Port Kembla (Further Development) Act 1971 (NSW)

PORT KEMBLA (FURTHER DEVELOPMENT) ACT.

iSetD Males;

ANNO VICESIMO

ELIZABETHS II BEGINS

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Act No. 28, 1971.

An Act to sanction and provide for the carrying out of certain works at and in connection with the Inner and Outer Harbours at Port Kembla, including dredging and excavating work; to authorise the Minister to negotiate and enter into contracts with the Broken Hill Proprietary Company Limited and other persons; to amend the Public Works Act, 1912; and for purposes connected therewith. [Assented to, 27th September, 1971.]

Port Kembla (Further Development).

O E it enacted by the Queen’s Most Excellent Majesty, by No. 28, 1971

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

1.          This Act may be cited as the “Port Kembla (Further short title.

Development) Act, 1971”.

2.          In this Act, except in so far as the context or subject- interpre­

matter otherwise indicates or requires— ^

“contractual work” means work carried out or to be carried out in pursuance of a contract made under subsection one of section six of this Act;

“scheduled works” means the works described in the

Schedule to this Act;

“wharf” means any structure, landing place or facility, erected, constructed or provided, before or after the commencement of this Act, in the Inner or Outer Harbour of Port Kembla or on land adjoin­ ing or adjacent thereto, where cargo may be loaded or discharged or where vessels may be berthed.

3.          The plan of the scheduled works is the plan marked The plan.

“Port Kembla Further Development 1971” signed by the Minister, countersigned by the Director of Public Works and deposited in the Public Office of the Minister.

4.     (1) The carrying out of the scheduled works is hereby Scheduled

sanctioned. T^Ktoned.

(2) The Minister is empowered to carry out the

scheduled works and for the purpose of so doing may do all such things, including entering into contracts, as he may consider necessary.

Port Kembla (Further Development).

No. 28, 1971 5. The cost of carrying out the scheduled works which,

exclusive of land exchanges and land acquisition, is esti­

Estimated

cost not	mated at thirty million dollars, shall not be exceeded by
to be	more than ten per centum.
exceeded by more than ten per cen­ tum.

Minister	6.	(1) The Minister may negotiate and enter into such
empowered

to nego­	contracts with the Broken Hill Proprietary Company Limited,
tiate and	and with other persons, as he may consider necessary for
enter into
contracts.	and in connection with the improvement and further develop­ ment of Port Kembla and contiguous areas, including contracts for—

(a) exchanges, leasing and sale of lands;

(b) the opening and closing of roads;

(c) the acquisition of land; and

(d) the repayment to the said Company of any amounts advanced by it for and in connection with the said improvement and further development.

(2) A contract under subsection one of this section shall be subject to the concurrence of the Treasurer and the approval of the Governor.

Application	7. (1) The scheduled works and any contractual work
of the

Public	shall be authorised works within the meaning of the Public
Works Ac,	Works Act, 1912 (in this section referred to as “the Act” ).
1912.
(2) For the purpose of the scheduled works and any contractual work the Minister shall be the Constructing Authority within the meaning of the Act.
(3) The provisions of the Act, other than sections thirty-four, thirty-five, thirty-six and thirty-seven thereof, shall apply to and in respect of the scheduled works and any contractual work.

Port Kembla {Further Development).

(4) Without prejudice to the generality of the other no . 28, i97i

provisions of this section the provisions of section thirty-eight of the Act shall apply to and in respect of a contract made or to be made under subsection two of section four or under subsection one of section six of this Act.

8. (1) The Minister, in respect of such portion or por- Provision

tions of the lands within the Port boundaries delineated on the Plan referred to in section three of this Act as are at the commencement of this Act used or dedicated as public roads, is empowered to close by notice in the Gazette the whole of that portion or those portions or such part or parts of that portion or those portions as he shall from time to time deem necessary for the purposes of this Act and upon publi­ cation in the Gazette of any such notice any and every dedi­ cation of the lands described in the notice for public road shall absolutely cease and determine and the rights of any person to use the lands so described or any part thereof for the purposes of a road shall be extinguished and the lands so described shall vest in the Minister as Constructing Authority for the purposes of this Act.

(2) No claim against the Minister, whether as a Constructing Authority or otherwise, for compensation shall arise from or in respect of anything done by him pursuant to subsection one of this section or from or in respect of the vesting pursuant to that subsection of any land in the Minister as Constructing Authority for the purposes of this Act.

9. The provisions of the Harbour and Tonnage Rates Provisions Act, 1920, and the regulations made thereunder, in so far anlxon-”' as they relate to the imposition, collection and payment of nage Rates harbour and tonnage rates and berthing charges, shall apply

to and in respect of every wharf as if it were a public wharf, and harbour and tonnage rates and berthing charges shall be payable accordingly in respect of all vessels berthed at a wharf ;

Provided that in respect of a vessel while berthed at a wharf erected under a contract, entered into in pursuance of section six of this Act, by which the whole or part of the cost of construction of such wharf has been provided by the

owner

Port Kembla (Further Development).

No. 28, 1971 owner of such vessel, the harbour and tonnage rates a n d

̂ berthing charges to be paid in respect of that vessel and its cargoes shall be the rates and charges provided for in such contract, or if no provision is made therefor in the c o n ­ tract, such proportion of the rates and charges which but for this proviso would be payable as shall be approved by the Governor.

Section 327 10. Section three hundred and twenty-seven of the Local Gowrameni Government Act, 1919, shall not apply in respect of any

Act, 1919,	subdivision of land made for the purposes of this Act.
not to
apply to sub­

divisions. '

Sec. 2. SCHEDULE.

Description of Works.

A deepening of the approaches to Port Kembla Outer Harbour and the extension of the breakwaters, together with the provision of such channels and turning areas in the Outer Harbour as are necessary to permit the passage of vessels having draughts of up to fifty feet.

The deepening, to permit the passage of vessels having draughts of up to fifty feet, and widening of the channel from the Outer Harbour to the Inner Harbour, together with any necessary struc­ tural works and the alteration or relocation or removal and replace­ ment of any existing structures affected by the works.

The deepening of the Inner Harbour generally and the provision of a deep channel to enable vessels having draughts of up to fifty feet to navigate into and berth at the wharves built or to be built by Australian Iron and Steel Pty. Ltd. on land adjoining the Inner Harbour.

The whole of the work hereinbefore described to be subject to such modifications and deviations as may be deemed necessary or desirable by the Constructing Authority.

PUBLIC