Pearl-shell and Beche-de-Mer Fishery Acts Amendment Act of 1913 (4 Geo v No. 12) (Qld)

]'1 S HERIES. 4 GF.O. V. K n. 12, 1913. Pearl-shell, 4'c., Amendment Act. 5901 FISHERIES. An Act to Amend "The Pearl-shell and Beche-de-Mer 4 Geo. V. No. 12. Fishery Acts, 1881 to 1898." THE PEARL·SHELL [ ASSENTED TO 29TH OCTOBER, 1913. ] AND BECHE. DE·MER :FrsRERY ACTS B E it enacted by the Kino tl "s Most Excellent Ma . i , esty , AACMTENODFM 19 E 1 N 3 T . by and with the advice and consent of the Legis- lative Oouncil and Legislative Assemhly of Queensland in Parliament assembled, and hy the authority of the same, as follows : - 1. 'l'his Act shall be read as one with " The Pearl- Short title shell and Beche-de-Mer Fishery Acts, 1881 to 189S,"* ~ ~ ~ struction and may be cited as "The Pearl-shell and Beche-de-Mer of Act. , Fishery Ads Amendment. Act of 1913." 2. In section fourteen of " The Pearl-shell and Beche- Amendment de-Me,. Fishery Act Ameniiment Act of lS91,"t the words~ N ! o 5 . ~ 2; , ) V , i s e . . 14. "twenty-five pounds" are repealed, and the words "five pounds" are inserted in lieu thereof. 3. In section sixteen of " The Pearl-shell and Beche- AI!1endment de-Mer Fi8hery Act A~ nendment Act of' 1891,"t aft~ r. the ~o~ ~~~ ~·16. words" under and subJect" the words" to the provISIons next hereinafter contained and" are inserted. 4. After section sixteen of the last-mentioned Act, the following section is inserted : - [16A.l (1.) Such lease, whether granted before or Effect of after the first day of .January, one thousand nine hundred lease. and fourteen, shall, subject to the said Regulations- (i.) Oonfer on the lessee the right to take, collect, and gather within the demised area (to the exclusion of all other persons) pearls, pearl- shell, beche-de-mer, sponges, and any other marine animal life 01' product of the sea; (ii.) Oonfer authority on the lessee to exclude persons from the demised area, and such authority shall be absolute unless by the terms of the lease it is made subject to any modification; * 4\) Vie. No. 2 and amending Acts, supra, pages 768 et seq. t 55 Vie. No. 29, supra, page 784. F

o90~ FISHERIES. Pearl-shell, g-c., A:mendment Act. 4 GEO. V. No. 12, (iii.) Enure for the benefit of and be binding on the lessee, his executors, administrators, and permitted assigns. . Application ;and .objection. (2.) Every application for such lease made after the first day of January, one thousand nine hundred and fourteen, shall be made to the Treasurer in the prescribed form, and notice thereof shall be published in the prescribed manner. Any person who, within the prescribed time, gives notice of objection to the rrreasurer shall be heard in opposition to any such application. Imprction. (3.) Any inspector and any person authorised in writing or by telegraph by the Treasurer may at any time enter upon and inspect any demised area; and any person who obstructs him in so doing shall be liable to a penalty not exceeding fifty pounds. :Forfeiture. (4.) Upon the non-payment of any rent reserved by such lease or upon the breach or non-observance by the lessee of any of the covenants, conditions, or provisions of such lease, or of the provisions of this Act or the Regula- tions, the Governor in Council may cancel the lease, and upon pUblication of notice of such cancellation in the Gazette such lease shall be absolutely void; production of the Gazette containing such notice shall be conclusive evidence in all courts of sufficient cause for the cancella- tion of such lease and that the same has been lawfully cancelled. Lessee may . (5.) The lessee may (subject as hereinafter provided) reemgpisltoeyred use and employ any ship in pearling within the demised ships. area without obtaining a ship license: . Provided that no person shall so use or employ any ship, or permit or cause any ship to be so used or employed, unless such ship has been previously registered in the prescribed manner after payment of a fee of five shillings, and is numbered and marked in all respects in accordance with the Regulations; and any person who contravenes this provision shall be liable to a penalty not exceeding five pounds.. .& Pofr c o . pheiabriltiinogn, to ta(k6.e), Ngoathpeerrs,oncoolltehcetr, tohra,nretmhoevleesspeeeasrhlsa,ll pbeeareln-sthitelelld, _ beche. ~ d. e- m~ r, sponges, or allY other marine animal life or or product of the'sea in f'romany demisedarea, or to use or employ or permit or cause to be used or employed a ship or boat (whether licensed or unlicensed) for that purpose.

FISHERHiS. ---------- ---------------- 1913. Pearl-shell, qo., Amendment Act. 5903 Any person who, without the permission of the lessee, takes, gathers, collects, or removes any pearls, pearl-shell, beche-de-mer, sponges, or any other marine life or product of the sea in or from the demised area, or mes or employs or permits or causes to be used or employed any ship or boat therein, shall be liable to a penalty not exceeding fifty pounds. (7.) All pearls, pearl-shell, beche-de-mer, sponges, and Theft of other marine animal life and products of the sea within peal'h, &1.1. any demised area shall be deemed capable of being stolen, and in any prosecution the property may be laid in the lessee. ffhe lessee shall be the owner of any such thing so stolen. (8.) Subject to this Act and the Regulations and to'l'reapass. any modification of absolute authority contained in the lease, no person shall, unless compelled by stress of weather or other unavoidable cause, the proof of which shall lie upon him, or except by the permission of the lessee- ((t) .Enter or remain within the demised area; or Cb) Cause, permit, or suffer any ship or boat to enter or remain therein; and any person ·who contravenes this provision shall be liable to a penalty not exceeding fifty pounds. 5. In section three of "The Pearl-shell and Beche· .!.mendment · de-Mer l!ishery Acts Amendment Act oj 1893,"* the words ~ o~ 77, V8~ c3. "one shIlling" are repealed, and the word "ninepcnce" is inserted in lieu thereof. The following provision is added to the first para- graph of the said section:- Moreover, the employer of every such seaman or other person so employed shall, atthe time when such wages are paid, pay to the officer in whose presence the same are paid in respect of each such seaman and other person a sum at the rate of ninepence for each month of the period for which payment of such wages is made. 6. In section_ three of " The Pearl-shell and Beche- Amendment de-mer Fishery Act AmendmentAot of 1896,"t the words ~ 6~ iie. 3 "of the kind scientifically known as Meleagrina margari- o. ,s.. tlfera and" are repealed. -.- ~-~ -" ~ ~ . ~ " . - ~ - . ~ - - - - ~ ~ .-- * 51 Vie. No. 7, supra,page 788. ---. -> - -- . ~- t 60 Vio. No. 32, ¥upra; !JItge 788.

5904 .FISHERIES. Pea,z-sltell, /jc., Amendment Act. 4 GIW V. No. 12, HH3. Certain 7. (1.) After the passing of this Act, it ~ hall he ~ ~ ~ ~ ~ : ted unlawful for any person who has not first obtained in the from holding prescribed manner a certificate of having passed the dicta- lleicaesness.es or tl • On test to hold any license in respect of any ship or boat employed in the fishery, or any lease under "The Pearl- shetl and Beahe-de-Me1' Fisher!! Aaill, 1881 to 1913."* Regulationil. (2.) The Governor in Council may from time to time make regulations for the examination and granting to persons certificates of having passed the dictation test, for the exemption from the operation of this section of any person or classes of persons whom for any reason it is not considered necessary to examine, for the relief from the operation of this section, wholly or jn part, of persons who are holders of licenses 01' leases at the passing of this Act, and for facilitating and' authenticating the observance of the provisions of "Th.e Pearl-shell and Beche-de-Mer+ lJ'ishery Acts, 1881 to 1913."· All such regulations shall, upon publication in the Gazette, have the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. All such regulations shall be laid before both Houses of Parliament within forty days after such publication if Parliampnt is then sitting, or, if not, then witbin fo'rty days after the commencement of the next session thereof. Interpreta- tion. - (3.) In this section, the expression "certificate of having passed the dictation test" means a certificate under the hand of a State officer, authorised for that purpose by the Treasurer, that, when the said officer has dictated to the person concerned not less than fifty words in such language as the Treasurer may direct, such person has correctly written them out in that language in the presence of the said officer. FRIENDLY SOCIETIES. • See SOCIETIES. GOVERNMENT LOAN. See LOANS. GREAT WESTERN RAILWAY. See RAILWAYS AND TRA.MWATS. GROWERS, SUGAR. Eee SUGA.R. 46 Vie; No. 2 and amending Acts, supra, page. 768 tit leg., and this Act.