Navigation (Amendment) Act 1949 (NSW)

NAVIGATION (AMENDMENT) ACT.

Act No. 9, 1949,

An Act to amend the Navigation Act, 1901- ceoî e vi.;

1941, in certain respects; and for purposes connected therewith. [Assented to, 12th May, 1949.]

it enacted by the King's iMost Excellent Majesty, f j by and with the a.tlvice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows ;—

1 . (1) This Act may be cited as the Navigation short tiUe,

(Amendment) Act, 1949.” dtatioo anj

' ' ̂ commence'

(2) The Navigation Act, 1901, as amended by subsequent Acts and by this Act, may be cited as the Navigation Act, 1901-1949.

(3) This Act shall commence upon a day to be appointed by the Governor and notified hy proclamation published in the Gazette.

Navigation (Amendment) Act.

No. 9,19M.

2 . The Navigation Act, 1901-1941, is amended—

Amemlment

of Act No.

60,1901.

Sec. 42.

(Steamship (a) by inserting at the end of subsection one of

not to	section forty-two the following words “ If any
proceed on	steamship proceeds to sea or on any voyage or
her voyage
without cer­	excursion in contravention of this subsection,
tificate.)	the owner or master shall for every such offence incur the following penalties, namely,—the owner a penalty not exceeding one hundred pounds, and the master a penalty not exceeding twenty pounds” ;

Suhst. (b) by omitting section fifty-nine and by inserting

sec. 59.	in lieu thereof the following section:—
Pilotage	59. (1) There shall be paid upon every ship, not hereinafter in this Act exempted, on her arrival at and on her departure from any port within the jurisdiction where there is a pilot establishment, pilotage rates of such amount per ton as may be prescribed by the regulations.
rates.

̂ (2) The regulations may provide that such pilotage rates shall be calculated on the net register tonnage or on the gross register tonnage.

(3) The regulations may provide that

pilotage rates prescribed therein shall be applicable uniformly in respect of ports generally within the jurisdiction, or may provide that different pilotage rates prescribed therein shall be applicable in respect of different ports; and in relation to ports generally or to any

̂	particular port specified in the regulations, the regulations may provide that different rates
I	prescribed therein shall be applicable in respect of different ships, having regard to differences in the purposes for which ships visit or resort to or use or depart from the port, or differences
I	in the conditions or circumstances under which ships arrive at or use or depart from the port, or such other differences as may be prescribed.

( 4) ,

Navigation (Amendment) Act. 61

(4) The regulations may prescribe the No. 9,1949.

maximum amount and the minimum amount which shall bo payable by way of pilotage rates in respect of ships generally or may provide that different maximum and minimum amounts prescribed therein shall be payable by way of pilotage rates in respect of different ships.

(5) In this section “ regulations” means

regulations made under this Act.

(c) (i) by omitting from subsection one of section Sec.61.

sixty-one the words “ of four-pence per ton” (Harbour

and by inserting in lieu thereof the words

“ of such amount per ton as may be

prescribed by the regulations” ;

(ii)  hy omitting from subsection two of the same section the words “ to the Collector of Customs at such port” ;

(iii)  by omitting subsection four of the same section and by inserting in lieu thereof the following subsections

(4) The regulations may provide that the harbour and light rate under this section shall be calculated on the net register tonnage or on the gross register tonnage.

(5) The regulations may provide that harbour and light rates prescribed therein shall he applicable uniformly in respect of ports generally within the jurisdiction, or may provide that different harbour and light rates prescribed therein shall be applicable in respect of different ports; and in relation to ports generally or to any particular port specified in the regulations, the regulations may provide that different rates prescribed therein shall be applicable in respect of different ships, having regard to differences in the purposes for which ships visit or resort to or use or depart from the port, or differences in the conditions or

circumstances

m Navigation (Amendment) Act.

Ka. 9, 1949.	circumstances under which ships arrive at or use or depart from the port, or such other differences as may be prescribed.
(6) The regulations may prescribe the maximum amount and the minimum amount which shall be payable by way of half-yearly harbour and light rates in respect of ships generally or may provide that different maximum and minimum amounts prescribed therein shall be payable by way of harbour and light rates in respect of different ships.
(7) In this section “ regulations” means regulations made under this Act.

Subst. (d) by omitting section sixty-two and by inserting in

«ec. 62.	lieu thereof the following section:—■
To whom
rates, etc.,	62. All rates, dues and charges authorised by this Act shall be paid to the Board or to a person authorised by the Board to receive them, and where paid to a person so authorised shall be accounted for and paid to the Board.
ito be paid.
All rates and dues paid to the Board under this section shall be paid by it into the Treasury to the Consolidated Revenue Fund.

Sec. 64.	(e) (i) by omitting from subsection one of section
(Fees to

pilots	sixty-four the words “ the sum of ten
detained	shillings” and by inserting in lieu thereof
in ships
longer	the words “ the prescribed sum;”

than	(ii) by inserting after the word “ Act” in subsection two of the same section the words “ Any sum of money so received or recovered by the pilot shall be accounted for and paid by him to the Board, and by it paid into the Treasury to the Consolidated
twenty-four
ihours.)

V Revenue Fund.”

Sec. 65.	(f) (i) by omitting from section sixty-five the words
(Outward

bound	“ the sum of ten shillings” and by inserting
ship not	in lieu thereof the words “ the prescribed
requiring
pilot.)	sum; ’ ’

(ii)  by inserting at the end of the same section the following words

“ Any sum of money paid to the pilot in

pursuance of this section shall be accounted

for

Navigation (Amendment) Act.

for and paid by him to the Board and by Wo. 9.1949.

it paid into the Treasury to the Consolidated

Revenue Fund.”

(g) (i) by inserting after the word “ pilotage” in see.73.

paragraph (a) of section seventy-three the (Penalties words “ or an official copy of such orfraudu-*

certificate ’ ’; lently using

.. . p . r, . o r lending a

(ii)  by inserting after the word “certificate” in certificate

paragraph (d) of the same section tfie ^

words “ or an official copy of such

certificate” ;

( h ) (i) by inserting after the word “ service” in Sec.89.

paragraph (a) of section eighty-nine the (Penalties words “ or an official copy of such repr^mta-

certificate’	tiou,
forging,

(ii)  by inserting after the word “certificate” altering,

in paragraph (d) of the same section the

words “ or an official copy of such using,or	lending any;
certificate	certificate.))

( i )

(i)

by omitting from subsection three of section Bee. 145 (S)', one hundred and forty-five the words “ the (Harbour .

several fees and charges set forth in figures	̂
in the Ninth Schedule hereto” and by	"

inserting in lieu thereof the words “ such dues as are prescribed by regulations made under this Act” ;

(ii)

by inserting at the end of the same subsection the words “ The regulations prescribing dues payable under this subsection may provide that such dues shall be calculated on a sliding scale by reference to the tonnage of the ship;”

(j)

by omitting subsection four of section one Sec. 149 thereof the following subsection:—

(4) A licensed pilot removing any ship in Pilotage

pursuance of this section shall be entitled to receive such dues as are prescribed by regulations made under this Act and such dues

shall

64  Metropolitan Water, Sewerage, and Drainage

(Amendment) Act.

Ho. 9, 1949.	shall be accounted for and paid by him to the Board and by it paid into the Treasury to the Consolidated Revenue Fund.
The regulations prescribing dues payable under this subsection may provide that such dues shall be calculated on a sliding scale by reference to the tonnage of the ship.
Ninth

Schedule. (k) by omitting the Ninth Schedule.