Trinity House Act 1851 (SA)

ANNO DECIMO QUlNTO

VICTORIB REGINB.

No. 5.

An Act to incorporate the Trinity House of Port Adelaide, South

Australia. p!.-. Ay

A.%%F-- /.Qd

[Assented to 23rd December, 1851 .l -

HEREAS it is expedient to place the regulation of Port powers and functions, as far as local circumstances may permit,

W Adelaide under the control of a Corporate Body, with Preamble,

similar to the authority long and now usefully exercised by the

Trinity House ia London:

Be it therefore Enacted, by the Governor of South Australia Govemmmayimr.

with the advice and consent of the Legislative Council thereof, porate the Trinity

That it shall be lawful for the Governor by letters patent to be by House of Port Ade-

him for that purpose issued, under the piblic seal of the Province aforesaid, to incorporate a guild or fraternity by the name of the "Trinity House of Port Adelaide," such guild to consist of a Master and four Wardens, together with such other brethren, being master mariners, or mates expert in navigation and trading or having traded at the said Port, as the said Master and Wardens shall at any time call upon to advise with the said Master and Wardens, touching the regulations of the said Port in any of the matters and things expressed in this Act, or the letters patent hereby authorised to be issued.

G and how nominated, &c.

2. And be it Enacted, That two of the Wardens of the said Masterof Trinity House to be elected by

Trinity House shall be nominated and appointed by the Governor, wudcns- wmdem

and the remaining three Wardens shall be nominated by the Legis- lative Council of the said Province for appointment by the Governor, and the said Wardens shall appoint their own Master. and in the event of the occurrence of any';acancy in the Wardens so nominated by the Legislative Council, such vacancy shall be filled up by nomination of the said Legislative Council, if then sitting, or if the Legislative Council shall not be then sitting, then by the Governor and Executive Council for the time being of the said Province: Provided always that any non~ination so made by the Lieutenant- Governor and Executive Council as aforesaid may be confirmed, changed, or altered bv the said Legislative Council at its then next Session: Provided ihat it shall be lawful for the Governor to re- move any Warden for the time being in compliance with any Address to that effect from the Legislative Council.

The Trinity House,	3. And be it Enacted, That it shall be lawful for the Trinity
Port Adelaide to

license Pilots, to fix	House of Port Adelaide aforesaid to appoint, license, and remove
rates of Pilotage, &C.,	all pilots; to amerce pilots acting as such without licence; to settle
to superintend Lights,
Light-houses, &C.,	the rates of pilotage; to superintend lights, light-houses, and
and to establish	other sea or harbor marks now or hereafter to be erected; to erect
Dues, &c.	and set up lights, light-houses, and sea and harbor marks; to make and establish light and beacon dues; to grant and charge for li- cences to watermen and others plying h r hire within Port Adelaide aforesaid; to certificate%harfs as to the class and description of vessels that m w u g h t alongside them; to clear ----.+L,. and dee en the --- said b r t; to employ and license tugs to conduct vesse S in o and out of the said Port; to supply ballast to ships or others, charging for the same; and to regulate the, Powder Magazine, and the un~hipping, landing, porterage, warehousing, and delivery of gunpowder and ammunition, within the limits of Port Adelaide aforesaid.

Powers of the Trinity 4. And be it Enacted, That the powers and authorities of the

laide to extend over	Trinity House of Port Adelaide shall extend and be exercised in
the firnits or port
Adelaide, &c.	and over the limits of Port Adelaide, one nautical league to
seaward from low water mark along line of the Province.
Harbor dues, &C.,	5. And be it Enacted, That the harbor and pilotage dues, and dues payable on the use of the steam-tug, and all other dues now payable by law within the said Port, shall continue to be levied and paid, until other provision in that behalf is made as hereinafter provided; and the said dues, and all other dues, fees, and fines from time to time imposed and paid within the said Port by virtue of this Act, shall be paid to the Trinity House of Port Adelaide aforesaid, and shall be applied by them to and for the public pur- poses and objects of the said Trinity House.
how levied, &C.

me Trinity House of 6. And be it Enacted, That it shall and may be lawful for the

p ~ ~ ~ d & d e t ~ ~ ~ ~	said Trinity House of ~ d r t	Adelaide, from time to time, to make,
by-laws subject to al-

lowance of Governor, alter, and reseal such bv-laws , and redat ions as to them shall

seem' meet f ; regulating utheir own proGedings, and for regulating

and carrying into effect all matters and things by this Act autho-	. -
rised

*becl to bc done; and also for establishing and fixing harbor,

pilotage, steam-tug, light, and other dues, in the place of the dues now existing by law; and to a oint, by such by-laws, fines for

next hereinafter provided, have the force of law, and any fines

the enforcement thereof; and such ees y-laws shall, when allowed, as

thereby im osed shall be recovered summarily, in the same manner

as though t ey ad been imposed by this Act: Provided that no %-n such by-law shall come into operation until the same shall have

been allowed by the Governor, by and with the advice of the Exe- cutive Council, nor until fourteen days after publication thcreof in the South Australian Government Gazette : Provided also, that, upon receipt of any such by-laws by the Governor fbr allowance,

a copy thereof shall be laid before the Legislative Council, if then

sitting; and if such Council shall not be then sitting, then within

fourteen days from its next meetiag for the dispdtch of business.

7. And be it Enacted, That an account of all moneys received Accounts to be lad

and expended for the purposes of this Act, signed by the Master Council mnually.	before the Legidative
of t11e said Trinity House of Port Adelaide, made up to the twenty- fifth day of December in each year, shall annually be laid be- fore the Legislative Council of the said Province within twenty-one days then next, if the said Council be then sitting; or within four- teen days after the first subsequent meeting of' such Council for the dispatch of business; and sucb accounts shall specify the total
sum received under each head for harbor, pilotage, steam-tug,
light, or other dues for the purposes of this Act; and such account shall also specify the df i rent heads of expenditure for the pur- poses of this Act, and the amounts actually expended under each head, and all such accounts shall be duly audited by the Auditor- General of public accounts of this Province; and after being so audited, an abstract thereof shall be published in the South Aus- tralian Government GazetJe.

8. And be it Enacted, That nothing in this Act contained shall Preaent Harbar R ~ P - latione to continue in

extend, or be construed to extend, to repeal, alter, or vary the force,

said.

harbor regulations at present in force within Port Adelaide afore-

JOHN MORPIIETT, Speaker.

Passed the Legislative Council this Twenty-

third day of October, One Thousand Eight

Hundred and Pzj2y-one.

WM. B. GILBERT,

Pro Clerk of Council.

In the name and on the behalf of Her Majesty I assent to this Act.

13. E. F. YOUNG,

Lieutenant-Governor.

Government House, Adelaide,

23rd December, l85 1.

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ADELAIDE: Printed, by authority, by W. C. Cox, Government Printer, Victoria-square.