Maritime Services (Amendment) Act 1960 (NSW)

MARITIME SERVICES (AMENDMENT) ACT.

Act No. 51 , 1960.

An Act to extend the jurisdiction of the Maritime Services Board of New South Wales; to reconstitute the said Board; for these and other purposes to amend the Sydney Harbour Trust Act, 1900-1953, the Navigation Act, 1901-1954, the Maritime Services Act, 1935-1953, the Harbour and Tonnage Rates Act, 1920-1953, the Rivers and Foreshores Improvement Act, 1948-1955, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 21st Novem­ ber, 1960.]

BE	it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as
follows: —

(1) This Act may be cited as the "Maritime Services (Amendment) Act, 1960".

I .

(2) The Maritime Services Act, 1935, as amended by subsequent Acts and by this Act, may be cited as the Maritime Services Act, 1935-1960.

(5) The Harbour and Tonnage Rates Act, 1920, as amended by subsequent Acts and by this Act, may be cited as the Harbour and Tonnage Rates Act, 1920-1960. (6)

(3) The Navigation Act, 1901, as amended by subsequent Acts and by this Act, may be cited as the Navigation Act, 1901-1960.

(4) The Sydney Harbour Trust Act, 1900, as amended by subsequent Acts and by this Act, may be cited as the Sydney Harbour Trust Act, 1900-1960.

(6) The Rivers and Foreshores Improvement Act, 1948, as amended by subsequent Acts and by this Act, may be cited as the Rivers and Foreshores Improvement Act, 1948-1960.

2 . The Maritime Services Act, 1935-1953, is amended— (a) (i) by inserting in subsection one of section two after the definition of "Commissioner" the following new definitions : —

"Goods" includes wares, merchandise, articles

and substances of whatsoever description.

"Harbour master" includes any person acting

in the capacity of harbour master.

"Installation" includes any fixed, floating or movable structure for the berthing, dock­ ing, 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 law­ fully, 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 his own behalf or or. behalf of another.

(ii)

(ii)   by inserting in the same subsection after the definition of "President" the following new definitions : —

"Shore" means shore so far as the tide flows and reflows, between high and low water-marks.

"Vessel" means any ship, lighter, barge, boat, raft, craft and any floating object or apparatus used wholly or in part for the conveyance of persons or things by water, of whatsoever description and howsoever navigated, and includes amphibious vehicles, seaplanes, hydro­ planes, sunken or stranded vessels and the wreck or remains of any vessel.

(b) by inserting next after the same section the following new section : —

2A. Where the provisions of this Act are inconsis­ tent with the provisions of any other Act with the administration of which the Board is charged the provisions of this Act shall prevail.

(1) Upon a day to be appointed by the Governor and notified by proclamation published in the Gazette (which day is in this section referred to as the "appointed day"), the Maritime Services Board of New South Wales shall be reconstituted and shall consist of seven members who shall be appointed in accordance with section three of the Maritime Services Act, 1935-1953, as amended by this section.

3.

sioners of the Maritime Services Board of New South Wales	immediately before the appointed day held office as commis­(2) As from the appointed day the persons who
shall, subject to the Maritime Services Act, 1935, as amended by subsequent Acts, continue to ho!d office as such commis­ sioners for the remainder of the unexpired term for which they were appointed and shall be eligible for reappointment.
(3) Nothing contained in this section shall prejudice or affect the continuity of the body corporate constituted under subsection two of section three of the Maritime Services Act, 1935, as amended by subsequent Acts, but the same shall continue notwithstanding the provisions of this section.

(4)

(4) (a) For the purposes only of the appointment of the additional commissioners of the Maritime Services Board of New South Wales, and of any matters necessary for or incidental to such appointment the provisions of subsection five of this section shall commence on the day upon which the assent of Her Majesty to this Act is signified.

(b) The persons so appointed shall assume their offices as commissioners of the Maritime Services Board of New South Wales upon the appointed day, and on that day the provisions of subsection five of this section shall come into force for all purposes.

(5) The Maritime Services Act, 1935-1953, is further

amended—•

(a)	by omitting from paragraph (a) of subsection one of section three the word "five" and by inserting in lieu thereof the word "seven";
(b)	by omitting paragraph (b) of the same subsection and by inserting in lieu thereof the following paragraph: —

(b) Of the commissioners so to be appointed : —

(i)   three shall be nominated by the Minister, one of whom shall be identified with the interests of the Port of Newcastle, and two of whom shall be identified with such interests concerned with the administration of this Act

as the Minister may think advisable;

(ii)   one shall be the Permanent Head of the Department of Public Works.

The commissioners nominated under subpara­ graph (i) of this paragraph are in this Act referred to as "nominated commissioners".

The provisions of subsections seven, eight, nine, ten, eleven and twelve of this section shall not apply to or in respect of the Permanent Head of the Department of Public Works.

(c)

(c) by inserting at the end of paragraph (a) of subsection

three of the same section the following new

paragraph : —

This paragraph shall not extend to or in respect of the Permanent Head of the Department of Public Works.

(d) (i) by inserting in paragraph (a) of subsection four of the same section after the words "nominated commissioners" the words "and the Permanent Head of the Department of Public Works";

(ii)  by omitting paragraph (b) of the same subsection;

(iii)  by inserting at the end of paragraph (c) of the same subsection the following new paragraph: —

The provisions of this subsection shall apply, mutatis mutandis, to and in respect of the Permanent Head of the Department of Public Works and the Permanent Head of the Department of Public Works shall, notwith­ standing the provisions of any Act or of any rule or regulation made under any Act, be entitled to receive remuneration and expenses under this section in addition to any remuneration to which he is otherwise entitled.

4 . The Maritime Services Act, 1935-1953, is further

amended—

(a) by inserting in subsection three of section one after the matter relating to Division 3 of Part III the following new matter : —

DIVISION 3A.—Port of Newcastle.

DIVISION 3B— Port of Botany Bay.

DIVISION 3C.—Additional powers of Board.

(b)

(b) by inserting next after section thirteen the following new Divisions : —

DIVISION 3A.—Port of Newcastle.

13A. Upon a date to be appointed by the Governor and notified by proclamation published in the Gazette, there shall be vested in the Board the lands included in Parts 1, 2, and 3 of Schedule Three to this Act which immediately before the appointed day were vested in the Crown or any Minister of the Crown or the Commissioner for Railways.

Nothing in this section shall apply to : —

(a)	structures, cranes and fixed apparatus owned by the Grain Elevators Board of New South Wales erected on such lands; or
(b)	wharves, structures, cranes and fixed appara­ tus owned or operated by the New South Wales Government Engineering and Ship Building Undertaking or owned or operated by the Minister for Public Works for the purposes of the construction and maintenance of harbour works or for the conduct and maintenance of the said Minister's dredging fleet.

13B. (1) The Board and any Minister of the Crown or the Commissioner for Railways shall

arrange and agree upon : —

(a) the vesting in the Board of land, other than land to which section 1 3A of this Act applies, vested in or controlled by such Minister or Commissioner, as the case may be, which may be found necessary for the conduct of the Port of Newcastle, and the removing from the Board of land which before its vesting in the Board was vested in or controlled by such Minister or Commissioner, as the case may be, and which may be found unnecessary for the conduct of the Port of Newcastle:

(b)

(b)	the transfer to the Board of such vessels, floating and movable plant, vehicles, mobile cranes, machinery, apparatus and things used on or in connection with the Port of Newcastle, or wharves, structures, cranes and fixed apparatus referred to in paragraph (b) of section 13A of this Act, as may be agreed to be appropriate, and the severance and removal by such Minister or Commissioner, as the case may be, from the lands vested in the Board for the conduct of the Port of Newcastle of such fixed plant, apparatus and installations as may be agreed to be appropriate;
(c)	the delivery to or by the Board, the Minister or the Commissioner for Railways, as the case may require, of such books, documents, records or papers relating to or concerning any lands vested in or removed from the Board and works and operations carried out thereon, or anything the subject of any transfer or severance and removal pursuant to paragraph (b) of this subsection, as may be agreed to be appropriate; and
(d)	the transfer to the service of the Board of such officers or employees of the Department concerned in any such arrangement and agreement as may be agreed to be appropriate and the adjustment of liability for the future
rights of the officers so transferred in respect
of their antecedent service.

(2) (a) A Joint Committee constituted as hereinafter provided shall recommend to the Governor a basis for the determination of—

(i)   any dispute arising under or in connection with subsection one of this section between the Board and the Minister of the Crown concerned in such dispute or the Commis­ sioner for Railways;

(ii)

(ii)  the financial adjustment of all matters arising out of the vestings, transfers, assignments and other dealings and matters referred to in section 13A of this Act and this section in respect of which such Joint Committee is constituted, including the loan liability of the Board to the Treasurer, and matters which appear to it to be equitable should be adjusted by virtue of the operation of section 13c of this Act.

(b) A Joint Committee shall consist of five members, namely a chairman who shall be from time to time appointed by the Treasurer and who shall convene and preside at all meetings, two members who shall be from time to time appointed by the Board to represent the Board, and two members who shall be from time to time appointed by the Minister, who is concerned in the matters in respect of which such Joint Committee is constituted, or by the Commissioner for Railways, as the case may require, to represent him.
(c) Any determination made by the Governor in pursuance of paragraph (a) of this subsection shall be final and binding on the Board and the Minister so concerned, or the Commissioner for Railways, as the case may require, and shall have the like force and effect as if such determination had been embodied in any arrangement and agreement entered into pursuant to this section.

(3) (a) Any lands in respect of which an arrangement and agreement for their removal has been entered into pursuant to subsection one of this	section and any fixed plant, apparatus and
installations in respect of which any such arrange­ ment and agreement for their severance and removal has been so entered into shall vest in or be transferred to such person as may be specified in such arrangement and agreement as from a date to be specified therein.
(b) Any lands in respect of which an arrangement and agreement for their vesting in the Board has been entered into pursuant to subsection

one

one of this section and any vessels, floating and movable plant, vehicles, mobile cranes, machinery, apparatus and things, or wharves, structures, cranes and fixed apparatus referred to in paragraph (b) of section 13A of this Act, in respect of which any such arrangement and agreement for their transfer to the Board has been so entered into shall vest in or be transferred to the Board as from a date to be specified in such arrangement and agreement.

(4) Sufficient records of all arrangements and agreements and determinations made pursuant to this section shall be filed in the offices of the Treasury, the Board and the Minister concerned or the Commissioner for Railways, as the case may require, and the production by the Board or such Minister or the Commissioner for Railways of a document purporting to be the record of any such arrangement and agreement or determination shall be sufficient evidence in any proceedings of the matters contained therein.

13c. As on and from the date upon which any land or personal property vests in the Board pur­ suant to section 13A or 13B of this Act the following provisions shall have effect: —

(a)	All moneys, liquidated and unliquidated claims which, immediately before such date are payable to or recoverable by the Crown
or any Minister of the Crown or the
Commissioner for Railways in relation to or in connection with any such land or personal property, shall respectively be moneys, liquidated and unliquidated claims payable to or recoverable by the Board.
(b)	All suits, actions and proceedings pending immediately before such date at the suit of the Crown or any Minister of the Crown or the Commissioner for Railways in relation to or in connection with any such land or

personal

personal property shall respectively be suits, actions and proceedings pending at the suit of the Board.

(c)	All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Crown or any Minister of the Crown or the Commissioner for Railways in relation to or in connection with any such land or personal property and in force immediately before such date shall respec­ tively be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the Board.
(d)	The Board may pursue the same remedies for the recovery of any such moneys and claims, and for the prosecution of such suits, actions and proceedings, as the Crown or any Min­ ister of the Crown or the Commissioner for Railways might respectively have done but for this Division of this Part of this Act.
(e)	The Board may enforce and realise any security or charge existing immediately before such date in favour of the Crown or any Minister of the Crown or the Commissioner for Railways in respect of any such moneys and claims as if such security or charge were existing in favour of the Board.
(f)	All debts due and moneys payable by the

Crown or any Minister of the Crown or the Commissioner for Railways relating to any such land or personal property and all claims, liquidated or unliquidated, recoverable against the Crown or any Minister of the Crown or the Commissioner for Railways relating to any such land or personal property shall respectively be debts due and moneys payable by and claims recoverable against the Board.

(g)

(g) No attornment by a lessee of any land vested in the Board by section 13A or 13B of this Act shall be necessary.

13D. (1) This section shall commence upon the

date appointed by the Governor under section 13A
of this Act.

(2) In that part of the bed and shores of the Hunter River including the channels and bays thereof extending upstream from the area included in Part 1 of Schedule Three to this Act to a line extending due west across the Hunter River from the point where the left bank of the Williams River meets the left bank of the Hunter River, no person shall without the consent of the Board—

(a) construct or authorise the construction of any embankment, retaining wall, reclamation,

wharf, dock, pier, jetty, landing stage, moor­

ing apparatus, slip or platform; or

(b) carry out any dredging operations.

(3) This section shall bind the Crown but shall not apply to works or dredging undertaken or authorised by the Crown under the Newcastle Har­ bour Improvements Act, 1953, the Broken Hill Proprietary Company Limited (Reclamation and

Exchange) Agreement Ratification Act, 1950, or the Broken Hill Proprietary Company Limited (Steel­

works) Agreement Ratification Act, 1950, or

otherwise undertaken by the Crown for the purpose
of flood control in the Hunter River.

(4) For the purposes of section 13T of this Act, any work carried out in contravention of para­ graph (a) of subsection two of this section shall be deemed to have been carried out on land vested in the Board.

13E.

13E. The Minister for Public Works in the exercise of his powers or authorities under the Newcastle Harbour Improvements Act, 1953, and the Hunter Valley Flood Mitigation Act, 1956, shall in respect of any works to be carried out upon lands vested in the Board do so at such times and in such manner as may be agreed upon between the Minister for Public Works and the Board.

13F. In the exercise of the powers provided for in section 13N of this Act in so far as the Port of New­ castle and the Hunter River are concerned it shall be incumbent upon the Board at all times : —

(a)	to have regard to the likely effect of its proposals upon the river control and flood problems of the Hunter River;
(b)	to inform the Minister for Public Works of any proposed works likely to affect the river control and flood problems of such river; and
(c)	to consider all objections to such works which may be raised by the Minister for Public Works, and inform such Minister of the Board's decision before proceeding with any construction work involved.

13G. If the Board and the Minister for Public Works are unable to agree upon any question or matter arising under or in connection with section

13E or 13F of this Act, the question or matter shall

be referred to a Joint Committee and shall be deter­ mined by the Treasurer in accordance with the pro­ visions of subsection two of section 13B of this Act. The provisions of the said subsection applicable to the constitution of Joint Committees shall apply, mutatis mutandis, to the constitution of a Joint Committee under this section.

DIVISION

DIVISION 3B.—Port of Botany Bay.

13H. Upon a date to be appointed by the Governor and notified by proclamation published in the Gazette, there shall be vested in the Board the lands included in Schedule Four to this Act which immediately before the appointed day were vested in the Crown or any Minister of the Crown.

13i. (1) The Board and any Minister of the Crown shall arrange and agree upon : —

(a)	the vesting in the Board of land, other than land to which section 13H of this Act applies, vested in or controlled by such Minister which may be found necessary for the conduct of the Port of Botany Bay, and the removing from the Board of land which before its vesting in the Board was vested in or con­ trolled by such Minister and which may be found unnecessary for the conduct of the Port of Botany Bay;
(b)	the transfer to the Board of such vessels, floating and movable plant, vehicles, mobile cranes, machinery, apparatus and things used on or in connection with the Port of Botany Bay as may be agreed to be appropriate, and the severance and removal by such Minister from the lands vested in the Board for the conduct of the Port of Botany Bay of such fixed plant, apparatus and installations as may
be agreed to be appropriate;
(c)	the delivery to or by the Board or the Minister of such books, documents, records or papers relating to or concerning any lands vested in or removed from the Board and works and operations carried out thereon, or anything the subject of any transfer or severance and removal pursuant to paragraph (b) of this subsection, as may be agreed to be appropriate; and

(d)

(d) the transfer to the service of the Board of such officers or employees of the Department concerned in any such arrangement and agreement as may he agreed to be appropriate and the adjustment of liability for the future rights of the officers so transferred in respect of their antecedent service.

(2) (a) A Joint Committee constituted as hereinafter provided shall recommend to the Governor a basis for the determination of—

(i)   any dispute arising under or in connection with subsection one of this section between the Board and the Minister of the Crown concerned in such dispute;

(ii)   the financial adjustment of all matters arising out of the vestings, transfers, assignments and other dealings and matters referred to in section 13H of this Act and this section in respect of which such Joint Committee is constituted, including the loan liability of the Board to the Treasurer, and matters which appear to it to be equitable should be adjusted by virtue of the operation of section 13J of this Act.

The loan liability of the Board to the Treasurer

shall not include any capital liability in respect of

Schedule Four to this Act before the first day of	loan expenditure incurred in the area included in
July, one thousand nine hundred and fifty-four.
(b) A Joint Committee shall consist of five members, namely a chairman who shall be from time to time appointed by the Treasurer and who shall convene and preside at all meetings, two mem­ bers who shall be from time to time appointed by the Board to represent the Board, and two members who shall be from time to time appointed by the

Minister,

Minister, who is concerned in the matters in respect of which such Joint Committee is constituted, to represent him.

(c) Any determination made by the Governor in pursuance of paragraph (a) of this subsection shall be final and binding on the Board and the Minister so concerned and shall have the like force and effect as if such determination had been embodied in any arrangement and agreement entered into pursuant to this section.

(3) (a) Any lands in respect of which an arrangement and agreement for their removal has been entered into pursuant to subsection one of this section and any fixed plant, apparatus and installa­ tions in respect of which any such arrangement and agreement for their severance and removal has been so entered into shall vest in or be transferred to such person as may be specified in such arrangement and agreement as from a date to be specified therein.

(b) Any lands in respect of which an arrangement and agreement for their vesting has been entered into pursuant to subsection one of this section and any vessels, floating and movable plant, vehicles, mobile cranes, machinery, apparatus and things in respect of which any such arrangement and agreement for their transfer to the Board has been so entered into shall vest in or be transferred to the Board from a date to be specified in such arrange­

ment and agreement.

(4) Sufficient records of all arrangements and agreements and determinations made pursuant to this section shall be filed in the offices of the Treasury, the Board and the Minister concerned and the production by the Board or such Minister of a document purporting to be the record of any such arrangement and agreement or determination shall be sufficient evidence in any proceedings of the matters contained therein.

13J.

13J. As on and from the date upon which any land or personal property vests in the Board pursuant to section 13H or 13i of this Act the following pro­ visions shall have effect: —

(a)	All moneys, liquidated and unliquidated claims, which, immediately before such date are payable to or recoverable by the Crown or any Minister of the Crown in relation to or in connection with any such land or per­ sonal property, shall respectively be moneys, liquidated and unliquidated claims payable to or recoverable by the Board.
(b)	All suits, actions and proceedings pending immediately before such date at the suit of the Crown or any Minister of the Crown in rela­ tion to or in connection with any such land or personal property shall respectively be suits, actions and proceedings pending at the suit of the Board.
(c)	All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Crown or any Minister of the Crown in relation to or in connection with any such land or personal property and in force immediately before such date shall respectively be deemed to be contracts, agree­ ments and undertakings entered into with,
and securities given to or by the Board.
(d)	The Board may pursue the same remedies for the recovery of such moneys and claims, and for the prosecution of such suits, actions and proceedings as the Crown or any Minister of the Crown might respectively have done but for this Division of this Part of this Act.
(e)	The Board may enforce and realise any security or charge existing immediately before such date in favour of the Crown or any

Minister

Minister of the Crown in respect of any such moneys and claims as if such security or charge were existing in favour of the Board.

(f)	All debts due and moneys payable by the Crown or any Minister of the Crown relating to any such land or personal property and all claims, liquidated or unliquidated, recoverable against the Crown or any Minister of the Crown relating to any such land or personal property shall respectively be debts due and moneys payable by and claims recoverable against the Board.
(g)	No attornment by a lessee of any land vested in the Board by section 13H or 13i of this Act shall be necessary.

DIVISION 3C.—Additional powers of Board.

13K. (1) The Governor may at any time vest in the Board any lands the property of the Crown deemed to be necessary for the purpose of carrying out the provisions of this Act.

In this subsection "lands" shall not include lands referred to in section 13A or 13H of this Act.

(2) The Governor may remove from the

Board such lands as shall be found unnecessary for

Act.	the purpose of carrying out the provisions of this
(3) Upon the publication in the Gazette of a proclamation withdrawing any lands from the Board under the provisions of subsection two of this section, the lands so described shall vest in such person as the Governor may by the same or any other proclamation direct.
In this subsection "person" shall be deemed to include the Crown, or any person or corporation entitled to hold any land on behalf of the Crown.

13L.

13L. (1) The Board may grant leases or licenses

in respect of any land, the whole or any part of any

wharf, dock, pier, jetty, landing stage, mooring

apparatus, slip, platform, depot, shed, warehouse or building of any description, vested in it or under its control or management otherwise than by virtue of section seven of this Act, upon such rent or fee reserved and such conditions as it may deem appropriate.

(2) The term of any lease or license so granted shall not exceed ninety-nine years.

13M. (1) The Board may upon any land vested in it construct and enclose any embankment, retain­ ing wall, reclamation, wharf, dock, pier, jetty, landing stage, mooring apparatus, slip, platform, or other structure or apparatus, or remove, alter, or repair the same.

(2) The Board may authorise the construc­ tion of any shed, warehouse, building of any description, embankment, retaining wall, reclama­ tion, wharf, dock, pier, jetty, landing stage, slip, platform, tramway, railway, hoisting crane, shears, engine, or other structure or apparatus on any land subject to any lease or license granted by it.

(3) The Board may upon any land vested

in it—
(a)	construct, erect, remove, alter or repair such depots, sheds and warehouses for the recep­ tion of goods, such other buildings of any description, and such tramways, railways, engines, cranes, hoisting and weighing machines, and other apparatus for facilitating the loading and discharging or the masting or unmasting of vessels or the testing of chains and anchors; and

(b) provide such other conveniences,

as

as it may think expedient for the efficient use of such land, or for the proper administration of its functions.

The Board may operate any such depots, sheds, warehouses, buildings, tramways, railways, engines, cranes, hoisting and weighing machines, and other apparatus and conveniences for the loading, unload­ ing, transporting or storage of goods or otherwise on such conditions and for such fees as it deems appro­ priate, or may make such charges as it deems reasonable for the use thereof and for the services of any persons engaged in the conduct and operation

thereof.

13N. (1) The Board may, for the purpose of maintaining and improving the navigation of the rivers and channels within, or leading into, the areas vested in it, dredge, cleanse, and scour the said rivers and channels and alter, deepen, cleanse, scour, cut, enlarge and otherwise alter and improve the bed of the said rivers and channels.

The Board may reduce or remove any banks or shoals whatsoever within the said rivers and chan­ nels; and may abate and remove all impediments, obstructions, and annoyances, and all nuisances and abuses whatsoever in the said rivers and channels, or

on the banks and shores thereof : Provided that no work shall be carried out pur­	suant to this subsection in any area which is not
vested in the Board without the prior consent and approval of all proper authorities having jurisdiction or control over such area.
(2) The Board may remove, scour, and take away any shoal, mud-bank or other accumulation which impedes the navigation of any area vested in

it

it and may shorten any bend or remove any angle in the course of the rivers and channels within any such area.

(3) The Board may cut the banks of the rivers within any area vested in it for the purpose of making, enlarging, or repairing any dock, canal, drain, sewer, or watercourse, or altering, laying down, or repairing any suction or other pipe, or for any other purpose whatsoever, and may authorise any person to cut the banks for any of the purposes aforesaid, under such restrictions and upon such terms and conditions as the Board may deem appropriate.

(4) The Board may within any such area place and lay down or take up such buoys and beacons and construct and erect such marker piles, channel markers, leading marks, shoal or reef marks and such other apparatus as may be necessary and convenient for navigation or for the protection of vessels or installations.

13o. The Board may enter into contracts with any person or with the Crown for the execution of any work or the provision of any services authorised by this Act to be done or provided by it or for furnish­ ing materials or labour, or for providing proper engines or other power, or for any other matters and things whatsoever necessary for enabling it to carry

the purposes of this Act into full and complete effect, in such manner, and upon such terms, and for such	sum of money, and under such stipulations, regula­
tions, and restrictions as the Board may deem appropriate :
Provided that, in the carrying out of any construc­ tion, property maintenance and dredging work in the Port of Newcastle, the Board shall have regard to the availability of services, equipment and plant controlled and operated by the Minister for Public
1 2 9 9 5 - 1 5	Works

Works and with the agreement of the said Minister shall use such services, equipment and plant where it is available.

13P. The powers hereby granted to the Board to make contracts may lawfully be exercised as follows (that is to say): —

With respect to any contract which if made between private persons would be by law required to be in writing and under seal, the Board may make such contract in writing in the corporate name of the Board under its common seal, and in the same manner may vary or discharge the same.

With respect to any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith, the Board may make such contract in writing in the corporate name of the Board signed by the secretary and by any two of the commis­ sioners, and in the same manner may vary or discharge the same.

13Q. The Board may make such provision as it deems necessary upon any land vested in it for the construction and maintenance of roads and approaches to any installation and the adequate lighting of such installation, roads and approaches.

13R. The Board may appoint or may arrange for the provision of such persons as it deems necessary from time to time to preserve order on or in relation to any lands and installations vested in it, to prevent the entry of or to remove any persons making use of any such lands and installations for purposes other than those for which they are intended to be used or loitering thereon or adjacent thereto and to assist any vessel in making use of any such lands and installations and to conduct and operate any depot, shed, warehouse, building, tramway, railway, engine,

crane,

crane, hoisting or weighing machine or other apparatus or convenience on any land vested in it or under its control or management.

13s. The Board may provide and maintain such plant, apparatus and things as it deems necessary for the rescue and resuscitation of drowning or apparently drowned persons and for the recovery of drowned persons and for the extinguishing of any fire on vessels or on any property vested in it and may employ such persons as it deems necessary for the proper operation and use thereof.

13T. (1) Any person who drives a pile or stake, wholly or partly erects any structure or wall, carries out any reclamation, or causes or permits the deposit of any earth, rock, timber, iron or other material in or upon the bed of any waters vested in the Board without first obtaining the permission of the Board, or who makes use of any pile, stake, structure, wall, reclamation or material in or upon the bed of any such waters after the expiration of the time specified in a notice from the Board served upon him requir­ ing him to remove the same, shall be liable to a penalty not exceeding one hundred pounds.

(2) The Board may cause any pile, stake, structure, wall, reclamation or material driven, erected, carried out, or deposited, without its permis­ sion, in or upon the bed of any waters vested in it

or not removed in accordance with any notice given
under subsection one of this section, to be removed,
and may at its option cause the same or any part thereof to be destroyed or stored or sold, or may sell the same or any part thereof on condition that it be removed, and may recover from the person responsible for the driving, erection, carrying out, depositing or making use of the same in any court of competent jurisdiction the expenses incurred in such removal, destruction, storage or sale.

13u.

13u. (1) Any person who moors, runs ashore, cuts loose, or abandons any vessel, buoy, or floating object or apparatus, or cuts or slips any chain or anchor, or places or deposits any article, material or thing in, or upon the bed or shores of, any waters vested in or controlled by the Board, or on any land or wharf or in any building vested in or controlled by the Board, with the intention of avoiding responsi­ bility for the same or with the intention that the rights of the owner of the same shall be impeded or rendered ineffective, shall be liable to a penalty not exceeding one hundred pounds.

(2) The owner of any vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing in or upon the bed or shores of any waters vested in or controlled by the Board, or on any land or wharf or in any building vested in or controlled by the Board shall remove the same within such time as may be specified in a notice from the Board served upon him requiring him so to do, and in default shall be liable to a penalty not exceeding one hundred pounds.

(3) If the owner of any such vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing fails to comply with the require­ ments of the notice served upon him under subsection two of this section, or if the identity or address of the owner of the same cannot be estab­

lished after such enquiry as the Board considers

reasonable, or if in the opinion of the Board it is essential in the interests of navigation or for the proper and efficient use of any such land, wharf or building, or for the safe keeping or preservation of such vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing in or upon the bed or shores of any waters vested in or controlled by the Board, or on any land or wharf or in any build­ ing vested in or controlled by the Board, that the same be removed without delay, or if it appears to

the

the Board that the same is occupying such waters, land, wharf, cr building as aforesaid in contravention of any Act, by-law, regulation or rule with the administration of which the Board is charged, the Board may assume possession of the same, and may if it deems that the circumstances so require remove the same and, in the case of a sunken or unseaworthy vessel, or other object or article which in its opinion cannot otherwise reasonably be dealt with, may blow up or demolish the same for the purpose of removal.

(4 ) Any vessel, buoy, floating object or

apparatus, chain, anchor, article, material or thing possession of which has been assumed or which has been removed by the Board in accordance with subsection three of this section, or any component part thereof, shall be dealt with as follows : —

(a)	if in the opinion of the Board the same has no value it shall be destroyed, otherwise it shall be held in the custody of the Board in such place as the Board deems appropriate, and may be so repaired and treated as shall in the Board's opinion be necessary to preserve its utility and value;
(b)	if any person establishes to the Board's satisfaction his ownership of the same he shall be entitled to receive the same upon payment of the expenses incurred in respect of the assuming possession, removal, custody,

repair and treatment thereof, as fixed by the

Board;

(c) if no person has established his ownership of, and paid such expenses as aforesaid in respect of, the same, the Board, after such lapse of time and such enquiry or public advertisement as it shall in the circumstances deem appro­ priate, may sell the same in such manner as it thinks fit, or if in its opinion the value of

the

the same to the Board would exceed the proceeds of sale, may appropriate the same and credit the owner thereof with such value;

(d)	if the net proceeds of sale of, or the credit allowed as aforesaid for, the same exceeds the expenses incurred in respect of the assuming possession, removal, custody, repair and treatment thereof as fixed by the Board, the surplus shall be paid by the Board on demand to the owner thereof;
(e)	the Board may recover from the owner of the same the expenses incurred in the assuming possession, removal, custody, repair and treat­ ment thereof, as fixed by the Board, after deduction therefrom of the net proceeds of any sale thereof or any credit allowed therefor.

(5) Nothing in this section shall affect or diminish the rights of the owner of any land in respect of such land, or of any lessee, tenant, or licensee in respect of the premises included in his lease, tenancy or license.

I3v. The Board may hire or lease to any person any vessels, floating and movable plant, mobile cranes, vehicles, machinery or apparatus together with the services of any persons employed in the

operation thereof upon such terms as it deems fit, and

may dispose of any vessels, floating and movable plant, mobile cranes, vehicles, machinery, apparatus, tools or materials which are or have become unneces­ sary for the conduct of its functions by sale or other­ wise to any person in such manner as it deems fit.

13w. (1) This section shall apply to the Ports of Sydney, Newcastle and Botany Bay.

(2)

(2) The harbour master of any port to which this section applies may direct and control the time and manner in which any vessel shall enter or leave the port, the movements of any vessel within the port, the position where and the manner in which any vessel may anchor or be moored within the port, the time and manner of the taking in or discharging by any vessel within the port of cargo, stores, fuel, water or ballast, and the mooring, unmooring, place­ ment or removal of any vessel within the port in, from or to any position as he shall think fit:

Provided that in the exercise of his powers under this subsection the harbour master shall not give any direction which would result in contravention of any statute or regulation relating to the area or vessel concerned or impeding the proper administration of the customs or quarantine services within the port.

(3) The master of any vessel who refuses or neglects to comply with any direction which may be given by the harbour master under this section shall be liable to a penalty not exceeding one hundred pounds.

(4) If there is no person on board any vessel to whom the direction of such harbour master requiring the mooring, unmooring, placement or removal of such vessel or any alteration in its manner of anchoring or mooring, may be given, or if the direction is not complied with, the said harbour master may cause such vessel to be moored, un­ moored, placed or removed or otherwise dealt with as required by him, and the Board may recover from

petent jurisdiction the whole charges and expenses	the master or owner thereof in any court of com­
thereby incurred together with costs.
13x. (1) If in the opinion of the Board any vessel in or on the shores of any port to which section 13vv of this Act applies is unseaworthy or likely for any reason to cause damage to property or persons or to become a danger to shipping, the

Board

Board may serve notice on the owner thereof, or alternatively may affix to the vessel (if practicable) and publish in the Gazette and one newspaper circulating in the district a notification requiring that such work be carried out in and about the vessel as the Board deems necessary within the time stated in such notice or notification or that the vessel be destroyed.

(2) If the requirements of the Board are not so carried out, the Board may at its option : —

(a) carry out the work required;

(b)	contract with any person for the carrying out of such work on such terms as it deems fit;
(c)	destroy the said vessel or contract with any person for the destruction of the said vessel and sell in such manner as it deems fit any material or other property recovered from the vessel which in the Board's opinion has a sale value; or
(d)	sell the said vessel for purposes of destruction to any person on such terms as it deems fit.

(3) Any surplus moneys remaining after deduction from the proceeds of any sale pursuant to paragraph (c) or (d) of subsection two of this section of the charges and expenses incurred in the publication of any notification, the destruction of the vessel and the conducting of such sale shall be paid

by the Board on demand to the person who at the

time of the serving or publication of the said notice
or notification was the owner of the vessel.

(4) Any moneys remaining due to the Board

in respect of—

(a) the charges and expenses incurred in the publication of any notification and the carry­ ing out of any work pursuant to paragraph (a) or (b) of subsection two of this section, or

(b)

(b) the charges and expenses incurred in the publication of any notification and the destruction of the vessel and the conducting of any sale pursuant to paragraph (c) or (d) of subsection two of this section, after allow­ ing for the net proceeds of such sale,

shall be paid on demand to the Board by the person who at the time of the serving or publication of the said notice or notification was the owner of the vessel, and if unpaid may be recovered as a debt in any court of competent jurisdiction.

13Y. Any person who obstructs or hinders the Board or any of its officers, servants or agents, or any person who has contracted with the Board or the officers, servants or agents of any such person, in the doing of anything authorised by sections 13w and 13x of this Act shall be liable to a penalty not exceeding one hundred pounds.

13z. (1) The Under Secretary of the Department of Mines shall give to the Board not less than twenty-one days' notice of any proposal to grant any lease or license under the Mining Act, 1906, or the Petroleum Act, 1955, or any Acts amending the same, in respect of any land vested in the Board, or contained in that part of the bed and shores of the Hunter River to which section 13D of this Act applies.

(2) If, notwithstanding representations of the Board to the contrary, it is decided that such lease or license shall be granted, the Board shall be notified accordingly and may, within fourteen days of such notice, refer the dispute to the Treasurer for settlement by the Governor.

(3) The Governor may make such order in the public interest and in the circumstances of the case as may seem to him to be just and equitable.

(c)

(c) by inserting next after Schedule Two the following new Schedules: —

S C H E D U L E T H R E E .

PART 1.

All that area within the following boundaries exclusive of the State Dockyard at Dyke E n d as bounded by existing fences a n d high water mark , all lands control led by the Commonwea l th of Austral ia, and all public roads : C o m - mencing at the toe of the outer extremity of the Nor the rn Breakwater at the entrance to the Por t of Newcastle a n d bounded thence by a direct line south-easterly to the toe of the outer extremity of the Southern Breakwater thence by the south-eastern toe of this breakwater south-westerly and continuing by high water m a r k a round Nobbys H e a d thence by the toe of an existing breakwater wall south- westerly to a point due East of the easternmost corner of an area of 4A. 1R. 1SJP. acquired by the Commonwea l th of Austral ia as shown on a plan catalogued MS.6003 M d . in the office of the Depar tmen t of Lands , Sydney, thence by a line due West to the aforesaid corner and thence by the boundaries of this area north-westerly, westerly, generally south-westerly and south-easterly to the eastern­ most corner of an area of 1A. OR. I I P . as shown on a plan catalogued Ms.6181 Md. in the office of the Depar t ­ ment of Lands , Sydney, thence by the boundaries of this area south-westerly, westerly and north-westerly to its westernmost corner thence by a line bearing approximately 327 degrees to the rear edge of Kings Whar f thence generally south-westerly by the rear edge of this wharf to an existing po:,t and rail fence near the rear edge of Hun te r Wharf thence by this fence along the rear edge of Hun te r Wharf a n d continuing by the rear edge of Marke t Street Wharf to its western end thence generally westerly by high water mark and by the nor thern edge of the bridge crossing the entrance tc a Boat H a r b o u r near Brown Street and again generally westerly by high water m a r k to the eastern boundary of an area of 1R. 16]P. appropr ia ted for the

purpose of the Newcastle Whar f (Merewether Street) Act,

1950, vide Governmen t Gazet te of 16th August , 1957,

thence by the boundaries of this area southerly and south­ westerly and by the prolongat ion south-westerly of the last ment ioned boundary to the easternmost corner of an area of 2R. 38F. resumed for the purposes of the above- ment ioned Act thence by the boundaries of this area south-westerlv and westerly to the eastern al ignment of Merewether Street thence by the eastern al ignment of this street northerly, by its nor thern al ignment westerly and by its western alignment southerly to the south-eastern corner of Lee Wharf Road thence by part of the south-western al ignment of this road to the easternmost corner of an

area

area of 2R. 17 3/4 P. acquired in connection with Public Wharves at Lee and Merewether Streets by Government Gazette of 30th January, 1959, thence by the southern boundary of this area and the generally northern boundary of an area of 9A. OR. 16P. acquired for Railway Purposes by Government Gazette of 26th May, 1916, generally westerly to the north-eastern corner of an area of 38 1/4

perches vested in the Hunter District Water Supply and Sewerage Board thence by the north-eastern and north­ western boundaries of this area north-westerly and south­ westerly to its westernmost corner thence by part of the northern boundary of Railway Lands westerly to the southernmost corner of an area of 2A. OR. 12 1/2P. dedicated for Road Widening by Government Gazette of 26th September, 1919, as shown on a plan catalogued R.13570- 1603 in the office of the Department of Lands, Sydney thence by the generally north-eastern boundaries of this area north-westerly to the westernmost corner of the land contained in Certificate of Title Volume 6090 Folio 157 thence by the north-western boundary of this land and the land comprised in Book 2077 No. 929 produced north­ easterly across Lee Wharf Road to its north-eastern align­ ment thence by the alignments of this road north-westerly and south-westerly to the south-eastern corner of the areas resumed for road widening by Government Gazette of 3rd April, 195S, thence north-westerly by the north-eastern boundaries of these areas to the south-eastern alignment of Cowper Street and thence north-easterly, north-westerly and south-westerly by the boundaries of the road and proposed road as shown on a plan catalogued R. 23306.1603 in the office cf the Department of Lands, Sydney, to the eastern alignment of Hannell Street thence generally by this alignment northerly across Throsby Creek Stormwater Channel to the southern side of Elizabeth Street thence by this side easterly across Throsby Creek to high water mark thence generally south-westerly by the high water mark of Throsby Creek around the eastern embankment of Cowper

Carrington foreshore to the wire fence which encloses the

Street Bridge thence by high water mark around the

wharf premises known as No. 2 Silo Wharf thence by this fence generally northerly and easterly to the south-western alignment of Denison Street thence by a direct line to the southernmost corner of an area vested in the Grain Elevators Board of New South Wales thence by part of the south-eastern boundary of this area north-easterly to the southernmost boundary of Portion 3006 Dedicated for Wheat Elevator (Addition) by Government Gazette of 14th December, 1956, thence by this boundary easterly to the south-eastern corner of Portion 3006 thence by a direct line to the point "L" mentioned in a description of water­ front lands and wharves prepared in the Department of

Railways

Railways as set out in the annexure to this schedule a n d described therein as being "in the Rai lway Boundary at the southern end of the Electric Crane Wharf" and thence by the various lines ment ioned in such description between the said point " L " and the Point " A " described as being "8 feet from the centre line down side of Por t W a r a t a h Depar tu re Line in the existing Rai lway Boundary near N o . 8 Nest*' thence by par t of this Rai lway Boundary norther ly to the south-western al ignment of Selwyn Street (extended) thence by this al ignment south-easterly to the high water m a r k of the right bank of the South Channel of the H u n t e r River thence by this high water mark a round lands owned by Broken Hill Proprie tary C o m p a n y Limited to the point " Y ' ; as shown on the plan ment ioned in section 4 of the Newcastle H a r b o u r Improvements Act, 1953, thence continuing ups t ream by the proposed training walls designed for the right bank of the South Channel as shown on the plan ment ioned in the aforesaid section 4 to a point where the prolongat ion of the eastern al ignment of Tour le Street meets the aforesaid proposed training wall thence by this prolongat ion produced norther ly to the proposed training wall designed for the left bank of the South Channel thence by this proposed training wall downst ream and by the proposed training wall a round Rot ten R o w thence by high water mark on the western side of Walsh Island, again by proposed training walls off the southern end of Walsh Island thence north-easterly by high water mark on the south-eastern side of Walsh Island thence continuing generally northerly by the proposed training wall for the right bank of the Nor th Channel of the H u n t e r River ups t ream to a point due West from N o . 2 Beacon thence by the parallel of latitude passing due East through N o . 2 Beacon being approximately 32 degrees 53 minutes 12 seconds South Lat i tude to the proposed training wall designed for the left bank of the N o r t h Channel of the Hun te r River thence by this proposed training wall down- stream to high water mark on the Stockton foreshore thence by high water mark generally south-westerly and south-

easterly along the Stockton foreshore and continuing nor th-	easterly by high water mark a round Pirate Point to a point
where high water mark meets the southern side of the Nor the rn Breakwater aforesaid thence by a line due N o r t h to the nor thern toe of the said breakwater thence easterly and north-easterly by the nor thern toe and the nor th- western toe of the said breakwater to the point of commencement .

PART

PART 2 .

Commencing at the point " M " ment ioned in a description of lands prepared in the Depar tment of Railways as set out in the annexure to this schedule and described therein as being "the junction of the eastern al ignment of Bourke Street and the southern alignment of Cowper Street N o r t h " thence by the various lines ment ioned in such description between the said point " M " through the points " N " , " O " and " P " to the point " R " which is described as being " 3 0 feet from the centre line up side and at r ight angles to N o . 4 storage siding" thence generally southerly 3 0 ' 0 ' ' from the centre line up side of N o . 4 Storage Siding to the dead end and extended to the north-eastern side of the Elevated Roadway leading to the State Dockyard thence north-westerly by this side and generally westerly by the toe of the embankment which retains this roadway to the eastern al ignment of Bourke Street aforesaid thence generally southerly by this al ignment to " M " , the point of commencement .

PART 3 .

All that area known as Boatmans Terrace occupied by the Mari t ime Services Board of New South Wales situated at the corner of Nobbys R o a d and Stevenson Place New- castle comprising sixteen terrace dwellings together with access from Nobbys Road and a lane way at the rear of the terrace.

All bearings quoted in this schedule are relative to True Meridian.

A N N E X U R E TO S C H E D U L E T H R E E .

Description of Waterfront Land.! and Wharves.—Prepared

in tlie Department of Railways.

T h a t area of land between the waters edge of the Hunte r
River and Basin or the Rai lway Boundary between the

waters edge and a line between points " A " to " L " described

hereunder :  —

Commencing from a point " A " , 8 ' - 0 " from the centre

line, down side, of Por t VVaratah Depar tu re Line in the existing railway boundary near N o . 8 Nest, and running in a southerly direction 8 ' - 0 " from the centre line, down side of the Por t W a r a t a h Depar tu re Bullock Island Arrival Line and Run R o u n d Siding to a point " B " 3 ' - 0 " past the lead connecting the Run R o u n d and N o . 4 Reception Sidings.

F r o m

F r o m point " B " and at right angles to N o . 4 Reception Siding out to a point " C " 6 - 0 " from the centre line, u p side of N o . 2 Empty 10 Dyke Siding.

F r o m point " C " in a south easterly direction 6'-0" from the centre line, u p side, of N o . 2 Empty 10 Dyke Siding to a point " D " lO'-O" past the buffer stop of the Water column Siding.

F r o m point " D " and at right angles to N o . 2 Empty 10 Dyke Siding to a point " E " 6 - 9 " from the centre line, down side of N o . 1 Full 9 Dyke Siding.

F r o m point "E"' in a nor th westerly direction 6'-9" from the centre line, down side of N o . 1 Full 9 Dyke Siding and T o p South Arr ival Line to a point " F " half way between the lead connecting the T o p South Arrival Line and Sulphide Empties Siding and the lead connect­ ing the T o p South Arrival Line and No . 3 Reception Siding.

F r o m point " F " in a south westerly direction across the
T o p South Arrival and T o p South Depar tu re Lines to a

point " G " 6'-9" from the centre line, down side of the

Water L o o p Siding.

F r o m point " G " and commencing in a southerly direc-tion 6 - 9 " from the centre line, down side of the Water

Loop Siding, the crossover between the Water Loop and West Basin R u n R o u n d Sidings, West Basin Run R o u n d and short L o o p Sidings to a point " H " at the lead, con- necting Nos . 21 and 22 Western Basin Sidings.

F r o m point " H " and at right angles to N o . 20 Western Basin Siding, to a point " J " 5'-0" from the centre line, up side of N o . 20 Western Basin Siding.

F r o m point " J " in a southerly direction 5'-0" from the centre line, up side of N o . 20 Western Basin Siding to a point " K " at right angles to and lOO'-O" from the face of the Electric Crane Wharf.

the face of the Electric Crane Wharf to a point " L " F r o m point " K " in a southerly direction lOO'-O" from

in the rai lway boundary a t the southern end of the

Electric Crane Wharf .
Also that area of land bounded by a cont inuous line

described hereunder :—

Start ing from a point " M " , the junction of the eastern al ignment of Bourke Street and the southern alignment of Cowper Street and commencing in a nor th easterly direc­ t ion 7 '-9" from the centre line, up side of N o . 1 Com­ pound Siding, N o . 2 Bullock Island Depar tu re and New Depar tu re Lines to a point " N " 3'-0" past the lead con­ necting N o . 4 Storage and Shunting Neck Sidings.

F r o m

From point "N" across the Shunting Neck Siding at right angles to a point "O" 8'-0" from the centre line up side of the Shunting Neck Siding.

Lands

Lands vested in the Board shall for the purposes of paragraph (c) of subsection one of section twenty- one of the Broken Hill Proprietary Company Limited (Reclamation and Exchange) Agreement Ratifica­ tion Act, 1950, be deemed to be Crown land.

(c) by inserting next after section thirty-seven the following new section : —

37A. All penalties recovered for offences against this Act or any regulation made under this Act shall be paid to the Board.

(d) (i) by inserting in paragraph (b) of subsection one of section thirty-eight after the word "to" the words "any land vested in the Board or";

(ii)   by omitting from paragraph (a) of subsection two of the same section the words "and manage­ ment" and by inserting in lieu thereof the words "or management";

(iii)  by inserting at the end of the same paragraph the following new paragraph : —

(ai) the removal of such cargo or goods by the owner thereof from such port, wharf or land, the removal by the Board of any such cargo or goods or any class thereof to any other place vested in or controlled by the Board, or the deposit­ ing of the same by the Board in any bond or store, the imposition in respect of any cargo or goods or any class thereof not removed by the owner thereof from any such port, wharf or

land within any time or times specified in the regulations of charges either

general in application or specifically

applying to particular classes of cargo or goods, particular wharves or areas or particular times, and the recovery by the Board of the costs and expenses incurred in the removal of any such cargo or goods and in cleansing or reinstating any wharf or land affected by such cargo or goods;

(iv)

(iv)  by inserting in paragraph (b) of the same subsection after the word "port" the words "and in any inland navigable waters or upon lands adjacent to such port or waters";

(v)  by inserting in paragraph (c) of the same subsection after the word "continuance" the words ", in or on any waters or lands vested in or controlled by the Board or in the vicinity

thereof,";

(vi)  by omitting from paragraph (d) of the same subsection the word "and" wherever occurring and by inserting in lieu thereof the word "or";

(vii)   by inserting at the end of the same subsection the following new paragraphs : —

(1) the payment of fees to assessors engaged in a court of marine inquiry;

(m)	the keeping and using, by persons concerned with the marking, sorting, stacking, loading, unloading, delivery and the handling generally of cargo or goods in any port or on any wharf or land vested in or controlled by the Board, of records and forms relating to such operations, providing for inspection of such records and forms by or on behalf of the Board, providing for the furnish­ ing of such records and forms, or copies or extracts thereof, for use in any legal proceedings instituted by the Board or
by its direction;
(n)	prohibiting or regulating on any vessel, or on any land or in any building vested in or controlled by the Board, the carrying on of operations involving risk of fire, explosion or other damage to persons or property or any danger to health, and prohibiting the entry to any port or place, and in general controlling the movements, of vessels which for any reason constitute such a risk or danger;

(o)

(o) the conduct of persons using or being upon or in any land, wharf, depot, shed, warehouse or other place vested in or controlled by the Board, the prevention of the improper use of the same and of objectionable or dangerous conduct thereon or therein, and the prevention of damage or injury to any such land,

wharf, depot, shed, warehouse or place,

or to any goods, cargo, plant, machinery, vehicles or things, or to other persons, thereon or therein.

(viii)  by inserting at the end of subsection three of the same section the following new para­ graphs : —

(g)	make both the owner and the master of any vessel liable for any breach of any such regulation committed from or in the use of such vessel;
(h)	provide that any license therein referred to may be issued, or any consent or approval therein referred to may be given, upon any conditions deemed appropriate by the Board, that any such condition may be varied or revoked, and that a breach of any such condition shall constitute a breach of such regulation.

(ix)   by inserting in subsection four of the same section next after the definition of "inflammable

liquid" the following new definition : —

"mooring" means the whole of the apparatus used to secure a vessel in any navigable waters for any purpose other than the normal incidents of a voyage, whether or not such apparatus or any part thereof is itself beyond the shores of such waters, and whether or not such apparatus, or any part thereof, is, has been, or is proposed to be used by the same or any other person for any other purpose, and

any

any apparatus or group thereof used to secure more than one vessel shall con­ stitute as many moorings as there are vessels so secured, but does not include the gear or equipment of a vessel by which such vessel is so secured.

(e) by inserting next after section thirty-eight the follow­ ing new sections : —

39. The Board may waive or refund the whole or any part of any rate, toll, due, fee or charge, or any similar claim or requirement levied, imposed or authorised to be demanded or made under any Act, by-law, regulation or rule with the administration of which the Board is charged, in any particular case or in any class of case, as it may think appropriate to the circumstances : Provided that any waiver or refund of any single amount in excess of twenty-five pounds payable into the Consolidated Revenue Fund under subsection two of section 24c of this Act shall only be made or granted with the general or special approval of the Treasurer.

40. (1) All actions against the Board or any per­ son for anything done or omitted or purporting to have been done or omitted, under the provisions of any Act, by-law, regulation or rule with the adminis­ tration of which the Board is charged, shall be commenced within the period of twelve months next after the act or omission complained of was com­ mitted or occurred : Such period is in this subsection

referred to as "the prescribed period" :

Provided that where an application is made to a judge of the Supreme Court in accordance with rules of court for an extension of the prescribed period, the judge may, if he is satisfied that sufficient cause has been shown, or that having regard to all the circumstances of the case, it would be reasonable so to do, make an order for extension of the prescribed period for such further period and subject to such terms and conditions (if any) as may be set out in the order.

Such

Such application for extension may be made either within the prescribed period or at any time within twelve months thereafter.

Any person who is dissatisfied with the decision of the judge on any such application may appeal to the Supreme Court and that court may on the appeal make any order which ought to have been made in the first instance.

Every such appeal shall be made in accordance with rules of court.

(2) No action shall be commenced against the Board or any person for anything done or omitted, or purporting to have been done or omitted, by it or him under the provisions of any Act, by-law, regulation or rule with the administra­ tion of which the Board is charged, until one month, at least, after a notice in writing of such intended action has been delivered to or left at—

(a)	in the case of any intended action against the Board or any one or more of the Com­ missioners thereof—the office of the Board;
(b)	in the case of an intended action against any other person—his usual place of abode;

by the party intending to commence such action or
by his attorney or agent.

(3) Such notice shall state clearly and explicitly the cause of action and the court in which the same is intended to be brought, and upon the back thereof shall be endorsed the name and usual

place of abode of the party intending to sue, and	also the name and usual place of abode or of
business of the attorney or agent, if such notice was served by such attorney or agent.
(4) A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the judge before whom the action is tried is of opinion that the defendant in the action has been prejudiced in his defence by such defect or inaccuracy.

(5)

(5) The defendant in any such action may plead the general issue, and at the trial thereof give this Act and the special matter in evidence.

(6) The plaintiff shall not recover in any such action if tender of sufficient amends has been made before such action was brought, or if a sufficient sum of money has been paid into court after the com­ mencement of such action by or on behalf of the defendant.

(7) If the matter or thing complained of appears to have been done or omitted under the authority and in the execution of any Act, by-law, regulation or rule with the administration of which the Board is charged, or if any such action is brought after the time limited for bringing the same, or if any such notice has not been given as aforesaid, the jury shall find or judgment shall be given for the defendant.

8. The Navigation Act, 1901-1954, is amended—

(a) by omitting section nineteen;

(b) by omitting sections ninety to ninety-four inclusive.

(c)	by inserting at the end of section one hundred and	forty-one the following new subsection : —
(4) This section shall not apply to waters the bed of which is vested in the Board.
(d)	by inserting at the end of section one hundred and forty-two the following new subsection: —
(3) This section shall not apply to waters the bed of which is vested in the Board.

(e)

(e) by omitting section one hundred and forty-three;

(f) by omitting section one hundred and fifty-four;

(g) by omitting section one hundred and sixty.

9. (1) The Sydney Harbour Trust Act, 1900-1953, is amended—

(a) by omitting sections twenty-one to twenty-six inclusive;

(b) by omitting sections thirty and 30A ;

(c) by omitting section fifty-seven;

(d) by omitting sections sixty-four and sixty-five;

(e)	by inserting at the commencement of Part V immediately before section seventy-three the follow­ ing new section: —
72A. AS from the date of the establishment in the Treasury of the Maritime Services Board Fund and the Maritime Services Board Renewals Fund, any provisions of this Part of this Act inconsistent with Division 5 of Part III of the Maritime Services Act, 1935, as amended by subsequent Acts, shall cease to apply to the operations of the Board.

(f) by omitting section ninety-seven.

(2)

(2) (a) The Sydney Harbour Trust (Amendment) Act, 1930, is amended by omitting paragraph (a) of subsection one of section three.

(b) The Sydney Harbour Trust (Amendment) Act, 1931, is amended by omitting paragraph (b) of section two.

(c) The Maritime Services (Amendment) Act, 1953, is amended by omitting paragraphs (b) and (c) of section three.

10. The Harbour and Tonnage Rates Act, 1920-1953, is amended—

(a) by inserting in section four in the definition of "Public wharf" after the word "Crown" the words "or any Minister of the Crown or the Board";

(b) (i) by omitting from subsection one of section six
the words "for the use of His Majesty, and to
form part of the Consolidated Revenue Fund,";

(ii)   by inserting next after subsection three of the same section the following new subsection: —

and transhipment rates herein provided for may (3A) The inward and outward harbour rates be fixed generally for all ports concerned, or

special rates may be fixed for a particular port or ports, or for a particular area or areas within any port or ports, or for particular times or other particular circumstances in all ports or in particular ports or particular areas therein.

(c)	by omitting from section nine the words "for the use of His Majesty, and to form part of the Consolidated Revenue Fund,";
12995—16	(d)

(d) by inserting next after section eleven the following new sections: —

11A. The tonnage rates and berthing charges prescribed and imposed pursuant to sections nine and ten of this Act may be expressed to apply gener­ ally in all ports concerned, or special rates or charges may be fixed for a particular port or ports, or for a particular area or wharf or particular areas or wharves within any port or ports, or for particular times or other particular circumstances in all ports or in particular ports or at or in particular areas or wharves.

11B. All harbour rates, tonnage rates and berthing charges shall be paid to the Board and shall be applied as provided for by the Maritime Services Act, 1935, as amended by subsequent Acts.

11c. The Board, in partial or full consideration of such rent, payment or other benefit as it deems appropriate to the circumstances, may by express agreement exempt all vessels, or any particular vessel or vessels or class or classes thereof, from tonnage rates or berthing charges in respect of the berthing of such vessels or vessel at any wharf vested in it.

(e)	by inserting next after subsection one of section eighteen the following new subsection : —
(1A) Any such regulations may be of general or specially limited application according to time, place or circumstance, and may be general or restricted
to any specified class of subject matter.

The Rivers and Foreshores Improvement Act, 1948- 1955, is amended by omitting from section three the words "in the port of Sydney by the Constructing Authority" and by inserting in lieu thereof the words "by the Constructing Authority in any area vested in the Maritime Services Board of New South Wales".

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