Navigation Act 1901 (NSW)

Editorial note—

The long title was repealed by the Marine Safety Act 1998.

1Name of Act

This Act may be cited as the Navigation Act 1901.

2, 2A

(Repealed)

3Definitions(1)

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

harbour-master means any duly appointed harbour-master or assistant harbour-master, and includes any person acting in the capacity of harbour-master.

master means every person except a pilot having command or charge of any ship.

Merchant Shipping Act means the Imperial Act, the Merchant Shipping Act 1894 or any Act amending the same or in substitution therefor.

officer of the Minister means any delegate of the Minister or any officer of such a delegate.

owner includes the manager or secretary of any body corporate or company.

passenger means every person carried in any ship other than the master and crew, and the owner of the ship and his or her family and servants.

port includes place.

ship means every description of vessel used in navigation not propelled by oars.

the Jurisdiction means the navigable waters lying within one nautical league of the coast and the inland navigable waters of New South Wales.

(2)

In this Act, a reference to a failure to do any act or thing includes a reference to a refusal to do that act or thing.

3A–4A

(Repealed)

4BPorts and Maritime Administration Act 1995

This Act is subject to the Ports and Maritime Administration Act 1995.

5–132

(Repealed)

133Definitions

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

master means every person having command or charge of a vessel.

navigable waters means any port, harbour, haven, roadstead, channel, navigable river or creek or arm of the sea within the Jurisdiction.

vessel means any ship, boat, barge, punt, craft, or other vessel of whatever description and however propelled.

134Minister to be conservator of navigable waters

The Minister shall be the proper authority to act as conservator of all navigable waters within the Jurisdiction.

135–140

(Repealed)

141Unauthorised works on navigable waters prohibited(1)

Any person who drives piles, or constructs or erects any wharf, jetty, wall, or other erection, or in any manner whatsoever reclaims or attempts to reclaim any land beyond or below the high-water mark of any navigable waters unless expressly authorised according to the law in that behalf shall be liable for every such offence to a penalty not exceeding 0.5 penalty unit.

(2)

Such person so offending shall also be liable to a further penalty not exceeding 0.1 penalty unit for every day during which any such work as aforesaid, whether completed or incomplete, remains unremoved after notice in writing under the hand of the Minister for Public Works to remove the same has been served upon such persons either personally or by leaving such notice at or transmitting the same by post to his or her last known place of abode or business.

(3)

If not removed within twenty-one days after such service the said Minister may cause such work to be removed, and may recover at law from such person in any Court of competent jurisdiction the whole charges and expenses thereby incurred together with costs.

(4)

(Repealed)

142Authorised works on navigable waters(1)

The Governor may authorise the driving of piles, and the construction or erection of any wharf, jetty, wall, or other erection, or work, or the reclaiming in any manner of any land beyond or below the high-water mark of any navigable waters for any purpose connected with the convenience of the public or the improved navigation of such waters.

(2)

The said Minister for Public Works may cause such works to be executed by such persons and in such manner as he or she thinks fit out of any moneys at his or her disposal applicable to such or to like public works.

(3)

(Repealed)

143

(Repealed)

144Trees in or over navigable waters to be removed

If any tree is felled on the bank of any navigable waters, so that any part of such tree is in or over such waters or within high-water or flood mark, and the same is not removed within ten days after having been so felled, the owner or occupier of the land from which such tree was so felled shall incur a penalty not exceeding 0.5 penalty unit for every tree so cut and not removed, in addition to the actual cost of removing the same, such cost to be assessed by the magistrate at the time of imposing such penalty.

145–152

(Repealed)

153Jetties etc may be placed under control of Minister(1)

The Governor, by notification in the Gazette, may declare that any public jetty, pier, quay, or landing-place in any port within the jurisdiction of the Minister shall be under the control and management of the Minister.

(2)

Upon such notification the Governor may frame regulations to be enforced under a penalty, in any case not exceeding 1 penalty unit:

• (a)

  for the proper use and enjoyment of any such jetty, pier, quay, or landing-place by the public, and

• (b)

  for the due control and management of such jetty, pier, quay, or landing-place.

154–165

(Repealed)

165ARegulations

The Governor may make regulations prescribing all matters which by this Act are required or permitted to be prescribed by regulation or which are necessary or convenient for carrying this Act into effect.

166–173

(Repealed)

First–Eleventh Schedules

(Repealed)