Sydney Corporation (Fish Markets) Act 1922 (NSW)

Sydney Corporation (Fish Markets) Act. 1!)5

SYDNEY OOKPORATION (FISH

MARICETS) ACT.

Act No. 39, 1922.

An Act to empower the Municipal Council of George v,

Sydney to acquire the as.sets of the Common­ wealth Co-operative Fish Exchange, Limited, and to dispose of same ; to authorise the said council to establish fish markets throughout a certain defined area Avithin the county of Cumberland, and to regulate same ; to regu­ late the sale of fish by Avholesalo or by auction in the said county; to amend the Ijocal Government Act, 1919, and certain other Acts; and for purposes connected thercAvith. [Assented to, 29th November, 1922.J

1 3 E it enacted by the King’s Most Excellent Majesty,

_ I J l)y and Avitb the advice and consent of tlie Legis- latiA'e Council and Legislative Assembly of Kcw South M'ales in Parliament assembled, and by the authority of the same, as follows ;—

1 . (1) This Act may be cited as the “ Sydney titi,-.

Corporation (Fish Markets) Act, 1922,” and shall be

read Avith the Sydney Corporation Act, 1902, as

amended by subsequent Acts.

(2) The Sydney Corporation Act, 1902, as so riindpaiAct.

amended is Inu’ein refeiTcd to as the Principal Act.

2 . In this Act, unless the context or subject-matter interprota-

otherwisc indicates or reejuires,— ‘

“ Council” means the Alunicipal Council of Sydney.

“ F ish” means and includes all or any of theef. Fisinries

. varieties of marine or fresh-water hshes and Crustacea or marine animal life, but does not include canned, salted, or preserved fish.

“ Sell”

1!J6 Sydney Corporation (Fish Markets) Act.

George V, “ Sell includes otl'crinii' for sale.

No. 39. “ The Kisheries A cts” means the Tlslieries Act, 1902, as amended by the Kisheries (Amend­ ment) Act, 1910, or any subsequent Act.

l*o\\ er to ]nir-	3 . Tlie council is hereby eni})owered to purchase tlie
Comniomvealtli

fliase assets of

i ’()-operati\ e

property and assets of the Commonwealtli Co-o[)erative

Kish l•ix(•lian,L.'‘o,

liim ited.

Kisii Exchange, Limited, and to sell, lease, or otherwise

dispose of the same.

Accniints.

4 . A separate account shall be kept by tin' council of all moneys received and expended by it in the exercise of the powers conferred by this Act, and such moneys shall be paid into and out of the city fund.

establish lisli

Power to 5 . (1) The council may, within the area deliued in

m arkets in

the Schedule, establish public markets for the sale of

tlie area

(letined in

fish, and may, subject to the provisions of the Kisheries

Schedule.

Acts and the regulations made thereunder, regulate,

control, and manage the same.

(2) Every such establishment shall be notified in the Gazette, and the production of a copy of the Gazette containing such notification shall be evidence that the place therein s})ccified is a public market.

(3) The provisions of sections two hundred and ninety, two hundred and ninety-one, two hundred and ninety-two, two hundred and ninety-three, three hundred and three, and Kart XX of the Local Government Act, 1919, shall not extend to any market established by the council under this Act, or to any fish therein.

Pish oidy to

be sold by 6. (1) Xo person shall sell fish by auction within the

au(-tion in

arcfl defined in the said Schedule exc('pt in a market

public

markets.

establislied by the council und('r this Act, or provided

aird controlled by the council of a raunicu'pality or shire.

(2) Xo person other than the original owner shall sell fish by Avliolcsale within the area defined in the said Schedule unless the fish has prf.'viously been sold by auction in one of the markets referred to in subsection one of this section. The onus of proving that the fish has been so sold by auction shall lie upon the person selling the fish by wholesale.

(3) Any person who commits a breach of the provisions of this section shall, upon conviction before a })olice c)r stipendiary magisti’ate or any two justices, be liable to a peualtv not exceeding fifty pounds.

‘ ■ (4)

Sydney Corporation (Fish Markets) Act. 197

(4) Nothini^ in this section shall apply to lish George V,

purchased From or sold hy or on helialf of the State

trawlers.

7 . The council shall not, nor shall any of the servants Coiuicii not

of tin' council, enya^'e either as ]>rincipal or ai^ent in the

business of buying or selling' fish. soiling iish.

8 . Any person for tlie tiini' being authorised under R ig h t of

the regulations made under the hisheries Acts, and I'or

the time heiim' in force, to sell lish by auction in any sdi mnior ~ ' ' I ' ■ 1 ■

mai'ket establislied hy the council, shall he entitled so to do upon payment of such fees as may he prescribed hy the by-laws made under this Act.

9 . (1 ) In addition to the ]>owers conferred hy the Rowoi-to

Principal Act, the council may make by-laws not inconsistent with the Pisheries Acts or the regulations

for the time being in force thereunder—

(a) regulating the use, h'tting, and occujiatiou of any market established hy the council under this A ct;

(h) regulating the conduct of persons using such markets, resorting thereto, or buying or selling therein ;

.

(c) preventing and sujipressing nuisances and enforcinu' cleanliness in and in connection Avith such markets, and for pi'oviding for and regulatimi: the storage, removal, treatment, and disposal of garbage, oifal, waste, and sewage ;

(d) iirescrihing _ how, when, and hy whom and

under what conditions and restrictions such markets, or any ]>art thereof, may he used and occLijiied ;

(e) defining the duties of officers and servants ;

(f)	providing for the inspection of fish and the seizure and destruction of diseased fish, or fish Avhich is unfit for human consumption, Avhich may he brought to or he in or about or he exposed or olfered for sale in such markets;
(g)	preserihing, levying, and collecting rents, tolls, fees, and charges for the use of such markets or any part thereof;
(h)	preserihing, levying, and collecting fee's for inspection of fish ;

(i)  generally for carrying into effect the provisions

of this Act. (2)

198                  Sydney Corporation (Fish Markets) Act.

George V, (2) Tlu' council mav bv anv such by-laws fix a

no. ov. maxinuini j)cnalty for every offence against such

by-laws, or any of them, not exceeding twenty pounds.

(3) Such by-laws shall—

(a) be a])proved by the (ioA'crnor;

(b) be published in the Gazette;

(c)

take effect from the date of such publication or from a later dat(> to be specified in such by-laAvs ;

(d)

be laid l)efore both Houses of Parliament within foiirt('en sitting days if Parliament is in session, and if not, then Avitliin fourteen sitting days after the commencement of the next session, i f either House of Parliament pass(‘s a n'solution of wbicli notice has been given at any time within fifteen sitting days after such by-laws have been laid before sueli House disallowing any by-law or part thereof, such by-law or part shall thereupon cease to have effect.

Recovery of	1 0 . An\" penalty" imposed bŷ this Act or by' any l)y-law made under the powers lu'rein conferred shall be recoverabbi in a summary' manner before a police or stipendiary magistrate or any' two justices.
penalties.

S C H E D U L E .

W ithi n the iTmnty of Cumlierland as fulhiws :— Comm encing a t higli-

Wiiter m ark mi tlii* eas t coast-line of the S ta te of N ew South W ales at Darrell joey : and hounded thence hv a line bea r in g generally westerly to the n o rthern ex trem ity of H aw k esb u rv I t iv e r railwnv Ijridge ; thenee

In’ th e G rea t N o rth e rn R a ilw ay line south-south-westerly to P en n an t

H ills rail wav s ta tion : thenee bv a line south-westerly to P a r r a m a t ta

ra i lw ay sta tion ; thenee south-easterly to L of tu s .Tunetion railway

s ta tion ; ihenei* easterly to H ack ing P o in t ; an d thence by th e east eoast-line aforesaid, an d lines crossing th e en trances of Hate Bay, Botany Bay, and P o r t .Jackson, generallv nor th e r ly to the point of comm encement.

VOLUNTARY