Sydney Harbour Trust (Amendment) Act 1931 (NSW)

612                  Sydney Harbour Trust (Amendment) Act.

SYDNEY HARBOUR TRUST

(AMENDMENT) ACT.

Act No. 69, 1931.

George V, An Act to amend the Sydney Harbour Trust Act, 1900-1930, and the Sydney Harbour Rates Act, 1904, in certain respects; to validate certain actions of the Commissioners; and for purposes connected therewith. [As­ sented to, 29th December, 1931.]

No. ^ 1 9 3 1 .

lE it enacted by the King’s Most Excellent Majesty,

l)y and M itli the advice and consent of the Legis­

lative Council and Legislative Assembly of Ncm" South

M^ales in Parliament assembled, and by tlic autliority of

tlie same, as folloM’s ;—

Short title 1 . (1) This Act may be cited as the “ Sydney

and citation.	Harbour Trust (Amendment) Act, 1931.”
(2) The Sydney Harbour Trust Act, 1900-1930, as amended by this Act, may be cited as the “ Sydney Harbour Trust Act, 1900-1931.”

Amendment 2 . The Sydney Harbour Trust Act, 1900-1930, is

amended—

See. 3. (a) by inserting at tin; end of the definition

(Definitions.)

“ vcsscl ” ill section three the ivords “ sea­

planes, hydroplanes, and similar craft” ;

Sec. 57.	(b) by omitting section fifty-seven and by inserting
(Power to

remove	in lieu thereof the following section:—
wrecks )	57. (1) Whenever any vessel is sunk or stranded in any part of the port the com­ missioners may cause such vessel to be raised or to be bloum up or otherwise destroyed, and may I’ecover from the ovmer of such vessel at the time of the sinking or stranding thereof all expenses incurred by the commissioners in raising or saving such vessel or any furniture,

tackle

Sydney Harbour Trust (Amendment) Act. 613

Nj . 69, 1931.

tackle, or apparel belonging thereto, or any goods, chattels, or effects raised or saved therefrom, or in matching or controlling such vessel, or in blowing up or in otherwise destroying the same.

The commissioners may, if they think fit, and shall, if so required by such owner in writing, cause any such vessel, furniture, tackle, apparel, goods, chattels, or effects, or any part of the same respectively so raised or saved as aforesaid, to he sold in such manner as they think fit, and out of the proceeds of such sale may reimburse them­ selves for any such expenses, and shall hold the surplus, if any, of such proceeds in trust for such owner, and in case such proceeds shall be insufficient to reimburse the com­ missioners such expenses, the deficiency shall he paid to the commissioners by such owner on demand, and in default of payment mav he recovered hv the commissioners from such owner as a debt in any court of com­ petent jurisdiction.

(2) The commissioners may remove any­ thing causing an obstruction or impediment in any part of the port, and also any floating timher Avhich obstructs or impedes the naviga­ tion of the port, and may recover the expense of removing the same from the owner thereof as a debt in any court of competent jurisdic­ tion.

The commissioners may, if they think fit, detain such thing or floating timber for secur­ ing reimbursement to themselves for such expense, and on non-payment thereof on demand may sell such thing or floating timher and out of the proceeds reimburse themseh^es for such expenses, rendering any surplus to the owner on demand. Where such proceeds arc insufficient to reimburse the commissioners such expense, the commissioners may recover the balance of the expenses from such OAvner as a debt in auA* court of competent jurisdiction.

‘ (3)

G14	Sydney Harbour Trust (Amendment) Act.
No. 69, 1931.

(3) The commissioners shall (except in case of emergency), before exercising their power of selling under the provisions of this section, give to the owner of such vessel, floating timber, or other thing seven days notice of their intention to sell the same by posting a prepaid letter addressed to such owner at the place in the State of New South Wales where he carries on business or at his last known place of abode in the said State, or if such owner or his place of business or abode shall not be known to the commissioners, by exhibiting the notice for scA'cn days at the head office of the commissioners.

58 .  (c) by omitting section fifty-eight;

(o b sh u c lio n s

be

rem oved.)

New s. 70.\.	(d)	by inserting the following new section next after section seventy : —
Remis.sion or

refund of 70a. The commissioners may remit or refund

tolls, rates,

the Avholc or an}̂ part of any toll, rate, or

or charges.

charge Avhich they are authorised to make under this or any other Act in any case in which they are satisfied that such remission or refund is reasonable subject to any claim for remission or refund being made and substantiated to the satisfaction of the com­ missioners Avithin such time as under the circumstances they deem proper, and subject to such conditions, if any, as they maj" think reasonable.

Sec. SO.	(e) by inst-rting next after paragraph (x) of section
(Regnla*

ti )us.) eighty the following ncAV paragraph :—

(y) The licensing, on payment of a prescribed fee, of any vessel Avithin the port.

i^TctN'r ̂ 3 . Section six of the Sydney Harbour Eates Act,

20, 1904. 1904, as amended by subscfjucnt Acts, is amended—

Sec, G.	(a) by inserting in subsection one immediately
(Tonnage

rates and	before the words “ register tonnage” the Avord
berthing	“ gross ” ;
charges.)

(l̂ )

Sydney Harbour Trust (Amendment) Act. C15

(b) by inserting at tlic end of siiljsection two tbc words “ Anj- sucb license may bo incor­ porated in any license of a vessel issued under the provisions of the Principal A c t” ; ‘

(c) by inserting after subsection four the follow­ ing new subsections: —

(e) (a) Tbc commissioners may, by regula- lations, impose and provide for the collection of—

(i)

or moored within the T)ort at such lates

under ditfering conditions as the com- andioixU

tolls or charges on vessels while anchored r..iis or any case exceeding the amount which would ho payable if the vessel berthed at a wharf vested in them ;

(ii) such charges (in addition to any rate or ( haixos for charge navahle under subsection one or ^ f 1 • i ‘ \ r 1 on w ntU'ves.

subsection two or this section) lor the light to j)lace goods in any shed pro­ vided at or in coniu'ction u ith a wliarf or for the use of any apparatus and/or conveniences thereat as they may think proper,

(h) The owner or the agent of the owner fnyinentof

, tolls or

of a vessel on his behalf shall pay all tolls

oharoes.

charges which may he imposed under this sub­

section.

(G) Tlie commissioners may accej-t by way cross sum

of rent or otherwise in lieu of the rates or

charges which they are empowered by th is‘in li™ of

section .to impose a gross sum per annum or

for any lesser period of the year, and every OKuges. °

such sum may he of such amount and shall he

payable by such instalments and at such

periods as the commissioners may deteimine.

(7) The commissioners may exempt— Exompiions

(a)	any vessel licensed under the Prinen'pal
Act ; or owners .if
(h)	any vessel which, in their opinion, isvefse“an.i out of commission and eontinuouslv laid vessels o m of (. . T p j *'1 coininissiou.

up lor a period exceeding louriocn days,

from

616                 Sydney Harbour Trust (Amendment) Act.

No. 69, 1931.

from the payment of the whole or part of the tonnage rates, tolls, or eharges payable under this section.

Exemption shall be granted only after—

(a)	an undertaking, that the commissioners will not he held responsible for damage to any' such vessel caused by them or their servants, has bet n given by the owner of the vessel to the commissioners in a form approved by them ; and
(b)	security to the satisfaction of the commissioners, that the owner will pay' to them the amount—

(i)  of any damage caused by the vessel to their property ; and

(ii)   of any loss incurred by them in raising, removing, or destroying

. the vessel in the event of it being sunk or stranded in the port

has been furnished ; or

(c) such other undertaking and/or security in lieu of the foregoing as the commis­ sioners may require has been given or furnished.

Any such exemption shall continue during such time as the undertaking and/or security' remains in force.

Xothing in this subsection shall affect the powers conferred on the commissioners by section 70a of the Principal-Act,

Validation. 4. The actions of the commissioners, in acting as

though the law had been in accordance with section six of the Sydney Harbour Hates Act, 1904, as amended by' paragraph (a) of section three of this Act, and as though the word “ gross ” had been inserted immediately' before the words “ register tonnage” in those regulations made by' the commissioners imposing tonnage rates or berthing charges at the time of the making of the roffulations, are herebv validated.

̂ ■ ' No

Flour Acquisition (Further Amendment) Act. G17

No legal proceedings shall lie at the suit of or be continued by any person against the commissioners for the recovery of any moneys paid to the commissioners as a result of any such actions. _L_ ’