Maritime Services Act 1935 (NSW)

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An Act to provide for the constitution of a board to be styled “The Maritime Services Board of New South Wales”; to provide for the exercise and discharge by such board of the powers, authorities, duties, functions and obligations of the Sydney Harbour Trust Commissioners; to provide that such Board shall be charged with the administration of the Navigation Act 1901 and certain other Acts; to confer and impose certain other powers, authorities, duties and functions on such board; to amend the Sydney Harbour Trust Act 1900–1931, the Navigation Act 1901 and certain other Acts in certain respects; and for purposes connected therewith.

Part 1Preliminary1Name of Act and commencement(1)

This Act may be cited as the Maritime Services Act 1935.

(2)

This Act shall commence upon a date to be appointed by the Governor and notified by proclamation published in the Gazette.

(3)

(Repealed)

2Definitions(1)

In this Act, unless the context or subject-matter otherwise indicates or requires:

Freight receptacle means a receptacle of a permanent character, other than a vessel, used or designed or adapted for use as a receptacle for the carriage of goods.

Goods includes wares, merchandise, articles and substances of whatsoever description and, except in the definition of Freight receptacle in this subsection, includes a freight receptacle.

Harbour master has the same meaning as it has in the Ports and Maritime Administration Act 1995.

Installation includes any fixed, floating or movable structure for the berthing, docking, slipping, or repairing of vessels, or the handling of passengers, cargo, supplies or fuel, any pipe-line, conveyor or loading or unloading apparatus, and anything whatsoever erected, constructed, moored or stationed in, on, or in the vicinity of any port or navigable waters by the Board or by any person for the purpose of conducting, facilitating or regulating in any way the operation of such port or the use of such waters.

Master includes every person having lawfully, or de facto, the command, charge, or management of a vessel for the time being.

Owner includes any person exercising or discharging, or claiming the right or accepting the obligation to exercise or discharge, any of the powers or duties of an owner, whether on the person’s own behalf or on behalf of another and:

  • (a)

    in relation to goods, other than freight receptacles, includes a consignor, consignee, shipper or agent for the sale, custody, shipment or unshipment of the goods,

  • (b)

    in relation to a freight receptacle, includes a person who has contracted to carry goods therein, and the owner of any vessel on or from which the freight receptacle is carried or was last unshipped in a port, and

  • (c)

    in relation to a vessel, includes:

    • (i)

      a person who is the owner of a vessel jointly with any other person or persons,

    • (ii)

      in relation to a vessel for which while it is in a port or when it was last in a port there is or was an agent for the berthing…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.