Sydney Harbour Trust Act 1900 (1901 No 1) (NSW)

A ct A'o. 1, 1‘JOl.

An Act to make better provision for and in connection witli the managem ent of the port —

of S ydney ; to establish and appoint tlie Sydney Harbour T rust Commissioners ; to confer on such Commissioners certain powers in relation to .such port, including*, among other powers, the power to levy and collect certain tolls, dues, rates, rents, and charges, and to purchase and resume lan d s ; to a est certain property in the said (Commissioners; and for purposes incidental to or consequent

on those objects, \ l l th Fehmary, 1901.]

it enacted by the Queen’s Alost Excellent Majesty, by and with Assembly of New South Wales in Parliament assembled, and by the

J A the advice and consent of the Legislative Council and Legislative authority of the same, as follows:— ,

'

PnKLr:uiXAKY—.s'.s. 1 io 4.

1. This Act may In* cited as the “ Sydney Harbour Trust Act, siiort title and

1900,” and shall come into force on the first day of November, one

thousand uiiu' hundred, hereinai'ter in this Act refma'ed to as ” tlie '

commencement of this Act. 2.

550   Act No. 1, 1901.

Si/dneij Harbour Trust.

Arrangement of Act. 2. The enactments hereinafter contained are arranged under Parts in the order following:—

PART J.—Co)istitiifion of the Sydney Harbour Trust Commission,

■ SS. h-lt). ' .

PART 11.—Officers, ss. 17-26.

I	PART III .—Property and powers of commissioners, ss. 27-67. PART IV.—Rates, dc., ss. 68-72.
■	PART V.—Finance, ss. 7.3-77. ̂ ,
PART VI.—Regulations, ss. 78-81. ■
PART VII.—Miscellaneous, ss.S2-lD^.

interpivtaticn. 3. In the ('onstruction of this Act, each of the following' expres­ sions shall have the meaning hereby assigned to it, unless such meaning is inconsistent with the context in which the expression occurs:—

“ Ballast ”—Includes every kind of stone, gravel, sand, and soil,

? and material commonly used for the ballasting of vessels.

, “ Buoys and beacons ”—Include all other marks and signs placed

for the purpose of navigation.

. “ Commissioners ”—Sydney Harbour Trust Commissioners consti­

tuted under this Act.

“ Goods ”—Includes wares, merchandise, and articles of whatso­

ever description.

“ Harbour-master ”—Includes assistant harbour-master.

, “ Master ”—Includes every person having lawfuly, or de facto,

’ ,

the command, charge, or management of a vessel for the

time being.

'	“ Owner of a registered ship ”—Includes any person who is the owner jointly with any other person or persons, or any joint stock company registered as the owner.
■' Owner ” when used in relation to goods—Includes any consignor, consignee, shipper, or agent for the sale or custody, loading or unloading of goods, as well as the owner thereof.
“ Private owner ”—Any person being the owner or occupier of land

other than the Crown or any Government Department.

“ River ”—Includes (*reek.

" Ship ”—Every description of vessel used in navigation not pro-

polled by oars.

. “ Shore ” means shore so far as the tide flows and reflows, between

f high and low water-marks.

“ Stipendiary magistrate ” includes a deputy; or acting stipendiary

magistrate. t . ____ The

Act No. 1, 1901.	551
Sydneif Harbour Trust.

“ The port ”—So much of the port of Sj'dney, the rivers falling’ into it vitli th<“ir tril)utaries, and the land on the margins thereof as is covered at mean liigh-water.

“ Vessel ”—Sliip, lighter, barge, boat, raft, craft, or vessel of

i whatever desc'ription and howsoever navigated.

“ Wreck ”—Includes jetsam, flotsam, lagan, and derelict.

, 4. The Acts described in Schedule One are to the extent th e r e in Repeal,

indicated hereby repealed. _

PART I. .....

. T h e C o m m is s io x .

: Const if Ilf ion of till' Coinniission.

5. There shall he IhriH' commissioners for carrying this Act into Commissioners

execution, who shall he a body corpoi’ate by the name of “ The Sydmy a body corporate. succession and a common stml, with power to take, purchase, sell, lease and hold lands, goods, chattels, and other projicrty, for the ])ur])oses of this Act, subject always to the resti’iihions herein contained.

6. All courts, judges, and ])crsons acting judicially shall t:ike seal of commis-

judicial notice of the incorjioration, and of the common seal of the Sydney Harbour Trust Commissioners, affixed to any deed, instrument, or writing, and shall ju'esume that such seal was jiroperly affixed thonho; and such deed, instrument, or writing, when sealed, whether such iustru- instrument or

ment or writing is rcipiii'cd to be smaled or not, shall be admissible in writing, sealed, .aii-

evidence for and against the said commissioners on the more ])roduction '"■'"“'’'R'

thereof, without any other or further proof of the making of such deed,

instrument, or writing.

7. Xo uncertificated bankruyit or insolvent shall be capable of naniu-upts, &c., not being a|)pointed a commissioner, and no commissioner who is declared to i>c or continue to a bankrupt, or who ayiplies to take the benefit of any Act for the relief

of insolvent debtors, or who compounds by deed or instrument in writing with his creditors, shall be capable of continuing a commissioner, and the office of siu-h commissioner shall tlno’enpon be vacant.

8. (1) The Covernor shall, as soon as (‘onvenieutiy practicable A])pointmont of

after the yiassing of this Act, ajiyioint threi' persons to be ‘‘ Sydney ™"»»>ssioners. after contained, shall each hold office for a term of seven vears.

“ (2)

552   Act Xo. 1, 1901.

Sydney Harbour Trust.

(2) On the occurrence of any vacancy in the office of a com­ missioner, the Governor shall appoint a person to the vacant office, whose term of office shall be for his predecessor’s unexpired term of office. All persons appointed under the authority of this section shall, at the expiration of their respective term of office, be eligible for re-appoint­ ment for a like term of seven years.

(3) In the case of the illness, suspension, or absence of any commissioner, the Governor may appoint some person to act as the deputy of such commissioner during such illness, suspension, or absence; and every person so appointed shall, while so acting, have all the powers and perform all the duties of such commissioner.

Tenure of office of 9. (1) A commissioner may be removed for misbehaviour or

commissioners. incompetence in the following manner:—

{a) A commissioner may be suspended from his office by the Governor for misbehaviour or incompetence, but shall not be removed from office except as hereinafter provided. The Minister shall eettse to be laid before Parliament a full state­ ment of the grounds of suspension within seven days after such suspension if Parliament be in session and actually sitting, and when Parliament is not in session or not actually sitting within seven days after the commencement of the next session or

sitting. ,

{b) k. commissioner suspended under this section shall be restored to office unless each House of Parliament shall within twenty- one days from the time when such statement shall have been laid before it declare by resolution that the said commissioner ought to be removed from office, and if eacla House of Parlia­ ment shall within the said time so declare, the said commissioner shall be removed by the Governor accordingly.

Office how otherwise 10. A commissioner shall be deemed to have vacated his office,—■

vacated.

(a) if he shall engage, during his term of office, In any employ­ ment outside the duties of his office;

{b) if he shall become insolvent, or apply to take the benefit of any Act now or hereafter to be in force for the relief of insolvent debtors, or shall compound with his creditors, or makes an assignment of his salary for their benefit;

(c) if he shall absent himself from duty for a period of fourteen consecutive days, except on leave granted by the Governor (which leave he is hereby authorised to grant), or shall become incapable of performing his duties.

[d) If he shall become in any way concerned or interested in any contract or agreement made by or on behalf of the commis­ sioners; or shall in anywise participate, or claim to be entitled to participate in the profit thereof, or in any benefit or emolu­ ment arising therefrom.

Act No. 1, 1901.	553
Sydney Harbour Trust.

11. One of such tlii'ee comniissionei’s shall ho appointed hy the President.

Governor as ])residont, and on tlie oeenrrenee of any vaeaney in the office of president the Governor shall appoint a person to fill that office.

12. The commissioners shall receive the following salaries, viz.:— Salaries of

(1) the president, two thonsand ])onnds per annum;

(2) each of the other commissioners, one thousand ifonnds ]X'r

annum.

All such salaries are hereby charged on the Consolidated Kevenne Fund; and such fund, to the extent required for th.e ]>ayment of such salaries, is hereby permanently appropriated.

13. For the condne-t of business any two commissioners shall he Quorum,

a quorum, and subject to the enactment next following, shall have all

the powers and authorities by this Act vested in the commissioners.

14. Tf. at any meeting at which two cojumissioners only are Procedure on

present, such commissioners shall differ in opinion u])on any matter, the ‘*‘*•'='’̂ “00 of opinion,

determination of such matter shall be post])on(‘d until all the (,‘om-

nissioners are pre;?ent.

15. No act or proceeding of the commissioners .shall he invali-Acts of commis-

d.ated or prejudiced by rt'ason only of tjie fact that at the time when dated\y’vucaVcŷ ̂

such proceeding or act was taken, done, or commenced, there was a

vacancy in the ofiice of any one commissioner.

16. Idle, commissioners shall keep minutes of their proceedings Minutes of procecd-

in such manner and form as the Governor shall direct.

PART IT. ' ' ■ •

. O f f i c e r s .

. 'Adiuhilstrative and other officers.

17.               (1) A secretary and staff of clerks and so many engineers. Administrative and

surveyors, inspetdors, accountants, colletdors, clerks, rangers, and such

“fficurs-

other officers and servants its may b(' considered necessary for the due administration of this Act shall be appointed by the Governor on the nomination of the commissioners and shall not be removed except on the recommendation of the commissioners.

Such persons so to be appointed shall be subject to the sole control and governance of the commissioners.

No person so appointed shall be permitted to engage in any employment other than in connection with the duties of his office without the sanction in writing of the commissioners;

The provisions of the Public Service Act of 1895, and any Acts

amending the same, shall not apply to any person appointed under this

section: Provided that nothing herein contained fihall affect the rights

accrued

6bi	Act No. 1. 1901.
Sydney Harbour Trust.

accrued or accruing under the said Acts to any public servant wliose services are transferred to the commissioners, and such public servants may continue to (‘ontrihute to the superannuation account and shall be entitled to receive any payment, pension, or gratuity as if they were officers within the meaning of those Acts: Provided that all appoint­ ments at daily or weekly wages shall lie in the sole power of the commissioners.

Officer taking fees

to lose his office and (2) If any such secretary, treasurer, clerk, engineer, surveyor,

forfeit £.')0. collector, or other officer, exacts, takes, or accepts on account of anything done by virtue of his office, or in relation to the functions of the com­ missioners any money hy way of fee or reward whatsoever other than his fixed salaiy, or allowances, or is in anywise concerned or interested in any bargain or contract made hy or on behalf of the commissioners, otherwise than as a member only (but not as a director or officer) of any, company, he shall be incapable of being afterwards employed in any such office, and shall forfeit the sum of fifty pounds; and any person may sue for such ])enalty by action of debt in the Sipireme or District Court, and shall on recovery thereof be entitled to full costs of suit.

Commissioners to	(3) Before any such officer intru.sted with the custody and
take security from

officers intrusted

control of moneys enters u])on his office, the commissioners shall take

with money.

such sufficient security for the faithful execution of his office as may be

determined by the Minister.

Officers to account.

18. Every officer appointed or employed under the authority of this Act shall, when required by the commissioners, make out and deliver to tliem, or to any person appointed by them for that purpose, a true and faithful account in writing under his hand of all the money’s received by him on behalf of the commissioners; and such account shall state how, and to whom, and for what purpose, such moneys have been disposed of, and, together with such account, such officer shall deliver the vouchers and receipts for such payments; and every such officer shall pay to the commissioners, or to any person appointed by them to receive the same, all moneys which appear to be owing from him u])on the balance of such account.

Summary recovery

against persons

19. (1) If any officer fails to render such account, or to produce and deliver up all the vouchers and reecipts relating to the same in his possession or power, or to pay the balance thereof when required; or if, for five days after being required, he fails to deliver up to the com­ missioners, or to any person appointed by them to receive the same, all papers and writings, property, effects, matters, and things in his possession or power relating to the execution of this Act, or belonging to the commissioners, then, on complaint thereof being made to a justice, such justice shall summon such officer to appear before a stipendiary magistrate at a time and place to be set forth in such sum­ mons to answer such charge, and upon the appearance of such officer,

failing to account.

or

Act No. 1, 1901.	556
Sydii(‘/i Harbour Trust.

or in his absence, upon proof that such summons was personally served

upon him, or left at his last-known place of abode, such stipendiai'v

magistrate may hear and detei’iiiine the matter in a summary way, and

may adjust and dcv'lare tlu' hahiuce owing hy such officer; and if it

appears (>itluM' upoji confession of such officer, or upon evidence, oi’ upon

inspeedion of the account that any moneys of the commsisioners are in

the hands of sucli officer, oi' owing by him to the commissioners, such

stipendiary magistrate may order such offender to pay the same, and, it	,
]i(> fails to pay the amount, such sti])endiary magistrate may grant a warrant to h'vy the same l)y disti'ess, or for default of sufficient distress to satisfy the same may gi’aut a warrant to commit the offender to gaol, for any ])eriod authorised l)y law.

(i f) If any offican- on being so brouglit l)efore such sti])endiary Penalty on officer

magistrate and being rc(|uii'cd so to do refuses to make out any sucli account in writing, or to |)roduc(‘ and deliver to the stipendiai'y magi­ strate the several vonduu-s and i-ec<‘i])ts relating theiado, oi' to deliver up any books, papeu's, oi- writings, projierty, cdfects, matters, or things in his ]H)ssession or power or bc'longing to tlu' (‘omniissioners, such sti])endiary magistrate may commit such offender to gaol until he has iiiade out such account or dclivcua'd u]) such vouchers, recei])ts, books, )upers, writings, jiroperty, (dTects, mattei's, and things:

(f!) Provided that if any coinmissionei’, oi' otlnu' person acting Warr.uit may be

on belialf of the commissionei's, makes oath that he has good r(uisoii

to believe ni)on gronnds to l)e stated in his deposition, and does believe, absconding officer,

that it is th(‘ intentiori of any such officer to abscond, or that h(‘ has

absconded, it shall be lawful for the justice bid'ore whom the complaint

is made, instead of issuing his summons, to issue his warrant foi’ bring-

■

ing such officer before a stipendiary magistrate as aforesaid, but no person executing such warrant shall keep suc-h offi(‘er in custody longer tlian forty-eiglit hours witliout bringing liim iK'fore a stij)cndiary magi­ strate as afore.said; and it shall be lawful for the said magistrate cither to discharge such officer, if he thinks there is no sufficient ground foi- his detention, or to order such officer to be detained in custody until the determination of the com])laint, unless such officer gives l)ail to the sati.sfaction of such magistrate for his appearance to answer the coni- ])laint.

( 4 ) No such proceeding again.st, or dealing with, any such Commitment not to

officer a.s aforesaid shall deprive the commissioners of any remedy whi:‘h r̂eties,

they might otherwise have against any surety of such oflRcer. .

Port offterrs,

20.              The (lovernor, on tlu‘ nomination of tiie commissioners, may Power to appoint

appoint such fit and propei- persons to be hai’bour-master and assistant ass'istanTbâ ^̂ ^̂

harbour-masters for the i>ort, and such other officers as may be thought masters, &c.

necessary,

556   Act No. 1, 1901.

Sydney Harbour Trust.

necessary, and on the recommendation of the commissioners may remove such harbour-master, assistant harbour-masters, or other officers; and such harbour-master and each of such assistant harbour-masters shall when acting be the port officer, or harbour-master of the port within the meaning of this Act, in the exercise of the powers conferred upon sucli port officer or harbour-master by any Act now in force when not inconsistent with this Act:

The pi’ovisions of the Public Service Act of 189,̂ , and any Acts amending the same, shall not apply to any persons appointed under this Section: Provided that nothing herein contained shall affect the rights accrued or accruing under the said Acts to any public servant whose services are transferred to the commissioners, and such jiublic servants may continue to contribute to the superannuation account and shall be entitled to receive any payment, pension, or gratuity as if they were officers within the meaning of those Acts.

Powers of harbour­ 21. It shall be lawful for the harbour-master to give directions For regulating the time and manner in which any vessel shall enter into, go out of, or lie in the port, and the position, mooring, or unmooring, placing, or removing of any vessel within the same:

master. for all or any of the following purjioses (that is to say) : —

For regulating the manner in which any vessel shall take in or discharge cargo or any part thereof, or sliall take in or deliver ballast:

.

Provided that it shall not be lawful for such harbour-master to direct that any vessel shall lie or be within any part where any Statute directs that no vessel shall lie or be, or to unmoor or remove from any paid of the ])ort duly appointed as a boarding, landing, or quarantine station any vessel moored or placed there under the authority of the Colonial Treasurer, or to moor or place any vessel alongside any (juay, custom­ house, station, or other place appropriated to the service of the customs.

Pcnnlt}’ on not

complying with	22. The master of every vessel within the port shall regulate such formity with this Act; and any master of any vessel who, after the service on him of a notice in writing signed by the harbour-master, does not forthwith regulate such vessel according to such direction shall be liable to a penalty not exceeding five pounds.
directions of llie	vessel according to the directions of the harbour-master made in con­
harbour-master.
Power of harbour­
masters to remove	23. If the master of any vessel within the port does not moor, unmoor, place, or remove such vessel according to the directions of the harbour-master in writing given to the said master, it shall be lawful for the harbour-master to cause such vessel to be moored, unmoored, placed, or removed according to the directions aforesaid, and to employ a sufficient number of persons for that purpose, and the expenses attending such mooring, unmooring, placing, or removing shall be paid hy the master of such vessel.
vesseU.

Act No. 1, 1901.	oo7
Sydney Harbour Trust.

24. If any maKtor of any vessel within the port or any person on Penally on master

board the same liinders the harbour-master or any person emitloyed

by lum in mooring, unmooring, placing, or removing such vessel in harbour-maste'r.

ma/mer aforesaid, such master or other person shall forfeit on conviction

for every such offence a sum not exceeding five pounds.

25. If any master or other jiersoii on board any vessel moored or Harbour-master ma

fastened within the port does not upon demand of the harbour-master unloose or slacken the rope or chain by which such vessel is moored or fastened, or if there is no person on board of any such vessel so moored or fastened, it shall be lawful for the harbour-master to unloose or slacken the rope or chain by which such vessel is so moored or fastened as aforesaid, and to cause, if necessary, a sufficient number of ])ersons for the protection of the same to be put on board such vessel, and all expenses thereby incurred shall be paid by the master of sudi vessel.

Actions against officers.

26. All actions to be lu'ought against any ])erson for anything Actiona against

done under this Act shall be commenced within six months after the officers.

act complained of was <‘ommitted, and no writ shall be sued out against, ,

and no (“0 ])y of any process shall be served u])on any person for anything	\
done hy him under this Act, until notice in writing of such intended writ
or process has been delivered to him, or left at his usual place of abode,	.
by the agent or attorney of the party who intends to cause the same to be sued out or served, at least one month before the suing out or serving of the same. Such notice shall clearly and explicitly set forth the nature of the intended action and the cause thereof, and on such notice shall be endorsed the name and place of abode of the party intending to bring such action, and the name and place of business of bis attorney or agent.

The defendant in every such action may plead the general issue Defendant may

and at the trial thereof give this Aid and the special matter in evidence. pieaJ general issue.

No plaintiff shall recover in any such action if tender of sufficient amends has been made before such action was brought, or if a sufficient sum of money has been paid into Court after the commencement of such action l)y or on behalf of the defendant.

And if the matter or thing complained of appears to have been done under the authority and in execution of this Act, or if any such action is brought after the time limited for bringing the same, or such notice has not been given as aforesaid, the jury shall find or judgment shall be given for the defendant.

PAET

558   Act No. 1, 1901.

S/jdney Harbour Trust.

PAKT III. .

P r o p e r t y a n d p o w e r s o p c o m m is s io n e r s .

Vesting of property and general powers.

Lands &c., vested in	27. There sluill be vested in tlie commissioners upon trust for the purposes of this Act the bed and shores of the waters of the })ort, all land now vested in the Government within the boundaries of the port, and the lands resumed, purchased, or reclaimed by the Crown in connec­ tion with or used for wharfage juiriioses as described in Schedule Two, together with all light-houses, light-shi])s, leading lights and marks, beacons, wharfs, cranes, engines, dredges, tugs, shipping apjiliances, and all other the jiroperty of the Crown subject to the interest of any persons in such land existing at the time of the passing of this Act:
commissioners.
Provided that the Governor may at any time vest in the com­ missioners any further lands the property of the Crown, deemed to be necessari^ and may remove from the commissioners such lands as may be found to be unnecessary for the purpose of carrying out the provisions of this Act.
I^ands withdrawn to	28. Upon the publication in the Gazette of a proclamation with­ drawing any lands from the commissioners under the provisions of the next preceding section, the lands so de.scribed shall vest in the jiersons who would be entitled to the same and subject to the like limitations, powers, and authorities as if this Act had not ]iassed. For the juirposes of this section, the word “ persons ” shall be deemed to include the Crown, or any ])erson or corporation entitled to hold land on behalf of the Crown.
vest in original
owners.
L''ases and licenses	29. No lease or license in force at the commencement of this Act of, or relating to, any Crown land hereby vested in the commissioners, shall be in any manner affected by this Act. Any moneys payable after the said commencement, as the rent reserved in resjiect of any such leases, may be recovered by the commissioners.
e.xisting at time of
passing of this Act.
At the expiration of the term of any of the said leases or licenses, it shall be lawful for the commissioners to renew or deal with such leases or licenses on such conditions and terms as they may deem tit.
When the renewal of any such lease is refused, the commissioners shall pa.\' the leaseholder such compensation for improvements as has been reserved by the lease.
Reclamation.	30. (1) The commissioners, with the ajiproval of the Governor, may, on the ap])lication of the proprietor in fee simple of land having frontage to the ]>ort, authorise such ])ro])rietor to reclaim any ]>art of the port adjoining theretp:
Provided that no such reclamation shall be authorised which may interrupt or interfere with navigation:
- - . ; -■ Provided

Act No. 1, 1901.	559
Sydney Harboui' Trust.

Provided also that tlie ai)i)lication to reclaim siiall he ])uhlished once a week in the (iazetle and in some daily news])a])er puhlislied in Sydney for four consecutive weeks before sucli authority for reclama­ tion is given, during which time any juM'son may lodge a caveat witli the Secretary for Lands against tlie giving of such autiiority, and all such caveats shall be considered before the required apiiroval of the Oavnraor is given.

The commissioners in giving such authority to r(‘claim may give the same, subject to such terms and conditions as may aiqu'ur desirable in the public interest, and in particular to the condition that, if such land or any ]iortion tluu'cof is resumed by the commissioners, no other conqieusation shall be iia\ abh“ than the value of any inqiroveinents iqiou the lauds resumed, effected with the written a])proval of the commis­ sioners first had and obtained, together with a repayment of the purchase mon(‘y and of the cost of reclamation, or if the land resumed be a portion only of tlu' land reclaimed, of a fair piaqiortion of such purchase money and cost as aforesaid.

(2) In any ease where such authority is given the Land Board

for the ]V1etro])olitan District shall (subject to appeal by the applicant or the commissioners to the Land Apiieal ('ourt in the manner pre­ scribed by the Crown Lands Acts) a]q>raise—

(u) the amount by which the value of the whole holding will he enhanced, by reason of the land to be reclaimed having been reclaimed and being held and enjoyed with the land held in fee simple; and

(b) the amount of the estimated i-ost of the reclamation;

and the excess (if any) of such first-mentioned amount ovei‘ such last- mentioned amount shall, within three months after a notice in the (!azett(‘ calling for the same has been ])ui)lished by the commissioners, be paid by the applicant to the commissioners, and in default of such liayment the authority to reclaim may be declared to have lapsed, and the same shall thereiqion become void and of no effect.

(d) The apjilicant shall, within such period as may be allowwl for the ))ur])ose, conqilete the reclamation to the satisfaction of the commissioners, and upon the due completion thereof, the commissioners shall convey and assure to the applicant the land so reclaimed. Tlu' convi'yance shall embody the terms and conditions subject to which the authority was given, or such of them as require to bo so embodied.

(4) If the reclamation be not completed to the satisfaction of the commissioners, or lu* not so completed within the aforesaid ])eriod, the commissioners may, by notification in the Gazette, declare the right to iiurchase the land, together with all moiu'ys jiaid thereon, to be for­ feited, and the same shall be<;ome forfeit accordingly; and upon such forfeiture the said authoiity to reclaim shall becoipe ypjd and of uo

: _ .. . . ............................ - „ _____ effect,

550   Act No. 1, 1901.

Sydney Harbour Trust.

effect, and any land which may have previously been reclaimed under such authority shall revert to the commissioners, freed and discharged from any right or claim of the applicant or any other person in or to the same.

Disputes toberetilcd	31. All disputes between the commissioners and the Railway Commissioners, or any other Department of the Government, with respect to any such property, shall be referred to the Minister, whose decision shall be final and binding on all parties.
by Minister.
Commissioners to do	32. It shall be the duty of the commissioners, according as they may think necessary, to dredge the port and keep it in fit and proper condition for navigation, and to prevent any filling or silting up of the channels or other waterways of the port: Provided that no dredging or deepening shall be performed within sixty feet of any private wharf,
certain work.

. unless the owner thereof pays the expense of such dredging or deei)en- ing, except the dredging of deposits from stormwater channels.

The commissioners shall keep or cause to be kept in fit and proper condition all public wharfs and quays, and dredge and deepen the port fronting the same, so as to be fit and serviceable for the mooring of vessels, and for the loading and discharging of the cargoes thereof, and also keep in proper order and condition all other property vested in them.

Management of port 3 3 , The exclusive Control of the port and of the shipping, light-

fn tĥ com̂is-'̂ **̂ *̂ liouses, liglit-sliips, leading lights and marks, buoj^s, beacons, moorings,

sioners. wliarfs, docks, piers, jetties, ferries (except the steam-punt running

from the Spit in Middle Harbour), landing-stages, slips, or platforms, and the preservation and improvement of the port generally, are hereby vested in the commissioners.

Mooring-chains

vested in com*	34. All mooring-chains laid down within the port and being the property or under the control of any Government department shall be transferred to and the property in the same is hereby vested in the commissioners, and the commissioners are hereby required to maintain the same in good order and repair, and also to remove the same to other more convenient situations, and to lay down additional mooring-chains as and when they may think desirable.
missioners.
No mooring-chains
to be laid down	35. After the commencement of this Act no mooring-chains shall previously obtained; and every such mooring-chain so ])ut down or placed shall be so continued only during the pleasure of the commissioners; and the commissioners may at any time, by giving one week’s notice in writing, require such mooring-chains to be removed; and in case default is made in complying with such notice, such mooring- chain may be treated by the commissioners as a public nuisance, and removecj accordingly.
without permission	be put down or placed within the port without the permission of the
ofthecommî sjoners.

....... 36.

Act No. 1, 1901.	561
Sydney Harbour Trust.

36. The commissioners may agree with any person being the Commissioners may

owner of any private mooring-chains for the purchase of such mooring-

private

mooring-chains.

chains, and may pay to such fjerson such purchase-money or compensa­

tion as may he agreed upon.

Resumption and purchase of lands.

37.              (1) It shall be lawful for the commissioners, subject to the Commissioners may

approval of the Governor, and subject to sufficient funds for the purpose

resume lands.

being voted by Parliament, but without further or other authority than this Act, to resume any wharfs, jetties, lands, buildings, enclosures or premises, which may be required for the purpose of harbour improve­ ments and for the development of trade (such lands not being the property of the Crown) in accordance with the provisions hereinafter mentioned. The commissioners shall have power to enter upon and survey any lands within their jurisdiction.

(2) Tlie commissioners shall cause a notice of the resump-Service of notice,

tion of any land required by them for the purposes aforesaid to be published in the manner provided in the Act forty-fourth Victoria num­ ber sixteen.

(3) Upon the publication of such notice, the land therein Lands vested on described shall for the purposes aforesaid, and subject to the provisions service of notice, of this Act, be vested in the commissioners for an absolute estate in fee

simple in possession, freed and discharged from all trusts, obligations, estates, interests, contracts, charges, rates, rights of way, or easements whatsoever.

(4) The owner of any portion of lands resumed, or the person Compensation for

who, but for the provisions of this Act, would have been such owner, shall be entitled to receive compensation for the land so resumed, and the amount of such compensation shall be ascertained in accordance with the provisions of the Lands for Public Purposes Acquisition Acts, being the Acts of the forty-fourth Victoria number sixteen, and forty- fifth Victoria number twenty-six. For the purpose of ascertaining and dealing with such compensation, and for other purposes subsidiary thereto, the enactments hereinafter specified are declared to be incor­ porated with this Act, viz.;—

{a) As to conversion of the estates of owners of lands into a claim to compensation,—Section eleven of the Act forty-fourth Victoria number sixteen.

{h) As to notice of claim for compensation and abstract of title,— Section twelve of the Act forty-fourth Victoria number sixteen, and First Schedule thereto, as amended by section three of the Act forty-fifth Victoria number twenty-six.

(c) As to procedure after receipt of notice of claim, and the institu­

tion of proceedings in the Supreme Court,—Sections thirteen

, and fourteen of the Act forty-fourth Victoria number sixteen.

2 N {d)

m2	Act No. 1, 1901.
Sydney Harbour Trust.

■ ' (d) As to the nature of the issue in actions for compensation, verdict and costs, the payment of compensation, the mode of assessing compensation, and the obligation of the party claiming payment to make out a title,—Section two of the Act forty-fifth Victoria number twenty-six, section sixteen of the Act forty-fourth Vic­ toria number sixteen, and section twenty-four of the Public

.	Works Act of 1888, except that the interest payable under the said section sixteen shall be four per centum instead of six
per centum. '

(e) As to procedure on registration or transfer,—Section twenty- four of the Act forty-fourth Victoria number sixteen.

And in order to carry out the intention of this section the words “ this Act ” whensoever occurring in any of the sections so declared to be incorporated herewith shall be held to include this present Act, and the words “ under the sixth section of this Act ” in section twenty-four of the Act forty-fourth Victoria number sixteen shall be held, for the like purpose, to refer to this present section of this Act, and the words

The Constructing Authority ” shall be held to refer to the com­ missioners.

incorporatiqn of (5) The several sections of the Public Works Act of 1888,

Act“̂ specified, together with the respective powers, authorities,

o 1888.

duties, liabilities, obligations, and other the provisions therein contained gre hereby declared to be incorporated with, and embodied in this Act to the intent that the same may be applied as fully and effectually to, and in respect of, the lands resumed by this Act as if the said sections had been specifically enacted herein: Provided that, wheresoever in any

'

section so incorjmrated the words “ Constructing Authority ” occur, there shall, for the purposes of this Act, be substituted in lieu of such words the expression “ commissioners the expression “ authorised work,” wheresoever occurring in any such section, shall be held to refer to the work authorised by this Act; and the words “ this Act ” shall similarly be held to refer to this present Act. The following are the sections of the said Public Works Act so declared to be incorporated herewith—

(a)	As to the deposit of compensation money in certain cases with the Master in Equity, and the application and investment there­ of; as to payment of such money in certain cases to trustees, or to the parties themselves, the exoneration of the Minister in respect thereof after payment, the presumption of ownership, and the payment of costs,—Section sixty-two to seventy-two, both inclusive.
(h)	As to the procedure by the Minister in case the owner or occupier of any lands resumed by this Act shall refuse to give up posses­ sion thereof, or hinder the Minister from entering upon, or taking possession of the same,—Section seventy-seven.

io)

Act No. 1, 1901.	563
Sydney Harbour Trust.

(c)	As to the purchase or redemption of the interests of mort­ gagees, and the deposit of principal and interest due on mort­ gages with the Master in Equity, the procedure to be observed when the mortgaged lands are of less value than the mortgage debt, and where part only of lands in mortgage is taken,— Sections eighty-one to eighty-six, both inclusive.
(d)	As to the release of lands from rent charges and other incum­ brances, and the procedure thereon,—Sections eighty-seven to ninety, both inclusive.
(e)	As to the apportionment of rent where lands so resumed are taken under lease, and as to compensation to tenants,—Sections ninety-one to ninety-four, both inclusive.

38.              In addition to the power of resuming land conferred by the Power to purchase

last preceding section the commissioners may purchase from any person poge* ô thiŝ lct'

who may be willing to sell the same in fee simple, or for any less estate

or interest, any land which the commissioners may require for any of the

purposes aforesaid, subject to the approval of the Governor, and pro­

vided that the necessary funds are voted for the purpose by Parliament.

Miscellaneous powers in regard to land.

39. All lands vested in the commissioners by this Act, or which Lajids vested in

may hereafter be purchased or acquired by them pursuant to this Act, pumissioners free

shall be exempt from any land tax and any rate or tax which the

council of the city of Sydney or any municipal council might but for this

section have im]fosed or levied thereon; but nothing herein shall ])re-

clude the council of the city of Sydney or any municijmlity from levying

and collecting rates upon houses and buildings erected on such lands and

leased and occupied for private ])urposes and by persons other than

the commissioners or their officers and Servants.

40. The commissioners may contract for the lease of, and may Powers to lease

lease for such considerations as they may deem reasonable, any super­ fluous lands in such manner as they may deem most advantageous; and such contracts and leases shall be valid and effectual to all intents and pur230ses.

41. The commissioners may grant leases of any land v'osted in Lands vested may them by this Act upon such rent reserved and such conditions, and for errtaî ‘'purp‘oses. such term, not exceeding twenty-one years, as they may think fit, as yards

or sites for ship building, boat building, storing of timber, storing of coal, storing of merchandise or other property, and erection of work­ shops or foundries connected with shipping.

_ 42. Mdienever the commissioners during the currency of the term Pow-r of com-

ot any existing lease or license to occupy any of the laud vested in them, ^

or of any lease granted by them under the authority of this Act, desire' land the subject of a

to take possession of the said land or any part thereof, they may serve

, on

564   Act No. 1, 1901.

Sydney Harbour Trust.

on the person to whom the lease or license has been granted, his heirs, executors, administrators, or permitted assigns, and in the manner prescribed herein for the service of a summons, a notice that they require possesssion; and if within three months from the service of the notice possession is not given to the commissioners, or their agents, the commissioners may issue their warrant to the Sheriff requiring him to deliver possession of the land, whereof possession is so required, to the person appointed in the warrant to receive the same, and, upon receipt of such warrant, the Sheriff shall deliver possession of the land accord­ ingly, and expel and remove therefrom all persons then in possession without any legal process whatsoever, and as effectually as if he were acting under a writ of habere facias possessionem issued on judgment in ejectment, and the costs accruing by reason of the issuing and execution of the warrant shall be settled by the Sheriff, and shall be paid by the person failing or refusing to give possession; and the amount of costs so settled shall be deducted and retained by the commissioners from the compensation, if any, payable for dispossession under the powers herein­ after contained; or if no such compensation is payable, or if the amount of the said costs exceeds such compensation, the said amount or such excess if not paid on demand shall be levied by distress, and upon appli­ cation to any justice for that purpose he shall issue his warrant accord­

ingly. ^

Commissioners to	43. "Whenever any lessee or licensee, his executors, adminis­ trators, or permitted assigns, is or are dispossessed under the powers by this Act conferred on the commissioners, the commissioners shall pay to him or them compensation therefor, and the amount thereof shall be settled in the manner prescribed in the Lands for Public Purposes Acquisition Act, and any Act amending the same.
pay compensation
for dispossessing.

Work to be done and duties to be performed by the commissioners.

Works to be carried 44. All works Constructed and carried out under the provisions

out by commissioners shall be constructed and carried out by the commissioners.

Funds for purposes

45. All works constructed under the provisions of this Act, and all salaries ])ayable under this Act, and all expenses of carrying out the provisions of this Act, shall be paid for by money voted for that purpose by Parliament. And such works may be carried out subject to sufficient funds being voted by Parliament, but without further or other authority than this Act.

of Act.

construct wharfs,

Commissioners may

46. (1) The commissioners may construct and enclose any wharf, (2) They may also authorise the construction of any wharf, dock, pier, jetty, landing-stage, slip, or platform, tramway, railway, or hoisting cranes, shears, or engines, on such waterside frontages or on such land as may be subject to any lease or license granted by them.

sheds, &c.

dock, pier, jetty, landing-stage, slip, or platform, or remove, alter, or

repair the same.

, (3)

Act No. 1, 1901.	565
Sydney Harbour Trust.

(3) They may construct such depots and sheds for tlie recep­

tion of goods, and may construct and erect such steam-engines, cranes, hoisting and weighing machines, and other apparatus for facilitating the loading and discharging or the masting or unmasting of vessels or the testing of chains and anchors, and provide such other conveniences upon or near the wharfs, docks, piers, jetties, landing-stages, slips, or platforms as they may think expedient for the trade of the port, and may make reasonable charges for the use of any such depot, sheds, steam-engines, cranes, hoisting and weighing machines, and other such apparatus and conveniences as aforesaid.

47. (1) The commissioners may, for the purpose of maintaining Commissioners

and improving the navigation of the rivers and channels within the port, a™dgI,'’cieanL, and

dredge, cleanse, and scour the said rivers, and alter, dee])en, cleanse, scour rivers, c&c.

scour, dredge, cut, enlarge, and otherwise alter and improve the bed of

the said rivers and channels; and may reduce or remove any banks or

sboals whatsoever within the said rivers and channels; and may abate

and remove all impediments, obstructions, and annoyances, and all

nuisances and abuses wbatsoever in the said rivers and channels, or on

the banks and shores thereof, which may now or at any time hereafter

be injurious to the said rivers and channels, or obstiuict, or tend to

obstruct the free navigation thereof: Provided that nothing herein

contained shall extend to any sewer duly authorised and constructed

by any department of the Government.

(2) They may remove, scour, and take away any shoal, mud- Power to remove any

bank, or other accumulation which impedes the navigation of the port, mud-bank, or

and may shorten any bend or remove any angle m tlie course ol tlie port, and shorten rivers within the port. bends of the nver.

(3) They may cut the Itanks of the rivers within tin; port Banks may be cut.

for the ]mrpose of making, enlarging, or repairing any dock or canal, or any drain, sewer, or water-course, or altering, laying down, or repairing any suction or other pipe, or for any other purpose whatsoever, and may authorise any person to cut the banks for any of the purposes aforesaid, under such restrictions and upon such terms and conditions as they may think proper to impose.

(4) They may place and lay down or take up within the port Buoys and beacons,

such buoys and beacons as may be necessary and convenient for the navi­

gation of the port.

48. The commissioners may enter, by their corporate name, into Commissioners may

contracts with any persons for the execution of any work authorised by	contracts, &o.
this Act to be done by them, or which they may think proper to do, or to direct to be done, under or by virtue of the powers conferred by this Act, or for furnishing materials or labour, or for providing projter engines or other power, or for any other matters and things whatsoever necessary for enabling them to carry the purposes of this Act into full

and

566   Act No. 1, 1901,

Sydney Harbour Trust.

and complete effect, in sucli manner, and upon such terms, and for such sum of money, and under such stipulations, regulations, and restrictions as they may think proper.

Contracts by the •	49. The powers hereby granted to the commissioners to make con­ With respect to any contract which if made between private persons would be by law required to be in writing and under seal, the commissioners may make such contract in writing in the cor­ porate name of the commissioners under their common seal, and in the same manner may vary or discharge the same.
commissioners how

to be entered into. tracts may lawfully be exercised as follows (that is to say) :—

With respect to any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith, the commissioners may make such contract in writing in the corporate name of the commis­ sioners signed by the secretary and by any two of the commis­ sioners, and in the same manner may vary or discharge the

same. .

And all contracts made according to the provisions herein contained shall be effectual in law, and shall be binding upon the commissioners and all other parties thereto, their successors, heirs, executors, or adminis­ trators, as the case may be; and on any default in the execution of any such contract, either by the commissioners or by any other party thereto, such actions or suits may be brought either against or by the commis­ sioners in their corporate name as might be brought had . the same contract been made between private persons only: Provided that no contract, the amount whereof exceeds five hundred pounds, shall (except in cases of emergency) be made, except after public tender of which public notice shall be given, but the commissioners shall not be bound to accept the lowest tender.

Commissioners may

compound for breach	50. It shall be lawful for the commissioners, with the approval of the Minister, at a meeting specially called for that purpose, of which meeting three days’ notice shall be given, to compound and agree with any person who has entered into any contract in pursuance or under the authority of this Act, or against whom any action or suit has been brought for any penalty contained in any such contract or in any bond or other security for the performance thereof, or for or on account of any breach or non-performance of any such contract, bond, or security for such sum of money or other recompense as the commissioners may think proper.
of contracts.
Commissioners may	51. The commissioners may appropriate particular wharfs, docks, tively to the use of steam vessels, either exclusively or in conjunction with sailing vessels, or to the use of any vessels engaged in particular trades, or to the use of any other vessels or class of vessels, or under any other circumstances which may render such appropriation ex­
grant exclusive
right to portions of	piers, jetties, landing-stages, or platforms, or portions thereof respec­
wharfs, &c.
pedient, 524

Act No. 1, 1901.	667
Sydney Harbour Trust.

52. The commissioners may, upon sucli terms and conditions, and Powers to set apart

upon payment of such rents or other sums of money, and subject to such fjj“/speTiaf

restrictions and regulations as they may think proper, lease or set

apart and appropriate any i)articular portion of any tvharf, dock, ])ier,

jetty, landing-stage, or platform, shed, warehouse, or other works, with

the apx'endages thereunto, for the exclusive accommodation of any

jierson engaged in carrying on any particular trade who is desirous of

having such exclusive accommodation for the reception of the vessels

and goods lielonging to or enn)loyed and conveyed hy them. Ail ])ersons

to whom such exclusive accommodation as aforesaid is afforded, and

their vessels, crews, and servants, and other persons employed hy them

or under tluhr control, shall he subject to regulations to he made hy the

commissioners,

53. No person shall add to or alter any wharf, dock, pier, jetty, Ko erection without

landing-stage, slip, or other work now being upon the hod or shore of the poi’t, or shall erect, build or make any embankment, or any erection, building, or work in or upon the bed or shore of the port, or drive any piles thereon or therein without the license of the commissioners,

54. The commissioners, subject to such restrictions as the ̂ _

Governor may think fit, upon the payment of a fair and I’OJnsonable Ĵ̂ p̂ vereTtô grant

consideration, and subject to such regulations and restrictions as they licenses for the

may think ])roper, may grant licenses for the formation of such recesses

or docks, wharfs or (luays, and the driving of such piles and other works wharSng.

as may be retiuired for the convenient use, iirotection, and improvement

of premises, and the placing and mooring of vessels in such lino, and at

such levels as may appear to them requisite for the above purposes,

without injurious interference with the navigation of the port or its

future improvement.

55. The commissioners, upon such terms and conditions as they

think fit, may grant licenses for the erection bv the ovmers or occupiers Commissioners may of lands adjoining the port at any convenient places, of piers or landing- erection of piers and places of such form and construction as the commissioners consider most

advantageous to the puhlic, and as causing the least obstruction to navi­ gation, and for the driving of piles and the formation of wharfing-ways and other conveniences to the adjoining premises.

The commissioners may order the form and construction of such piers or landing-places, and the position of such piles, and the mode of forming such wharfing-ways and other conveniences to be altered by the owners of or persons licensed to erect, drive, or form the same, and may also order any such piers or landing-places, piles, wharfing-ways, and other conveniences to be removed and taken away by the owners thereof, or the persons licensed to erect, drive, or form the same; and in case any such pier, landing-place, piles, wharfing-ways, or other con- yenience is not altered or removed within seven days after notice from

the

568   Act No. 1, 1901.

Sydney Harbour Trust.

the commissioners to alter or remore the same has been given to the owner thereof, or to the person licensed to erect, drive, or form the same, such pier, landing-place, piles, wharfing-way, or other convenience may be removed by the commissioners at the expense of such owner or

person. ■

Owners of land	56.	The commissioners may grant to the owner or occupier of any
may embank with

consent of	land fronting and immediately adjoining any portion of the port a
commissioners.	license to make any wharf, dock, basin, pier, jetty, landing-stage, slip, or platform, or any embankment wall, or other work immediately in front of his land and into the body of the said port, upon payment of such fair and reasonable consideration and subject to such other condi­ tions and restrictions as the commissioners may think fit.
Power to remove	57. If any vessel is sunk or stranded within the port, the com­ missioners may forthwith seize and attach such vessel and any goods therein until security is given to the satisfaction of the commissioners for the due removal of such vessel and goods; and if the owner, master, or agent does not provide such security or does not remove and take away such sunk or stranded vessel, or the wreck thereof, within such time as the commissioners, in writing, require, the commissioners may then raise, destroy, remove, or take away such wreck of any vessel that is sunk or stranded, and is in their judgment an obstruction to the safe and convenient navigation and use of the port; and in case the owner, master, or agent of such vessel, or other obstruction, refuses or neglects to pay the charge of raising, destroying, removing, or taking away such vessel, wreck, or goods for the space of three days after demand, or in case any such owner, master, or agent cannot be found, then the com­ missioners may sell such vessel, wreck, and goods, and out of the proceeds of such sale retain the expense incurred in raising, destroying, and removing such vessel, wreck, and goods, and the charges of sale, render­ ing the overplus to the person entitled to the same; and if from such proceeds sufficient to pay all the aforesaid charges is not recovered, then the amount of any deficiency shall be a lien or charge on any vessel, goods, or money belonging or payable to the owner of any such vessel so sunk or stranded as aforesaid, which may be then, or at any time within the period of twelve calendar months thereafter in the Colony of New South Wales in the hands of any agent or otlier person on behalf of any such owner, subject and without prejudice to any prior lien or charge in favour of any other person. The lien or charge hereby given to the commissioners may be enforced by proceedings in the Supreme Court to be instituted l>y the commissioners against such owner, agent, or other person, and service of all process in any such suit shall be held good and binding on any such owner if such service has been duly effected on any such agent or other person:
wrecks, Sc.

Provided

Act No, 1, 1901.	569
Sydney Harbour Trust.

Provided that in no ease the amount for which sucli owner is lialile, or for which such lien is claimed, shall exceed the amount of the value of the vessel and the freight then due; and such value shall be estimated at the rate of eight ])ounds ])er ton of such vessel’s tonnage:

Provided further that when the sinking or stranding of such vessel is the result of accident or of causes beyond the control of such owner (of which the finding of the Court of iMarine Inquiry shall be conclusive evidence), such owner shall not be liable for any i^ortion of the cost incurred in raising, destroying, or removing such wreck which may exceed the sum realised by the sale of the wreck of such vessel.

58. It shall be lawful for the commissioners, and they are hereby Obstructions may

directed when any obstruction inqiedes the navigation and use of the port or any part thereof (of which obstruction the commissioners shall be the sole judges), to require the owner or occupier of such obstruction, by notice given or sent to him, to remove such obstruction as aforesaid within a time to be stated in such notice; and should such owner or occupier fail, neglect, or refuse to remove the obstruction stated in such notice, the commissioners shall rcmiove the same, and the ex]iens('s of so doing shall be repaid by the owner of the same, and the commissioners maj" detain the materials of such obstruction for securing payment of such exi)enses, and on non-])aynient of such expenses on demand may sell such materials, and out of the proceeds of such sale pay such expenses, rendering the overplus, if any, to the owner on demand. If the proceeds of the sale are not sullicient to ]iay the said expenses, or if the com­ missioners, without proceeding to such sale, so determine, the commis­ sioners may sue the said owner or occupier for the recovery of such expenses.

59. (1) The commissioners shall make and maintain proper roads Roadways to be kept and approaches to all wharfs, docks, {tiers, jetties, landing-stages, .slips,	<	ig e .
platforms, depots, and sheds that are now or may hereafter be erected on the lands vested in them; and they shall cause such wharfs, docks, piers, jetties, landing-stages, slips, {tlatforms, depots, and sheds, and the roads and approaches thereto, to be kept in good repair, and well and sufficiently lighted, watched, and cleansed.

(2) The commissioners may appoint a sufficient number of

persons to preserve order on or at such wharfs, piers, jetties, landing- preserve order, &c.,

stages and platforms, and the avenues and approaches thereto, and to	P’®	’'®	-
prevent the intrusion thereon of improper persons who have no bona fide intention of embarking on board any vessel from such wharfs, docks, piers, jetties, landing-stages, or jhatforms, and to remove any ])ersons who may unnecessarily linger or loiter on or about such wharfs, docks, piers, jetties, landing-stages, or platforms, and to assist any vessel in

making fast to such piers or landing-places, ̂ '

h570	Act No. 1, 1901.
Sydney Harbour Trust.

Broken piles, &c.,	60. The commissioners may remove any broken, dangerous, or useless piles or mooring chains and other nuisances, and may order the removal or shortening of any waterways, causeways, stairs, or other projections injurious to the navigation of the port.
to be removed.
Licenses for supply	61. The commissioners may, if they think fit, grant licenses for the supply and removal of ballast, and for the supply of water to ship­ ping, by means of water tanks, subject to such regulations as the com­ missioners may make. And no person shall dredge for ballast in the bed of the port, or take or supply any ballast within the port, or supply water to shipping as aforesaid, without a license from the commissioners; and any person otfending against this section shall be liable to a penalty not exceeding twenty pounds.
and removal of
ballast, &c.

The commissioners	62. The commissioners may by notice in writing prohibit any
may prevent ballait

from being taken in	person from raising or taking any ballast or any materials for ballast
places where its re­	in any place or places in or from which the raising or taking of ballast
moval might be in­
jurious to the	or materials for ballast may, in the judgment of the commisssoners,
navigation.	be injurious to the navigation of the port, or to the due execution of the works to be directed by them; and any person who, after the delivery to him of any such notice as last aforesaid, raises or takes any ballast or materials for ballast in contravention of any such notice shall be liable to a penalty not exceeding twenty pounds.
Power to demand	63. Subject to the provisions of this Act the commissioners may demand and take as consideration for any license granted by them such fees, either in gross, or by annual or other periodical payments, as the commissioners may, by their regulations determine.
fees for licenses.
Humane apparatus	64. The commissioners may purchase, provide, and maintain all sary to assist in searching for drowned persons and restoring animation to persons apparently drowned, and to employ and reward assistants therein in such manner as to the commissioners may seem expedient.
and assistance may	such apparatus, matters, and things as may appear to them to be neces­
be provided.
Fire-extinguishing	65. The commissioners may purchase and maintain any such appliances, matters, and things as may appear to them to be necessary for the purpose of extinguishing any fire on vessels, or on any property vested in them.
apparatus may be
provided.

Annual statemeDi	66. The commissioners shall, on the thirtieth day of June and
of accounts of all

moneys received	thirty-first day of December in every year, render and deliver to the
for sales. &c , of	Minister a true and correct schedule containing full particulars of all
senttô h?Minuter,	leases, grants and licenses for docks, recesses, beds for boats or barges, wharfs, piers, landing-places, piles, mooring-chains, or works of any description of, in, or upon any portions of the said lands or bed or shores of the port, or any encroachments, embankments, and inclosures

̂ thereupon, and also a true and correct account of all sums of money wljich they or any person or persons by their order or to their use have

received

Act No. 1, 1901.	571
Sydney Harbour Trust.

received during the half-year then ending for or in respect of any such sales, leases, grants, and licenses, and for or in respect of any permission, and of all rents, revenues, and proceeds of what nature or kind soever; the said accounts to specify the particular source from which all and every such sums of money, rents, and profits have been derived, and to be from time to time verified as being true and correct accounts by a statutory declaration in wi'iting under the hand of the treasurer of the commissioners.

67. The commissioners may construct and erect public baths, and Power to erect public baths.

charge such fees for admission thereto or lease the same as they may

determine. •

PAET W.

Rates, &c.

68.              (1) The commissioners shall demand, collect, and receive in Power to collect

respect of all vessels berthed at any wharf, dock, pier, jetty, landing charge"!̂

stage, slip or platform vested in tlu* commissioners, or in respect of all

goods, merchandise, and things wdmtsoever (exccY)t goods belonging to

Her Majesty’s Government and jiassengers’ luggage) shipped on or

unshipped from any vessel so berthed wharfage and tonnage rates

. ;

according to the provisions contained in the Wharfage and Tonnage Rates Act of 1880 and Acts amending the same, which Acts are, nmtatis mutandis, hereby incorporated with this Act, so far as the said Acts relate to the port of Sydney, subject to the provisions hereinafter mentioned; and all the powers therein contained are hereby conferred upon the commissioners : Provided that goods, merchandise, and things unshipped from any vessel to any other vessel for conveyance to another port, shall not be subject to any wharfage if a transhipment entry in respect thereof is duly passed at the cu.stom-house within forty-eight hours after the time at which the discharging vessel has reported at the said custom-house. And until the commissioners other­ wise provide, the rates to be demanded, collected, and received shall be those in force at the passing of this Act: Provided that the Governor may make regulations for the remission, exemption, or reduction of wharfage rates, in such cases and subject to such conditions as he shall deem advisable.

( 2 ) The words “ Governor with the advice of the Executive Amemiment of

Council ” shall, wherever they occur in the said Acts, be read a.s if the xonna*lRates Act same were “ commissioners, with the approval of the Governor.” And of isso.* ° the words “ Colonial Treasurer ” shall be read as if the same were the

word “ Minister.”

572   Act No. 1, 1901.

Sydney Harbour Trust.

Commissioners iray	69. The commissioners may, by regulation approved by the Governor, alter, raise, and lower at discretion any wharfage or tonnage rates, which the commissioners are authorised to demand, collect, and receive under this Act: But such rates shall not exceed the amounts provided for in the said Acts and in the Second Schedule of the Wharf­ age and Tonnage Rates Act of 1880:
alter rates, &c.
Provided that, in lieu of the wharfage rates in the said Schedule mentioned, the commissioners may charge wharfage rates by measure­ ment or weight, not exceeding four shillings per ton dead weight or three shillings per ton measurement.
Commissioners to
levy charges for use	70. It shall be lawful for the commissioners to demand, collect, and receive in respect and for the nse of any of the property of the com­ missioners such tolls, rates, and charges as the commissioners may determine and appoint by regulations under this Act.
of property.
Mode of collection.	71. The collection of tolls, rates, and charges authorised by this Act shall be prescribed by regulations under this Act; and for the con­ venience of such collection the Colonial Treasurer may, if he thinks fit, provide, at the cost and charges of the commissioners, in the public office or long-room of the custom-house, accommodation for any officer or officers whom the commissioners may direct to receive and collect such tolls, rates, and charges.
Commissioners may
sell goods, &c., for	72. The commissioners may, when default is made in the payment of any tolls, rates, or charges in respect of any goods (first paying the customs duties and dues, if any), retain and sell the said goods, or any part thereof; and after reimbursing themselves the amount of such duties and dues, the commissioners shall retain and pay in the first place the tolls, rates, and charges so unpaid as aforesaid, including the expenses of such sale, and in the next place the freight due on such goods (in case the commissioners have received written notice that such freight has not been paid), rendering the surplus (if any), and also such of the said goods as remain unsold (the rates due in respect whereof having been discharged as aforesaid) to the person entitled thereto on demand. In lieu of selling such goods, or notwithstanding such sale, if the proceeds of such sale are insufficient, the commissioners may, by action of debt in the Supreme or a District Court, recover the amount of such tolls, rates, charges, and expenses, as are due to them.
payment of rates.

PART

Act No. 1, 1901.	573
Sydney Harbour Trust.

.	PART V.	•
F inance.

73. The Minister sliall, as soon as jiossible after this Act comes Ministir to declare

into operation, cause a list to be made of all works, property, and value of property

improvements wnicli are by this Act vested in the commissioners as aioners.

aforesaid. And the Minister shall determine the value at the date of

such vesting of such works, jiroperty, and improvements to be charged

against the commissioners.

74. After such determination of such value, the Minister shall, interest on

in the month of January in each year, cause a list to he made of the subsequent works,

cost of all works, property, and improvements constructed, and the

proportionate cost of woi'ks in course of construction, or acquired by

the commissioners during the preceding year.

75. All tolls, rates, rents, charges, and other sums of money interest to be paid

levied or collected by the commissioners shall be collected and received

by them or their authorised agents, for the use of Her Majesty, and

shall be paid into the Treasury under the provisions of the Audit Act,

1898, and shall in each yc'ur be chargeable with such sum, being not less

than throe and a half and not more than four per centum jier annum,

as the Minister may from time to time fix, on the value of such works,

property, and improvements, so determined as aforesaid, and the cost

of all works, property, and im]irovemonts constructed or acquired by the

commissioners, together with the fees, salaries, and exjiensos of adminis­

tering this Act; and so far as funds are available a further sum equal

to three and a half per centnm per annum on snch value and cost to form

a sinking fund to pay off any loans contracted in respect of all such and

subsequent works, property, and impi'ovements, according as the

Governor may think fit; and the balance shall be carried to the Consoli-	'
dated Revenne Fnnd.

76. The commissioner shall canse books to be provided and kept, sinking fund to be

and a true and regnlar ac<‘onnt to be entered therein, of all sums of money received by them under this Act, and of the cost of all works, property, and improvements vested in them, and of all ])ayments made by them under the provisions of this Act, and of the salaries and main­ tenance of the officers and servants. All snch books shall be open to the inspection of the commissioners and the Auditoi’-General, and any person authorised to inspect the same by the Minister or the Auditor-General, and all such ]iersons may take copies or extracts therefrom. And any clerk or other person having the custody of the said books, who does not on demand permit any jterson aforesaid to examine the said books and take such copies or extracts therefrom, shall forfeit and pay for every such offence a sum not exceeding five pounds.

574   Act No. 1, 1901.

Sydney Harbour Trust.

Accounts to be	77.	The accounts of all moneys received and disbursed by the
audited and

furnished. commissioners shall be audited at least once in every year by the Auditor-General, who shall have, in respect to such accounts, all the powers conferred on him by the Audit Act, 1898, in respect of public accountants; and the commissioners shall once at least in every year furnish to the Governor a true copy of the accounts so audited as afore­ said, together with a particular statement of all moneys received by the commissioners, and of all expenditure incurred by them; and copies of such accounts and of such statement shall be laid before both Houses of Parliament, if then sitting, or if not then sitting, at the next ensuing Session thereof.

PART VI.

■ R e g u l a t io n s .

Existing regulations 7 8 . .All I’ules and regulations legally made under the Wliarfage

to have force until	and Tonnage Rates Act of 1880 and any Act amending the same shall,
repealed.
in so far as they contain nothing inconsistent with this Act, remain in force within the port until repealed by regulations under this Act, or until others have been enacted in lieu thereof by the commissioners, but so much as may be inconsistent with this Act is hereby repealed.

Regulationi by 79. The Governor may make regulations for and relating to the

Governor. following snbjects;—

(a)	The cases in which wharfage rates may be remitted, exempted, or reduced.
(b)	The formation of a sinking fund and its application in pursu­ ance of this Act.

Regulations by 80. The commissioners may make regulations for and relating to The appointment of the place and hour of their meetings, and the management and condnct of business thereat.

commissioners.	the following subjects :—
, (a)

(h) The control, supervision, and guidance of all officers subject to their control and the control and management of all property vested in or belonging to the commissioners.

(c) The mode of leasing and licensing under this Act.

(d)	The construction of wharfs, docks, piers, jetties, or embank­ ments, and of sheds thereon; of canals, landing-stages, slips, platforms, tramways, or hoisting cranes, shears, or engines.
(e)	The dredging, cleansing, and scouring the rivers within the port, and the improving the bed or channel thereof; and abating and removing wrecks, impediments, obstructions, and nuisances in the port, or to the navigation thereof; and the shortening any bend, or removal of any angle in the course of the rivers.

(/)

Act No. 1, 1901.	515
Sydney Harbour Trust.

if) The management and mode of making contracts by the conn missioners and the perfonnanee of the same. . ■

(g) The su])i)ly of, and all matters relating to, ballast water for shipping, and the use of steam hoists on wharfs or jetties within the port.

(h) The im]>rovement and management of the j)ort.

{i) The imposing, levying, and receiving of all tolls, rates, or

charges.

(j)	The regulation and government of ferry steamers and boats within the port.
(k)	The anchoring, mooring, riding, and fastening of vessels, and

the stifl'ening, removal, and control of vessels, whether under

way, at anchor, at a wharf, pier, jetty, or landing-place, afloat

or aground, hove down, or hauled up, or in dock within the ' '

port.

(l)	The regulation and control of the use of sanitary conveniences,
lights, and fire on hoai’d any vessel within the port. '
(m)	The manner of boiling or melting pitch, tar, resin, turpentine, or any inflammable substance within the port.
(h)	The mode of inquiry into any charges brought by or against
any person subject to the Harbour Trust (Commissioners. ■ ’
(o)	The communication between wharfs, docks, piers, jetties, landing stages or platforms and vessels within the port by means of gangways or otherwise.

(p) The imposing of penalties for any breach of any regulations l>y this Act authorised to be made, not exceeding for any ofl'ence	.	.	•
•

the sum of one hundrc'd ])ounds, nor less than one pound.

(q)	The erection of baths and bath-houses within the port, and leasing the same; making excavations for salt-water baths; and any fence or enclosure necessary for the protection or privacy of the same.
(r)	The repeal of any regulations made by the Governor under the Wharfage and Tonnage Rates Act of 1880 and any A(‘t amending the same, and the making of any such regulations as the Governor might make under those Acts.
(s)	Any other purpose relating to the convenience of shipping or of the ])ublic within the port, or for any local enterprise or object which the Governor may approve.

And generally for duly administering and carrying out the powers vested in the commissioners by this Act.

Any breach of such regulations for which no specific penalty is Breaches of reguU-

therein provided shall be punishable by a fine not exceeding one hundred punishable

*1 ' Dy Hue*

pounds.

......... 81.

576   Act No. 1, 1901.

Sydney Harbour Trust.

Eeguiations to be 81. Every regulation shall, upon approval of the Governor, and

Governor and notification in the Gazette, have the force of law; and shall he laid pubUshed in Gazette, before Parliament within fourteen days after such notification, if Parlia­

ment be then in Session, and if not then within fourteen days after the

commencement of the next ensuing Session.

• PAET VII. •

M is c e l l a n e o u s . -

Act not to repeal	82. Nothing contained in this Act shall be construed to repeal any provision of any Act relating to any Government or other railways, to affect the rights, powers, privileges, and obligations conferred or imposed by any sucTi Act; or to repeal or affect any provisions of the Navigation Act of 1871, or of any Act amending the same, save and except where the express provisions of this Act are inconsistent there­ with, or where such provisions are hereby repealed.
Railway or Naviga­
tion Acts.
General necessary

Consent of Attorney- 83. No legal proceedings of any nature shall be instituted or

before proceedings

brought against the commissioners for or in respect of not dredging,

instituted against

cleaning, or scouring the port, unless the Attorney-General signifies in

commissioners.

writing his consent to the bringing or instituting of such proceedings,

and on such conditions as to security for costs as he may think fit.

Owners accountable	84.	(1) The owner of every vessel shall be, and he is hereby made
for damage done by

boatmen to works or	liable for all trespasses, damages, spoil, or mischief done by such vessel
property of the
commissioners.	or by any of the boatmen or other persons belonging to or employed in or about the same by any means whatsoever to any of the property or effects of the commissioners or the banks or other works erected, main­ tained, or repaired under the provisions of this Act; and the owner of every such vessel shall for every such trespass, damage, spoil, or mischief so committed as aforesaid, upon conviction of the person so committing the same before any justice, on the oath of any credible witness, or on the confession of the party offending, pay to the secretary of the commis­ sioners such damages and compensation as may be ascertained, fixed, and determined by such justice, together with all costs, charges, and expenses attending such conviction, provided that such damages and compensation shall not exceed the sum of twenty pounds besides the costs of such conviction; and in case such damages or compensation and costs are not paid on demand the same shall be recoverable in the same manner as any penalty is by this Act directed to be recovered, but in case such damages exceed the sum of twenty pounds the said owner may be sued by the commissioners for such damages or compensation.

(2)

Act Ko. 1, 1901.	577
Sydney Harbour Trust.

(2) Every such boatman or other person so offending shall Boatmen to be

he liable for, and shall repay all damages and compensation so ascer­

tained, fixed, determined, and recovered as aforesaid, with all the costs damages and costs,

of levying and recovering the same, to his master or such owner; and in

case of non-payment thereof on demand and on oath made by such

master or owner of the payment made by him of such damages, com­

pensation, and costs, and that the same have been demanded of such

boatman or other person, but that the same have not been repaid (such

oath to be made before any justice), the amount thereof shall be

recovered in like manner as any penalty is hereby directed to be levied

and recovered by warrant under the hand and seal of such justice.

85. In case any person complains of the operation of any regula- inquiry into lion of the commissioners, or of any determination or proceeding of the complaints, commissioners, or of the conduct of any of their officers, he shall, on an

application in writing to the commissioners stating the substance of his

complaint, be entitled to have his complaint inquired into.

86. Every person who unloads, puts, or throws into any part of Penalty on throwing the port or on any shore or ground in the ]mrt below high-water mark at intotiie°port.'*****'* ordinary tides any rubbish, earth, ashes, dirt, mud, soil, or other matter,

or allows any offensive matter to flow into the port, shall forfeit for

every such offence any sum not exceeding one hundred pounds.

87. If any person pulls down or injures any board put up or penalty for defacing

required by this Act for the jmrpose of publi.shing any regulation, notice, or penalty, or obliterates any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding five pounds, and shall defray the expenses attending the restoration of such board.

88. If, through any act, neglect, or default on account whereof Damages to be made

any person has incurred any penalty imposed by this Act, any damage penalty'*̂'**̂*'̂ *”” *̂°

to the property of the commissioners has been committed by such person,	’
he .shall be liable to make good such damage, as well as to pay such ])enalty, and the amount of such damage in case of disjuite shall be determined by the stipendiary magistrate by whom the party incurring such penalty has been convicted; and on non-payment of such damage on demand the same may be levied by distress, and any justice may issue his warrant accordingly.

89. The commissioners shall ])ublish short particulars of the several offences for which any penalty is imposed by this Act or by any regulation of the commissioners affecting other persons than the officers or servants of the commissioners, and of the amount of every such penalty, and shall cause such particulars to be painted on a board, and shall cause such board to be hung up or affixed in some conspicuous place in the office of the commissioners. °t

2 0 90.

^78	Act No. 1, 1901.
Sydney Harbour Trust.

90. (1) All penaltios and other sums of niyney by this Act, or any recovered with costs, and all offences by this Act made punishable may, unless declared to be misdemeanours, be prosecuted and punished, and the costs of such prosecution recovered, at the suit of any' person, by summary proceeding before a sti]fendiary magistrate.

Mode of enforcing	regulations made thereunder, made payable or recoverable may be
penalties.

(2) Whenever any penalty has been imposed by any stipen­

By distress and	diary nuigistrate, under the provisions of this Act, and the jterson
imprisonment.	convicted does not forthwith pay the same into the bands of the convict­ ing magistrate such magistrate may direct that such penalty be recovered by distress and sale of the goods :md chattels of such person, and in default of a sufficient distress, or in the discretion of such magi­ strate, without making an,y order or issuing any warrant for such distress, be may direct that such jierson be imprisoned in any gaol in New South Wales, with or without bard labour, for any period autho­ rised by law.
Provision for
damages not other­	91. In all cases where any damages, costs, or ex])enses are by this Act directed to be paid, and the method of ascertaining the amount or enforcing the jiayment thereof is not provided for, such amount, in case of dispute, .shall be ascertained and determined by a stipendiary magistrate, and if the amount so ascertained is not paid by the commis­ sioners or other party liable to pay the same within seven days after demand, the amount may be recovered by distress of the goods of the commissioners or other party liable as aforesaid; and the magistrate by whom the same have been ordered to be paid, on application, shall issue bis warrant accordingly.
wise provided for.
Method of proceed­	92. Where in this Act any question of compensation, expenses, magistrate, it shall be lawful for any justice, u])on the api)lication of either party, to summon the other party to aj)pear before a stipendiary magistrate at a time or place to be named in such summons, and upon the appearance of such ])arties, or in the absence of tliem upon ]moof of due service of the summons, it shall be lawful for such magistrate to bear and determine such question, and for that i>uri)ose to examine such parties or any of them and their witnesses on oath, and the cost of every such inquiry shall be in the discretion of such magistrate, and be shall determine the amount thereof.
ing before justices
in questions of	charges, or damages is referred to the determination of any sti])cndiary
damages.
Jurisdiction to be	93. For the ])ur])ose of giving jurisdiction under this Act, every complaint to have arisen either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be.
where the offence
is committed, and	offence shall be deemed to have been committed and every cause of
wherever offender is.
Burden of proof that
a vessel is exempted.	94. If in any legal proceeding under this Act any question arises whether any vessel is or is not within the jmovisions of this Act, or of some particular part thereof, such vessel shall he taken to be within such provisions unless proof to the contrary is adduced.

Act No. 1, 1901.	579
Sjldiit'll 11(11 hour T r u r ! .

95. It shall he lawl'iil for the (‘oimnissioiiers to siu' and take any how proceedings

proeec'ding's against an.v person who steals, takc's, oi' carries away, wi l- ‘■ o u k e n .

t'nily defaces, or injni'es any proi)e)-ty, article, or thing belonging to the

eonnnissioners, and in evei-y sneh ease it shall be sufficient to state

generally tlu' ])ro]ierty, arti<'l(>, oi' thing in res])C(*t of whi(‘h sneh ])ro-

eeedings have been talnni to be the pi'0])(‘rty of the eonnnissioners by

their eoi-])oi'ate name.

96. Any snnnnoiis, notiei*, writ, or other pi’oeceding at law oi- in scrvico of notico, on

c(piity rcMpiired to he sei'ved n])on the eonnnissioners, may lawfully be served by delivering tin- same i)ei'sonally to the secretary, or by leaving the same at the office of the commissioners.

97. Service of any smmnons or other jn'oeess in any legal ])ro-Service to be good it

(‘ceding under this Act shall be deemed good sei'viee if made personally

Oil the ])(‘i'son to be sei'ved, or if nnuh' to iiny pm'son at his last-known of ship, &c.

place of abode or business, or on bo;ird any ship to which he belongs,

and aeeonpiiinied in the hitter e:ise with a statement of the ]mr))oi't

thereof to tlu' ))erson in command or .appearing to b(‘ in command or

charge of such ship. * t

98. Kvery summons, deimind, oi- iiotiic oi‘ other like document AuthcnticaUo;i ■ f

given midei' tlu' prox’isions of this .\ct shall be siillicitaitly authenticated if signed by the si'cretiiry or by aii>' oiK' commissioner, and need not lie sealed with the common seal of the commissioners.

99. It slndl be hiwful for an\' offici'r or agent of tlu' commissioners, Transient ofifenders.

and all jK'rsons calhHl b> him to his assist;ince, to seize and detain an>' ]H‘i'son who has committed ;my oU'enci' against the pro\isions of this Act 01’ :ui\’ n'gulation made in pni-snance thei-eof. and whose name and resideiK'e is unknown to such oriici'r oi' ag(‘nt, iind conx'ey him with all convenient desjmteh Ix'l'ore a stipendi.ar\' magisti'iite, without ;iny war­ rant 01' other authority than this -.Vet, ;ind sneh niagistrat(‘ shall proc(‘ed with all eonv(>ni('nt despatch to the he:ii-ing and (h'tei'inining of the :‘()in- jilaint against such otTender.

100. ' r̂iio commissioners ol the one part, and the council of tin’ Power to contract

city of Sydmw, or the coniicii of tiny municipality whose district a.d.ioins ami! the port, of the otlu’r ptirt, may, foi' the purpose of pro\’iding conx’cnient roads. ways t(t and from any of the l;uids. wharfs, docks, piers, jt'ttit's, landing-

stages, sli])s, j ilatforms, depots or sheds of the commissioners, (Miter ini:)

and ])erfoi'in sneh contracts as tln-y iiniy deiMii Ht with I'esjit'ct to con-

strneting, repairing, or nmintiiining :iny striH't, road, bridge, or

a])pro;ieh, or tiny ]);n't thereof, within tlu' limits of the stiid city, borough,

or mmneiiial district as the c;ise may be, either by ;i])i)ortioning the

■

work to be done, or by sharing the (>\]kmis(‘s thereof, oi‘ othm'wise in thi'

absolute discretion of the contracting parties.

101. The (Jovernor may, n])on the i‘(Hpiest of the commissioners tho Ooveinor wiUi and of the eonneil of any sneh mnnieijiality as afori'said, d('chm' bv

-

notice in the (iazette any land vested in th'e emnniissioiiers to be a

public

580   Act No. 1, 1901.

Sydney Harbour Trust.

public highway under the management and control of that council, and. such highwaj" shall be treated in all respects as if it were within that municipality and dedicated to the public.

Provision for case of

any day appointed	102. Whenever any day appointed for any purpose by this Act or holiday throughout New South Wales, then the next following day which is not a Sunday or a bank holiday throughout New South Wales shall be treated as the day appointed for the purpose.
falling on a Sunday	the regulations of the commissioners happens to he a Sunday or a bank
or holiday.
evidence of
Gazette to be	103. The production of a copy of the Gazette containing what purports to be regulations of the commissioners approved of by tbe Governor shall be received in all legal proceedings as evidence of the regulations of the commissioners, and the term “ regulations ” is to be understood to include the alteration or repeal of any regulations. ,
regulatious.
Applications of	104. All penalties recovered for offences against this Act or against any regulation made under this Act shall be paid to the com­ missioners, and the proceeds of such penalties are hereby appropriated for the purposes of this Act.
penalties.

SCHEDULES.

SCHEDULE ONE.

Repeal o f AeU.

Year and number

of Act. Title of Act. Extent of repeal.

35 Yic. No. 7 ... Navigation Act of 1871 ... ... So much of sections 19 and .55 and the unrepealed enactments of sections 107 to 122 inclusive, amended by 36 Vic. No. 30, and 60 Vic. No. 36, and Act No. 32 of 1899, as relates to the Port of Sydney, and is inconsistent with this Act.

36 Vic. No. 30... Navigation Act Amendment Act of So much of sections 14 and

1873.  16 as relates to the Port of Sydney,

43 Vic. No. 13... Navigation Act Further Amendment ss. 2 and 3.

Act of 1879.

44 Vic. No. 8 ... Wharfage and Tonnage Rates Act ot s. 18.

1880.

46 Vic. No. 8 ... Wharfage and Tonnage Rates Act The whole Act so far as it relates

Amendment Act of 1882. to the Port of Sydney.

48 Vic. No. 18... Crown Lands Act of 1884	.............. So much of sections 64, 65, and 68 as relates to reclamations xvithin the Port of Sydney.
58 Vic. No. 18... Crown Lands Act ot 1895	.............. So much of section 54 as relates to reclamations with'n the Port of Sydney.

SCHEDULE.

Act No. 1, 1901.	o81
Sydney Harbour Trust.

' SCHEDULE TWO.

All that area within the following boundaries, exclusive of Oardm Tshind, Rpeetaele Island, Shark Island, Clarke Island, iuid Cockatoo Island: Coinnieneing at high-water mark on the southernmost point of the North Head of Port Jackson; and bounded thence by a line south-westerly to high-water mark on the northernmost point of the inner South .Head; thence b.y a lino southerly closely following high- water mark till it meets the prolongation south-westerly of the north-western boundary of two roods twenty-eight perches, ]iurchased by the Crown for use as a pilot station at Watson’s Bay; thence north-easterly, south-easterly, and south­ westerly by the said prolongation, the north-western, north-eastern, and south-eastern boundaries of the said jnirdiased land and the ])rolongation south-westerly of the hust-mentioned boundary to high-water mark; thence again by a line (dosely following high-water mark around all bays, coves, rivers, creeks, inlets, indentations, [loints, promontories, headlands, ifcc., on the southern shores of Port Jackson to the eastern side of Woolloomooloo Ba.v, at its intersection with the northern boundary of the area resumed for wharfage purposes by (laz(>tt(' notice of the fourth day of February, one thousand (dght hundred and niiu'ty; tlu nee by the north-easterly, easterly, and southern boundaries of that area to the intersection of the last-mentioned boundar.v with the existing wrought-iron ])alisade; theiua' by that palisading and its prolongation south-w('sterly to the easternmost coriK'r of the existing wrought-iron palisading at Cowper’s Wharf; thence by that palisading and the southern sides of the erections along that wharf to the south-western corner of shed known as number nine, now leased to M'Arthur and tkjinpany; thence by a line westerly to the easUnai boundary of the Domain; thence by that boundary, as fenced, northerly to the westerly extension of the southern boundary of the ladi('s’ baths; thence easterly by that extension to high-water mark on the western sid(> of Woolloomooloo Bay; thence again b.v high-water mark around all bit,vs, coves, rivers, creeks, inlets, indentations, points, promontories, headlands, &c., to the eastern side of Bennelong Point, at a point due east of the north-eastern extremity of Fort Macquarie; thence by a line' north­ westerly to the south-eastern corner of the picket fence on the northern sidi' of the ajiproach to the horse-ferry dock; tlu nee by that fence and an iron palisade westerly to an eastern boundar.v of the Peninsular and Oriental Steamshiji Coinjiany’s wharf; thence southerly by the eastern sides of the structures and the connecting iron ])alisading along the wharfs on the eastern side of Sydney Cove southerly to the south-east corner of the shed used by Burns, Philp and Company (Imperial Japanese Mail Service); thence by a line due south to the southern side of the street known as Circular Quay; thence by that side to the western side of Pitt-street; thence by the extension of that side of Pitt-street northerly to the northern boundary of twent,y-seven perches appropriated in the .year one thousand eight hundred and tifty- six as a site for Mariners’ Church; thence b.y that boundary westerly to the ('astern side of George-stix'et; thence north-westerl.y to the western side of the road leading to the horse-ferr.v dock at Dawes’ Point; thence b.y that side of that road generally north­ easterly to high-water mark on the north-eastern side of Dawes’ Point; thence again b.v high-water mark as before to its intersection with the western side of (h'orge-street North; thence bounded on the east, south-east, south, north-west, and north by the line forming the inner boundary of the land resumed in coinu'ction with the Darling .Harbour Im])rovement scheme and notified in the Oovernment Gazette of third of May, one thousand nine hundred, numben'd four hundred and fifteen, folio three thousand four hundred and thirt.y-nine, to the north-east corner of Smith’s wharf on the southern aide of Bc'ttington-street; thence southerl.y along ])art of the eastern side ot that proi)crty to the north-west corner of Munn-strec't; thence by part of the northern side of that strc'et easterly to a point in the prolongation northerly of the western side of Dalgety and Company’s new brick stores; thence southerly crossing Munn-street to the

nortl' v('st

582   Act Xo. 1, 1901.

Sijdnc-tf Ilarhour Trust.

north-west eonior of that store and aloiiff the western boundary to the south-west corner thereof; thence easterly along the southern boundary of the said store to the most southerly corner of the eastern side of that store; thence south-easterly by a direct line to the' south-west corner of Wentworth-stn et, which is an angle on the eastern boundary of the land recently owned by T. A. J)ibbs; thence by the boundary of that land south-easterly, south-westerly, and again south-easterly to the north-wi'stern si<lc of ('lyile-street; thence by a liiu‘ (>asterly crossing Olyde-street to the most northerly i-orucr of the land on the south-eastern side of Clyde-street recently owiu'd hy '1'. A. Dihbs; thence by boundaries of that land south-easterly, south-westerly, and again south-easterly to the north-western side of land recently owned hy .\rehihahl M( l,ean; tluMiec north-easterly by the north­ western boundary of that laud to the western side of the ])assage bounding that land on the east; thenee soutlu rly along the eastern boundary of that land to the south-eastern corner thereof; thence southerly crossing the land recently held by the iMuuii’i|)al (’ouiicil of Sydney hy a direct line to the north-western corner of the land on which house' nuniher two Agar-street is ('rected; thence again southerly by the western boundary of that land, the western boundary of Agar- street, and the western boundary of the land on which house number one of Agar- street is erected to the northern boundary of land recently owned by T, Paton; thence by part of the northern boundary of that land westerly about sixty-two feet to a point thereon in the prolongation northerly of a line of paling fence; thence by that prolongation and that jialing fenc(', and the ])rolongation southerly of the line of that fence to the northern boundary of land recently purchased by the Australian (las Light (Tompany (Limited) from Philip Eech; thenee by that boundary evesterly to the waters of Darling Harbour, being the south-west corner of the land described in Schedule number one of the ])roclamation of third day of May, one thousand nine hundred, referred to above; thence southerly by the high-water mark of the eastern side of Darling Harbour to the south-west corner of the Australian Gas Light Company’s land; thence by three boundaries of that land bearing easterly, southerly, and again easterly to the south-eastern corner of Jenkins-street; thence by the prolongation of the eastern side of that street southerly about fifty feet to a point thereon in the prolongation westerly of the line of the most southern portion of a brick dwelling house; thence by the last-mentioned prolongatir)n and the southern side of the said house and of the land enclosed with same easterly to the cliff; thence by the cliff and the western side of a brick stable southerly to the northern side of the entrance to the (Jrafton wharf; thence by that side of that entrance easterly

to the western side of Kent-street; thence by that side of that street southerly to the south-eastern corner of the said entrance; thence by the southern side of that entrance westerly to the north-western corner of the Model Lodging-house ])roperty; thence southerly by part of the western boundary of that property to the south-east corner of a brick store; thence by the southern side of that store westerly to the north-east corner of the Xorth Coast Steam Xavigation t'oni])any‘s workshop; thence southerly by the eastern side of that workshop to the northern side of Xapolcon-street; thence by part of the northern side of Xapolcon-street casterl.v, and thence by the eastern side of that street southerly to the north side of Margaret-street, being a point on the boundary of the land resumed on third day of May as aforesaid; thence westerly and southerly by that boundary to the dividing line between stores numbered thirty-nine and forty-one on the western side of Sussex-street; thence by the dividing line between these two stores and the prolongation thereof westerly to a point on the eastern boundary of the land recently held by the Australian Mutual Provident Society as mortgagees in possession; thence by the eastern boundary of that land southerly about twenty-three feet to the north­ east corner of the portion of that land occui)ied by Thomas Turner, wine and spirit merchant; thence by the northern boundary ot Thomas Turner’s occupation aforesaid westerly to the eastern boundary of land occupied by Halliday Brothers, mechanical engineers; thence by the eastern boundary of that land southerly to the northern

side

Act No. 1, 1901.	583
Hydnej) Harhour Trust.

side of Erskiiic-strcet; thence b.v that side of that street westerly to a point thereon in the prolongation northerly of the eastern side of Lime-street; thence l),y that i)rolongation and that side of that street southerly to the norhern side of Slijj-street; thenee by the northern side of Rliji-street easterly to the western side of Day-street; thenee across Slip-street at right angles to the northern boun- darv of tin* land recentl.v Indd by the Australasian Dnited Steam Xavigation Com- jian.v (Ininited); thence by thri'o boundaries of that land easterly, south-westerl.y, and south-easterl.v to the western side of Sussex-street; thence by the street frontagi' of that land snutlierl.v to the south-east corner of that land; thence along the northern side of store nund)ereil one hundred and seven, Sussex-street, westerly about twent.y-seven feet to the nortli-w(>st corner of that stor(>; thence by the western side of the above numbered one himdn'd and seven, one hundred and nine, one hundred and eleven, and one hundred and tliirteen southerly to the northern side of land recently owned by James Edro]); thenee wi'sterly along part of the Jiorthern side of that land ab(]iit OIK' hundred and twenty feet to a passage h'ading into King-street; thence soutlu'fly b,y the eastern side of that ]iassage to the north side of King-street; thence across King-street south-easterl.v to tlu' north-western corner of a passage bounding shop number fifteen. King-street, on tlu> east; thence b.y the western side of that passage southerl.v' to the south-western corner thereof; thenee easterly along the northern side of land recentl.v owned b.v John Strutli, bv the northern side of that land and the line dividing stores number'd one hundred and twi'ut.v-sc'ven and one hundred and twenty-nine, Sussc'x-strei't, to tlu' w(>stern side of Sussc'x-strei't; thence b.v that side of that street southerly to tlu' north-eastern corner of Dray's sore, numbered one hundred and thirty-nine; thenee b.v the northern boundary of that store westerly to its north-west corner; thene(' b.v the western side of Bray's stores southerl.y to the south­ western corner of store' one hundred and fifty-three; tln'iice by ])art of the soeithern boundary of the land recently owned by A. G. Bray and tlue northern side of Wharf- street westerly to the north-we'stern corner of Wharf-street; tlu'iice southerly by the western side of Wharf-stre'i't to the northern side of Market-street; thence crossing Marki't-street and the Baltic Wharf property recentl.y resumed as an approach to P.vrmont Bridge southerl.v to the north-east corner of that ])art of the Albion Wharf land recentl.v held under h'ase b.y A. McArthur and Company; thenee b.y the western boundar.v of a lane twenty feet widi; bounding that lease and the lease to John Lysaght (Limited) southerl.v to the south-western corner of the, said lane, which is a jaiint on tlu' nortlu'rn boundary of the land recently owned b.y Bobert Reid and Compan.v; thence by j)art of the nortlu'rn boundary of that land easterly to Susscx-strc'ct, which is a point on tbe boundary of the land resumed by the proclamation of tlu' third day of Lla.v, one thousand nine hundn'd, b('fore r('ferred to; tlu'nee geiu'rally in a southerl.y direction b.y that boundary to th(' waters of Pork .Jackson; thenee again by high-water mark "('lU'rall.y westerl.y to tlu' iron wharv('s at the' head of Darling Harbour; thence b.y the landward boundary of thos(' wliarves and a line northerly to the northern side of Pnion-street; thence by that sid(̂ westerly to the western side (d' iMurray-streot; thenee generally north-westerly b.y the south-easterly boundaries of tiu' unsold portions of the land resumed for wharfage j)ur]joses by Gazette notice of the s('venth day of August, one thousand eight hundred arid niiu'ty-six, to the southern side' of .Tohn-street; thenee easterly along that sid(' to its intersection with tlu' ])r()longation southerly of the western boundary of the land resumed for railwa.v purjioses at Darling Island b.y Gazette notice of the fourth day of .lime, one thousand eight hundred and eight.v-nine; theiici' b.y that ])rolongation and the said western boundary northerjv to high-water mark; thenee again by high-wati'r mark around all bays, covi'rs, rivers, creeks, inlets, indentations, points, promontories, headlands, &c., to the north-western side of the P,yrmont Bridge road; thence b.y that side of that road south-westerly to the north-eastern boundary of the Auckland Timber Company’s property; thence b.v that boundary north-westerl.y to high-water mark; thence again by high-water mark along all bays, coves, rivers, creeks, canals, inlets,

indentations,

584   Act No. 1, 1901.

Sydney Harbour Trust.

indentations, points, promontories, headlands, &e., to the mouth of the Parramatta River; thence again by high-water mark of all arms and the right bank of that river upwards to the dam at the town of Parramatta; thence by that dam north­ westerly to high-water mark of the left bank of the said river; thence, again, by high- water mark along that bank downwards to its junction with the right bank of Lane Cove River; thence, again, by high-water mark along that bank of that river upwards to the head of navigation; thence by high-water mark of the left bank of that river downwards to its junction with the northern side of Port Jackson; and thence, again, by high-water mark along all bays, coves, harbours, rivers, creeks, canals, inlets, indentations, points, promontories, headlands, &c., including all arms of Middle and North Harbours, to the point of commencement.