Ports and Harbours Act 1842 (SA)

By His Excellency GEORG!E GREY Esquire Governor and Commander-in-Chief of er Majesty's Province of Sonth Australia and its Dependencies and Vioe-Admiral of the same by and with the advice and consent of the Legislative Council.

No. 18.

sever4 rates duee and charges leviable under the mid Act are lower

AN ACT to amend and eztend '( An Act or the better preservation

of the Ports Harbours Havens Roa d teads Channels Navigable

Creeks and Rivers in Her Majesty's Province of 80~ t l r Australia

aad for the 6etter regulation of Shipr and thegr Crews in the

same."

WHEREAS an Act was passed by the Governor and Legislative

Council of South Australia in the First year of Her present

Majesty's Reign intitulcd An Act for the better preservation of the 1 Victoria No. 3,

Ports harbours havens roadsteads channels navigable creeks and rivers

Q Her Majesty's Province of South Australia and for the better

of shipping and their crews in the same" And whereas

T

lower than those usually collect~d	in the neighbouring colonies an(
have been found inadequate to	eet the necessary and unavoidable

expenditure connected with the @ervice of the Harbour Departmen and i t is expedient to alter ame*d and extend the provisions of thc

comrasncsment. same Act in manner after mentfbned BE IT THEREFORE ENACTEI

BY HIS EXCELLENCY GEORGE @EY ESQUIRE Governor and Corn mander-in-Chief of the Provincei: of South Australia and its Depen dencies and Vice-Admiral of the same by and with the advice -am consent of the Legislative ~ounci$ thereof That from and after tB F'ifteenth day of June instant tlje present Act shall commence ant take effect,

Go~ernor m y frame

mlaa and regulations. Governor to frame rules and regulations to be observed by thl 11. And be it further ~nac ted That it shall be lawful for tb

masters and commanders of all ships in any port harbour or roadsteac shall take effect at the expiratibn of which time the same shall b

in South Australia and by all persons duly licensed or appointed t~

act as pilots in any such port harbour or roadstead and th

said rules and regulations and hll rules and regulations relatini

to any such port harbour or madstead which may be in forc

at the time of the passing of tI& Act to alter amend or repeal an1

substitute others in their stead m to the said Governor may seer

necessary or expedient Provided'that all such rules and regulation

or such amended altered or new rules and regulations and notice c

the repeal of any such rules and regulations shall be promulgate^

by proclamation of His Excellacy to be published in the Bout

and thenceforth continue to be in full force and effect.

Penaltl for violatina 111. And be it Enacted That 3 any person being the master or i

moh rnles 8 5 to f 30.	command of any ship or vessel in any such port harbour or roaclstczl or being duly licenaed or appointed to act as a pilot therein or an other person whom it may concern shall in any case fail or neglec to observe all or any of such rules and regulations as shall or ma fkom time to time be so promulgdted as aforesaid or shall do or con mit anything contrary to the pl$n meaning of any of the said rule
pay a sum not less than five pounds nor more than thirty pounds t and regulations such person s h d for every such offence forfeit an
be recovered as hereinafter mentibned.
Rates of Pilotage and

Repeal of existing IV. And be it Enacted That so much of the said recited Act E

Harbour Dues, relates to rates of pilotage and tb the table thereof in the schedul to the said Act annexed marked B and also so much of the sai recited Act as relates to harbour dues and to the table thereof in th schedule to the said Act annexed marked C shall be and the same: hereby repealed excepting always as is herein. provided.

N e w ~ ~ o f Pilotage V. And be it Enacted That the rates and charges of pilotage 0

for Port Adelaide.	all ships or vessels arriving in Port Adelaide from any distance n(
less than two leagues at sea or departing therefrom to a like distanc at sea shall be the same as are respectively inserted described and S(

fort

forth in the schedule to this Act annexed marked A Provided always that it shall be lawful for the Crovcrnor as aforesaid from time to time as occasion may require by proclamation of His Excel- lency published in the Government Gazette one month before the same shall take effect to vary and reduce and again to achnce the said rates not cxcccding the maximum rates specified in the said schedule.

VI. And be it Enacted That the rates md charges of pilotage on IIalf Pilotage for

all ships and vessels arriving in the roadstead called Holdfast Bay Holdfast Bay.

from any distance not less than two leagues at sea or departing

therefrorn to a like distance at sea and not proceeding into or from

Port Adelaide shall be one-half the amount of the rates and charges

in force for the time being on vessels arriving in or departing from

Port Adelaide Provided always that it shall be lawful for the C+ovwnor by proclamation published for the period and in man-

ner aforesaid to vary reduce and again incwase the said rates and

charges not exceeding thc said maximum amount of one-half the

rates and charges payable for Port Adelaide;,

VII. And be it Enacted That instead of.the sums payable as har- NGW H~rbotlr Due8

bour pilotage under the provisions of the aforesaid Act and of the for I'ort Adelaide.

schedule C thereof the harbour dues payable on all ships or vessels entering Port Adelaide or removing from b;ne place of anchorage or mooring to another not being for the purpose of leaving the port shall be the same as are respectively insert4 described and sct forth in the schedde to this Act annexed marked R Provided always that it shall be lawful for the Governor from time to time as on,casi&

may rcquire by proclamation published for the period and in manner

aforesaid to vary and reduce and again to aiavance the said harbour dues not exceeding the maximum duee specified in the said schedule.

VIII. And be it Enacted That it shall ba lawful for the Governor Governor mav make

from time to time whenever it may appear expedient by proclamation published for the period and in manner afordsaid to make and ordain othcr ports.	such rates and charges of pilotage as may seem fitting to be levied for	and in respect of all ships or vessels arriving in or departing out ofany
othcr port or harbour or roadstead in the said Province from or to a distance which shall from time to time be regulated by the harbour master and also to make and ordain such harbour dues as may seem fitting to be levied for and in respect of all ships or vessels entering any other port harbour or roadstead in the said Province or rcmoving from one place of anchorage or mooring to aaother not being for the purpose of leaving such port harbour or rmdstead and to vary and reduce and again to advance the saidpilotage rates and harbour dues not exceeding the maximum dues specified in the said schedules A
and B respectively.

IX. Provided always and be it Enacted That no pilotage rates Exemption8 from

shall be levied or payable under this Act on any ship or vessel rcgis- Harbour DueB. Pilotage Rates and

tered

essel while respectively ern-

one port of South Australia

der thereof shall require and

harbour dues shall be levied

e Province and not exceeding

coasting trade thereof unless the

aintenance of the

with the harbour

New t7(ThatffWKate~	XI. And be it Enacted Thatqn lieu of tbe rates and charges for wharfage fixed by the recited Adt, and set forth in the schedule thereto annexed marked E it shall be ful for the Governor by proclama-
may be mnLe.
tion published for the period in manner aforcsaid from time to
time to authorise and appo such other rates and charges to be levied for wharfage as may seemifit and expedient not exceeding the
maximum wharfage rates, specifipl in the schedule hereto annexed
markred D. ++ Y

RepoIailng the bal? XII. And whereas it is necgsary to regulate the ballasting of

lPsting Of vesae'8. ships in Port Adelaide be it Enabted That no person shall excavate

S diiraise procure or load any rnudFand or other Laterids to be raised

for ballasting vessels except th@ proper officers of the Harbour Master's department or persons a&ng in their employment or under their superintendence or from 41- at any place within the limits of

the Port except such places as h a e been duly appointcd for ballast-

ing by the Harbour Master or ot 5 . er officer as aforesaid And who-,	soever shdl contravene this enetment shall on conyiction of every
such offenee forfeit and pay a pengty , of five pounds,

XIII, And be it enacted That .for slnd in respeot of the supply of

ballas4 aq afaweslsqid there shaU and,may be levied for ~ n d in respect of

every ship of veesel mpplied with', ballast a rate or due of ,shilling8 for each and every ton of ballast tb supplied or such other rates and dues +W way from time to time; be appointed by the Governor by procltjpution published for the period and in JSzamer aforemid*

XIV. And whereas it is d recitcd Act Bnaeted That the

r of every vessel about	any port or harbour of the Pm
s b U at the time of cle	t delivqr to the proper officer of

cus tom6

customs a list containing the names of the cers crew and passen-

gers intending to leave the Province in such el and if such master

shall permit any person to embark whose n has not been entered in such list as aforesaid such master shall foifcit ten pounds for each person And whereas not only to prevent thb escape of criminals but also the more effectually to prevent dcbtors fiom absconding to avoid the payment of their debts it is expedient that the said penalty should be increased Be it Enacted That if the master or commander of any

ship or vessel about to leave any of the portg=or harbours of the Pro-

vince shall permit any person to embark orGboard his ship or v ~ s d

whose name has not been entered in the fist required by the said

recited Act to be delivered to the officers of cuistoms therein mentioned

every such masttx or commander shall for e h y such offence forfeit and pay the sum of fifty pounds to be rehovered in the Supreme Court of the Province cither in the name'of one of the principal officers of Her Majesty's Customs or of 8 e r Majesty's Advocate

1 General.

l

X V. And be it Enacted That the master or commander of every E~ery ship-meater

ship	or vessel arriving at any port harbour or roadstead whether such f ~ ~ ~ e g, " ~ ~, " ~ n $ ~
shin	or vessel is em~loved as a coaster or otherwise shall as soon as the lawa

co&eniently may bc bond at the customs with two sufficient

sureties to the satisfaction of the collector or 0 t h - principal officer

in the sum of one hundred pounds conditia~ed for the due obser- vance of the provisions of this Act and of @l1 laws in force for the

1 navigation in form of the Schedule E hereto'annexed and until such bond be given no entry or clearance shall be made or other business transacted at the customs in respect of such ship or vessel or her	time being within the Province relating t$ the customs trade and
cargo.
I

XVI. And whereas it is expedient to regulate the appropriation Repeal of appropria-

tion clause in recited

of monies recovered under this or the recited Act in manner after-

mentioned Be it Enacted That the thirty.*cond section of the said

recited Act shall be and the same is herebytepealed.

I

XVII. And be it Enacted That all s a ~ ~ s whatsoever collected New approptiatio~

under this or the said recited Act (not bdng fines and forfeitures)	clause for sums
shall be paid by the commander of any ship or vessel or whomso- ever it may concern to the collector or guch other officer as the Governor may appoint at the customs on entering inwards or clearing outwards any ship or vessel or entering any goods as the case may
be and no such entry or clearance shall be made except on payment
of all rates dues and charges then leviable under this Act and such
officer shall account for the same to the Cblonial Treasurer for thrt
public uses of the Province and support of the Government thereof
Provided always that it shall be lawful for the Governor from time to time by proclamation published for the period and in manner afore.
said to direct that the pilotage rates harboar dues or wharfage rates
may be paid in such other manner as may lk most expedient and be

Bppropiated to the use of the Harbour %@aster or pilots or other

~a @me may be applicable in whale or in

d the salaries and emoluments payable to

rpqtivel y .

:ted That all fines penalties and forfeitureo

h e recited Act shall be appropriated i~

,o say one third thereof shall go to the

Dr the same and the other two thirds shdl

easiurer to be appropriated to Her Majesty far the public uses of the said Province iment thereof, i

=X. And be it l% bed That a l l rates dues and other sums

leviable under this Act	all fines penaltiefc and forkiturea incur-
red under and by virtue	s Act for the recovery of which expresa
provkion is not herein n	hall be recoverable in manner directed
by the said recited Act	that every clause provision and remedy

in the said recited Act f; or; the recovery of such rates dues and other

sums fines and forfeituxes ply as fully to such sums fines and

forfeitwre~l under this Act same had been expressly inserted

d

herein.	u,
S;

aaparl of &d an XX. And be it ~nact&l That every c h s e and provision of the

ia m tar only as

e d recited Act inconaiste* with this Act shall be and the same is

inco~aiatent 6th

abom proviuiona	k e b repealed the said rhited Act in every other respect remaining
irr d force and virtue. Q Y

GEORGE GREY,

*- Governor of South Australia,

Pamed i Cotmeil t h i ~ First dai

June h e Thousand Eigh#

S: W d 8 & F*ttw.

A. If, MUNDY,

Clerk of Cound,

5

?i

SCHEDULE A,

PILOTAGE RATES FOR PORT AE&~.IDE,

r k

every veaeel drawing Seven feet and under - -4 e -

Eight feet and under nine feet 7 -

Nine feet and under ten fee6	-*	W
Ten feet and under eleven feet :	.	-

Eleven feet &ad under tprptve fe Twelve feet and under thirteep Thirteen feet and under fourte Fourteen feet and under fifteen faiet	-
Fifteen feet and under dxteen f&t -
Sisteen feet and under seventern feet Seventeen feet and under eighteff feat Bighteen feet and under ninetep feet

And £1 for every additional fqt,

FQR @Xmas.p BAY-Half the above dues,

HARBOUR DUES FOR PORT ADE&i][DE,

A' a 4.

every vessel under 100 tons - - - -

- 0 2 0 0

100 tons and under 200 tons - - 1 O Q

200 tons and under 300 tons - .. - i10 0

300 tons and under 400 tons - m - 2 0 0

400 tons and under 500 tons .- m - 2 1 0 0

600 t m s and upwards m m - 9 9 0

TONNAGE DEES FOR PORT AD~I;BIDE. i

On every ship or veasal, &r each and every ton =@ater mmweoaent-

Arriving inwards-Sixpenea'

lhpwting outwar&-Sixpena.

d Table qf the Rates payable to the Cbllecto~ or other properly

appoin te rticlcs landed in the P~ovime.

Alkali, ton	-	-	-	Bottlqs, empty, gross	-	-
Blmonda, hhd.	-	$	.

Bran, bushel - -

package or case - Brimstone, ton - - -

bag - - - ' b . barrel -

t 6 keg -

Anchors or grapnels, ton -

Alum, ton - - - - Bricks, Slates, and Tiles, per

Anchovies, crate or case - 1000 - -

a keg - .. -

Bristles. cask or case -

hnsto, cask - - - " hhd. - -

" basket or bag - Brooms or Brushes, hhd. -

66

Anvils, each - - - cask or easo

(C loose, dozen

ton - L

hsses and Mules, each - Bulls or Cows, each - -

We-trees, each - Burr Stones, each- -

Apples, buehel - - Buoys, ton - - .

Arrowroot, case or crate - Butter, barrel - - I

Apparel, case - m " firkin or keg - -

Bacon, bale, bundle, or case - Boots and Shoes, cask or

- - "

eide. - case

Bags and Packs, empty " h h d s. , or pkga. equal

(small) - - S thereto - - .

bale or bundle - m Books, case - -

t o n - - . ' over half-ton - -

Bark, Peruvian, package - Cables, iron, ton - - -

Barley, bushel - " rope - - -

" pearl, case or jar - Calves, each - - -

~t kegorjar -

Camphor, tub or chest - a

Baskets, empty - - - Canes or Bamboos, per 100

Beans, bushel - m bundles -

Beef and Pork, tierce or ( C loose, l00 -

bhd. - - Candles, package - - -

'< barrel - - Cannons, ton - - -

Beer and cider, hhd.

- - Canvas, bale -

barrel - - - - -

" bolt

'* 1 to %doz. caak or Carts, each - - -

case - - - Capers, case or cask -

'' 4 to 6-doz. ditto - " keg- -

" 7 to 9-doz. ditto .. Cards, case -. .

Bees' Wax, case or caak	Casks, en;pty, ton	-	-
Berriee, Juniper, packages -	Cardamons, case -	-	m

Bellows, Smiths,' small- - L<

small do., or bag -

middle - -

Carpetg bale - -

U large -

" per 40 cubic feet -

Billiard Tables, each - m

Carraway Seed, box - -

Biscuit, ton - - tt bag - -

Blankets, bale - - .. Cassia, case - - m

66 per 40 cubic feet .. Castor Oil, case - W

Back: h a d, cask or case - Carrots, ton - - W

Blackii~g, hhd. - - -

Chairs, case - -

EL c t ~ k - - -

" each - - -

U k q - T Carriqes, 4-wheel, each

8. d.

- 4 0

Chalk, in bulk, ton	-
Cheese, cask or case	-

U locse, each -

Cocoa Xuts, 100 B - 0 8 Gihlutoneq, each - - 0 6

Colors, cnqe or cask - - 1 0 Griridwy, case.or cask - - 0 9

hhd. or butt -

- 2 0

- 0 8

" caqe 01: cask - - 1 0

Ironmongery, case or cask - 1 0

bag or keg - 0 6

" caroteels - - 2 0 .-C bundle - - 0 6

- 1 o I5arpq each -

-	o 2	Harrows, each -
Hats, l-doz. ease

per 40 qubic feet - 5 0

Hay, ton - " - - 4 0

-	1 o	Rides, bale ; -
-	0 6	Hones, cask W case - - 0 6

- 2 6 Honey, packgge

- 2 0 Hops, bale, bsg or pocket - 1 6

e - 1 6 Hoops, woocl, bundle - - 0 2

- 5 0 Horses and Ponies, each - 2 0

Eau de Cologne, case - - I 6 Ice, ton - - 3 0

Engines, fire, each - - 5 0 India Rubbeq package - 1 0

" beer or garden, each 1 0 Iron, in hoop, or rod,

- 1 0 pig or sheat, pots, tire, or

-	6 0	Lacquered	-	1 0
-	0 2	Lard, cask
-	0 3	Lead, ton

Leather bale br case - - 1 2

loostat) ton - - 6 0.

-	0 4	Leeches, package-
-	1 0	Log Wood, p n - - - 4 0

S. d.

Wine and Spirits, barrel or UNE+MERATED GOODS-

%-cask - - 0 6 Heav3Ton -

'( 1 to 3 doz. cask or i n packages tun butt

case - - 0 6 Butte6,puncheon -

" 3 to 6 ditto - - 1 0 I4hd.a;~: crate -

" 6 to 9 ditto - - 1 6 Barrel -

Gin, case of 4 gallons - - 0 6 Keg o r firkin -

-

" 2 gallons - - 0 3 B u n d l ~ or case -

- 0 6 Jar, cm, or bottle -

Wool, bale -

SCIIEDULE E,

Form of Bondfor Observance of the Customs Laws, +c.

ICNOW a11 men by these presents that we

are held and firmly bound unto our Sovereign Lady the Queen in the sum of one l~undrcd pounds of lawful money of Great Britain t o be paid to our said Lady the Queen Her heirs and successors to which payment well and truly to be made we

bind oursolvcs and each of us and any two of us and each of our and any two of

our heirs executors and administrators jointly saverally and respectively firmly

by these presents sealed with our seals.

Dated this day of in the year of our Lord

Onc Thousand Eight Hundred and

WEEBEAS by an Act of the Governor and Council of South Australia passed in

the fifth year of her present Majesty's reign to amend and extend an Act for regulat- ing the parts harbours &c. in this Province i t is Eracted That the master or com- mander of every ship or vessel arriving shall as soclh as conveniently may be gi.,e

bond at the customs with two sufficient sureties in manner therein and herein men-

tioned.

NOW the condition of this obligation is such that if all the enactments provi- sions and elauses contained in the said Act of Council and all the laws in force for the time being within the Province relating to the customs trade and navigation shall be well and faithfully fulfilled observed and kept by the said commander granter hereof his owners and others concerned on their and his behalf then this obligatioq shall be void but otherwise the same shall remain in 'full force and virtue.

Signed sealed and delivered

in presence of I

-

.L9

ADELAIDE : Printed by authofity, by W. C. COX, Government Printer, Victayh-squw.

ERRATUM.

h

Section 13, Page 4, of this Act, for "rate or due of shillings" read " rate or due

offiae shillings."