Wharfage Rates Act 1844 No 22a (NSW)

1482 No. IG. 8« VIO. 1844.

Wharfage Rates.

No. XVI.

W harfage Kates, | ; q H i a k O f u r t h e i * p i O V i s i O l l f o i ’ p a y m e i l t

of Wharfage Rate.s and to amend the Laws for the regulation of Shipping in certain cases. [20/7? December', 1844.]

Preamble.	\T T H E R E A S by an Act passed by the Governor and Council of
T T
New Soutli Wales in the seventh year of the reign of Her present Majesty intituled “ An Act further to amend an Act intituled “ ‘ An Act fo r the better preseroation o f the Rorts Harbours Havens “ ‘ Roadsteads Channels Navigable Creeks and Rivers in New South “ ‘ Wales and the better regidation of Shipping in the same' ” it was among other things enacted tliat it should and might be lawful to levy the several rates and charges for wharfage on all goods merchandise and packages landed at the Queen’s Mhiarf in the City

7 Vic, No, 12.

,	of Sydney in the Colony aforesaid or at any other puhlic wliarf in any port or harbour within the Government of New South Wales which were inserted described and set forth in the Schedule to the said recited Act annexed marked C provided that goods landed at any private sufferance wharf should be charged with only one-third part of the said rates and charges and whereas it is expedient to reduce the amount of wharfage rates so to be levied in respect of
iieductiou of	goods landed at any public wharf Be it therefore enacted by His
wharfage rates on
goods landed at	Excellency the Governor of New South "Wales with the advice and
public wharves.	(•onsent of the Legislative Council thereof ’I'hat from and after the passing of this Act the rates and charges which it shall be lawful to levy as wharfage in respect of any goods merchandise or packages landed at any Avharf in any port or haihour within tlie Government of New South Wales Avhich shall be declared to be a public Avharf in the manner hereinafter mentioned shall be two-thirds of the charges set

Not to afleet wiiay-forth in the Scliedule to the said recited Act annexed marked C	Pro­
fage rate on goods

landed at private	vided always that all goods merchandise or packages landed at any
sufferance wharves.	private sufferance wharf shall continue to l)e charged Avith one-third
Proviso as to coal	pai’t of the said rates and charges Provided also that the charge on
and other minerals.	the landing of coal or other mineral at any such public wharf shall be at the rate of six-pence per ton and at any private sAifterance Avliarf at rate of three-pence per ton.
Wharfage rate to be	2. And be it cnactcd That from and after the passing of this merchandise and packages laden AA’hether in ships A'cssels or itoats from any such puhlic Avharf as aforesaid equal to one-half the charges Avbich by tbe said recited Act are authorized to be leAued on goods

irom'̂ anŷ raŵ	sliall be lawful to levy a wharfage rate in respect of all goods
wiiarf.

Wharfage rate on	landed at the Queen’s M^harf in the City of Sydney Provided hoAvever
goods laden from
sufferance wliarves.	that all goods merchandise or packages laden as aforesaid from any private sufferance AAdiarf shall be charged Avith only one-iburth part oi' the said rates leviable under the said recited Act in respect of goods
Proviso as to coals	landed at the Queen’s Wharf Provided also that the (Large on the
and other minerals.	lading of coal or other minerals from any public Avharf shall be at the rate of three-pence per ton and from any private sulfcranc(> Avharf at the rate of one penny half-penny per ton.

Kate to he levied on 3. And be it enactecl That from and after the passing of this sliall bc laAvful to levy a rate of one half-penny pen- ton of

register measurement per diem on all vessels loading unloading or refitting at any public wharf in the Colony aforesaid Provided hoAvever

that

1844. VIC. No. 16. 1483

■ Wharfage Hates.

tliat sucli rate shall not commence to be levied until after the expira­ tion of the respective periods mentioned in the Schedule to this Act annexed.

t. And whereas it is expedient to declare what shall Ijc con- What shall be

sidered public wharves within the meaning of this Act Bc it therefore V

enacted That the following wharves shall be deemed to be public Avharves within the meaning of the same that is to say the Queen’s Wharf in the City of Sydney the Circular Wharf at the head of Sydney Cove in the said city the Queen’s Wharf at the Town of Melbourne and any such other wharf or wharves as shall be declared by order t'f tbe GoA^ernor by a notice published in the New South W'ales Govern­ ment Gazette to be a public Avharf or public wharves Avithin the meaning of this Act.

5. And Avhereas it is expedient to declare Avhat shall bc con- AVhat shall be

sidered to bc sufferance Avharves Avithin the meaning of this Act Be it enacted That all private Avharves for AAdiich a sufferance shall lia e licen or shall bc granted by the Collector of Customs Avith the authority of Ilis Excellency tlie Governor or if Avithin the District of Port Phillip by the Sub-Collector or other Chief Officer of Customs resident at Mel­ bourne with the authority of His Honor the Superintendent of Port Phillip shall be deemed to bo sufferance Avharves within the meaning of this Act until the same shall be annulled under the same authorities respectively.

fi. And whereas a shed has been erected on the Circular Wharf (‘oiiector of Customs

laden from the same and it is expedient to regulate the use of the said uso oAhed on

shed Bc it therefore enacted That it shall and may be lawful for the AVhaif.

at the head of Sydney Cove for the protection of goods landed at or Governor for the time being to make such rules and regulations for the using of the said shed as to him shall seem meet and from time to time to amend alter or repeal the same and all such rules and regulations or such amended altered or ncAV rules and regulations shall take effect from and after the expiration of one month from the date of the pub­ lication of the same in the Neiv South Wales Government Gazette.

7. And be it enacted That it shall be laAvful for the Sub-Col- Sub-Ooiiector to

lector or other Chief Officer of Customs at Melbourne subject to the u^aVsbed weXd

apj)i’oval of the Superintendent of Port Phillip to make such rules and at Melbourne,

regulations for the using of any shed which has been or shall be

hereafter erected on the Queen’s Wharf at the ToAvn of Melbourne as	•
to him shall seem meet and from time to time to amend alter or repeal the same and all such rules and regulations or such amended altered or now rules and regulations shall take effect from and after the expi­ ration of one month from the date of the publication of the same in the Hort Fhillip Government Gazette.

8. And be it enacted That if any person shall in any case fail I’enaity for breach of

or neglect to observe all or any of such rules and regulations as shall or may from time to time be published as aforesaid or shall do or com­ mit anything contrary to the plain meaning or intent of the same such person so offending shall for every such offence forfeit and pay a fine nccoverj of penai-

of not more than Aa 'c pounds to be recovered in a summary way before

any one or more Justice or Justices of the Peace.

9. And be it enacted That from and after the passing of this vessels to or from

Act the vessels of all nations outfitting for or refitting from the fisheries f,fbaUasrcxempr'*

and all  essels arriving and sailing in ballast or Avhich may not break from itort dues

bulk or only to such an extent as may be necessary to provide funds a

for the repairs refitting or refreshment required shall be Avholly ex- been

empted from all port charges AvhatsoeA'er except only those of pilotage ”	•
in cases Avhere the services of a pilot shall have been actually required

and received anything contained in any Act to the contrary not- ■ j

Avithstanding. 10.

1484 No. IG. 8̂ VIC. 1844.

Wharfarjc Bates.

Vessels trading	10. And whereas it is expedient to exempt all ships and vessels
between Australian

Colonies coasters	trading hetAveen any port of N oav South Wales and any of the other
and vessels under	Australian Colonies or A cay Zealand and all A'essels under tAventy-five
2o tons exempted
from pilotage	tons of register measurement and all ships and vessels employed in the coasting tradt' from the payment of pilotage Be it therefore enacted That from and after the passing of this. Act all ships and vessels

except where scr- . trading hetAÂ een any port of X cav South AValcs and any of the other

beermedved?*̂ Colouics or NcAV Zealand and all A'essels under twenty-five tons of register measurement and all ships and vessels employed in the coasting trade shall he exempt from the payment of pilotage except in cases Avhere the services of a pilot shall have been actually required and received.

Vessels entitled to	11. Provided ahvays and be it enacted That the master or com­
exemption from

pilotage to have a	mander of every ship or vessel entitled to any reduction or exemption
white flag flying at	of pilotage under this or the said recited Act shall on arriving Avithin
main-mast head.	one league of the entrance of any such port which he shall intend to enter cause a aa bite flag to he hoisted at the main-mast head and keep the same flying until he shall have entered such port and the master
Penalty for neglect	or commander of any such ship or  essel Avho shall neglect to have
to have white flag
flying.	such flag flying as aforesaid and Avhose ship or A'essel shall he boarded by a licensed i)ilot in consequence of such neglect shall be subject to the payment of pilotage rates in respect of such ship or vessel in the same manner as if a pilot had been required and employed by him any laAV or regulation to the contrary notwithstanding.

Vessels above 2o and	12. And whereas by Schedule B to the said recited Act annexed
tinder 50 tons not

required to take	A'essels arriving in or departing from tlie Hai’bour of Port Phillip above
pilots.	thirty and under fifty tons burthen not being steamers nor engaged in the coasting trade may decline taking pilots l)ut must ne\'ertheless pay one-half of the rates in the said Schedule set forth and it is expedient to place such vessels and also A'essels above tAventy-fiA'e and under thirty tons on the same footing in respect of pilotage as vessels of tlie same class arriA'ing in or departing from the Harbour of Port J aekson
But nevertheless to	Be it enacted That all vessels above tAventv-five hut under flftv tons of V V
pay half pilotage.	register measurement arriving in or departing from the Harbour of Port Phillip shall not be required to take pilots hut though they decline taking them shall he chargeable Avith pilotage at one half the rates set
steamers or coasters.
Unless tlioy be	forth in Schedule B to the said Act annexed unless they be steamers or engaged in the coasting trade or trade Avith any other of the Australian Colonies or New Zealand in which case they shall be Avholly
Full rate to be paid	exempt from the payment of any pilotage rates as aforesaid Pi'ovided
where services of a
pilot liave been re­	liOAveA'Cr that in case the services of a pilot shall l)e actually required
ceived.	and received the full amount of pilotage shall be chargeable in respect of any such A'essel.
Pilotage in certain	13. And AA'hereas it is expedient to make proA'ision for the Phillip in the Colony aforesaid Be it therefore enacted That all vessels passing from Hohsoji’s Bay to Geelong or from Geelong to Hobson’s Bay in case they require and receive the services of a pilot shall be chargeable Avith one-fourth part only of the rates of pilotage set forth in the Schedule to the said redted Act annexed marked B.
cases within the
Harbour of Port	payment of pilotage in certain eases within the Harbour of Port
Pliillip.
Appropriation of	14. And bc it enacted That all sums collected under this Act (excepting pilotage Avhich shall he payable to the licensed pilots employed) shall l)e paid into the hands of the Collector of Customs or other Officer of Customs at the port or place where the same may be payable and shall he 1)y him paid o\'cr to the Puhlic Treasury for the purposes of the General llevenue of the said Colony and that all fines and forfeitures recoverable under this Act shall go to the party or parties informing or suing for the same.
sums collected and
of penalties.

SCHEHULE

1844. 8'’ VIO. No. 17 1485

Hate o f Interest.

SCHEDULE ]{EEEllllED TO.

P eriods during which Vessels lying :it any Puhlic Wharf arc exempt from the payment of

Wharfage rate whether lor loading unloading or refitting respectively.

I f under 100 tons	.	() days.
If 100 to 200 tons .	12 days.
If 200 to .000 tons .	10 days.
If ;:oo to 40ti tons .	20 day.s.
If 400 to 500 tons .	24 days.
Above 500 toms	.	.)5 day.s.

Excluding Sundays in each ease.