The Marine Board and Navigation Act Amendment Act 1902 (SA)

ANNO SECUNDO

EDWARDI V11 REGIS.

A. D. 1902.

No. 814.

An Act to amend the " Marine Board and Navigation 9 9

Act, 1881, and for other purposes.

[Reserved, November 13th, rpoz.]

E it Enacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

PART I. PART I.

PRELIMINARY.

1, This Act may be cited as " 'l'he Marine Board and Navigation short title and

Act shall come into force. 3. The

therewith, shall be incorporated and read as one with the '' Marine Act Amendment Act, 19 02," and, except so far as inconsistent incorporation- and shall be divided into Parts and Divisions as follows: -

PART I.-Preliminary : ~tu-ta and Diviaiom.

PART 11.Powers to Lease:

DIVISION	I.--Extension of Powers:
DIVISION	11.-The Semaphore Baths.

PART 1x1.-Pilots and Pilotage.

PART IV. -Miscellaneous Provisions.

2. This Act shall not come into operation until His Majesty's pleasure thereon has been publicly signified in the State, but after	opention,
the signification of such pleasure the Governor may, by Proclamation

in the Government Gnzette, appoint a day on and after which this .

2O EDWAKDI VII, No. 8x4.

The Marine Board md Nauigation Act Amendment Act.-1902.

PART I. 3, The enactment mentioned in the Schedule hereto is hereby

Repeal. repealed and amended to the extent mentioned in such Schedule.

saving clawe.	4,	Nothing in this Act shall affect --
Anything done under

any A C ~.	(a) The past operation of any enactment, nor anything done or
N.S W. Act, NO. 32

Seca. 43 and 44,	suffered under any such enactment:
of 1899.

Proclamations or ( b ) The operation of any proclamations, rules, or regulations

regulations.	made under the principal Act:
Orders, appointments

etc. (c) The validity or effect of any orders, appointments, certifi-

cates, or documents made or issued under the said Act:

Right, privilege, &C. i d ) Any right, privilege, obligation, or liability acquired,

accrned, or incurred under any enactment:

Penalty, forfeiture,

etc. ( e ) Any penalty, forfeiture, or punishment incurred in respect

of any offence committed under any enactment:

Investigation, legal	(f)	Any investigation, legal proceeding, or remedy in respect of
proceedings, &C.

any such right, privilege, obligation, liability, penalty,

forfeiture, or punishment as aforesaid:

Any such investigation, legal proceeding, or remedy may be insti- tuted, carried on, and prosecuted as if this Act had not been passed.

5, In this Act, unless the context or subject matter otherwise indicates or requires-

" Principal Act '' shall mean as well the '' Marine Board and

Navigation Act, 1881," as all Acts amending the same:

Sec. 3, N.S.W. Act	British Possession " means any part of	His Majesty's dominione
60 of 1901.

exclusive of the United Ki~gdom; and where parts of such dominion are under both a central and a local legislature all parts under the central legislature shall, for the purposes of this definition, be deemed to be one British possession:

Ibid.	Merchant Shipping Act " means the Imperial Act, the Merchant Shipping Act, 1894, and any Act amending the same or in substitution therefor:
Commissioner " means the Commissioner of Public Works.

PART 11,

POWERS TO LEASE.

B W ~ may 1 - 6. The Board, with the consent of the Commissioner, may

beach for bathing

purpoees- grant a lease or leases for any period not exceeding five years of convenient portions of the sea beach and of the land over-

SA Act, 16 of 1876. flowed by the sea, together with the approaches thereto, situate

within the jurisdiction of and vested in the Board, for the pur-

pose

2" EDWARDI VII, No. 814.

The Marine Board and Navigution Act Amendment Act.-1902.

pose of appropriating and maintaining the same as and for public PART L1.

D1vlsxO* I- - --

bathing places, and subject to such terms and conditions, aud with

such powers as to the erection of fences, bathing-boxes, and refresh- N.8.w. Act, 60 of

ment rooms, and for other incidental purposes, on any such beach so 1901, sec. 164.

to be leased; and as to the formation of a harbor for boats; and as to

the admission or refusal of admissioll to such portion of the sea

beach when so leased as aforesaid, as to the said Board, with such

consent as aforesaid, may seem fit, and to insert in any such lease

any clauses, powers, provisos, or limitations that may be considered

necessary.

7, The Board, with the consent of the Commissioner, may let Leaaingofpublic

any public wharf, jetty, pier, quay, or landing-place, or any v,,tedin Marine wharves and lands

portion thereof, situate within the jurisdiction of the Board, for Board.

any term not exceeding five years, either by public nuctiou or hy

public tender, subject to such annual I-ental and other conditions

and rmervations as the Governor may prescribe, whether by general

regulation or otherwise, and subject to any regulations which may be

prescribed.

8, The Board, with the consent of the Commissioner, may Lirmcea for use of

issue to proprietors of steam ferryboats annual or other licences, in ferryboatas wharves by etearn

such manner as may be deemed advisable, to use any such public

wharf, jetty, pier, quay, or landing-place, or portion thereof, for any Sec. 154.

period to be stated in such licence.

9, All such licences shall be revocable by three months' notice Licencea revocable.

from the Board.

10. L)oubts having heretofore arisen as to the legality of a ktpL~r$~~~~

certain indenture, dated the fourteenth clay of March, one tgousand and Semaohore

eight hundred ancl eighty-nine, made between the 31krine 130s rd of ~~$'~~$m~uny'

South Australia of the one part, and the Semaphore Baths Com- pany, Limited, of the other part, deposited in the General Registry Office, No. 63 of 1902, whereby the saidCompany were granted power, upon the terms anti snbject to the covenants, conditions, and agree- ments therein contained, to erect swimming baths on the land therein described, and subsequently occupied by the said Company, the said indenture is hereby confirmed, and shall be valid and effectual for all purposes as if the Marine Board at the date thereof had full power and authority to grant the same.

11, The said indenture shall hereafter have the same force and Indenturetohave effect aa if it were a

effect, and be valid and effectual for all purposes, as if it were a lease granted

lease granted under the powers and provisions of this enactment, tb Act-

and as if t.he Marine Board at the date thereof had full power and

authority to make and enter into the covenants, conditions, and

agreements therein contained.

12. The

2' EDWARDI VII, No. 814. --PP- - +

The Marine Board and Naviyation Act Amendment Act.-1902.

PART 11. 12, The said Company, its successors or assigns, may from time

D n - x s ~ o ~ Ir. time, with the consent of the Commissioner, assign and transfer

power to assign. their respective rights and interests under the said indenture.

PART III. PART 111.

Licences to pilots

13, From and after the passing of this .ict all licences issued

under the principal Act to pilots tbr Port Adelaide shall cease and

determine.

Board to grant

14, The Board shall, subject to the approval of the Commis- sioner, and notwithstanding the provisions of the principal Act,

acenoes

apprentices.

sub-section b of

grant, within the jurisdiction, licences to qualified persons as

determined.

section 57, N.S.W., pilots and apprentices, and fix the terms and conditions of such 60 of 1901.

licences and certificates.

Licensed pilots at Port Adelaide to be 15, Licences to pilots shall be i w m l for the Fort of Adelaide to 8olebintbeemp~oy such persons only as the Governnr may approve to employ, and

of the Government-	each person to w hom a liccncc is so &a11 t l d shall act solely on behalf of the Government, of' the State, and the salary or reward of each person so licensed shall be annually voted by Parliament.
Minimum rare for

pilots. 16, The pilotage rates payable upon every, ship on her arrival at

Sub-section 2 of or her departure fkorn, any port shall not be less than Two Pounds

eection 69, ibid. Ten Shillings.

Maximum rate, 17. No such rates on the arrival at or departure from any port

Twenty Pounds.	of any ship shall exceed Twenty Pounds.
Ratesand dues to be

paid to Board. 18, All such rates and dues authorised by this Act shall be paid

by the owner, master, or person in charge of any ship or vessel to

section 62, ibid.

the Board, and shall be paid by the Board when received into the

Treasury on account of the General Revenue.

Rates, when due. 19, The rates for pilotage shall be due and payable-

(a) On arrival inwards immediately after the pilot leaves the

ship or vessel:

* (b ) Immediately prior to the ship or vessel leaving the wharf or

harbor:

and any owner, master, or person in charge of any such ship or vessel failing to pay to the Board the amount due shall be liable to

a penalty of not exceeding Fifty Pounds.

certificates not to be 20. Notwithstanding the provisions of the principal Act, pilot-

gmnted to foreigners age exemption certificates shall -. _ _ be granted _ - - -_

to - British - -subje:ts 1,

ships. &, and may be granted or issued only in respect of British ships

1bid~ ~ c t i o n registered at a port within the Commonwealth of Australia

2O EDWARDI VII, No. 814.

The Marine Board and Navigation Act Amendment Act.-1902.

or in New Zealand, employed in trading or going between some PART 111.

~ o r t within the iurisdiction. and some ~ o r t within the Common-

wealth of ~ u s t r n c a, or in N ~ W Zealand, & in the South Sea Islands, and in respect of ships engaged in the whaling trade, or in South Africa south of the twenty-sixth degree of south latitude.

21, Any person not being a duly licensed pilot in the employ of Penalty for other

the Government who acts as a pilot for any ship of which he is not ~ ~ ~ ~ ~ ~ ~ l ~ ~ t e r

the master named on the certificate of registry of the ship, or any

document having the effect of a certificate of registry of the ship. Ibid, sub-section 2,

either entering in or navigating in or leaving Port Adelaide, shall, 8ection ".

whether he holds or does not hold a pilotage exemption certificate,

be liable to a penalty not exceeding Fifty Pounds.

The Governor at any time may, by Proclamation-	determine licences.
Governor may
Determine and abolish the licences of pilots at any port or

place within the jurisdiction of' the Board:

Issue licences to pilots to be employed at any such port or place solely by the Government, and at such salaries as may be determined by the Government:

Make any section of the Act applicable to pilots at Port Adelaide applicable to such port or place and to have the same effect as if directly enacted therefor.

Nothing contained in this Act shall be held to take away Pilot not exempt

or extend any existing right to damages for negligence by pilots. from liability.

PART IV. PART IV.

24. (1) Notwithstanding anything contained i n section 73 of Allotment notes.

the principal Act, any agreement with a seaman made under 57 an4 58 Vict., for nav- ch. 60, sec. 140.

section 52 of the ~ r i n c i ~ a l Act mav contain a sti~ulittion I 4

and

ment to or on behaif of (he seaman, conditiodly or; his going to sea N.Z. Seaman'e Amendment

in pursuance of the agreement, of a sum not exceeding the amount A G ~, 1894, sec. 1 1.

of one month's wages, payable to the seaman under the agreement.

(2) Save as authorised by this section, any agreement by or on behalf of the enlployer of a seaman for the payment of money to or on behalf of the seaman conditionally on his going to sea from any port in the State shall be void, and no money paid in satisfac- tion or in respect of any such agreement shall be deducted from the seaman's wages, and no person shall have any right of action, suit, or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.

(3) Nothing in this section shall affect any allotment made under

the principal Act or any Act heretofore in fnrce amending the same.

2" EDWARDI VII, No. 814.

The Marine Board and Nacigation Act Amandment Act.-1902.

PART IV.

- 25, When any steamship in respect of which a certificate of

Power of Board	survey has been issued by any authority recognised hy the Board
topermit steam-	calls at any port in South Australia after the expiration of

ships arriving with

expired certificates to the term of such certificate and before the termination of her

continuevoyage voyage, then, after an inspection of such steainship, and upon a

without survey.

Victoria, NO. 1660,	recommendation made by one or more of the survevors appointed
MC. 6.	under the Act, the Board may, if it thinks fit, grant permission for such steamship to clear from such port in continuation of her voyage to her port of destination without detention for survey.

Power of Board

to extend rerti- 26, When a certificate of survey issued by the Board in

6catca granted by	respect of any steamship has expired, or is about to expire, then,
it.	after an ins~ection of such steamshiu and u ~ o n a recommendation
lb., sec. 6.	made by on;. or more of the surveyoA appointed under the Act, the Board may. if it thinks fit. cxtcnd the term of such certificate for a period not exceeding one month from the day upon which the certificate of survey expired upon payment of a fee of Two Pounds and Two Shillings for steamships having condensing engines, and of One Pound and One Shilling for stcamships having non-condensing engines.

Magaxi ne licences

may be issued for 27. Notwithstanding the provisions of section 353 of the prin-

bllilding, mt being cipal Act the Board may licence as a magazine any snitable building

within OuO hundred

jarde of any building (not being within any city, or town, or the suburbs thereof, nor within

one hundred yards of any building or public road): Provided that

or public road.

such magazine is protected by solid1 y-constructed earth mounds on such sides of and at such distance from the magazi~le as may be deemed advisable by the Board, and extending to a height equal to that of the ceilings of the magazine.

Proviaions of sub-

divisions 111. and rv. 28, The provisions of sub-divisions I 11. and IV. of section 326 of

of sec. 326 to apply	the principal Act shall extend and apply to every coast trade ship
to ail roast t d e and
intersstate ships.	or inter-State ship trading on the river, but shall not extend or apply to any lighter or h l k possessing no independent motive
licensed in that behalf: Providd that srlch lighter or hulk does power or means of propelling itself, and in charge of a person duly not trade beyond the limits of the port for which such licence was granted.

infringement of the 29, If the owner or the master, officer, or person in charge or	Penalty for
oroyieionaof =c. 326. control of any ship referred to in the provisions of section 326 of the principal Act, or any section amending the same, permits or allows such ship to proceed to sea from or plies or engages in trade

in any port or ],lace in the State without being provided as in such

section is required he shall incur a penalty of not exceeding One

Hundred Pounds.

Mmter of ship

to obtain certificate 30. The master, officer, or person in charge or control of every

before leaving port. ship, except coast-trade ships. shall, before such ship leaves any port, harbor, or place in the State, obtain from the Board, or other duly authorised officer, a certificate that the requirements of the Act

relating

2" EDWARDI VII, No. 814.

The Marine Bnard a d Navigation Act Amendment Act.-1902.

P ~ m IV0

relating to shipping have, as far as possible and practicable, been complied with in all matters affecting such ship, and in default of obtaining such certificate such master, officer, or person shall be liable to a penalty of not exceeding Fifty Pounds.

no master's certificate for sailing vessels under fifty tons gross aertificatea. 31. Notwithstanding any thin g contained in the principal Act, Valibting certain

registered tonnage and trading within restricted limits, heretofore

issued under the seal of the Board, shall he deemed to be invalid.

32. In all cases where ships are trading in South Australia. and to

be paid monthly.

where seamen are engaged on time agreement, all wages earned shall meaning of this section.

be paid monthly, on the first day of the nlonth, or within seven days

thereafter, or as soon thereafte; iis the vessrl arrives at her home

port: Provided the same is within the State: Provided that Provim.

33. Where by the principal Act powers and authorities are Transfer of powers

conferred and duties are imposed on the Treasurer the same are, the ~ommissionerof of the Treasurer to

subject to the provisions of' this Act, and with the exceptions Public Works-

therein mentioned, hereby conferred and imposed on the Com-

missioner, and where in any part of the said Act the words

" the Treasurer " appear the worcls b b the Commissioner " are hereby

substituted in l iel~ and place of the same, and the said Act shall be

read and construed as if such words "	the Commissioner" were
originally inserted therein.

I reserve this Bill for the signification of His Majesty's pleasure.

S. J. W AY, LieutenanbGovernor.

THE

EDWARDI VII, No. -

The Marine Board a d Navigation Act Anrendmnt Act.-1902.

THE SCHEDULE.

-

Enactment. Section. Extent of Repeal and Amendment.

l

--- ---

The Marine Board 3 The words " ' The Merchant Shipping Act,

and Navigation Act,	1854,' shall mean " and all words thereafter
1881	defining " The Merchant Shipping Act."

Extent of Amendment.

The same .. .. .. .. . 392 Add immediately after " The Passengers Act,

1855," the words 18 and 19 Vict., cap.

I 119."

Marine Board and 13 ' By striking out the words "any ports in" in

Navigation	Act	,	the fifth and sixth lines, and the word " or"
!
Amendment	Act,	in the sixth line, and inserting in lieu of the
1894	1	said word " or " the word " and."

Adelaide: By authority, C. E. BRISTOW, Government Printor, North Terrace.