Port Goolwa Improvement Act 1874 (SA)

ANNO TRICESIMO SEPTIMO ET TRICESIMO OCTAVO

A.D. 1874.

No. 11.

An Act to authorize the Const~?sctian qf a Channel or Canal f ir the

purpose o f Connectitzg the Port qf	Gaolwa with the @ea, and-fbr
other purposes.

[Assented to, 6th November, 1874.1

HEREAS the Town of Gowlwa and the District adjacent Preamble.

W thereto would be greatly improved if a Channel or Canal capable of admitting sea-going ships were constructcd for the

purpose of connecting the Port of fsoolwa with the Sea, and the construction of such works would also be of great advantage to the public at large: And whereas the Corporation of the Town of Goolwa are willing to undertake to procure the construction of such works upon certain concessions being granted to, and powers conf'erred upon, them; and it is desirable to grant such concessions, and to confer such powers-Be i t therefore Enacted by the Go- vernor of the Province of South Australia, with the advice aud consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as fbllows:

S

1. This Act may be cited for all purposes as " The Port Goolwa Short title.

Improvement Act, 2874."

2. I n the construction of this Act, unless inconsistent with the Oonatruction.

context, the expressions the Corporation of the Town of Goolwa" and the said Corporation" shall mean and include as well the Corporation of the Town of Goolwa, as also any person or Com- pany to whom the said Corporation shall from time to time transfer all or any of the concessions, privileges, powers, and authorities by this Act conferred upon or vested in the said Corporation.

3. AU

92 37% &S0 VICTORIB, No, 11.

--p

The Port Goolwa Improvement Act.-1874.

Certain ~ t lands e

vcstcd in Corporation

3, All that portion of the waste lands of the Crown, being part hills, extending from the surveyed land near the Trigonometrical Station, known as " Yullen No. 1," to the point known as Barker's ~ n o l l, '; bounded on the west by'the sea i t low water mark, and on the east by thc River Murray at low water mark, as shown on plan deposited herewith, and marked A, shall be, and the same are hereby vested in the Corporation of the Town of Goolwa in fee simple fox thc purposes of this Act.

of Goolwa.

of the Hundred of Nangkita, consisting of the peninsula of sand-

Corporation to con-

struct canal.

4. The said Corporation may make and maintain a permanent channel or canal connecting the said River Murway, and thc Port of Goolwa, with the sea, such channel to have a depth of at lcast twenty feet at low water spring tides, and to be of the width of at least two hundred feet.

Power to lease and

5. The said Corporation may grant leases of any portion of the said waste lands hereinbefore vested in ic, for such terms and upon such conditions as may appear cxpedieut, and shall have full power and authority to coilstruct and mGntain all such dams, dykes, retaining walls, wharves, piers, groins, brcaktvaters, and other works, as such Corporation may deem ncmsary for the purpose of making and maintaining thc said channei or canal, including power to con- struct any such works in any part of the said River Murray, or any branch thereof, belween Point Sturt and the sea, as may be con- sidered necessary for the puypose of diverting a11 the waters of the said river into the channel running past the Town of Goolwa, and thence through the said channel or canal, but so that the operations for so diverting tlie watcrs of the Murray as aforesaid shall not have the effect of raising such waters above the present highest levels: Provided that before commencing the construction of any of the works authorized by this Act, plans of the works proposed to be constructcd shall be deposited in the office of the Commissioner of Public Works, and if the works proposed to be constructed according

construct dams, &c.

to such plans shdl not be such as are authorized by this Act, the said Commissio;ler may, at any time mithin fourteen days from the

date of such plans being so dcpositcd, cxcrcise a right of veto, and upon notice of the exercisc of such right of veto being given to the said Corporation, and unless such plans shall be modified so as to secure the concurrence of the shid Commissioner: the said Corpnra- tion shdl not be authorized to proceed with such works,

works in any part of

Power to carry out

6. The said Corporation shall have power to carry out all such works in any part of the said River Murray, below Points Sturt and Maclcay, as may be requisite fox keeping open the said channel or canal, and so that the same shall be of the beforementioned depth of twenty feet at the least.

River Murray.

Corporation msy l e * ~

tolls.

7. The said Corporation may levy and enforce tolls on all ships

or vessels entering or passing through the said channel or canal, so

to be constructed as aforesaid; such tolls not to exceed Five Shillings

each

37O & 38' VICTORIB, No. 11. --

The Port Goolwa Improvement Act.-18'14.

each way for every ton of the registered tonnage of such ships or vessels, and may also levy half such tolls upon all vcssels passing through such channel or canal during the progress of the works, upon a depth of fiftcen feet bcing attained.

8. All such tolls as aforesaid, according to the scale for the time being in force, but not exceeding the rates in the last prcceeding section nientionecl, may be recovered by the said Corporation in any Court of competent jurisdiction from the owners or masters of all vessels using the said channel or canal.	Corporation may
recover tolle.
Power to 013860 if
9. AI1 the privileges an.d powers by this Act conferred on the said Corporation, shall absolutely cease and determine, and the said waste	i20,000 not expended
in three yeam.
lands of the Crown hereby vested in the said Corporation, shall revert to the Crown, unless the said Corporation shall, within three years from the passing of this ,4ct, expend or cause to be expended the sum of Twcnty Thousand Pounds in and about making the said channel or canal connecting the said River Murray and the sea, or in and about some other of the works connectecl therewith and here- inbefore mentioned; and such waste lands "hall also revert to the Crown unless such channel or canal is opened for traffic to a minimum depth of at least twcnty fect as aforesaid, within five years from the passing of this Act, or if being so opened such channel or canal shall not be kept open as aforesaid for a period of twenty-four consecutive months.
Corporation may
10. The said Corporation may grant and lease, or enter into any contract or agreement which i t nmy considcr expedient, with any person willing to carry out the works hercby authorized to be con- structcd, upon such terms and conditions as may be agreed upon, and may by such contract or agreement transfer to such person all or any	iransfer powerm.
of the concessions, privileges, and powers by this Act confcrred upon
the said Corporation; and from and after the execution by the said Corporation of any such contract or agreement, such person shall
(to the extent to be therein mentioncd), be vestcd with all the con- cessions, privileges, and powcrs, as fully as the same are hereby	vestcd in the said Corporation, and such person may enjoy and
exercise the same accordingly, and such Corporation shall have full power to execute all such conveyances, leases, or other assurances as may be necessary or proper for carrying the provisions hereof into
effect.

I n the name and on behalf of Her Majesty, I hereby assent

to this Bill.

A. MUSGRAVE, Governor.

p-- - --d.

- - ---

dela aide: By authority, wX. Cox, Government ~rGr,North-terrace.