Navigation (Amendment) Act 1899 (NSW)

Act No. 32, 1899.

navigatiux An Act to filK̂ lish the Marine Board ; to consti-

(AMÊihNT,. Department of N^avigation and Courts of jMarine Impiiry, and to define the powers and duties of such dei)artment and courts ; to amend the Navigation Acts of 1871-189G in other respects ; and for pnrjmses incidental to or consequent upon those objects. [Iteserved— Sfh Decemher, 1899.]

>1] it enacted by tlie Queen’s Most bixeellent Majesty, by and with

t!ie advuec and consent of tlio Legislative Council and Legislative

Assembly of New South AVales in Parliament assembled, and by the

authority of the same, as follows :—

Aholitiox of Marine Boards.

Abolition of marine !• Oil tlic Commencement of this Act, the Marine Board of

boards.

New Soutli AVales and every Local Marine board constituted or estab­

lished under the Navigation Acts, 1871-1896, is hereby abolished.

̂ ‘ The

Act No. :!2, 1899.	287
Nai'igation {Amendment).

■ The Depdi'tmeul o f Navigation.

2. Subject to the provisions of this Act, and witli the exceptions Powers and duUo.s of

iheiiMii mentioned, the powers and anthorities conferred and tlie dniic's acting' under the control of tlie Colonial Treasurer. And all rel'eiamecs in the said enactments to the .‘̂ aid Marine Board shall he taken to reler to the othcer aloresaid.

imposed hy the unrepealed enactments of the Xavigation Acts, 1 8 7 1 -Siiperinteiident of

18i)G, on the Marine Board of New South lYales, or any Local Marine ^-uvig^

.Board, arc hereby conferred and imposed on an officer a])])ointcd hy

tlu' Ciovernor to ho called the Superintendent of the llepartuK'iit ol'

Jhit the ])ower of the said Marine Board—

{a) to recommend lor ap2)ointnicut, su.sj)cnsion, or dismissal, or to

appoint, suspend, or dismiss officers; or

{!)) to iix the salaries or tecs of persons appointed or employed

under the Navigation Acts, 1871-1896; or

(c) to make or recommend the making’ of any rules or regulations, is

not hereby conferred on and shall not he exercised hy the superintendent.

3. Subject to the provisions of this Act the powers conferred oiiuw j.owora and

and the duties imposed hy the unrepealed enactments of the

Acts, 1871-1896, on the Bresident or Adee-Bresidentof the Marine Board officers,

of New South AVales are hereby conferred and imposed on the sujH'riuteu-

dent, or during his absence from his duties on the person appointi'd hy

the (iovernor to discharge those duties ; and the powers confeiTcd and

the duties imposed hy tlu' said enactments on the chairman or \ ic('-

chairman of a Local Marine Board may he exercised ami shall he

pi'rformed hy such offici’r as the Govi'rnor may ajipoint in that hehalf.

4. The Governor shall apyioint a deputy superintendent for the jicimty

])ort ol' Newcastle. Such do]mty siijua’intcndent shall, in the ahscnce

of the superintendent, exercise such of the powers and authorities Newcasiie. •

conferred and perform such of the duties imposed hy this Act on the

supi'rintendent as may he jirescrihcd hy the Governor hy order

]>uhlished in the Gazette.

5. Any documents which, under the Navigation jVets, 1 8 7 1 -Ji»cinnents umicr

1896, might have been made or issued under the seal of the Al arinc Board

Uoya

superintendent, and any documents Avhieh, under the said Acts, might

have been made or issued under the signature of the secretary of the

said Marine Board may he made and issued under the signature of

any person a])pointed secretary oi' duly authorisml to act for the

secretary to tlu’ Department of Navigation. All the provisions of tlie

ol ^ (‘\v iSoutti \\a les may Ik‘ made and issued under tlie Jiand ol tlie .Mvivtiry. the said Marine Board or umhu' the signature of its secretary shall apyily in lesyiect of documents under the signature of the superinteiident

or the secretary of the said department. The

288   Act Ko. 82. 1899.

Nacigation {Amendment).

The Court of 3Iarine Inquirg.

Ooiirl (if Marine 6 . There is hereby conferred upon such District Courts as may

Innuiry.	he ])roclaimed l>y the Governor for the purjiosc jurisdiction to hear and determine inquiries, appeals, and references under tliis Act, under and according to the terms and provisions of the District Courts Act of 1858 and any Act amending the same (so far as they arc applicable), and of this A c t; and a District Court exercising such jurisdiction shall he a court of record, and he called a Court of IMarinc Inquiry.
Constitution of
Court.	7. Any one or more of the District Court Judges may sit as a Court of ^larine Inquiry, and shall he assisted hy two of the assessors appointed under this A c t; such assessors shall have power to advise, hut not to adjudicate, on any matter before the Court.
Otlicers of tlio

Court. 8. All otlicers of the said District Courts shall act as officers

of Couids of Marine Inquiry.

Kules of Cour!.. 9. (1) The Judges of the District Courts, or any three of them, may make rules to regulate the procedure and practice of Courts of Marine Inquiry, and such rules shall have the same force and effect as if they had formed a ]iart of this Act, notwithstanding that they may conflict with the provisions of the District Courts Act of 1858, or any Act amending the same.

llules made as aforesaid shall ho puhlished in the Gazette,

and shall take effect from the date of publication.

Directions where no (2) Until rules are made and published under this section, or

rules.

so far as such rules do not extend, the presiding judge may, in any

particular case, give such directions as may seem tit.

Jurisdiction of Court	10. (1) A Court of Marine Inquiry is hereby authorised to
in imjuiries ns to

shipwrecks, i ê.	make inquiries as to shipwrecks and other casualties affecting ships, or
M. S. Act, 1891,	as to charges of incompetency or misconduct on the part of masters,
s. 478.	mates, or engineers of ships in the folloAving cases, namely :—•

(a)	AYhere a shipAvreck or casualty occurs to a British shij) on or near the coast of X cav South Males or in the course of a A'oyagc to a port Avithin K cav South Males.
(h)	AVherc a shipAvreck or casualty occurs in any ])art of tlu! Avorld to a British ship registered in New South AVah's.
(r)	AVhere some of the crcAV of a British ship Avhich has been Avrecked or to AAhich a casualty has occurred and Avho are (!ompetent AA'itnesscs to the facts are found in Ncav South AValcs.

((/) AVherc the incompetency or misconduct has occurred on hoard a British ship on or near the coasts of Ncav Soulh AVales, or on hoard a British ship in the course of a aoyag(> to a port AA'ithin Ncav South AAmlcs.

(c) AVliert; the incompetency or misconduct has occunaal on hoard a Biitish ship la'gistered in Ncav South AVah's.

' i f )

Act No. 32, 1899.	289
Navigation {^Amendment).

i f ) Wlicre the mastci', mate, or engineer of a British shi]) who is charged with incompetency or misconduct on board tliat th'itisii ship is found in New Soutli Wales.

(2) Tlie said court sliall liave the same jurisdiction over ilic matter in question as if it liad occurred Avithiu its ordinary juris­ diction, hut suhji'ct to all provisions, restrictions, and conditions as Avould have liecn applicable it it had so occurred.

(3) An inquiry shall not he held under this section into any matter ivliich has once been the suhjc'ct of an investigation or inquiry, and has Ikhui laqiortcd on hy a competent court or tribunal in any part of Her Wajesty’s dominions, or in re.spect of ivliich the ccrtillcate of a master, mate, or ('nginecr has been cancelled or suspended hy a naval court constituted under the Inqicrial Merchant Shijiping Act, 1891.

(1) Where an invest igation or in(|uiry has been comnuniced

in the Unitial Kingdom with reference! to any matter, an inquiry with

referc'nce to the same matter shall not he held uudc'r this section.

(o) The said court, holding an in([uiry under this se'ction,

shall have the same poivers of cancidling and suspending certilicatt's, and shall ('xc'rcisc tliose })OTvcrs in the same manner as a court holding a similar investigation or inquiry in the United Kingdom.

({)) 'riu! said court, for tlu' purposes of any inquiry undeer this section, shall, so far as relates to the summoning of parties, and cennpedling the' atte'udancc of witnesses, have all the powers of the Siq)remc Ceeiirt.

11. A Court of IMarine Inquiry shall, wlu'ii requested hy the wiiencomi tomako

Cedential Treasurer and may in any case Avherc it thinks tit, make aiiv ‘"'i''"'.'- inquiry under the last preceding section.

12. d'hc Governor may, Avhere any such inquiry as afore'said Rdicai-insof iniiuiiy

has been made, order the case to be reheard hy a Court of Mariiie

Inqiiiry, cither generally or as to any part thereof, and shall do so—

{a) if new and important ('vidence, Avhich could not he produced

at the inquiry, has been di.scovcrcd ;

(/;) if for any other reason there has, in tin' opinion ol' tin;

(iovc'rnor, been ground for suspecting that a miscarriage of

justice' has occurred.

13. The senior Disti'ict Court .ludge present shall ])resid('at any I’liKciUin'at, sitting of a Court of Marine Inquiry.	numn.
EA’ery inquiry under this Act shall he in open court. 'Ihc! decision of the court shall he delivered by the presiding judge iu o[)en court. In the event of an ('quality of votes the presiding judge shall liaA'c :i casting as Avell as a deliheratUc vote.
'J'l'.e pr(!siding judge shall in CA'cry cast' forward lo tlu! Governor a co])y of the decision of the court, together Avitli notes of tlu! evidence g iven ; and it shall ho conqtetent for any member of the court Avho dissents from the decision to likewise fonvard his

Avritten reasons for so dissentiiu;’. 14.

T

290   xVct Xo. 82, 1(S99.

Navirjation [Amendmen t).

Deliverj of certificate	14. A master, matt', or engineer, wliose ecrtificati' is caiicc'lled
cancelled or

liuspendecl.	or suspended hy a Court of ^Marine Iii([uiry, shall deliv(,'r his ecrtilieatc' to the said court on demand, or if not so dem:inded, to the superin­ tendent, or as the superintendent directs.
If a master, mate, or engineer fails without sufficient cause to comply with this section, lit' shall for each offence he liahlc to a penalty not exceeding fifty pounds.

Jurisdiction of	15. (1) A Court of Marine Inquiry shall hear and detciauino
court in respect of

detention of unsafe	in open court any appeal or reference in pursuance of tliis Act in
ships.	respect of the detentiem of a ship alleged to he unsafe ; and the pro­ cedure of that court on the hearing and (h'terniining of such appeal or reference shall he as provided in pursuance of this Act in respect of inquiries as to sliipwrecks.
(2) ^Vny judge or assessor of the court may survey the shi]), and shall, for the purposes of this Act, have all the potvers of an inspector under the Navigation Acts, 1S71-18SX).
(3) The presiding judge of the court may appoint any competent person or ])ei'sons to survey tlu' ship and report thereon to the court.

(I) Any judge of the court, any assessor of the court, and

any person appointed hy the presiding judge of the court to survey a ship, may go on hoard the ship and inspect the same and every part thereof, and the machinery, equipments, and cargo, and may require the unloading or removal of any cargo, l)allast, or tackle; and any person who wilfully impedes such judge, assessor, or person in the execution of the survey, or fails to comply with any rt'quisition made hy him, shall he liable to a penalty not exceeding ten pounds.

(5) The court shall have the same power as tlie su])er- intendent has to order the ship to he reh'ascd or finally detained, hut unless one of the assessors concurs in an order for the detention of the ship, the ship shall he released.

(6) The owner and master of the ship, and any person appointed hy the owner or master, and also any person appointed hy tlie Colonial Treasurer, may attend at any inspection or survey made in pursuance of this section.

(7) The presiding judge shall send to the Governor such report as may he directed hy the rules, and each assessor sliall either sign the report, or re]iort to the Governor the reasons for his dissent.

Appoint nient of 16. (1) Tlie assessors avIio assist iii a Court of Marine Inquiiy

assessor?!.	under this Act shall hi' of nautical, engineering, or other special skill or
ss!°466,̂ 407 uiid w	shall 1)(' ap]X)iuted out of a list of persons for the time heing a])]>roved for the jiurpose hy the Governor, in such a manner and according to such regulations as may he ])rescrihed hy rules inade hy the Governor Avith regard thereto.

' ( 2)

Act No. 32, 291

Navigalion {Amciiclment) .

(2) Wliei’c any inquiry involves or a[q)oars likely to involve any ([uestion as to the caneelling or suspension of the cortilicate ol' a master, mate, or engineer, the court shall hold tlu; inquiry 'with tlie assistance ol' not less than two assc'ssors having ('vpiaienei' iu the merchant service'.

(3) The list of persons approve'il as assessors shall he iu force for one year only, hut jiersons whose names are on any .*<uch list may he approved for any subsequent list.

(t) The Governor may at any time add or withdraw the

name of any person to or from tlu; list.

(5) The Governor may make rules Avith regard to the ap[)ointnient and summoning of assessors, and any such rule Avhilc in force shall have effect as it it a\ ci'(; enacted in this Act.

17. Every assessor shall. For every day or portion oF a day during' which he is engaged in a Court oF iUariiu' Inquiry, or in attendance waiting to perform his duties in any such court, he paid tlu; sum of three pounds out oF ;iny moneys to he A'oted hy I’arliament foi' that purjiosc. to asj'O.'-jur?.

Jlisccllancuti.s.

18.    (1) Such of the iirovisions of Part II oF the Xavigation Act of Application of Pan

1871 as amended l)v the Xa.vigtition Act Anu'udnu'nt Act of 1873 and

th(‘ JNavi '̂ation l/nv Ain(‘n([}nciit Lav>' ol 18S.l,as ap[)iy to J5ritish and not oamin-

foreign steamships carrying or ('ngagt'd in the trade oF com'cying

passengers from any jiort or place Avithin tlu' jurisdiction to any port

or place in any otlu'r ])arl oF Her llaj-esty’s dominions are licrt'hy

extended to ap])ly so far as ])ossihle to :dl British and foreign shi})s

respectiA’clj’ engaged in trading from any ];ort Avithin the jurisdiction

to any other port in Ilt'r Majesty’s dominions, wlu;ther such trading

docs or docs not include tlu' carrying oi' jiasscngers.

(2) This section shall not a])ply to any ship holding Lloyd’s 100 A elassitication certificate, or to any steamship registered in Great Britain and L‘('land Avhicli holds a ])asscnger steamer’s certilicate under the Im])f'rial M(>rchant 8hi])ping Act of 18t) F, or any Act amending the saiu',; or iu suhst itution l lu'reof.

(3) 'the Governor may direct th.at any British or Foreign,

ship trading hetAveen any port in jS'ew South AVales and any ])ort not

heing Avithin Grc'at Britain or I rf'land shall h(' subject to the iirovisions

of this section. *

19. Except in cases provid('d For in the Xfivigation A.ct oF 1871, iVi-son.s m ciuircc of

every person in charge; of machiru'rv and boilers used for | ] ] ( . l y purposes ot navigation on any British or Foreign steamslu]) carrying or î omi>t4cncy. (;ngagcd in the trade oF conveying passengers from any ])ort or jilace

AAcithin the jurisdiction to any ])ort or jilace in any otlu-r |)art of IL’r Majesty’s dominions shall hold a first or second class cngiiK'i'r’s

certificate. 20.

292   Act No. 32, 1899.

Navigation {Amendment).

Machinery on tcpscI s	20. Except in cases provided for in (lie Navigation Act of 1871.
to be in charge of

certified, engineer.	or in tlie last preceding section, every ship using steam power for tlic purpose ot navigation shall have as its only or first engineer an engineer possessing a third-class engineer’s certificate, or a certificate of higher grade :
Provided that nothing herein shall apply to steam-launches, ('xeept such as are used for hire or for the carriage of goods, or fin- towage purjioscs.

Third-class	21. Section seventy-five of the Principal Act is herehy amended
certificates to suffice

in certain cases. as follows :—

(1) By tlu- insertion in snhscetion (iv) after the words “ eoast- “ trad(' steamship” of the words “ other than as mentioned “ in the next snhscetion.”

(2) By the insertion l)efoi’o the first Avord “ Every ” in sahseciion (v) ot the words “ Every coast-trade steamship) of liffy “ ]iominal horse-power ornuder trading hetween ports witliin “ ihc jurisdiction, and ”

Master and Jiialcs of	22. Section eighty-one of tlic Princi[)al Act is hcrc-hy amemh'd hy omitting the Avords—“ No forc-ign-going shi]) of a tonnage of or al)ove tlii-ee hundred tons shall go to sea from any port or place Avithin the jurisdiction unless the master, first, and second mates of such ship shall have obtained and possess A'alid certilieates, either of conipctcncy or service, appropriate to their several stations in such shij), or of a liighcr grade, and no such shi]) of a tonnage under three hund)-('d tons shall so go to sea as aforesaid unless the master and first and only mate of such ship shall possess the like certificates,” and snl)stituting the Avords—“ No foreign-going shi]) shall go to sea from any port or place Avithin the jurisdiction unless the master and lii-st and only mate of such ship shall possess Aval id ec'rtifieates, cilher of competency or of serA'icc, appropriate to their several stations in such shi]) or of a higher grade, or (if such ship carries more than one mate) unless the master and tirst and s('con(l males of such shi]) sliall ])osscss file like certificates.”
foreign-going slii] s.
Marking of deck	23. (]) Every Bi-itish ship (except coast-trade ships under yachts, and ships employed exeluslA’ely in trading or going from ])laee to ])lace in any river or inland Avatcr, the Avholc or part of which is Avithin the jurisdiction) shall he ])ermancntly and eonspieuously marked Avith lines (in this Act colled deck-lines) of not less than t welve inclu's iir length and one inch in hrendth, ])ainted longitudinally on (-aeli side amidships, or as near thereto as is ])raetieahle, and indicating tlic position of each dock Avhieh is aho e Avater.
lines.	('ighty tons register, ships (-mploycd solely in fishing, and pleasure
M.8.Ael;U9-l,s.Io7
(2) The upper edge of each of the deck-lines must he level Avith tlie u])])er side of the deek-plank next tlic Avaterway at tlie place of marking.

̂ (B)

Act No. 32, 1893.	293
Navigation {Amendment).

(3) The deck-lines must he white or yellow on a dark

ground, or hlack on a light ground.

(4) In this section the expression “ amidships” means the

middle of the length of the load water-line as measured from the fore

side of the stem to the aft side of the stern-post.

24. (1) The owner of every British ship proceeding to sea Markingotioadline, from a port in the Colony (except coast-trade ships under eighty tons m.s. Ai't,i804,3.438. register, ships employed solely in lishiiig, and pleasure yachts) shall,

hefore the time hereinafter in this Act mentioned, mark u])on each of her sides amid.ships Avithin the meaning of the last preceding section, or as near thereto as is practicahlc, in white or yelloAV on a dark ground, or in hlack on a light ground, a circular disc twelve inches in diameter, Avith an horizontal lino eighteen inches in length diUAvn through its centre.

(2) The centre of this disc .shall he placed at such level as may he approvcal hy the superintendent heloAV the deck-line marked under or in accordance Avith this Act, and sjiecitled in the ceiliflcati! giAvm thereunder, and shall indicate the maximum load-liiu' in salt Avah'r to Avhich it shall he laAvful to load the ship.

(3) The position of the disc shall he llxcd in accordance A\ ith the tahlcs then in use under the Imperial Merchant Shi])ping Ac-t, 1894, or any Act amending tin' same or in substitution thereof, subject to such alloAvance as maybe made necessary hy any dilference hetAveen the position of the deck-line marked under this Act and the position of the line from Avhich freeboard is measured under the said tables.

25. If a ship is so loaded as to suhmerge in salt Avater the sllip̂ yith submerged

centre of the disc indicating the load-line, the shin shall he deemed to

he an unsafe ship Avithin the moaning of the provisions contained	J
tlu; Navigation Lavv Amendment Act of 1881, and such submersion shall he a reasonable and probable cause for the detention of the ship.

26. (1) 'Where a ship proceeds on any v oyage from a port in Tiim-, &c-., for

this Colony for Avhich the owner is required to enter the ship out-

AA'ards, tlu; disc indicating the load-line shall he marked, hefore sOtcsL'is. entering her, or if that is not ])racticahle, as soon aftenvards as may he. um. s. 440.

(2) The OAAmer of the ship shall upon entering her outAv ards,

insert in the form of entry a statement in Avriting of the distance in feet and inches hetAveen tlie centre of this disc and the upper edge of each of the deck-lines which is above that centre, and if default is made in inserting that statement, the ship may he detained.

(3) The master of the ship shall enter a copy of that state­

ment in the agreement Avith the crcAV hefore it is signed hy any memhi'r of the crevv, and a shipping-master shall not proceiul Avith the engagement of the crcAV until that entry is made.

(4) The master of the ship shall also enter a copy of that

statement in the official log-hook.

294   Act Xo. .32, 1899.

Navigation {Amendment).

(5) 'When a ship to which tliis section applies lias boon

marked with a disc indicating the load-line, she shall he kept so marked

until her next return to a port of discharge in the Colony.

Time,

for 27. (1) 'Where a coast-tiade ship is required to he marked with

marking loacl-Hno

in case of coasting

the disc indicating the load-line, she .shall he so marked hefore the ship

vessels.

proceeds to sea from any port ; and the owner shall also once in twelve

M.s.Ad,iso4,s.4n.

iminediatidy hefore the ship proceeds to sea, transmit or deliver to the chief officer of customs of the port of registry of the ship a statement in writing of the distance in feet and inches between the centre of the disc and the upper edge of each of the deck-lines which is above that centre.

(2) The owner, hefore the ship proceeds to sea after any

renewal or alteration of the disc, shall transmit or deliver to the chief

• officer of Customs of the port of registry of the ship notice in writing of that renewal or alteration, together with such statement in writing as hefore mentioned of the distance hetween tlu' centre of the disc and the upper edge of each of the deck-lines.

(8) I f default is made in transmitting or delivering any

notice or statement under this section, the mvner shall for each

offence he liahlc to a fine not exceeding one hundred pounds.

( I ) AThcn a ship to rvliich this section applies has been marked with a disc indicating the load-line, she shall be kept so marked until notice is given of an alteration.

roiialt V for ofTcnco ̂ 28. (1) If—

in rolation to marking any owner or master of a British shi]! fails without reasonable

of load-line. («)

Ihi(L 8. 442.	cause to cause his ship to be marked as hy this Act reepured or to keep her so marked, or allows the ship to he so loaded as to suhmerge in salt water the c(mtre of the disc indicating the load-line; or
any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of tlu' said marks, except in the event of the particulars thereby denoted heing lawfully altered, or except for the purpose of escaping capture hy an enemy—

ho shall for each offence he lialde to a line not exceeding one hundred

pounds.

(2) If any mark required hy this jVet is in any I’cspecit inaccurate, so as to he likely to mislead, the owner of the ship shall for each olfcnce he liahlc to a fine not exceeding one hundred pounds.

Hcgiilations as to	29. (1) The superintendent may a])provo and certify from time
load-lines.

Sec Ihid. s. 443. to time the position of the disc indicating the load-line, and any alteration thereof, and may ajipoint fees to he taken in re.spcct of any such approA'al or certificate.

(2)

Act No. 82, 181)9.	295
Navigation {Amendment) .

(2) The Governor may make regulations to conform so far

as possible witli the regailations of the Board of Trade—

{a) determining the lines or marks to he used in connection with the disc in order to indicate the maximum load-line under ditlerent circumstances and at ditVerent seasons, and declaring that the provisions of this Act as to load-lines shall have effect as if any such line w('re drawn through the centre of the disc ; and

{h) as to the mode in which the disc and the lines or marks to he used in connection therewith are to he marked or affixed on the ship, whether hy painting, cutting, or otherwise ; and

(c)	as to the mode of application for, and form of ccrtilicatos under, this section ; and
(d)	requiring the entry of those certificates, and other particulars as to the draught of water and freeboard of the ship in the official log-hook of the ship or other publication thereof on board tlic ship, and requiring the dedivery of copies of those entries,

and fi’om time to time may by regulations repeal, alter, suspend, or modify any of tlu' said regulations, or may make new regulations in addition thereto, or in substitution therefor, so as to conform so far as 2iossiblc with the said regulations of the Board of Trade.

(3) All regulations made under this section shall, when puhlished in the Gazette, and while in force, have elfect as if enacted in this Act, and if any iierson fails without I'casonable cause in com|ily with any such regulation made with respect to the entry, publication, or delivery of cojiies of certificates or other ^ f̂ii'ticulars as to the draught of water and freeboard of a slii î, he shall, for each otfcnce, he liable to a fine not exceeding one hundred jiounds.

(1) Where, in jmrsuance of the regulations, any such certificate is required to be tlelivcrcd, a statement in writing as to the disc and deck-lines of a ship need not he inserted in the form of entry, or transmitted, or delivered to a chief officer of Customs under the jirovisions hereinhefore contained.

30.                 (1) Any load-line tixi'd and marked and any certificate I’roTkion as to load-

given in accordance with the Imperial Merchant Sln'iajiing Act, 1891, or any Act amending the same or in snhstitution thereof, shall h a v e and BritisiCeoionies. the same ctfect as if it had been fixed, marked, or given in accordance See m.s. Act, ism,	3.	444.
with this Act.
(2) Where tlit; legislature of any British jiossession by any enactment provides for the fixing, marking, and certifying of load­ lines on sliijis registered in that jiossession, and it ajipears to the Governor that that enactment is based on the same jirinciples as the provisions of this Act relating to load-lines, and is equally effective for ascertaining and determining the maximum load-lines to which these ships can he safely loaded in salt water, and for

' giving

296   Act Ko. 32, 1899.

NaVigation (A mendment).

giving notice of the load-line to jiersons interested, tlie Governor, hy proclamation in the Gazette, may declare that any load-line fixed and marked, and any certilicate given in pursuance of that enactment shall, Avith respect to ships so registered, have the same effect as if it had been fixed, marked, or given in pursuance of this Act.

Provision as to 31. (1) AVhere tlie superintendent certifies that the laivs and

foreign alii])s with

respect to load-lines.	regulations for tlie time being in force in any foreign country, and
M .S.Act,1891,s.445,	relating to overloading and improper loading, arc equally effective Avitb the provisions of tlic Navigation Acts, 1871-lS9ti, and this Act relating thereto, the Governor, by ])roclamation in the Gazette, may direct that on jiroof of a ship of that country having complied with those laAva and regulations, she shall not Avhen in a port of the Colony be liable to detention for non-compliance with the provisions of the Navigation Acts, 1871-1890, or this Act, nor shall there arise any liability to any fine or penalty whicb Avonhl otherwise arise for non-compliance rvith those provisions.
(2) Provided that this section shall not apply in the case, of any foreign country in which it appears to the Governor that corri's- ponding provisions arc not extended to British .shijis.

Pilotage eertifleatcs	32. (1) Pilotage certificates shall only be granted to British
not to be granted in

respect of foreign	subjects, and may only be granted or used in resjicct of British shi]>s
trading ships.	registered in the Australasian Colonics employed in trading or going betAveen some port within the jurisdiction, and some iport or ^̂ lacc in the Australasian Colonies or in the South Sea Islands, and in respect of ships engaged in tlie AAdialing trade.

Pilotage certificalo	(2)	Any person not being a duly licensed pilot in tlie employ
can only l)c used by

tl\e master.	of tlie Government of Ncav South AVales avIio acts as a pilot for any ship of AAdiich he is not the master named on the certificate of registry of the ship, or any document liaA'ing tlic effect of a certificate of registry of the ship, cither enti'ring or navigating in or leaA'ing any port or place within the jurisdiction at Avhich there is a pilotage establish­ ment, shall, whether he Isolds or does not hold a pilotage certificate granted before or after the eomimmcement of this Act, lie liable to a penalty not exceeding fifty pounds.
No ships to be
removed except in	33. No ship (except AA'liere thi' registered master is in chargi' and of mooring or anchorage to another in any port or place Avithin the jurisdiction at which there is a pilotage establishment unless such ship has been giA'en in charge of a licensed pilot in the employ of the Government of Noaa' South AÂ ales for the purpose of such removal; .and if any ship is removed in contraA'cntion of the jirovisions of this section the master or OAi ner of such ship shall be liable to a jienalty not exceeding tAiTnty pounds : Provided that this section shall not apply to the remoA'ing of a ship from one' side of a Avharf to the other, or to an immediately adjoining Avharf, so long as the ship’s moA'cments
charge of a licensed	is the holder of a pilotage certificate) shall be removed from one ])lacc
pilot.
are controlled by her oAvn Avarps. A

Act Xo. ;!2, 297

Navigation {A mcndment).

A licensed pilot removing any ship in jmrsuance of this section .shall he entitled to rcecive the dues set fortli in Schedule II to the NaA'i^ation Act of 1871 as amended hy the KaA'i^ation Acts vVniend- nnmt Act, 189G, and such dues shall l)c paid and aeconnted for as rates and duos authorised hy the XaAl^atinn Act of 1871 arc; paid and accounted for: l*rovid('d that if any ship is I'emovcd more than three times durino-thc same' stay i)i ])ort tlu'iM' shall he ehargeahle in respc'cd of the fourth and ev('ry suhseipienl such nmioval one half only of such dues.

34. Section four of the Navigation Acts Amendment Act, 1S!)(5, Piiotn.;,' rah-a.

is herehy amend<'d by the omission from subsection (/;) of the avords ‘•'or of ohinining coal to he used in tlu' shi[) on her voyage,” and tlu' words “ or after obtaining coal to he used on tlu' sh.i]) on her voyage.” and hy the insertion in subsection (e) after tlie avords “heing in distress ” of tlu' avords or enti'ring any ])ort or ])lacc for the purjiosc' of obtaining coal to 1)0 used in the ship on her voyagi', and for no otlu'r purpose.”

35. Ea'ery place in any ship registered in Neav South AA'ah's a,-0 0 1 1 1.11,niaiion for

oeeii])i('d hy seamen or apprentices, and appropriated to their us(', .shall have for each of those seamen or a])prentices a space of not less than sca'onty-taa'o cubic f('et, and of not less than taa'elve superficial fi'ot measured on the deck or floor of that place, and shall ho suhjc'et to the regulations in Schedule One to this Act, and those regulations shall have eifect as part of this section, and if any of the foregoing reiiuircments of this section is not conpilied with in the ease of any shi[), the owner of the ship shall for (‘adi ofl'enee hi' liahh' to a line not e.xceeding twenty pounds.

Every place so occupiial and a])])ropriated shall he kept fi'ce from goods and stores of any kind not hi'ing the ])crsonal property of the crew in use during the A'oyage, and if any such jilaee is not so ke])t free, the master shall forfeit and ])ay to each seaman or apprentice lodged in that place the sum of one shilling for ('ach day during which, after conijilaint has been made lo him hy any two or more of the s i m - mcn so lodged, it is not so kept free.

Such fees as the GoA'ernor ti:<es shall he ]iaid in respect of an inspection for the imrposes of this section, not exceeding the f(>es specihed in Schedule One to tliis Act.

36. (1) Section six of thi' Navigation Law' Aimmdmi'nt Act Extpll̂ l(m ,.f power of (lotciil ion for

of 1881 (w'hich gives power to detain unsafe ships) shall apply in ■

the case of undermanning, and accordingly that section shall 1)0 manning.

construed as if the words “ or hy reason of undermanning” Avere inserted thin-ein after the word “ machinery,” and as if the Avords “ or for ascertaining the sudleieney of the crew ” Averc inserted therein after the Avord “ surveyed,” and as if the Avords “ or the manning of the ship ” AA'ore inserti'd therein after the Avords “ reloading of cargo,” and the poAvers exercisable under and for tlu' ])iir[)oses of that section

shall include poAver to muster the crcAv. (2)

298   Act No. ))2, 1899.

Na vigat ion (A men clmen t) .

Foreign ships.	(2) Section t-\venty of tlie NaA-igatioii Law Amendment Act of ISSl shall also apply In tlic case of the undermanning, and accordingly that section shall he construed as if the words “ or under- mauniug ” were inserted therein after the rvords “ improper loading.”
Marine Iu([uiry.

Appeal to Court o l 37. (1) Befori’ the order for final detention of a ship alleged to

he unsafe is made, a copy of the report of the survey of the ship shall be served upon the master of the ship, and within seven days after that service the owner or master ol‘ the ship may appeal to a Court of Marine Inquiry in manner directed hy the rules of that court.

(2) The Governor may a])point any Stipendiary or Police IMagistrates to sit as .Judges of Courts of Alarine Inquiry for the purpose of hearing and determining such appeals, and any one or more of the Stipendiary or Police Magistrates so appointed may so sit, and all the provisions of this Act relating to Judges of a Court of Marine Inquiry shall apjdy to such Stijiendiary or Police Magistrates so sitting.

Relerence to court. (3) IVhere any sucli ship has been provisionally detained, the Colonial Treasurer may, at any time, if he thinks it expedient, refer the matter To a Court of Marine Inquiry.

Rules as to life- 38. The rules contained in Schedule Two are substituted for

sarin" appliances.

section ninety-one of the Xavigation Act of 1871, and shall he road as part of this A c t; hut it sliall hi' hnvi'ul for the Governor hy proclamation in the Gazette to repeal, alter, suspend, or modify any of tlie said rules, or to make new rules in addition tlicreto or in substitution therefor, so as to conform so far as possible witli the rules made or to he made under the Imperial jMerchant Shijiping Act, 1891, or any Act amending the same, or in substitution thereof; and any alteration in or addition to the rules made iu the manner above di'serihed shall he of the same force as if it had been enacted in this Act.

IVnalty for l)rcacli of

rules as to life- 39. In any of the follow iiig cases, namely—

saviu" a))plinnecs.	[a) if any ship requiri'd hy the rules to he provdded with appliances for saving life at sea, proceeds on any voyage or excursion Avithout heing so proA'ided in accordance Avith the rules a])plicahle to tlu' ship ; or
(//) if any of the aiiplianccs Avith Avhich she is so ])rovidcd arc

lost or rendered unfit for service in the coursi' of the A'oyage

through tin' Avilful fault or negligence of the OAvner or master;

or

(-) if in case of any such a])pliances heing lost or injured in the course of the A’oyagi' the master Avilfully neglects to replace or rejiair the same on the tirst opportunity; or

{(1) if such ap])liances are not kept so as to he at all times tit and ready for use ;

then if the OAvmn- is proved to Ix' iu fault he shall incur a penalty not exceeding one hundred pounds, and if the master is proA'od to he in fault he shall incur a penalty not exceeding fifty pounds.

Act No. o2, 1899.	299
Navigation [Amendment).

40.                 (1) Any sm'veyor appointed under the Naviji’ation Act of Provision for

1871, or any such other person as the Governor may ajipoint for the

purpose, may inspect a ship for tlic ]>nrpose of seeing that slio is

properly provided nitli appliances tor saving life at sea in conformity	'
Avith tliis Act, and shall for that ])urpose ha e all the poAvers of an inspector under the Navigation Acts, 1871-ASDG,

(*2) I f any such surveyor or tierson finds that any ship is

not so provided, he shall give to the master or OAvner notice in Aviiting pointing out the deficiency, and also pointing out what, in his ojiinion, is requisite to remedy the same.

(3) Every notice so giA'en shall he communicated, in such

manner as the Governor may direct, to the chief officer of customs at	*
any port at AA’hich the ship may seek to obtain a clearance or transire, and the ship shall he detained till a certificate under th(‘ hand of any such surveyor or person appointed hy the Governor as ai'ori'said is produced to the elfect that the ship is projierly provided Avilh appliances for saving life at sea in conformity A\dth this Act.

Sup^plemental and repeal. ^

41. The jioAver conferred by the Navigation Acts, 1871-189(1, The nKiiiinf: of

on the Governor to make, alter, or repeal any proclamations, rides, l-™*ntTons

or regulations upon the recommendation of the Alarinc Hoard of tiie Oolonior. ' recommendation.

And the power conferred hy the said Acts on the said Alarinc Hoard to make, alti'r, or repeal rules or regulations maybe exercised hy

the GoA'ernor,

*U1 rules or regulations so made, and all alterations in and repeal of any rules or regulatiofis, shall take effect from the date of their publication in the Gazette.

All rules or regulations made under this Act shall fortlnvith he laid before Parliament if it he then sitting, and if not, then Avithin thirty days after the commencement of the next session.

42. The ])OAA'cr conferred hy the Navigation Acts, 1871-1890, t i .o appoinimoni of

on the Governor to appoint any ofilcm's upon the recommendation of

the Marine Hoard of Noav South 'W'alcs may he exercised hy the

Governor without any such recommendation.

And the poAver conferred hy the said Acts on the said Alarinc ]?oard to appoint any officers may he exercised hy the GoAurnor.

Subject to the provisions of this Act, the officers so appointed shall haA'e the same poAvers and shall perform the same duties as

if they had been appointed under the NaAdgation Acts, 1871-1896.

The appointmefit of any officers shall he made in accordance

Avith the joroAdsions of the Public Service Act of 1895.

300   Act No. .32, 1890.

Navigaiion {Amendment).

Saving as to procla­	43. Nothing in this Act shall affect the operation of any
mations, rules,

regulations, orders,	Illations, ru les,proclam ations, rules, or regulations made under tlie Navigation Acts,
appointments, 1871-1896, except so far as they may he inconsistent with this Act,
fertiHcatcs, and
documents. or affect the validity or effect of any orders, apiiointments, certificates, or documents made or issued under the said Acts.
Saving as to previous 44. Nothing in this Act shall affect—
operation of
enactments, (r/) the operation liefore the commencement of this Act of any duly suffered, done, or commenced to he done hefore the commencement of this Act, under any enactment, procla­ mation, rule, or regulation ; or
proclamations, rule.a, enactment, proclamation, rule, or regulation, or anything
and regulations.

{b) any right, privilege, ohligation, or liability acquired, accrued, or incurred hefore the commencement of this Act under any enactment, proclamation, rule, or regulation ; or

(c)	any penalty, forfeiture, or punishment incurred in respect of any offence committed bcfoi'e the commencement of this A c t; or
(d)	any investigation, legal proceeding, or remedy in respect of any sndi right, privilege, ohligation, liability, penalty, for­ feiture, or punishment as aforesaid ; and any siicli investiga­ tion, legal jiroceeding, or remedy may he instituted, continued, or enforced as if this Act had not been passed.

Inferprctiilion. 45. In this Act and in the Navigation Act Amendment Act of

1873, unless the context otherwise requires,—■

“ British possession” means any part of Her Majesty’s dominions, exclusive of the United Kingdom, and where parts of such dominions are under botli a central and a local legislature, all parts under the central legislature shall, for the purposes of this definition, he deemed to he one British possession ;

“ legislature,” when used with respect to a British possession, means the authority other than the Imperial Parliament or Her iMajesty the Queen in Council, competent to make laws for a ]3ritish possession ;

“ port” includes place.

Any reference to failure to do any act or thing shall include a

reference to refusal to do that act or thing.

Eepeal. 46. The enactments described in Schedule Three arc to the

extent therein mentioned herehy repealed.

Tiicorporation nnd 47. Tlus Act shall 1)0 coustrucd With tlio Navigation Acts,

short title.	1871-1890, and mav he cited as the “ Navigation (Amendment) Act,
1899.” ‘ '

SCHEDULES.

Act No. 82, 1(S99.	301
Naoigation {Amendment).

SCHEDULES.

SC1IHDUL1-; ONE.

lirf/ul/ilioiiti to he ohnercri! ici/Ii rrs/ircl /o accommodidion on hoard ships.

EvKiir ])lacG in a sliip occupied bj' seamen or apprentices, and aii|iropriatcd to tlicir use, sliall be such as to make the space which it is required by this Act to contain available for the [iroper accommodation of the men who are to occupy it, and shall be

securely constructed, jiropcrly lighted and ventilated, properly protected from weather and sea, and as far as practicable projierly shut olf and protected from eflluvium which

may be caused by cargo or bilge water.

A place so occupied and appropriated as aforesaid shall not authorise a deduction from registered tonnage under the tonnage regulations of the Imperial IMcreliaiit bihippiug Act, 1S!)1, unle.ss there be in the ship properly constructed privies for the use of the crew, of such number and of such construction as may be approved by tlu' surveyor of ships.

Every jrlace so occupied and appropriated as aforesaid shall, whenever the ship is registered or re-registered, be inspected b}̂ one of the surveyors of ships under the Navigation Acts, 1S71-1 MIG, and this Act, who shall, if satisfied that the same is in all respects such as is required b}' this Act, give lo the collector of customs a certificate to that elfect; and if the certificate is obtaimd, but not otherwise, the space shall be deducted from the register tonnage.

No deduction from tonnage as al'oresaid shall be authorised unless there is per- maneutly cut in a beam, and cut in or painted on or over the doorway or hatchway of every jjlace so occupied and appropriated, the number of men which it is constructed to accommodate, with the words " certified to accommodate seamen.”

Epon any complaint concerning any place so occupied and ajijiropriated as afore­ said, a surveyor of ships may insjvect the jilace, and if he finds that aiiv of the jirovi.sions of this Act with resjiect to the same are not complied with he shall report the same to the chief officer of customs at the port where the sliiji is registereil, and thereupon the registered tonnage shall be altered and the deduction aforesaid iu respect of sjiace disallowed, unless and until it be certified by the surveyor, or by some other surveyor of ships, that the provisions of this Act in resjiect of the jdace are fully complied with.

Mii.viiitiim fees fo r inspeclion.

The fee for each visit to the ship shall not e.xcecd ton shilling.s.

The aggregate amount of the fees for any such inspection shall nol exceed one

pound, whatever lie tlu! number of separate visits.

When the accommodation Is inspected at the same time with the measurement of

the tonnage, no separate fee shall be eharged for the insjiection.

SCIIEDE^EE TWO.

LIFE-SAVIXG APPLIANCES.

Eor the purjmses of this Schedule —

“ Intercolonial limits” means this Colony and the Australian Colonics, and the

Colonies of 'Tasmania and New Zealand ; and

Other expressions not defined in the Navigation Acts, 1S71-1S1)G, laar the nuaninrs

given lo them in Part 111 of the fmjierial Merchant Shipping .Act, IStll.

l^'orthe purjioses of these rules, British shijis shall be arranged into thc' following

classes:—

Divisrox (A).

Class 1—Emigrant steam-shijis subject to all the jirovisions of Part I If of the Merchant

Shijiping Act, 1891.

Class

302   Act No. 32, 18!)!).

Na vigation ( A mcndmen t').

C/i/NS 2—l'oi'eiL!n-jfoin2: .'itoa:n-.':lii[).'! luiviiii; ecrtifioatcs uiiiloi' tlie Mcreli:iiit

(ShipiniiLC 'IloI, 183-1, or ImviML; ]ias.5eny;cr certliicate-i issued uuder any Statute of a British Possession, and aeee[ited and recognised under the Xavigation .Vets. 1871-

1S!10.

Glass 3—Steam-ships liaving passenger certitleate.s under the Xavigation Acts, 1871-18!)(j, authorising them to carry passcnger.s anywliere within the Intereoloiiial limits.

Class 1—Foreign-going steam-shi|is not eertilied to carry passengers.

D ivision (B).

Class 1—Emigrant sailing-ships subject to all the provisions of Part H I of the Merchant

Shipping .Vet, 1891.

Class 2—I'direign-going sailing-ships carrying passengers, but not subject to all the

provisions ot Part HI (d' the Merchant Shipping Act, 1891.

Glass ;3—Foreign-going sailing-ships not carrying passengers.

Class 4—Coast-trade sailing-shijis carrying jiassengc rs.

D ivision (C).

Glass 1—Steam-ships not certified to carry passengers plying anywhere within Inter­

colonial limits.

Glass 2—Sailing-ships in thc same trades not carrying passengers.

D ivision (D).

Class 1—Coast-trade steam-ships having passenger certificates authorising them to carry

passengers on short specified pass.ages along the coast of Xew South Wales.

Class 2—Steam-ships carrying passengers in estuaries or mouths of rivers, or on short

excursions or pleasure 1ri[)s to sea.

Glass 3— Coast-trade steam-.ships not certified to carry passengers.

Glass 1—Coast-trade sailing-ships not carrring passengers.

Class 5—Steam fish-carriers, tug-boats, and steam-lighters whieh j'lroeeed to sea.

Class G—Steam-launches proceeding for short distances to sea.

D ivision (E).

Class 1—Sleam-sliijis carrying passengers on rivers, lakes, or land-locked inland waters,

but not going to sea or into rough waters.

Glass 2—Tug-hoats and steam-lighters which do not proceed to sea.

Class'4—Hulks, dredgers, steam-hoppers, Ac., which proceed to sea or which do not

proceed to siai.

1) n is ION (A ) — Class 1.

llules I'or ('migrant stcain-sliips subject to all the provisions of Fart H I of tlio

-Merchant Shiiiping Act, 1891.

(a) Sliips (if Divisi„ii ( A). Class 1 shall carry boats placed under davits, fit and

read}' for use, and having proper appliances for getting them into the water, in luimlicr and cajiacitv as preseriLicJ hy the table in the appendix to these rules; such boats shall bo e(]ui[)pod in the manner re(]uired by nnd shall be of the description defined ill thc general rules appended hereto.

(It) Masters or owners of slops of this class claiming to cany fewer boats under davits than arc given in the fable must declare before the collector or other oillcers of Customs, at the time of clearanco, that the boats actually placed under davits are siilll- cieut to accommodate all jiersons on board, allowing 10 (.ten) cubic feet of boat capacity for e.ich adult [lerson or '' statute adult.”

(0

Act No. :32, 189!).	303
Namgation [Ameudmenl),

(o) Xot: less Ukui luilf tlic muiibci' ol' |il;u'c(l uiidei’ ibivits, liiii imj; at least

lialf tbo cubic capacit)'required by the tables, sliall be boats of section (e) or scelioii (//). The reiiiaiiiing boats inav also bo of siieli deseription, or may, in tlio option of the sliipowiier, conform to section (c) or section (d), provided that not more than two boats shall be of section (il).

(d) If the boats placed under davit - in accordance witli the table do not furnisli siillicient accommodation for all persons on board, I hen additional wood, metal, collapsible or other boats of ajiprovcd description (whether placed under davits or otlierwise), or approved life-rafts shall bo carried. One of those, boats may bo a slcam-launeb, but iu that case thc space occupied bv the engines and boilers is not to be included in the estimated cubic capacitv of the boat.

Subject to the provisions coutaiued In paragraph (_/') of these rules, such additional boats or rafts sliall bo of at least such carrying capacity that they and thc boats required to be placed under davits by the tabic provide togidher iu the aggregate in vessels of 5,000 tons gross and upwards three-fourths and in vessels of less than 5,000 tons gi'o.ss one-half mure than the minimum cubic contents required by column 11 of that table. ]''or this purpose 0 cubic feet of air case in the life-raft is to be estimated as 10 cubic feet of internal eap/acity: Provided always that; the rafts will accommodate all the persons for wbleb tliey ace to be certified under tlie rules, and also liave d cubic feet of air case for cacli person.

.Ml such additional boats or rafts shall bo jilaced as conveniently for being available as the sbi])’s arrangements admit of, having regard lo the avoidance of undue encumbrance of the sliip’s deck, and to tlic safety of tbo .ship for her voyage.

(c) In addition to the life-saving appliances before-mentioned, ships of this class

•shall carry not less than one approved life-buoy for every boat placed under davits They shall also carry approved life-belts or other similar approved articles of oijual buoyancy suitable for being worn on the ’person, so that there may bo at least one for each jicrsou on board tbo ship.

( /') Provided nevcri boiess that no slop of I bis class shall be rc(|uirc(l to cany

more boats or rafts tliaii will fiiriiisb sulllciciit accomimxlation for ail ])ci’sims on board.

Ml visiu-N (A) - Class 2.

Kules for foreigu-going steam-ships having passenger certificates uiidm’ the Merchant

Shipping Act, or having passenger corlilieatcs issued umliw any siatuto of a

Kritish jmssession, and accepted and recognized uuder the (Navigation Acts,

1871-1890. ‘

Ships of this Class sliall be subject to the same requirements as those in Mivision

( ,\) , Class 1.

Mnism.x (A) Class',).

liules lor steam-ships lia\ ing passenger ccrlilicaics under 1 lie IS'avigation Acis, 1S7 L-1 sStO,

authorising lliciii to carry [lassongcrs anywlici'c within intercolonial limits.

(e) Sliips of this class sliall eaiTi' boats placed under davits lii accordance with

the table.

(i) (Masters or owners of ships of tiiis (dass (daiming lo cariw fewer boats under davits than are given in the table must declare before the collector or other oHicer of customs that the boats actually placed under davits arc sutiicient to accommodate all persons on board, allowing 10 (ten) cubic feet of boat capacity for each adult persoit or “ statute adult.”

(c) Not less tliaii half the number of boats jilaced tmdor davits shall bo boats of soctiou («) or section {b). I'bo remaining boats may also be of stieh deserijition. or may, in the option of tlio sliipowuer, coiiforiii to section (c) or section (d), provided that not more than two boats shall be of section (i/j

(<0

304   Act Ko. 32, 18!)!).

Navigation {Amcndmenl).

(d) If tlic boats Jilaced under davits in accordance with this rei|ulrcmcut do not

furnish sufllcient accommodation for all persons on board, then additional wood, metal, collapsible, or other boats of approved description (whether placed under davits or otherwise), or approved life-raft.s, or other approved buoj'ant deck seats, or other approved buoyant deck fittings shall be carried of at lea.st such cubical capacity that they and the boats required to be placed under davits by the table provide together in the aggregate one-half more than the minimum cubic content.? provided by column 3 of that table. J''or this purpose 3 cubic feet of air case in the life-raft is to be estimated as 10 cubic leet of internal capacity : Provided always that the rafts will accommodate all thc persons for which they are to bo certified under the rules, and also have 3 cubic feet of air case for each person.

(c) >Ships of this class shall carry not less than si.v njiproved life-buoys.

(,/') They shall also c.irry, in adlition to the boats and appliances rc(|uirecl above,

approved life-belts or other similar approved articles of equal buoyancy suitable for being worn on thc person, so that there may bo at least one for each j)crson on board the ship.

(ff) Provided nevertheless that no ship of this class shall be retiiurcd to carrv more boats, rafts, and other buoyant deck fittings than will furnish sutiicient accom­ modation for all persons on board.

D ivision (A )—Ch/ss i.

llules for foreign-going steam-shi])s not certified to carry jiassengers.

((/) Ships of this class shall carry, on each sid(‘, at h-ast so many and smdi boats (d wood or metal placed under ilavits, of which one on one side shall be a boat of section (ii) or section (/>), and on the other side .shall be a boa.t of section (a) or section {//) (•r section (c), that the boats on each side of the ship shall be sulllcietit to accommodate all persons on board.

(i) They shall carry approved life-belts, so that tlu-re may be one for each jiersoti

ciirricd on board the ship.

(c) They shall carry not less than si.\ approved life buoys.

In thc case of small steam-ships a discretion may be exercised by the Sujieriti-

tcmletit to modify thc re(|uireinents as to boats.

Dtvt.siox (B) — Chisf! 1.

Pules for emigrant sailing-ship.s, subjccl to all thc jirovisions of Part III of the

iMerchant Shipping Act, 1801.

(ii) Ships of Division (B), Class 1, shall carry boats in accordance with the table, and such boats shall be as far as practicable jilaced under davits, with jirojicr ajiplianccs for getting them into the water. All boats not jilaced under davits are to be so carried that they can be readily got into the water.

(h) Xot less than half the number of boats jilaced under davits having at least half thc cubic capacity reipiirod by thc tables shall be boats of section (e) or section (/i). The remttining boats may also be of such description, or may, in the ojition of the shijHiwner, conform to section (c) or section (o'), provided that not more than two boats sliall be of section (</).

(c) If the boats placed under davits in accordance with the table do not furnish siillicient accommodation for all jicrsons on board, then additional wood, metal, collapsible, or other boats of ajiprovcd descrijition (whether jilaced under davits or otherwise), or ajiprovcd life-raft.s shall be carried. One of these boats mav be a stcarn-laiincb ; but in that ease the sjiace occujiied hv the engines and boilers is not to be included in the estimated cubic cajiacity of the boat.

Subject to the provisions contained in jiaragrajih (c) of these rules, .siicli additional boats or rafts shall be of at least such carrying cajiacily tliat they and the boats required to bo Jilaced uuder davits by the table provide togetlier in the aggregate Ilirce-fonrths more than the minimum cubic contents required hv colmmi 3 of that table. T'or this purpose 3 cubic feet of air case in the life-raft is to he estimated ns 10 cubic feet of

internal

Act No. 32, 1890.	305
NavigaHon {Amendment).

inlernal capacity : Provided always tliat the rafts will accommodate all the persons fur which they are to be certified under thc rules, and also have 3 cubic feet of air case for each person.

All such additional boats or rafts shall be placed as conveniently for being avail­ able as the shiji’s arrangements admit of, having regard to the avoidance of undue encumbrance of the ship’s deck, and to the safety of the ship for her voyage.

{(1) Jn addition to thc life-saving appliances before-mentioned, ships of this class shall carry not less than one approved life-buoy for every boat required by thc rules to he placed under davits, 'J'hey shall also carry approved life-belts or other similar approved articles of e(jual buoyancy suitable for being worn on the person, so that there may be at least one for each person on lioard the ship.

(c) Provided nevertheless that no shij) of this class shall be required to carry

more boats or rafts than will furnish siillicient accommodation for all j)ersons on board.

D ivision' (B )— Class 2.

Buies for foreign-going sailing-shijis carrying passengers, but not subject to all thc

Jirovisions of Part i l l of the Merchants Shipping Act, 1891-.

Shi|)s of this (dass shall bo subject to the same requirements as those in Division

(B), Class 1.

D i vi si on (B )— Class 3.

Buies for foreign-going sailing-shijis not carrying j)assengers.

(u) iShijis of this class shall carry a boat or boats of sections (a) or (h) sutiicient for all the jiersoiis on board, and in addition thereto one good serviceable boat of section ((/). Such boats shall as far as jiracticable, having due regard to their safety at sea, bo

Jilaced under davits, with proper appliances for getting them quickly into the water.

All boats not jilaced under davits are to be so carried that thev can readily be got into the water to the satisfaction of an ollicer of thc Department of Navigation.

(/;) 'fhey shall carry ajijiroved life-belts as required for shijis in .Division (b),

Class 1, and also one life-buoy for each boat of wood or metal.

In the case of small vessels a discretion may bo exercised by the Superintendent

to modify the boat requirements.

D ivision (B)— Class i.

Coast trade sailing-shijis carrying passengers.

(a) Bhijis of this class shall carry a boat or boats of sections (a) and ( i) or (c) siillicient for all the persons on board. Such boats shall bo as far as jiracticable under davits ; all boats not placed under davit.s are to be so carried that they can readily be got into thc water to the satisfaction of the Marine Board officer.

(b) They shall carry four life-buoys and a life-belt or other similar approved

article for each person on board.

D i vi si on (C) — Glass 1.

Bnles for steam-shijis not corlilicdto carry jiassengers plying anywhere within inter­

colonial limits.

(a) Shijis of this idass shall carry on eaidi side at least so many and such boats (d’ wood or metal jilaced under davits, of which one on each side shall bo a boat of section (c), or of section (b), or of section (c), that the boats on each side of the shiji shall be sufficient to accommodate all jiersons on board. They shall have jirojier ajijiliances ibr gelling the boats into the water.

(b) Thev shall also carry ajijiroved life-belts, so that there may bo at least one for

each jiorson carried on board the shiji.

(c) 'fhey shall also carry not less than four ajijiroved life-buoys

U D ivision

306   Act Xo. 32, 1899.

Navigation {Amendment').

D ivisiox (C)— OIass2.

Eules for tiiiiliiig-xhips iu tlie ;samo trades not earryiiig passengers.

(a) Ships of this class shall carry a boat or boats of wood or uudal at least

sufficient for all persons on board, and in such a ])osition as to be readily got into tlic water. Each boat shall be provided with one gallon of vegetable or aiiiiuul oil, and a vessel of an approved pattern for distributing it in the water in rough weather.

(U) Ships of this class shall also carry an approved life-belt for each person on

board. '

(c) They shall also carry at least t wo approved life-buoys.

D i v i s i o n ( D ) — Class 1.

liules for coast trade steam-ships having passenger certificates authorising them to carry

passengers on short specified passages along the coast of New South Wales.

(а) Ships of this class shall, according to their tonnage, carry boats placed

under davits as required by the table.

{b) Masters or owners of ships of this class claiming to carry fewer boats under davits than are given in the table must declare before the collector or other officer of customs that the boats actually placed under davits are sufficient to accommodate all ])ersous on board, allowing 10 (ten) cubic feet of boat capacity for each adult ])erson or “ statute adult.” Not less than half the number of boats placed under davits liaving at least half the cubic capacity required by the tables shall be of boats section (a) or section (h). The remaining boats may also be of such description, or may, in the option of the shipowners, conform to section (c) or section {d), provided (hat not more than two boats shall be of section (d).

(c) I f the boats placed under ilavits in accordance with the above re([uirements do not furnish sufficient accommodation for all persons on board, then additional wood, metal, collapsible, or other boats of approved description (whether placed under davits or otherwise), or approved life-rafts, or approved buoyant deck seats, or other apjiroved buoyant deck fittings shall be carried of at least such cubical capacity that they and the boats required to be placed under davits by the table provide together in thc aggregate one-half more than the minimum cubic contents provided by column three of the table. Eor this purpose 3 cubic feet of air case in thc life-raft is to bn estimated as 10 cubic feet of internal capacity; provided always that the rafts will accommodate the persons for which they are certified under thc rules, and also have 3 cubic feet of air case for each person.

((f) Ships of this class shall also cany ajiproved life-bells or other similar approved articles of equal buoyancy suitable for being worn on the person, so that there may be at least one for each person on board the ship.

(e) At least one approved life-buoy shall also be provided for each boat of wood

or metal carried by the ship, but in no case shall less than six apjiroved life-buoys bo

provided.

( y ) Provided nevertheless that no ship of this class shall bo required to carry more boats, rafts, and other buoyant deck fittings than will furnish sulficient accommo­ dation for all persons on board.

D iv i s i o n ( D ) — Glass 2.

Steam-ships carrying passengers in estuaries, or mouths of rivers, or on short excursions,

or pleasure trips to sea.

(n) Ships of this class shall carry at least two boats of section (a') or section (/;) or section (c) plact'd under ilavits, and with ])roper appliances for getting them into the water.

(б) Thev' shall also carry other lioats, a])proved buoyant a]iparatus, and (or)

approved life-belts sufficient ("with the boats required by paragraph («) ) to kcoj) atloat

all the persons on board the ship.

(c) At least four approved life-buoys shall be carried. D ivision

Act Ao. 32, 18D9.	807
Naci(jatlo)i, {Amendment).

Divjsioi.' (D ) — Olass 3.

Coast-trado steam-ships not certified to carry passengers.

(a) Ships of this class sliall carry one boat of sections («), {!>), or (c), so litUal that it can be readily put out on either side of the ship, and amply sulliciciit to carry all thc Jiersons on board.

{h) They shall carry Iwo apjiroved life-buoys.

(c) They shall carry life-belts so that there may be one for each person on board

I ho shiji.

D itisiox (D )— Class 4.

Coast-trade sailing-ships not carrying passengers.

(n) Ships of this class shall carry one boat so fitted that it can be readily put out

on cither side of the ship, and amjily sulficient to carry all the persons oii hoard.

(A) They shall carry tivo a|)proved life-buoys.

(c) They sliall carry life-belts so that there may he one for each person on hoard

ilic ship.

Drvisrojr (D) — Class 5.

Steam lish-carriers, tug-hoats, and, steaiu-ligliters whicli proceed to sea.

(ci) Ships of this class shall carry one boat of sections {a), (ti), or (c), so fitted

tliat it can bo readily ̂put out on either side of tlic shiji, and amply suilicient to carry

all the Jiersons on hoard,

(h) 'I’liey sliall carry two apjiroved life-buoys.

(c) They shall carry life-belts, so thattlierc may be one for each person on board

I ho ship.

D ivision (D )— Class 6.

Steam-lauuehes proceeding for short distances to sea.

(a) Steam-launches are themselves liUle more than boats, and therefore shall

not bo roijuircd to carry boats.

(b) They shall carry two apjiroved life-buoys.

(c) They shall carry lifc-lielts, so that there may bo one for eacli jierson on

board .

IfiTrsioN (E) —C/rtss 1.

Jtules for steam-ships carrying jiassengers on rivers, lakes, nr land-locked inland waters,

but not going to sea, or into rough waters.

(a) Shijis of this class shall carry one boat in sncli a jiosition that it can readily be got into the water. They shall also carry approved buoyant aji|iaratns or ajijiroved life-bolts and aj îproved life-buoys at least sufficient, together with the boat, to keep alloat all persons carried on board.

(Jj') At least four approved lite-liunys shall be carried.

Note.—A discretion mav lie exercised by the Sujierintendcnt to relieve stoam-

launchcs, steamers jilying iu narrow waters, and ferry boats from the operation of the

whole or part of rule (ii) of this class.

D ivision ( E )— Class 2 .

Tug-boats and steam-lighters which do not proceed lo sea.

(ff) These vessels shall carry one boat of any section sufficient to carry all the

persons on board.

(V) Tliey shall carry two approved life-buovs.

(c) They shall carry apjii'ovcd life-bolts, so tliat there may be one for each person

on board.

Divisrox (E)— Class 3.

Hulks, dredgers, stcam-hopjiers, &c.

If these vessels do not proceed to sea from one port to another they shall carry

the same boats and apjilianees as provided for in class 2.

If

308   Act No. 32, 1890.

Navigation {Amendment).

If they proceed to sea from one port to another tliey shall carry in addition one boat of sections («), (]i), or (c) sufficient to carry all the persons on board, and with proper appliances to enable it to be put out readily on either side of the ship.

G e x eh .il K e l e s .

1. Boats.—All boats shall be constructed and properly C(piippcd as provldeil hv tlicse rules, and all boats and other life-saving appliances are to bo l;ept reaily for use to the satisfaction of thc Superintendent. Inlernal buoyancy apparatus may be constructed of wood, or of copper or yellow metal of not less than eighteen ounces to thc superficial foot, or of other durable material.

Section (rr).—A boat of this section shall be a life-boat of whaleboat form, properly constructed of wood or metal, having for every ten cubic feet of her capacitvg computed as in rule 2, at least one ciiltic foot of strong and service­ able inclosed air-tigbt compartments, so constructed that water cannot find its way into tbem. In the case of metal boats an addition will have, to be made to the cubic capacity of the air-tight compartments, so as to give them buoyancy equal to that of the wooden boat.

Section ( i) .—A boat of this section shall bo a life-boat of whaleboat form, properly constructed of wood or metal, having inside and outside buoyancy appai-atus, together equal in efficiency to the buoyancy apparatus provided for a boat of section (ir). At least one-half of the buoyancy api>aratus must bo attached to the outside of the boat.

Bcction (c).—A boat of this section shall be a life-boat ])roperlv construcled of wood or metal, having some buoyancy apparatus attached to the inside and (or) outside of the boat equal in efficiency to one-half of thc buoyancy apparatus provided for a boat of section (n) or section (/;). At least one-half of thc buoyancy a])paratns must be attached to the outside of thc boat.

Section ((/).—A boat of this section shall be a ])roperly constructed boat of vvood

or metal.

Section (e).—A boat of this section shall be a boat of approved construction, form,

and material, and may be collapsible.

2. Cubic capacity.—The cubic capacity of a boat sh.all be deemed to be her cubic capacity, ascertained (as in measuring ships for tonnage caijacity) by Stirling's rule ; but as the ap])lication of that rule entails much labour, the following simple ])lan, which is appro.ximately accurate, may be adopted for general purposes, and when no (juestion requiring absolute correct adjustment is raised: —

Measure the length and breadth outside and the depth inside. Alultiply them together and by •(! ; the product is thc capacity of the boat in cubic feet. Thus a boat twenty-eight feet long, eight feet si.\ inches broad, and three feet six inches deej) will be regarded as having a capacity of 28 x 8'5 x 3 5 x 'G = lOO'S, or five hundred cubic feet. If the oars are pulled in rowlocks, the bottom of thc rowlock is to be considered thc gunwale of the boat for ascertaining her depth.

:i. Number of persons for boats.—The number of persons a boat of section («) shall be deemed fit to carry shall be the number of cubic feet ascertained as in rule 2, divided by 10.

Thc number of persons a boat of sections ( i) , (c), (il), or (c) shall be ileemcd fit to carry shall b(! the number of cubic feet ascertained as in rule (2), divided b}̂ 8. Thc space in thc boat shall be sufficient for the seating of the persons carried in it, and for thc proper use of thc oars.

■1. A]ipliances for lowering boats.—Ap])lianccs for getting a boat into thc tvalermust fulfil the following conditions : Aleans are to be ])rovided I'or speedily, but not necessarily, simultaneously, or automatically, detaching the boats from tbe lower blocks of the davit tackles ; the boats ])laced under davits are to be attached to the davit tackkvs and kej)t readv for service ; the ilavits are to be strong cnongh and so s îaccd that the boats can

" ' be

Act No. 32, 18!)9.	309
Navigation {Amendment).

be swung out with fucilUy ; tbo points of attachment of the boats to tbe davits are io be sufficiently away from tlie ends of the boats to ensure their being easily swung clear of the davit.s; the boats’ chochs arc to be such as can be expeditiously removed ; the davits, falls, blocks, eye-bolts, rings, and the whole of the tackling are to bo of sutiicient strength ; the boat.s’ falls arc to be long enougii to lower the boat into the water with safety when the vessel is light ; the life-lines shall be lltted to the davits and bo long enough to reach the water when the vessel is light ; and hooks are not to be attached to the lower tackle blocks.

5, ]ii|ni])iuents for collapsible or other boats and for life-rafts.—In order to

be |)ro])crIy C(|ulpped each boat shall bo provided as follows : —

(«) With the full single-banked complement of oars and two spare oars.

{h) AVdtli two plugs for each plug-hole, attached with lanjuirds or chains, and one

set and a half of thole jiins or crutches, attached to the boat bv sound lanvards.

(c) AVith a sea anchor, a baler, a rudder, and a t iller, or yoke and yoke Hues, a painter

. of sutiicient length, and a boat-hook. The rudder and baler to be attached to the boat by sufficiently long lanyards, and kept ready for use. I u boats where there maybe a difficulty iu tittiug a rudder a steering oar ina}-bo proybh'd instead.

{(1) A vessel to b(; ke])f filled with fresh water shall be provided for e.u-h boat.

(c) Ijife-rafts shall be fully provided with a suitable approved ci|uipment.

0. Additional equipments for boats of section fc) and .‘■ectiou {h) .—In oiahu- to ho properly equipped, each boat of sections (a) and {/j), in addition to being piatvided with all the requisites laid down in rule (5), shall bo C(]uipped as follows, but not more than four boats in any one ship rc(iuire to have this outfit, and where boats of sections (/i') or (b) are carried in lieu of boats of sections (e) or (rfj, this additional outfit need not bo itisisted on : —

(.-r) With two hatchets or tomahawks, one to be kept in each end of the boat, and

to b(' attached to thc boat by a lanyard.

(b) W^ith a mast or masts, and with at least one good sail, and proper gear for eaidi.

(c) With a line becketed round the outsuh' of the boat and securely made fast.

((/) AVith an efficient compass.

(c) AVitb one gallon of vegetable or animal oil. and a \cssel of an approved palteni, for distributing it in the water in rough weather.

( /') With a lantern trimmed, with oil in its receiver sufficient to burn eight hours.

7. Xundjor of ])crsons for life-rtifts.—The number of persons tlnit any approvcil

life-raft for use :it sea shall be deemed to be capable of carrying shall be determined

with reference to each separate ptittern ap])rovcd by the Superintendent; provided til ways,

that for every jierson so carried tlu're shall be at least three cubic feet of strong and

serviceable iiiclo.scd air-tight compartments, constructed so that water cannot find its

way into them. Any approved life-raft of other construction may be used, provided

that it ha.? e(|uivalent buoyancy to that hereinbefore described. Every such approved

life-raft shall bo marked in sindi a way as to plainlv indicate the number of adult

p(>rsons it can carry.

S. Jhioyant apparatus.- .Approved buoyant apparatus shall be <h‘omed .sufficient, so far as buoyancy is concerned, for a number of persons, to be ascertained by dividing the number of pounds of iron which it i.s capable of supporting in fresh water by thirty- two. Such buoyant apparatus shall not require to be inflated before use, shall be of approved construction, and marked in such a wav as plainly to indicate the number of persons for whom it is sufficient.

9. Life belts.—An approved life-belt shall mean a belt which does not recpiire lo bo inflated before use, and which is capable at h.'ast of floating in the water for tw'enty- four hours wdth fifteen pounds of iron suspended from it. Life-belts are to be cut out iwo inches under the armpits and litted so as to remain sccurelyin their ])lace wl.en put on.

10. Life-buoys.—An approved life-buoy shall mean either—

(n) a life-buoy built of solid cork, capable of floating iu the water for at least twenty-four hours with thirtv-two pounds of iron suspended from i t ; or

■ ■ (i)

310   Act No. 32, 1899.

Nacigation [Amendment).

(h) a sli’ong life-buo3- of any ot'ner approved pattern or material, provided that it is capable of floating in Ihc water for at least twenty-four hours with thirty- two jiounds of iron suspended from it, and provided also that it is not stuil'ed with rushes, cork shavings, or other shavings, or loose granulated cork, or other loose material, and does not require inflation before use.

All life-buoys shall be fitted with beckots seL'urely seized, and not less than two

of them shall be fitted with life-lines fifteen fathoms in length.

II. Position of life-buoys and life-belts.—All life-buoys and life-belts sliall be so placed as to be readily accessible to all jiersons on board, and so that their Jiosition may be known to those for whom they are intended.

III. AV^ater-tight comjiartinents,—AVlieii ships of any class arc divided into efficient water-tight comjiartinents to the satisfaction of the Snjierintcndent, they shall only be required to carry additional boats, rafts, and buoyant ajiparalus of one-lialf of the capacity required by these rules, but the exemption shall not extend to life-jackets or similar ajijiroved articles of equal buoyancy suitable to be worn on the person.

13. The ventilation of harbour passenger steamers shall at all times be erficient

and to the .satisfaction of tlie superintendent.

A l ’l ’E M H X .

Tun Table referred to in the foregoing rules, showing the miniinum number of boats to

he placed under davits and their miniinum cubic contents.

Miniii'iiin	Total m inim um	M iniinum	'	Total m inim um
numltyr <.'f	cubic content-	num ber of ;	cubic conletits

I'Oats to I of boats ' boat.s to I of boats

Cross toiinajTc'. Gross tonnaj_'c.

be jilaeetl	I	to be placed	be placed I	to be plaee<l
uiuKr	under da\ its.	under	under davits.

davit.s. I L. X B. X D. X G.j ; davits. L. X B. X D. X ’C.

1. 1 2_ 3. 3

1

10,000 and npAvards . . . . Hi 1 r>,50() 3.500 ami imder 3,750 2,000

9,000 and upwards ....... 14 .4,250 3.250 and under 3,500 2.500

8,500 and under 9,000 ...	14	5,100	3.000 and under 3,250	2,400
8,000 and under S.50G ...	14	5,000	2.750 and under 3,000	2,100
7,750 and under 8,000 ..	1-2	4 ,TOO	2.500 and under 2,750	2,050
7,500 and under 7,750 ...	12	4.600	2.250 and under 2,500	2,000
7,250 and under 7,500 ...	12	4,.500	2,0<»0 and under 2,250	1,000

7,000 and under 7,250 ...	12	■	4,400	1.750 ainl under 2,000	1,800
6,750 and uuder 7,000 ...	12	4,.100	1.500 and under 1,750	1,700
6,500 and under (>,750 ...	12	4,200	1.250 ami under 1,500	1.500
6,250 and under 6,500 ..	12	4.100	1.000 and under 1,250	1,200
6,000 and under (>,250 ...	12	4,000	900 and under 1,000	1,000

5,750 and under (J,000 ... 10 :l,700 SOO and under 900 900

5,5(X) and under 5,750 ...	10	M.6O0	700 and under SOO	SOO
5,250 and under 5,500 ...	10	:i,5o0	600 and under 700	700

5,000 and under 5,250 ... 10 ;i,4oo 500 and under 600 000

4,750 and under 5,(i00 ...	10	;i,300	400 and under 500	4(H)
4,500 and under 4,750 ...	S	2,900	300 and under 400	350
4,250 and under 4,500 ...	8	2,‘100	200 and under 300	300
4,000 and under 4,250 ...	8	2,800	100 and under 200	250
3,750 and under 4,000 ..	8	2,700

N o t e . — Where in ships already littetl tlie retjuired cubic contents of lioats placed imder davits

is ])rovided, although by a smaller number of boats than the minimum required by this table, such

ship.s shall be regarded as coinjilying witli the rules as lo boats to be carried under davits.

In the case of vessels under two hundred tons gross tonnage tbo capacity of any boat to bo supplied should not he less than one hundred and twenty-five cubic feet. If, however, in any case this rule he found to lie impracticable, a discretion may then be exercised by thc Superintendent.

In cases where a small vessel is unable to carry more than one boat, a discretion may he exercised hy thc Superintendent, hut wdiencver one boat only is carried there must be jvroper jvrovisiou to enable it to be placed readily in the water on either side of the shij).

~ ...... SCHEDULE

Act No. 33, 1891). 311

JBellinger River Harbour Works.

SCHEDULE THEEE.

Kcrcronoe to Acts. Title or short title. Extent of repeal.

35 Vie. No. 7 .. Navigation .Act of 1871 ... ... Sections 5 to 17 inclusive, and sections 87 to 93 inclusive.

8fi Vie. No. 30 .. Navigation Act Amendment Act of Section 1.

1873.

43 Vie. No. 13 .. Navigation Act Eurllioi’ .Amendment Section 1.

Act of 1870.

45 Vie. No. () .. Navigation Law Amendment Act of Subsection G of section 2.

1881.  Subsection 4 of section (t, sections 12, 13, 11, 15, and IG, and subsections 5, G, and 7 of section 21.

GO Vic. No. 3(i .. Navigation Aets Amendment Act, Section 2.