Port Dues Revision Act Amendment Act of 1950 (14 Geo Vi No. 12) (Qld)

SHIPPING. 14 GEO. VI. No. 13, 1950. Port Dues Revision, Etc., Act. 239 SHIPPING. An Act to Amend "The Port Dues Revision Act of 14 N G o E . O 1 . 2 V . I. 1882" in certain particulars. THE PORT DUES REVISION ACT Al\1ENDMENT [ASSENTED TO 9TH NOVEMBER, 1950.] AOT OF 1950. B E it enacte~ by the Ki~ p: ' ~ Most Excellent Majes~ y, by and wIth the advIce and consent of the LegIs- lativ6 Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as " The Port Due8 Short title Revision :4-ct Amendment Act of 19~Ot and shall be read:~struction. as one wIth *" The Port Dues Remswn Act of 1882," as . previously amended. (2.) t" The Navigation Acts, 1876 to 1939," and this~ ollective Act may be collectively cited as " The Navigation Act8, tItle. 1876 to 1950." t(3.) Except as herein otherwise provided, this Act Commence- shall come into operation on a date to be fixed by the ~ : ~ t of Governor in Council by Proclamation published in the Gazette. 2. All that part of section three of *" The Port Dues Amendment Revision Act of 1882," as previously amended, : ~ ; ' i~ . of commencing with the words "Every vessel (not No. 12. hereinafter in this Act exempted) arriving from sea at" and ending with the words" Such pilotage rates upon any vessel on arrival or on departure respectively shall not be less than two pounds ten shillings and shall not exceed twenty pounds;" is repealed and the following words are inserted in lieu of that repealed part, namely:- "Each and every vessel (not hereinafter in this Act exempted) arriving from sea at or departing to sea from any port within this State where there is a pilotage establishment shall pay pilotage rates, calculated on the * 46 V. No. 12. t 41 V. No. 3and a.mending Acts. t Commenced on 13th January, 1951 (Proc. pubd. Gaz. 13th January, 1951, p. 76).

240 SHIPPING. Port Dtws Revision, Etc., Act. 14 GEO. VI. No. 13, net registered tonnage of the vessel, as prescribed for the time being in respect of that port by regulations made under this Act, but not exceeding the following maximum rates, namely :- (a) Vessels arrIvmg in ballast, and vessels departing in ballast or coal-laden only- three pence per ton or part of a ton on arrival, and three pence per ton or part of a ton on departure. (b) Vessels arriving solely for or on account of one or more of the following purposes or causes, namely-pleasure; calling for orders; effecting repairs; refitting or docking; obtaining provisions or coal to be used in the vessel on the voyage; through stress of weather or being otherwise in distress or to disembark a sick or injured passenger or a sick or injured member of the crew- three pence per. ton or part of a ton on arrival, and three pence per ton or part of a ton on departure, but if that vessel discharges any cargo or lands any passenger in the port, four pence halfpenny per ton or part of a ton on arrival, and if that vessel loads any cargo or takes on board any passenger in the port, four pence halfpenny per ton or part of a ton on departure. (c) Vessels arriving and vessels departing under circumstances other than those set forth in paragraphs (a) and (b) of this section- four pence halfpenny per ton or part of a ton on arrival, and four pence halfpenny per ton or part of a ton on departure: Provided that- (i.) Any such pilotage rate payable by any such vessel on arrival at or on departure from, respectively, any port within this State where there is a pilotage establishment shall not be less than five pounds and shall not exceed seventy-five. pounds or, in respect of a particular port, such sum less than seventy- five pounds as is prescribed for the time being by the regulations under this Act to be the maximum pilotage rate for that port;".

SHIPPING. 241 1950. Port Dues Revision, Etc., Act. 3 Section four of *" The Port Dues Revision Act of Amendments 1882,'" as previously amended, is further amended- ~~; T!. of No. 12. (i.) By repealing the first paragraph of subsection one of that section (being that part of the said subsection commencing with the words" Every vessel entering or departing from any port within the State" and ending with the words" Other vessels, sixpence per ton.") and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:- "Each and every vessel (not hereinafter in this Act exempted) arriving from sea at or departing to sea from any port within this State shall pay port rates, calculated on the net registered tonnage of the vessel, as prescribed for the time being by regulations made under this Act, but not exceeding the following maximum rates, namely :- (a) Interstate vessels or coasters, six pence per ton or part of a ton for the first five hundred tons and nine pence per ton or part of a ton for every ton or part of a ton beyond that measurement; (b) Other vessels, nine pence per ton or part of a ton." (ii.) By repealing all that part of subsection one of that section commencing with the words "the under- mentioned rate, that is to say :-" and ending with the words "Two pence" and by inserting, in lieu of that repealed part, the following words, namely :- " rates as prescribed for the time being by regulations made under this Act, but not exceeding the following maximum rates, that is to say:- For every ton or part of a ton of cargo Two shillings and six pence For every passenger Two shillings and six pence For every head of horses or cattle For every sheep, dog, or other animal Two shillings and six pence Three pence." (iii.) By repealing the words" ten pounds" where those words appear in the last paragraph (being the paragraph commencing with the words "But in no * 46 V. No. ---- 12. .. - - - . - - ~ - . ~ - . - - -- ~ -- - --

242 SHIPPING. Port Dues Revision, Etc., Act. 14 GEO. VI. No. 13, case"} of subsection one of the said section and by inserting, in lieu of those repealed words, the words " fifteen pounds ". (iv.) By inserting in paragraph (b) of subsection two of that section after the word "distress" the words " or to disembark a sick or injured passenger or a. sick or injured member of the crew". Amendment of s. 5 of 4. Section five of *" The Port Dues Revision Act of 46 Vie. 1882," as previously amended, is further amended by No. 12. repealing therein the words "six pence per ton" and by inserting, in lieu of those repealed words, the words "one shilling per ton or part of a ton". Inserticn of 5. The following section, numbered 12A, is inserted S 4 . 6 12 V A ic i . n alter section twelve of *" The Port Dues Revision Act of No. l:l. 1882," namely :- gegulations. "[12A.] (1.) The Governor in Council may from time to time make all such regulations providing for all or any purposes, whether general or to meet particular cases, as he deems necessary or convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, in particular but without limiting the generality of his power to make· any regulations, may make regulations prescribing all matters which by this Act are required or permitted to be prescribed, including the prescribing of pilotage rates in respect of those ports within this State where there are, for the time being, pilotage establishments, and the prescribing of port rates in respect of all ports within this State. Different pilotage rates may be so prescribed ID respect of different ports. (2.) Regulations may be made under this Act at any time after the passing of t" The Port Dues Revision Act Amendment Act of 1950." (3.) Every regulation made under this Act shall be published in the Gazette, and thereupon shall be judicially noticed. (4.) Every such regulation shall take effect on the date of its publication in the Gazette unless a later date is specified in that or any other regulation for its commencement when, in such event, it shall take effect on that later date so specified. * 46 V. No. 12. t This Act.

1950. SHIPPING. Port Dues Revision, Etc., Act. 243 (5.) Any such regulation may be rescinded or amended, whether by addition or otherwise, by a subsequent regulation made under this Act. (6.) All regulations made under this Act shall be laid before the I~egislative Assembly within fourteen. days after the publication thereof in the Gazette or, if Parliament is not then sitting for the transaction of business, within fourteen days after it next commences to sit. If the Legislative Assembly within fourteen sitting days after any such regulation has been laid before it resolves that any provision of such regulation ought to be annulled, such provision shall cease to have effect, but without· prejudice to the validity of anything done thereunder in the meantime or to the power to make a new regulation. In this section "sitting days" means days upon which the House actually sits for the despatch of business." 6. The Second Schedule to*" The Port Dues Revision Repeal of Act of 1882 " is repealed and the following Schedule is:~ s~: . of inserted in lieu thereof, namely;- 46 Vie. No. 12. " THE SECOND SCHEDULE. Net registered tonnage of vessel. ---- Every vessel under 500 tons ·. Every vessel of- 501 tons to 1,000 . tons ·. ·. 1,001 tons to 2,000 tons ·. ·. 2,001 tons to 3,000 ·. tons ·. 3,001 tons to 4,000 Evertyonsvess · e . l ov · e . r 4,000 tons · . Under 3 Miles. £ 8. d. 300 3 15 0 4 15 0 5 15 0 6 15 0 7 15 0 3 Miles to 10 Miles. 10 Miles to 20 Miles. Over 20 Miles. £ 8. d. 3 15 0 £ 8. d. 410 0 £ 8. d. 500 4 15 0 6 0 0 6 10 0 6 0 0 7 10 0 8 10 0 7 5 0 9 0 0 10.. IQ 0 810 0 1010 0 12 10 0 9 15 0 12 0 0 15 0 o ' * 46 V. N~. 12.