Navigation (Amendment) Act 1941 (NSW)

NAVIGATION (AMENDMENT) ACT.

Act No. 27, 1941.

An Act to amend the Navigation Act, 1901-1935, in certain respects; and for purposes con- nected therewith. [Assented to, 10th April, 1941.]

by subsequent Acts.

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and conserit of the Legis-

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the "Navigation (Amendment) Act, 1941," and shall be read and con- strued with the Navigation Act, 1901-1935, as amended

(2) The Navigat ion Act, 1901-1935, as amended by

subsequent Acts , is in this Act re fer red to as the

Pr inc ipa l Act .

(3) The Pr inc ipa l Act, as amended by this Act, may

be cited as the Navigat ion Act, 1901-1941.
(4) This Act shall commence upon a day to be appo in ted by the Governor and notified by proclamat ion published in the Gazette.

1. The Pr inc ipa l Act is amended—

(a) by inserting next after section two the following

new sect ion:—

2A. This Act shall be read a n d construed so as not to exceed the legislative power of the S ta te to the intent tha t where any provision of this Act or the applicat ion thereof to any person or circumstance is held invalid the remainder of this Act and the applicat ion of such p ro ­ vision to other persons or circumstances shall not be affected.

(b)	by inserting in section three immediately before
the definition of the expression "qualif ied p i l o t "

the following definition:—

" p r e s c r i b e d " means prescr ibed by this

Act or by regulat ion made under th is Act or the Navigat ion Amendment (Regulat ions) Act, 1904.

(c) by inserting next after section four the following new section:—

4A . The provis ions of this Act re la t ing to ships us ing s team power for the purpose of naviga t ion and to s team naviga t ion shall apply, with such modifications (if any) as m a y be prescr ibed by

pelled by mechanical power and to the naviga­ regula t ions made under this Act, to ships p ro ­

t ion of such ships.

(d ) (i) by omit t ing from subsection one of section twenty-four the word " t w o " and by inser t ­ ing in lieu thereof the words " o n e or m o r e ' ' ;

(ii)   by omitting from the same subsection the word " a s s e s s o r s " where secondly occurr ing and by inse r t ing in lieu thereof the words

" a s s e s s o r or a s s e s s o r s " ;

(e)

(e) by omit t ing section th i r ty - th ree ;

(f)	by omitting from subsection one of section th i r ty-four the words " cons t ruc t ed or intended to c a r r y passengers shall du r ing the actual employment of such ship in t ha t c a p a c i t y " and
by inser t ing in lieu thereof the word " s h a l l " ;
(g)	by omitting subsection three of section thirty- six and by inser t ing in lieu thereof the follow­
ing subsect ion:—

(3) The Boa r d m a y inser t in the certificate for a sh ip—

(a)	the number of persons which the ship
m a y c a r r y ;
(b)	the number of persons which may be car r ied in any por t ion of the ship.

(h)	by omitting from subsection three of section
th i r ty-e ight the word " p a s s e n g e r s " and by
inser t ing in lieu thereof the word " p e r s o n s " ;

(i)   by omitting from section forty-two the words

" w i t h any passengers on b o a r d " wherever

occur r ing ;

(j)	by omit t ing section for ty- three and by inser t ing in lieu thereof the following new sect ion:—
43. (1) No ship shall ca r ry a g rea t e r number of persons than the number which the ship m a y c a r r y as specified in the certificate for the ship. (2) W h e r e the certificate for a ship speci­ fies a number of persons which m a y be ca r r ied in any por t ion of the ship, the ship shall not
c a r r y tha t so specified. a g r ea t e r number in t ha t por t ion than
(3) The m a s t e r or owner of any ship upon which, or in any por t ion of which persons a r e car r ied in contravent ion of subsection one or subsection two of th is section shall incur a pena l ty of not less t han five pounds and not more than fifty pounds .
(k) by omit t ing f rom subsection five of	section

eighty-one the words " P r o v i d e d tha t this enact­ ment shall not app ly to s team-launches, except

such

such as a re used for Lire, or for the car r iage

of goods, or for towage p u r p o s e s . "

(1) by inser t ing in section one hundred and th i r ty-

five af ter	p a r a g r a p h	(c) the following new	p a r a ­
graphs :—

(d)	for and with respect to the inspection and tes t ing of machinery and appliances for the loading and unloading of vessels ;
(e)	for and with respect to the prevention of the use of defective machinery or appli­ ances for the loading or unloading of vessels ;
(f)	for and with respect to the protection of the heal th and the securi ty from in jury of persons engaged in the loading or unloading of vessels and of persons engaged in the handl ing or s torage of cargo in or upon any wharf ;
(g)	for and with respect to the use of lights or fire in the holds of vesse ls ;
(h)	for and with respect to the safety of persons going on and coming from vessels, and the provision of means of escape from the holds of vessels while cargo is being loaded or un loaded;

(i)   for and with respect to the marking on packages or ar t icles of cargo of the weight thereof before the same a rc loaded on vessels.

(m) by omit t ing section one hundred and fifty and

by inser t ing in lieu thereof the	following
sect ion:—

150. (1) The B o a r d may, by notification pub­
lished in the Gazette, l imit the speed of vessels

within navigable wa te r s . Any such notification

m a y app ly t o —

(a) vessels general ly or to any par t i cu la r

class or classes of vessels or to vessels o ther t han vessels of a pa r t i cu la r class

or c lasses;

(b)

(b)	navigable waters generally or to any pa r t i cu la r por t ion or por t ions thereof or to navigable wa te r s other than a
pa r t i cu la r por t ion or por t ions .

(2) If any vessel to which any such noti­ fication applies shall exceed the speed specified there in the m a s t e r or owner of such vessel shall be guil ty of an offence and shall incur a penalty not exceeding fifty pounds .

(n) by inserting next after section one hundred and sixty-five the following new sect ion:—

165A. The Governor m a y make regulat ions prescr ib ing all m a t t e r s which by this Act a re requi red or pe rmi t t ed to be prescr ibed by regu­ lat ion or which a re necessary or convenient for ca r ry ing this Act into effect.

(o) by inserting next after section one hundred and seventy-two the following new section:—

173. (1) The Governor on the recommenda­ tion of the Boa rd may from time to t ime, by noti­ fication published in the Gazette, declare tha t , subject to such conditions, l imitat ions, and res t r ic t ions (if any) a s a r e expressed in the notification, the provis ions of th is Act, or such of them as a re ment ioned in the notification, shall not app ly to such vessels or classes of vessels as a re specified in the notification.

A notification under this subsection shall have effect according to i ts tenor .

(2) W h e r e unde r subsection one of th is
section the Governor has declared t h a t any p ro ­
vision of th is Act shall not app ly to any specified

vessels or class of vessels the Governor m a y by regula t ions make such fu r the r or other provi ­

sion for or in re la t ion to such vessels or class of vessels as he m a y deem necessary or con­ venient for ca r ry ing out the provis ions and objects of th is Act .

(3) Subsect ion two of this section shall
no t prejudice the genera l i ty of any provis ion of
th is or any o ther Act which confers power to

make regulat ions .

(4)

(4) In this section "vesse l" shall have the meaning ascribed to it in section one hundred and thirty-three of this Act.

(p) by omitting from section one the figures "172" and by inserting in lieu thereof the figures "173 . ' '