Gouernment Gazette.

Parliament to have

7, Section 37 of I he '' Marine Board and Navigation Act, 1881," is hercby amended by leaving out the words "fourteen days," and

thirty days to consider

regulations.

inserting in lieu thereof the words thirty days."

Load Lines.

Repeal of portion of

8. Section 4 of the "Marine Board and Navigation Act Amend- ment Act, 1894," shall be read as if the following words were

section 4 of Act 614

of 1894.

inserted therein at the end of sub-section (3), namely, " of Trade

aforesaid," and as if sub-section (4) were struck out.

Cert@cates of Competency.

Q, No certificate under the seal of the Board heretofore issued

under section 325 of the principal Act shall be deemed to be

invalid on the gronnd that it is not signed by the secretary.

Certificate6 valid.

Bxplosives.

10, The Board, with the consent of the Treasurer, may appoint an Inspector of explo-

inspector or inspectors of cxplosives. Any person heretofore

sives.

appointed inspector of explosives shall be deemed to have been appointed under this Act, and shall have all the powers conferred on an inspector of explosives by this Act or by any by-laws under the principal Act or this Act,

11. If any explosives which, in the opinion of an inspector of explosives, have been damaged, or from their condition are or are

Lading of damaged

or dangerous explo-

sives.

likely to become dangerous t o life or property during storage, trans-

may be seized by an inspector of explosives or any officer of Customs,

port, or use, shall be imported into South Australia, such explosives

and shall be forfeited and destroyed or otherwise disposed of as the

Board may direct.

12. If any explosives in any magazine or lighter shall, in the opinion of an inspector of explosives, be in a condition that renders

Dangsrous explosives

in magazines.

such explosives dangcrous to life and property during storage, trans-

port, or use, the Board may order such explosives to be destroyed, and

the same shall be destroyed accordingly, and the expense of such

destruction shall be borne by the importer or consignee.

13, If any explosives which have not been defined and classified by the Board under section 364 of the principal Act, or which do

Unclassified ex-

plosives prohibited.

not conform in composition, quality, and character to the definition made by the Board under the said section, shall be imported into South Australia, such explosives may be seized by an inspector of explosives or any officer of Customs, and shall be forfeited and destroyed, or otherwise dealt with, as the Board shall direct.

14. The

60" & 61" VICTORIE, No. 691.

The Marine Board and Nnvigation Act Amendment Act.-1 897.

Limit of amount of	14.	The words " exceeding twelve pounds in weight" in sections
explosives allowed in

ports, &c. 333, 334, 335, ,336, 388, 340, 343, 344, and 345, and the words "not exceeding thc amount of twelvc pounds weight" in scction 352 of the principal Act, shall be deemed to refer to twelve pounds weight of gunpowder and five pounds weight of any other lcinci of explosive.

BY-laws for safety of 15, The Board may, subject to the provisions of section 37 of

explosives.

the principal Act, make by-laws and regulations for all or any of the

following mattcrs, namely :-

The inspection of explosives before being landed, transhipped,

or received into a magazine:

To provide for the inspection from time to time of explosives i r l

magazines:

To prohibit the carriage in or from South Australia in a ship, carriage, or boat carrying passengers of any quantity what- ever of any explosive which, in the opinion of an inspector of explosives, is specially dangerous:

To prohibit the carriage by any ship carrying explosives exceed- ing fifty pounds in weight of any article liable to cause fire, or explosion, or to communicate fire:

To regulate the carriage of explosives from and witlfin South

Australia:

To prohibit the manufacture of explosives without a licence:

To provide for the issue of licences to manufacture explosives, and

to prescribe the terms and conditions on which such licences

will be granted:

To provide for the inspection of explosives factories, and to

regulate the method of manufacture in such factories:

The definition of safety cartridges, and the exemption thereof from

all or any of the provisions of the principal Act, or this Act,

or of any by-laws thereunder:

To provide penalties for hreaches of by-laws relating to explosives to an amount not exceeding the sum of Five Hundred Pounds.

Legal Procedure.

Legal procedure. 16. In all legal proceedi~rgs par01 evidencc by any officer of

Customs that any ship is a British ship, or the production of any Customs document wherein any such ship is described as a British ship, shall be primcifacie cvidence that such ship is a British ship.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

T. E'. BUXTON, Goveimor.

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L ~

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