Sydney Harbour Trust (Wharfage and Harbour Rates) Act 1914 (NSW)

Sydney Harbour Trust (Wharfage and Harbour

Rates) Act.

SYDNEY HxVEBOUR TIU Ŝ F

(w h a k f a ( ;e a n d h a k b o u e

BATES) ACT.

Act No. 12, 1914.

An Act to provide for fixing and collecting inward. George V,

and outw ard wharfage rates, and. inward and outw ard harbour rates in the port of Sydney; to amend the Sydney H arbour 'tru s t Act, 1900, tlu ' Sydney H arbour Kates Act, 1901. and the Sydnc}' Harbour T rust and Naviga­ tion (Amendment) Act, 190S ; and for other

purposes. [Assented to, 16th April, 1914 j

I >E it enacted by tbo Kiiyy’s Afost Excellent Alajcsty, J[ J l)y and vith tlie adx'ice and consent of tlio Eeg’is- lative Council and Legislative Assembler of New Sx)nth Wales in Parliament assembled, and by the autboi'ity^ of the sann.'. as f(.)lloxvs :—

T relnm nanj.

1 . This Act may be ciO'd ns the “ Sydm'y llarbonr .short title.

Trust (Wharfage and Harbour Hates) Act, PH I .”

2 . Si'ctions sixty-eight, sixty-nine, and seventy-nin;' i;ep,.;a.

of the Sydney Harbour Trust Act, 1900, and si'ctiom, three, I'our, and nine of the Sydney Harbour Kates Act, 1901, are repealed.

IJ'hiirfoije

128                   Sydney Harbour Trust (Wharfage and Harbour

Rates) Act.

George V,

No. 12. Wharfage rates.

New sections. 3 . Tlic following scctions ai’c inserted in the place

of sections sixty-eight and sixty-nine of the Sydney

Harhour Trust *Vct, 1900 :—

Collection of	68. The commissioners shall demand, collect, and
inward and

outward

receive, subject to the exemptions and deductions

wharfage

hereinafter in this Act specilied, inward and

rates.

outward ^yharfage rates to he fixed as hereinafter

provided, upon all goods—

(a)	unshi))p('d from any vessel berthed at a wharf, dock, pier, jetty, landing-stage, slip, or ])latform in the i^ort, vested in the commissioners ; or
(h)	reeeiv('d on any such wharf, dock, pier, jetty, landing-stage, slip, or platform, for shipment on a vessel.

Exemptions,	69. The following	exemptions, refunds, and
refunds, and

deductions. deductions shall he made and allowed :—

(a)	Goods of His (Majesty and passengers’ luggage shall he exempt from all wharfage rates.
(h)	Goods, unshipped from any A'essel to any other vessel for conv('yance to another port shall not he suhj('ct to inward or outward wharfage rates if a transliipment entry in respect thereof is duly passed at the custom-house Avithin forty-eight hours aft('r the time at which tlie discharging A'cssel has la^ported at the custom-liouse ; hut in tlie case of vessels engaged in the State or Interstate coastal ti’ade, and in respect of Avhich transliijmient entries are not so passed as afore.said, it shall he a sutlicient com})liance with this paragraph if such entry is, Avithin the said time, lodged Avith the commissioners.
(e)	Any amount paid as imvard harhourrates on

any goods may he deducted from any in-

A\ ard Avharfage rates payable in respect of

the same goods.

(cl)

Sydney Harbour Trust (Wharfage and Harbour 129

Rates) Act.

(d)

Any amount paid as outwavd liavhom' rates George V,

on any goods may l)c deducted from any No. 12.

outward wharfage rates ])ayable in respect

of the same goods.

(e)

A'licre outward wharfage rates are paid on goods reet'ived for s]ii[)inent hut not shi[)ped, thi' commissioni'rs may refund tlie amount so paid.

(Q The commissioners may exi-mpt any goods or classes of goods from inward oi' out­ ward wharfage rates, and may reimpose and tix, under this Act, wharl'agi' rate's on such goods.

iI;)a . 'fhe commissioners shall, by regii!ai ions riie aniMUMi

which they are authorised with the apjiroval ol' the "■ rates.

.Such rates, Avhether inward or outward, may he by weight or measurement, in the disra'etion of the commissioners, hut, inward whai'fage rales sliall not e.xceed four shillings jier ton by wi'ight or thri'C shillings ])i'r ton of forty (‘ubic feet nn'asurement, and outward wharfage rates shall not ('xceed half that sum.

Fixed rates may also he imposed by such ri'gu- lations on specifu'd artich's or packages, and in such case the rate on any article or package' shall hi' so as not to exceed the maximum rate above iireserihed by wi'ight or measuri'inent, whichever is the larger;

ih’ovidi'd that a minimum rati', not exceeding threi'pence, may be fixed for any article.

Sinliing fund.

4 . Section seventy-live of the same Act is amended No paymunts

by omitting the words “ and so far as funds are available, a further sum equal to three and a half per centum per annum on such value and cost to form a sinking fund ,to pay olf any loans contracted in respect of all such and subsequent works, ])roperty, and improvements, according as the Governor mav think tit.”

E The

130                   Sydney Harbour Trust (Wharfage and Harbour

Rates) Act.

George V, The above amendment sliall take elVect as from the

No. 12. thirtieth day of June, one thousand nine hundred and

thirteen ; and on that day section three of the Sydiu'y Harhour Trust and Xavigation Amendment Act, ]008, shall he deemed to have been rejiealed.

Harbour rates.

New sections. 5 . The folloAvlug sGctious ai’6 Inserted in the place

of sections three and four of the Sydney Harhour (Rates

Act, 1 9 0 1 ‘ ‘

Collcctitm of	3.	Towards meeting the expenditure annually
inward and

outward	incurred in dredging, lighting, improving, and
harhour rate.s.	maintaining the port of Sydney, the commissioners may demand, collect, and receive inward harbour rates on all goods brought by sea into the said port, and outward harbour rates on all goods shipped on any vessel in the said p o rt:

(Rrovided that goods of His (Majesty and p a s ­

sengers’ luggage shall he exerajit from such rate's.

Am ount

of	1. The inward harhour rates on any goods shall not exceed the inward wharfage I’ates Avhich would he payable on the same goods if unshipped from a vessel berthed at a wharf of the commissioners.
The outward harbour rates on any goods shall not exceed the outward wharfage rates which would he payable on the same goods if received on any wharf vested in the commissioners for shipment on a vessel berthed at any such wharf.
Provided that on goods transhipped in the said port an amount, to he fixed by the commissioners, not exceeding one-half of the inward harliour rates shall he payable, unless the goods are land('d on a wharf or other jdaee, and the transhipment does not take place ’within fourteen days after tlu' land­ ing, in which case double the amount so fixed shall he payable.
On goods so transhijiped no outward harbour rates shall he payable.

rates.

Payment of 4a . Inward and outward harhour rates shall he

rates.

paid by the owners of the goods as defined in the

Sydney Harhour Trust Act, 1900.

Inward

Sydney Harbour Trust (Wharfage and Harbour 131

Rates) Act.

IiiAvard liarboui- rates shall be paid before the George V,

landing or transbi[)ment of the goods. 2̂.

Outward harbour rates shall be paid befox’o tlie

A'Csscl leaA'es tbo port.

If any such rates are not so paid, the person liable to pay the same shall be liable to a penalty not exceeding fifty ])ounds.

6 .        Section five of the same Act is amended by adding Amendment

tlierdo tlie following provision :—

If default is made in the payment of harbour power to aeii

rates on such goods, tlie commissioners may retain rates.

and sell tbeni or any of them, and, after reimburs­

ing themselves for the payment of any customs

duties and charges, and any freight due on the

goods, and any expenses of sale, shall retain and

pay the said harbour rates, rendering, on demand,

the surplus (if any) and such of the goods as are

unsold to the person entitled thereto.

7 . The following section is inserted next after section

five of the same A c t;—

5a . The commissioners may, ivitb the approA^al Regulations,

of the Governor, make regulations for the collecting of harbour rates under this Act and for carrying out the provisions of this Act in relation to such rates.

8. (1) Section eleven of the same Act is amended by Amendment

omittinir the words “ copv of b is” before the word^fs. ii,

I l l c l l i i i c J a u . m a n ife s t.

(2) The following section is inserted next after

the said section :—

11a . The master of a vessel shall, before such Master to

vessel leaves the port of Sydney, lodge at the

offices of the commissioners a true and complete manifest,

outward manifest; and if be fails to do so be shall

be liable to a penalty not exceeding one hundred

pounds.

DACEYVILLE