Shipping and Pilotage Consolidation Ordinance amendment (1873) (WA)
WESTERN AUSTRALIA.
ANNO TRICESIMO SEPTIMO
VICTORIA, R KGIN2E.
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No. XIV.
AN ACT to alter and extend the provisions of " The Shipping and Pilotage Consolidation Ordinance, 1855," (18th Victoria, No. 15.)
[Assented to, 29th July, 1873.]
HEREAS it is expedient to alter and extend the provisions
W1 855 " and to make provisions with reference to harbours, docksof " The Shipping and Pilotage Consolidation Ordinance,
and wharves in Western Australia : Be it enacted by His Excel- lency the Governor of Western Australia and its Dependencies by and with the advice and consent of the Legislative Council thereof as follows :-
| 1 THE fourth and fifth sections of the said Ordinance are hereby repealed. And hi lieu thereof be it enacted that the master or | Sections 4 and 5 of 18 V. | ||
| No. 15 repealed. | |||
| commander of every ship or vessel entering any port or harbour of | Master of any ship entering | ||
| this Colony shall pay the several harbour master's, pilotage, light and | any oifot,taareby urhtaio.bpou | ||
| tonnage dues set forth in the scale or lists respectively lettered A B |
|
3r ITICTORIIE, No. 14.
Shipping and Pilotage—Amendment.
C and D in the Schedule to the said Ordinance annexed. Provided
| those for ordinary pilotage. shall be deemed payable by any of Her Majesty's ships or vessels | Her Majesty's ships of war that no such dues as aforesaid (save those for ordinary pilotage)exempt from all dues except |
of war or ships or vessels chartered on behalf of Her Majesty: provided further that it shall be lawful for the owner of any ship or
| for light dues. make an agreement (in accordance with such rules in that behalf as | Coasters may compound vessel bona. fide engaged in the coasting trade of this Colony to |
shall hereafter be made by the Governor with the advice of the Executive Council and published in the Govern mat Gazette which said rules may from time to time be varied by the Governor with the advice of the said Council, notice being given of such variation in the Government Gazette) with the Collector of Customs of any such port or harbour as aforesaid to pay a fixed sum annually or otherwise on account of light dues instead of paying the said last mentioned dues for each entry into port.
| Governor in Council may | 2 IT shall be lawful for the Governor with the advice of the |
| remit or vary all dues upon Executive Council of the said Colony with reference to all ports or | terms and conditions. |
harbours or any port or harbour to alter and vary (but so as never to exceed) all or any of the scales or lists of dues set forth in the said Schedule and by notice to be inserted in the Government
Gazette to declare from time to time with reference to all ports or
harbours or any port or harbour of this Colony what shall be the several harbour master's, pilotage, light or tonnage dues chargeable in respect of ships or vessels entering the same; and also by notice as aforesaid in favor of any class or classes of ships or vessels to remit vary or alter (but so as never to exceed) for such time or times as may be deemed necessary and upon such terms and conditions as may be deemed necessary hi that behalf (which said time or times terms and conditions shall be stated hi the said notice) all or any of the said scales or lists of dues.
| Governor in Council may 3 | FROM and after the passing of this Act it shall be lawful for |
make rules and regulations the Governor hi Executive Council from time to time to frame rulesfor the maintenance of good order in ports or harbours. and regulations and the same from time to time to vary or alter tot
repugnant to any of the provisions of the said Ordinance for the preservation of good order within all ports or harbours or any port or harbour ; And such rules and regulations shall be observed accordingly by all persons whatsoever under a penalty to be named in such rules and regulations not exceeding Five pounds. Such rules and regulations shall come into force on publication of the same in the Government Gazette. Provided always that nothing herein contained shall affect or in any way take away from anything contained in the second and third sections of the said Act.
37' VICTORIIE, No. 14.
Shipping and Pilutage—Anzendnient.
| harbour to order the master of any ship or vessel within such harbour master of vessel to shift | 4 IT shall be lawful for the harbour master of any port or Harbour Master may order |
to shift the berth of such ship or vessel to any part of such port or '
harbour other than that where such ship or vessel may be lying at
the time of the making of such order ; the master of any ship or
vessel who shall neglect or refuse on receiving any such order to
comply therewith with all convenient speed shall forfeit and pay
such fine or penalty not exceeding Twenty pounds as may be
determined in a summary manner by any two Justices.
5 IT shall be lawful for the harbour master to remove any Harbour master to remove
wreck, floating timber or any other substance which in any way wreck.
obstructs or tends to obstruct any harbour, dock or wharf or the
approaches to the same or which impedes or tends to impede the
navigation thereof or access thereto or which shall be, a nuisance
or inconvenience therein or thereto ; and the expense of such
removal shall be repaid by the owner of such wreck, timber or other
substance to such harbour master, and in default of payment thereof
on demand the said harbour master may recover the same as a
penalty, and such harbour master may detain such wreck, floating
timber or substance for securing the expenses, and on non-payment
thereof on demand may sell the same and out of the proceeds of
such sale pay .such expenses, rendering the surplus (if any) to the
owner on demand.
| any ship, hulk or vessel which is not ordinarily used for sea service removed from harbours. | 6 | IN case there shall be in any port or harbour in this Colony Unserviceable vessels to be |
and which the harbour master of such port or harbour may have reason to believe is unsound or unsafe and likely to prove an obstruction to the navigation of such port or harbour, it shall be lawful for the harbour master of such port or harbour accompanied by such persons as may be appointed for that purpose by the Governor to visit, board, survey and inspect the same at reasonable times in the day time, and the master or other person in charge thereof shall do all such acts as may reasonably be deemed necessary to enable the harbour master and such person or persons as may accompany him to ascertain the state and condition of such vessel. And if the said harbour master and the persons accompanying him as aforesaid or the majority of them shall after such survey and inspection consider the said ship; hulk or vessel in an unfit state for sea service and unsound and unsafe and likely to prove an obstruction to the navigation of the port or harbour, the said harbour master shall give notice in writing to the master or Owner thereof to remove the said ship, hulk or vessel to such
37° VICTORI2E, No. 14.
Shipping and Pilotage—Amendment
place as shall be named hi the notice ; and if within seven days of such notice being given to such master or owner or being left for him at his last known or most usual place of residence hi the said Colony, or on board of the said ship, hulk or vessel, such ship, hulk or vessel be not moored, unmoored, placed or removed hi accordance with the terms of the said notice, it shall be lawful for the said harbour master to cause such ship, hulk or vessel to be moored, unmoored, placed or removed as he shall think fit, and for that purpose the harbour master may cast off, unloose or cut the rope or unshackle or break the chain by which any such vessel is moored or fastened ; and all expenses attending the mooring, unmooring, placing or removing of such ship, hulk or vessel in such case shall be paid to the harbour master by the master of such ship, hulk or vessel and in default of payment thereof on demand may be recovered as a penalty ; and such harbour master may detain such ship, hulk or vessel for securing the expenses and on non-payment thereof on demand may sell the same and out of the proceeds of such sale pay such expenses, rendering the surplus (if any) to the
| Master of such vessel may owner on demand. Provided always that if, within the seven days | appeal to the Supreme | |
|
by the said harbour master on the day of such affirmance.
37" VICTORIX, No. 14.
Shipping and Pilotage—Amendment.
Provided always that, if the appellant is guilty of any unreasonable delay in prosecuting such appeal, it shalt be competent for the Chief Justice to fix a day for the hearing and determination thereof. Provided also that the harbour master shall in no case unloose or cut any rope or unshackle or break any chain by which any vessel is moored or fastened unless there be a sufficient number of persons on board to protect the same. Provided also that in no such case as aforesaid shall the harbour master order any such ship hulk or vessel as aforesaid to be taken to any place outside the port or harbour unless in the judgment of such harbour master there is no place within the port or harbour where she might lie with- out prejudice or risk of prejudice to the navigation and use thereof.
| 7 NO ballast that is disapproved of by any harbour master as | No ballast to be shipped if |
| being of an unsafe or dangerous nature shall be put on board any | master.disapproved of by harbour |
| vessel. Any master of a vessel continuing to ship such ballast on | |
| board of such vessel or any person continuing to supply such | |
| ballast, or both of them, after any harbour master shall have in | Penalty. |
| writing expressed his disapproval of the same, shall forfeit and pay any sum not exceeding Fifty pounds. |
| 8 EVERY person, other than the harbour master, who shall | Penalty for wilfully cut- |
| wilfully cut, break or destroy, except for the purposes of this Act, | ting moorings &e. |
| the moorings or fastenings of any vessel lying in a harbour or dock at or near a wharf shall for every such offence be liable to a penalty not exceeding Five pounds, in addition to any liability he may so incur by proceedings at the suit of or for the benefit of any person damnified thereby. |
| 9 IF any harbour master or any of his assistants without | Penalty on harbour master |
| reasonable cause or in an unreasonable or unfair maimer shall | for misbehaviour. |
| exercise any of the powers or authorities vested in the harbour master and his assistants by this Act or the said recited Act, the person so offending shall for every such offence be liable to a penalty not exceeding Fifty pounds. |
| thing whatsoever by way of reward or bribe to any harbour master ing bribes. | 10 IF any person shall give or offer any sum of money or any- Penalty for offering or tak- |
or any officer or person employed in or about any harbour dock or wharf for the purpose of gaining an undue preference in the execu- tion of his office or for the purpose of inducing such harbour master Or other officer to do or omit to do anything in relation to his office,
37° VICTORI 7E, No. 14.
Shipping and Pilotage—Amendinent
or if such harbour master or other officer shall receive or engage to receive any such reward or bribe as aforesaid every such person so offending shall be liable for every such offence to a penalty of Twenty pounds.
| Incorporation with 18 Viet, | 11 THIS Act shall form part of and be incorporated with |
| No. 15. | " The Shipping and Pilotage Consolidation Ordinance, 1855." |
| Interpretation clause. | 12 THE following words and expressions in this Act and the |
said recited Ordinance shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction that is to say
The word " vessel" shall include ship hulk boat lighter and craft of every kind and whether navigated by steam or otherwise.
The words " master " and " commander " when used hi relation to any vessel shall be understood to mean the person having the command or charge custody or control of the vessel for the time being.
The words " harbour master" shall include " Resident Magis- trate or Police Magistrate" for the port or district where the harbour master discharges his functions but only hi case of the absence from such port or inability from any cause whatever of such harbour master to perform his functions; and also in case there shall be no such harbour master in any port or district then such words shall include the Resident Magistrate or Police Magistrate for such port or district ; and in case of the absence of. such Resident or Police Magistrate any two Justices of the Peace of the Colony.
In the name and on behalf of the Queen I hereby assent to,
this Act.
FRED. A. WELD, Governor.
By Authority : RICHARD PETHER, Government Printer, Perth.
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