The Marine Board and Navigation Act Further Amendment Act 1907 (SA)

ED'WARDI V11 REGIS.

A.D. 1906.

An Act to further amend the " Marine Board and Navi-

h oation Act, 1881," and for other purposes.

Reserved, Decembev rrst, 1906.

Royal Asse~gt #voclnimed, iVay 8th, 1907. 1

E it Enacted bg the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1. This Act may be cited as The Marine Board and Navigation incorporation. short title and

Act Fnrther Amendment Act, 1006," and shall be incorporated and read with the "Marine Board and Navigation Act, 1881 " (herein called the principal Act), and the Acts amending the same.

2, This Act shall not come into operation mltil His Majesty's coming operation. into

pleasure thereto has been signified, and after such signification the Governor may, by Proclamation in the Government Gazette, appoint a day on which the Bct shall come into force.

3, Section 92 of the " Marine Board and Navigation Act, 1881," Reped of sec. 92 of Act 237 of 1881.

is hereby repealed.

4, The words " twelve pounds i11 weight," wherever they occur Amendment of Part VIII. of Act 237 of

in Part VIII. of the principal Act, are hereby repealed, and the 18sl.

words twenty-five pounds in weight " substituted therefor.

5, The word-	Interpretation.
G Goods " includes all kinds of movable personal property:

917 Section

6" EDWARDI VII, No. 917.

The Marine Board and Navigation Act Further Amendment Act .- - 1906.

Section 49 of the principal Act is hereby amended by inserting after the word " ships " in the second line of the section the words " whether of British registry or not ":

Sub-section I., of section 50 of the principal Act, is hereby amended by inserting between the words " any " and " ship " in the fifth line of the sub-section the word " such ":

A ship shall be deemed to " ply " within the meaning of section 327 of the principal Act whether such ship plies, travels, or carries for hire or otherwise, ancl whether for any consideration in money or otherwise:

The word " steamship " in Part IT. of the principal Act shall extend to and include ships driven or propelled hp oil or any other kind of engine, in addition to or in place of steam.

Remedies of master

for wages, disburee- 6, (1) The master of a ship shall, so far as the case permits, have

ments, $0.	the same rights, liens, and remedies for the recovery of his wages as
Imp. Statute 57, 58,	a seaman has under the principal Act or by any law or custom.
Vic., cap. 60, sec.	167.	(2) The master of a ship, and every person lawfully acting as master of a ship by reason of the decease or incapacity from illness of the master of the ship, shall, so far as the rase-permits, have the same rights, liens, and remedies for the recovery of disbursements or liabilities made or incurred bp him on account of the ship as a master has for the recovery of his wages.

(3) If in any Admiralty proceeding in any Court having Admiralty

jurisdiction touching the claim of a master in respect of wages, or of

such disbursements or liabilities as aforesaid, any right of set-off or counter-claim is set up, the Court may enter into and acljudicate upon all questions and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, a i d may direct payment of any balance found to be due.

7, No person shall at any time during S u n d a ~ ship or ~inshil), or

NO shipment or

unahipment of good0 cause or permit to be shipped or unshipped, o; water-borne to be

on Sunday.

shipped or unshipped, any goods: Pro\ ided that it shall be lawful for the master of any coast-trade ship to unship any cattle, fresh meat, fresh fish, fruit, vegetables. and other perishable articles, and personal baggage of passengers on a Sunday; and provided also that it shall be lawful for the Commissioner, in cases of emergency, to grant a permit to the master of' any ship to ship or unship ~ o o d s hn a Sunday subject to such terms and conditions as the Commissioner may think

fit

Penalty 8. Any person committing a breach of the next preceding section

shall be liable to a penalty not exceeding Two IIundred and Fifty

Pounds.

Veeaela in an

unseaworthp 9, Any 11erson who arrives at any port or l'ldce within the said

condition.	State from any other port or place in the said State in charge of	any	*
ship

6" EDWARDI VII, No. 917.

The Marine Board and Navigation Act Further Amendment Act.-1906.

ship in such an unseaworthy condition that the life of any person might, had the ship been a t sea in such condition, thereby be endangered, shall be guilty of a misdemeanor, unless he proves-

(a) That he used all reasonable means to eneure her being sent to

sea in a seaworthy state; or

( h ) That her going to sea in such unseaworthy state was, under the

circumstances, reasonable and justifiable; or

( c ) 'l'hat she became unseaworthy whilst at sea after leaving the

last port of call, in consequence of circumstances over which

he had no control:

and, oir conr~iction as the owner or representative of the owner of such ship, shall be liable to a penalty of not less than Fifty Pounds nor more than One Hundred Pouncls.

10, Any person who sentls or takes, or attempts to send or take, Penalty for deputing

or who departs from or arrives at any port or place in the said State f;; ;r;zkr;t

in charge of any ship without the hatches of such ship being properly hatches on.

battened down and secured, or in such a position and condition that

they can be so battened down and secured without delay, shall be

1ial;le to a penalty of not exceeding One Hundred Pounds.

11, Every Municipal Corporation or 1)istrict Council having Control and manage-

the rare, contml, and management of any j ettv, pier, wharf, or ment wharves of jetties by Corpora- and

breakwater, the approaches thereto, or other works in connection tions or District shall fail to cleanse or repair any such jetty, wharf, pier, breakwater, or approach thereto, or works in coimection therewith, within a

therewith within its boundaries or district, whether heretofore or Counci's.

hereafter constructed, shall thoroughly cleanse, repair, a i d maintain

the same in a proper stptc a i d condition to the satisfaction of the

time after being required by the Commissioner to do so

put into a proper state and condition, and the cost thereof shall be the C'ommissioner may cause the same to be cleansed, or repaired, or paid hy the Municipal Corporation or District Council to the Commissioner, or may be deducted from any moncy subsidy payable by the Government to the JIunicipal Corporation o; District Council, as the case may be. A certificate signed by the President of the Marine Board Shall be conclusive evidence of the cost of cleansing or repairing wch jetty, pier, wharf, breakwater, or approach thereto, or works in coimection therewith. Notwithstanding anything in this clause contained, no Municipal Corporation or District Council shall be liable to expeird in any year in so cleansing, repairing, or maintaining :my such jettv, pier, whilrf, or breakwater, or any approaches thereto, any larger sum in the aggregate than the revenue derived bp such Municipal ('orporation or District Council from such jetty, pier, wharf, or hreakmatcr during the year immecliately precetling such expenditure.

1.2. The

6" EDWARDI VII, No. 917.

The Marine Board and Navigation Act Further Amendment Act.-1906. P P - P p P

Lighting of whalves. 12. The owner, lessee, occupier, or person lla~ring the control or

managerneni oi any wharf' which the Governor shall b ~ r Proclamation direct to be lighted under this section, shall keep alight on such wharf at such tinics as shall be specified in such Proclamation such a number of good and efficient lamps or other lights as shall be sufficient to properly light every part of such wharf': Providrd that when the portion of the wharf forming a street end is the property of a Corporation, or District Council, such portion of the wharf shall be lighted at the expense of such Corporation or District Council during the currency of the present lease.

Penalty for default. 13. Any person failing to comply wit,h the pro~isions of the last

preceding section shall be liable t& a penalty not exceeding Two

Pounds for every night on which he so fails.

BY-laws. 14. In addition to the powers conferred upon it by the principal Act, the Board may make by-laws and regulations for prescribing on what nights such lamps or other lights shall be kept alight, and for regulating-

( a ) The mode of examination of engineers, and

(6) The number and qualification of engineers for

(1) Foreign-going ships,

(2) Intercolonial ships,

(3) Coast-trade ships, and

(4) Ships plying within restricted limits:

and such other by-laws or regulations as may be necessary for carrying out the objects of this Act. Such by-laws and regulations shall be made and dealt with, and penalties may be affixed for the breach thereof, in manner prescribed by the principal Act.

I reserve this Act for the signification of His Majesty's pleasure. GEORGE R. LE HUNTE, Governor.

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Adelaide: By authority, C. E. Bnrs~ow, Government Printer, North Terrace.