Municipal Wharves Act of 1893 (NSW)

No. XXVIII.

A n	Act to a m e n d the " Municipal i t ies Act of
1867"; to enable Municipal i t ies to lease
and acquire L a n d s and to erect W h a r v e s
t h e r e o n ; and for o ther purposes . [13th
June, 1893.]
WHEREAS	have power to t ake on lease, purchase , or otherwise acqui re

it is expedient t h a t Councils of Municipal i t ies should

land s i tuated outs ide of h u t adjoining to or a b u t t i n g upon the i r boundar ies and forming any pa r t s of thei r shores, foreshores, hays , inlets , or other wa te r frontages, a n d to cons t ruct the reon w h a r v e s ,

je t t ies , piers, l and ing places, wai t ing-rooms, and other erections and

improvement s , and to lease, purchase , or acqui re w h a r v e s , je t t ies , a n d piers already erected wi th in or adjoining the boundaries of such Municipal i t ies , and to exercise all o ther t h e powers in tended to be confe r red ; and as i t is doubtful w h e t h e r such powers are now vested in Munic ipa l i t i e s : Be i t therefore enacted by t h e Q u e e n ' s Mos t Exce l l en t Majesty, by and w i t h t h e advice a n d consent of t h e Legislat ive Counci l and Legis la t ive Assembly of NEW South Wales in P a r l i a m e n t assembled, and by the au thor i ty of t h e same, as f o l l o w : —

1. This A c t m a y be cited as t h e " M u n i c i p a l W h a r v e s A c t

of 1 8 9 3 , " and shall	be read	w i t h	and as	forming p a r t of	t h e
" Municipal i t ies Ac t of	1867 ," here inaf ter	t e rmed	t h e	P r inc ipa l	Act .

2. I t shall be lawful for t he Counci l of a n y Munic ipa l i ty , f rom

t i m e to t ime , to purchase , t ake on lease, or otherwise acqui re from the Gove rnmen t of N e w South Wales , or from any person or persons, l ands s i tuated outside b u t adjoining to or a b u t t i n g upon the boundar ies of such Munic ipa l i ty and forming a n y p a r t of i ts shores, foreshores, bays , inlets , or other w a t e r f rontages thereof, and, subject to t he provisions of any local H a r b o u r Trus t A c t now or hereaf ter enacted, to e r e c t , bui ld , and cons t ruc t the reon w h a r v e s , je t t ies , piers, and land ing places, w i th all necessary or convenient roads, w a y s , sea Avai l s , and approaches the re to , and all necessary or convenient

u s e a n d app ly t h e ra tes and income of such Munic ipa l i ty for a n d to wards all or any o f t he w o r k s set ou t or referred to in t he preceding section

w a i t i n g - r o o m s , sheds, conveniences, offices, and bui ld ings , and from

t ime to t ime to effect all necessary or advisable repairs , a m e n d m e n t s ,

a l tera t ions , addit ions, and improvements the re to ; and also to t ake on

l e a s e , purchase , or acqui re for a n y te rm, estate or in teres t from t h e

said Government , or any local H a r b o u r Trust , all or any w h a r v e s ,

je t t ies , piers , or l and ing places erected wi th in or adjoining to t h e

boundar ies of such Munic ipal i ty , and from t ime to t i m e to effect all

necessary repairs ,	amendmen t s ,	a l terat ions, addi t ions,	and	improve­
m e n t s	there to :	Provided t h a t	before any such wharf, j e t ty , pier,	or

l and ing place shall be erected, bui l t , constructed, or extended, a p lan and specification thereof shall be prepared a n d submi t ted to, and approved of by t h e Minis te r for W o r k s , for t h e t ime being, of t h e Colony of N e w South W a l e s , whose approval m u s t also first be obtained before any of t h e w o r k s referred to in th i s section can be carried o u t by any Munic ipa l Council w h o s e Munic ipa l i ty is s i tuated outside t h e

ju r i sd ic t ion of any H a r b o u r Trus t .

3 . I t shal l be lawful for t h e Council of any Munic ipa l i ty to

section in the same m a n n e r as if the said lands had been wi th in the l imi t s or boundar ies wi th in w h i c h such ra tes and income are raised by

such Municipal i ty .

4. The Counci l of any Munic ipa l i ty m a y in addit ion to t he

powers conferred by the one hund red and n ine t ie th section of t he " Pr inc ipa l A c t " borrow and use all moneys which m a y be necessary for the purpose of effecting and carrying out t he works and purposes set out or referred to in t he second section of th is A c t in the same m a n n e r as if all the said works and purposes had been expressly included in t he said " Pr inc ipa l A c t , " and in addi t ion to t h e securit ies referred to in t he one hund red and ninety-first section of t h e last- ment ioned Ac t , i t shall be lawful for such Council to mor tgage such whar f or wharves , or any of them as may have been leased, purchased, or acquired by them, and the t o l l s , ra tes , and dues ar is ing theref rom for all t he estate, r ight , t i t le , or interest of the said Munic ipa l i ty therein , or a n y less estate or interest , a n d all the r ights , powers, and remedies given to mor tgagors and mor tgagees by the " P r i n c i p a l A c t " shall ex t end to any securities effected u n d e r the powers conferred by this Act .

5. I t shall be lawful for the Council of a n y Munic ipal i ty , from

t ime to t ime , to m a k e , al ter , add to, repeal, and amend all necessary

regula t ions and b y - l a w s for the purpose of regu la t ing and control l ing t he use of such of the said wharves, je t t ies , piers , l and ing places, wai t ing-rooms, and o ther erections as may have been leased, purchased, or acquired as aforesaid by such Council , or as may be a l ready in t he possession of the Munic ipa l i ty ; and m a y establish, levy, and impose, and may recover in any Court o f competen t jur isdic t ion tolls, ra tes , dues, and charges upon and in respect of s teamers and other vessels m a k i n g fast to, or ly ing alongside of, or landing or receiving goods or passengers upon or from, or otherwise us ing any of the said w h a r v e s ; and may erect gates, bars , and other works necessary for t h e collection of such t o l l s , rates, dues, and c h a r g e s ; and may m a k e by-laws for t he proper m a n a g e m e n t and collection of such wharves , tolls, ra tes , dues, and charges as in m a n n e r provided for by and consistent w i t h sections

o n e hundred and fifty-seven, one hundred and fifty-eight, and one
hundred and fifty-nine of the Pr inc ipa l Act ; and all penal t ies may be recovered and enforced in the m a n n e r provided by the Acts e leventh and twelf th Victoria, chap te r two , and the Acts of Pa r l i amen t amend ing same : Provided the free access over any of the said wharves , which may be s i tuated a t t he end of any publ ic road or s treet , shall be allowed to a l l passengers landing or emba rk ing from or on any

s teamers , vessels, or boats not p ly ing for hire.

(i. I t s h a l l be lawful for t he Council of any Munic ipa l i ty , from

t ime to t ime , to let and demise or otherwise g ran t or permi t to any person or persons t he use or occupat ion of all or any of t h e said wharves, or any portion or portions thereof which m a y have been leased, purchased, or acquired by such Munic ipa l i ty aforesaid, f o r such t ime , upon such te rms, and subject to such conditions, s t ipulat ions, a n d agreements as t he said Council may deem advisable. P u t no such lease, demise, g ran t , or permission shall be for any t e r m exceeding seven years, if such wharf be constructed on land which is the absolute p roper ty of the Municipal i ty , nor if the said wharf be cons t ruc ted on land held by such Municipal i ty on lease, or for a l imited t ime f o r any t e r m exceeding t h e t e r m of the said lease or the said l imited t ime : Provided t h a t no such lease, demise, grant , or permission shall give exclusive use of such wharf to any person, par tnersh ip , company, or corporation.

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