No. XIII.
| An Act to further | amend the " Navigat ion |
| Act of 1871." [18th December, | 1879.] |
| of ascer ta in ing and ad jus t ing any deviat ion in the i r compasses were | WH E R E A S | cer ta in Regu la t ions for t he swinging of ships for t h e | purpose |
| in | pur suance | of | t h e | " N a v i g a t i o n | A c t | of | 1 8 7 1 " |
m a d e b y the Mar ine Board and approved b y t h e Governor wi th t h e advice of t h e Execu t ive Council which Regu la t ions are set ou t in t h e
| Schedule to th is A c t | A n d whereas | doubts have arisen w h e t h e r | t h e |
| said Regula t ions have t h e | au thor i ty of law so far | as | t hey p u r p o r t | t o |
| au thor ize t h e imposi t ion of fees or charges to be paid for t h e | swinging |
| of such ships as are the re in described to t h e persons the re in | men t ioned |
| and i t is expedient to remove such doubts | A n d whereas i t is also |
| expedient t h a t power to frame Regula t ions for t he proper control | and |
| m a n a g e m e n t | of cer ta in je t t ies quays piers | and | landing-places | should |
he given to t h e Mar ine Board a n d t h a t a power of leasing or issuing licenses for t h e use of the same or of a n y por t ion thereof should he vested in t h e Colonial Treasurer A n d whereas i t is expedient to
| amend t h e said " Nav iga t ion A c t of 1 8 7 1 " in o ther par t icu la rs | Be | it |
therefore enac ted b y t h e Queen ' s Mos t Exce l l en t Majes ty b y and wi th t he advice and consent of t he Legislat ive Council and Legislat ive Assembly of N e w South W a l e s in Pa r l i amen t assembled a n d by t h e au tho r i t y of t h e same as follows :—
| 1. The Regu la t ions set for th in t he Schedule here to shall b e deemed a n d t a k e n to have been lawfully made by t h e Mar ine | Board |
| u n d e r t h e one hund red and | fifth | section | of | t h e " Nav iga t ion | Ac t | of |
| 1 8 7 1 " | A n d | from | and after t he commencement of th i s A c t | such |
| Regu la t ions shall be t a k e n to be in full force and effect | Provided |
| always t h a t i t shall be lawful for t he Governor wi th t he advice of | t h e |
| Execu t ive Counci l to rescind | or a l ter such Regu la t ions | and to va ry |
t h e scale of charges t he reby prescribed for t he swinging of ships.
| 2. I t shal l be lawful for t he Governor wi th t h e l ike advice | by |
notification in t he Government Gazette to declare t h a t any publ ic j e t t y pier quay or landing-place now or hereafter to be const ructed in any pa r t of t h e h a r b o u r of P o r t J a c k s o n or elsewhere wi th in the jur isdic t ion of t he Mar ine Board shall be unde r the control and m a n a g e m e n t of the said Board A n d the reupon i t shal l be lawful for such Board to frame Regu la t i ons to be enforced u n d e r a pena l ty in any case not exceeding fifty pounds for t h e proper use and en joyment of a n y such j e t t y pier quay or landing-place by the publ ic and for the due control and m a n a g e m e n t thereof which Regu la t ions upon approval by t he Governor w i th t h e l ike advice shall be publ ished in t h e
| Government | Gazette and thereafter have the full force of law. |
3. I t shal l be lawful for t he Colonial Treasurer to let any such publ ic j e t t y pier or quay or any por t ion thereof for any t e r m not exceeding three years reserving such ren t and upon such condit ions as h e m a y t h i n k best for t h e publ ic interest and whe the r by publ ic auct ion
| or pr ivate con t rac t a n d to issue to proprietors of s team ferry | boats |
a n n u a l or o ther licenses to use any such j e t t y pier or quay or por t ion thereof for any period to be there in s ta ted w h e t h e r exclusively of o ther persons or otherwise Provided t h a t t h e cha rge for any such license in respect of any j e t t y or pier or port ion thereof if s i tuated a t the Circular Q u a y shal l no t be a t a less r a t e t h a n th ree h u n d r e d pounds
| s ter l ing per a n n u m for every one hund red feet of f rontage to | t h e |
| wa te r in all cases where t he license purpor t s to g ran t | to t he | licensee |
| t h e exclusive r igh t of e m b a r k i n g and d isembarking passengers or at | a |
| less r a t e t h a n one hund red | and | fifty | pounds | s ter l ing | pe r | a n n u m | if |
| t he license purpor t s to g ran t to t he licensee such a r i gh t | in | common |
| wi th other persons | A n d provided fu r ther t h a t all such leases and |
licenses shal l be revocable by th ree m o n t h s notice from the Colonial Treasurer a n d shall in every case be issued subjec t to any Regula t ions to be m a d e by t h e Mar ine Board under t he n e x t preceding section.
4. For the purposes of vo t ing a t elections for and be ing eligible as candidates for t he office of W a r d e n s of t he M a r i n e Board owners of ha rbour and r iver s teamers shall after the passing of th i s A c t be held to be qualified unde r a n d for t he purposes of t he " Nav iga t ion A c t of 1 8 7 1 " and the " Naviga t ion A c t A m e n d m e n t A c t of 1873 "
| provided t hey a re owners of | t he respective a m o u n t s | of | tonnage |
| prescrided by t h e said | first-mentioned | Ac t . |
| 5. I n addi t ion to t he person ment ioned in t h e | e ighty-second |
section of the " Naviga t ion A c t of 1 8 7 1 " as be ing liable to the pena l ty there in prescribed for any offence the re in ment ioned the owner
as
as well as the master of any steamship or harbour and river steamer who after the passing of this Act shall commit the offence in the said section described shall be liable to the penalty therein prescribed.
G. This Act shall be read with and as forming part of the "Navigation Act of 1871" and the "Navigation Act Amendment Act of 1873" and may be cited for all purposes as the " Navigation Act further Amendment Act of 1879."
S C H E D U L E .
Regulations for Swinging Ships.
The Treasu ry N e w South W a l e s 4 th October 1872. 1
H i s Excellency t he Governor with t he advice of t he Execut ive Council has been pleased
to approve of the following Regula t ions made by t h e Mar ine Board of N e w South W a l e s
| u n d e r | t h e powers conferred | on t hem | by t h e one h u n d r e d and | fifth | section of t h e |
| " Naviga t ion | A c t of 1 8 7 1 " thirty-fifth | Victor ia n u m b e r | seven. |
Sydney to wit.
| I N | pu r suance and by v i r tue of t h e one h u n d r e d and fifth | section of the " Nav iga t ion A c t |
| of 1 8 7 1 " W e the M a r i n e Board of N e w South W a l e s hereby m a k e | Regula t ions | for | t h e |
| swinging of ships for t he purpose of ascer ta in ing and adjust ing any deviation | in | t he i r |
| compasses. |
1. Competen t persons will be licensed to swing ships and furnish deviat ion cards and no deviation card will be [recognized unless it bears t h e s ignature of one of t he persons so licensed.
2. Al l iron ships about to car ry passengers mus t be swung and provided wi th a
| deviation card before leaving p o r t and all such ships t r ad ing out of any po r t | wi th in | t h e |
| jur isdic t ion m u s t be swung once in six months and also before going to sea after | mater ia l |
| a l tera t ion or repai rs or more frequent ly | if t he M a r i n e Board should so direct . |
| Provided t h a t on application t o t he M a r i n e Boa rd | and on | showing | sat is factory |
reason therefor a depa r tu r e from any of t he foregoing Regula t ions may be sanct ioned.
| Appl ica t ions m u s t be made a t t he office of t h e Mar ine B o a r d for | t h e services | of |
| t he licensed officers who a r e hereby author ized to charge fees on t h e following | scale :— |
£ s. d.
| F o r vessels unde r 500 tons regis ter | ... | ... | ... | . . . | 2 | 0 | 0 |
| For | vessels over 500 and u n d e r 750 tons reg is te r | ... | . . . | 2 1 0 | 0 |
| For | vessels o v e r 7 5 0 t o n s | reg is te r . . . | ... | ... | . . . | . . . | 3 | 0 | 0 |
| The common seal of t he M a r i n e Board of N e w South W a l e s was he re to | affixed |
| this th i rd day of September one thousand eight | h u n d r e d | and | sevent - two. |
| F R A N C I S | H I X S O N , | Pres ident . |
| H U G H | F A I R | C L O U G H , |
| J O H N | B R O O M F I E L D , | W | a | r | d | e | n | s |
| ( L . S . ) | H E N R Y | B U R N S , |
| J O H N | B. W A T T , | Vice-Pres ident . |
No. XIV.