Wollongong Harbour Trust Act 1889 (NSW)

'No. 19.

53̂ VIC.

1889.

Wollongong Harbour Trust.

No. XIX.

to provide for tlie improvement,

—	management, and regulation of the port of Wollongong {ind certain portions of the Tom Thumb Lagoon, and for other purposes connected therewith. {SOth September, 1889.]

T V E it enacted by the Queen’s Most Excellent Majesty, by and

i )	n itli the advice and consent of the Legislative Council and

Legislative Assembly of New South "Wales in Parliament assembled, and by tlie authority of the same, as follows:—

Preliminarg—ss. 1 to 3.

Short title and com.

1. Tliis Act may bc cited as the “ Wollongong Harbour Trust thousand eight hundred and eighty-nine.

monccment of Act.

i 3 g()y’

shall come into force on the first day of October, one

Arrangement of Act.

2. The ciiactments hereinafter contained are arranged under Parts in the order folloAving;—

PART I .— Qonstitullon o f the Wollongong Harbour Trust

Commission, ss. 1-32.

PART II .— Officers, ss. 33M2.

PART I II .— Propertrj and Powei-s o f Commissioners, ss. 4 3 -7 l.

PART IV .— Rates, 8fc., ss. 75-82.

PART V.— Harbour Trust Fund, ^c .—Loans, ss. 83-95.

PART V I.—Regulations, ss. 96, 97.

PART V II.— Miscellaneous, ss. 98-121.

inierprciiition.

3. Ill tlic constriictioii aiid for the purposes of this Act, each of the folloAving expressions shall liaÂ e the meaning hereby assigned to it, unless such meaning be inconsistent ivitli the context in ivliich tlie expression occurs—

“ Ballast”— Includes every kind of stone, gravel, sand, and soil,

and material commonly used for the ballasting of vessels.

“ Commissioners”— The Wollongong Harbour Trust Commis sioners constituted under this Act.

“ Goods”— Includi's all ivarcs, merchandise, and articles of what soever description.

“ Governor”—The Governor, with the advice of the Executive

Council.

“ Harbour master”— Includes assistant harbour master.

“ Master”— Includes ei^ery person having lawfully, or de facto,

the command, charge, or management of a vessel for the time

being.

“ OAvner of a registered sbiji”— Includes any person Avho is the OAvner jointly Avith any other person or persons, or as a share holder in any joint stock company registered as OAvners.

“ Owner,” Aidien used in relation to goods— Includes any con- sigiAor, consignee, shijiper, or agent for the sale or custody, loading or unloading of such goods, as Avell as the owner thereof.

“ RRer”—

1889.

53̂ VIC.

VTo. 19.

Woilongon(j Harbour Trust.

E-iver”— IncUuIcs creek.

Sliip”—Every description of vessel used in navigation not pro

pelled by oars.

Shore”—The shore so far as the tide; flows and re-flows.

The port ”—Tlie port of Wollongong, including the present

harliour as Avell as the foreshore, extending tAVo miles north and south respectively from a point in the harhonr to he marked hy an ohclisk, together Avith the lands dcscrihed in the Eirst Schedule.

Vessel”—Any sliip, lighten’, harge, float, raft, craft, or A'essel

of Avhatever description and hoAA’soever navigated.

Wreck”— Includes jetsam, flotsam, lagan, and derelict.

PA llT

Constitution o f the Wollongong Harbour Trust Commission.

4. There shall he tAvelvo Commissioners for carrying this Act ApiioinimeTit of

into execution, aaIio shall he a body cor^forate hy the name of “ The Wollongong Harhonr 'Irust Commissioners,” and, hy that name, shall

liaÂ c perpetual succession and a common seal, Avith poAvor to take, purchase, sdl, lease, and hold lands, tenements, and hereditaments, goods, chattels, and other property, for any of the purposes of this Act, hut in all cases subject to the provisions of this Act.

5. All courts, judges, and persons acting judicially, shall take Scaiof Commis-

judicial notice of the incorporation, and also of the common seal ol

“ The Wollongong Harhonr Trust Commissioners” aflix('d to any d('cd, instrument, or Avriting, and shall presume that such seal Avas properly affixed thereto ; and such deed, instrnmcfit, or Avriting, Avhen need, insirutnoid, or

sealed, Avhether such instrument or Avriting renuirc'd to he sealed o r

H'aicd ud-

n 1

•

* 1

•

j Ji

• 1

nnssible m evidence.

nor, sliaii ho admissililo in evalonce lor and ag;ainst the said Com missioners on the mere production thereof, Avithout any other or further proof of the making of such deed, instrument, or Avriting, or of the due incorporation of the said Commissioners.

G. Of such Commissioners the Council of the Borough of Eicct;oii and

North IllaAvarra shall elect one; and the Bnlli and Cl if ton Division of the Electoral District of IllaAvarra, Avithin the area of thOr w'spectivc population boundaries, Avhen formed into a municipality shall, hy their Council, elect one ; the OAvners of ships registered in Sydney, trading Avitli the Port of 'Wollongong, shall elect tAvo; and tin; collicay o\\ nei's, merchants, and traders liable to pay Avharfagc rates under this Act, shall elect two. The Governor shall appoint three Commissioners; and may suspend or rcnnoA'C fronr oflicc any Commissioner ap])oint('d hy him. The Commissioners to he clect('d hy the Councils herein specified shall he so elected hy a majority of A-otes of the aaI ioIc of the members of each of such Councils.

Wollongong shall elect tAvo ; the Council of the Boroifgh of Central ômmUsilwrs[

7. The Commissioners eh-eted hy tlie Council of the Borough EiecUon of

of Wollongong shall liold office for a period of tAvo years next ensuing

llongoiig.

from the date of such election, unless disqualified as hcr('in proAuded, and shall retire in rotation each alternate year. Provided that at the first election the Commissioner elected hy the second highest number of votes shall hold oflicc for one year Only, and at all times at least one of such Commissioners must he a person in no AAuy connected with, or holding office in or under the Council of the said Borough.

No. 19.

53̂ ̂ VIC.

1889.

TTollongong Harbour Trust.

Election of Commis	8. The Commissioners elected by the Councils of the Borough
sioners for Central

and North Illawarra.

of Central Illawarra and also hy the Municipal District of North Illawarra shall each hold office for a period of two years next ensuing from the date of such election, unless disqualified as herein provided, and shall retire in rotation each alternate year. Provided that at the first election the Commissioner for Central Illawarra shall hold office for one year only.

Election of Commis	9. The Bulli and Clifton division of the Electoral District of
sioners for Bulli and

Clifton when formed

lilawarra, within their respective population boundaries, whenever

into a municipality.

formed into a Municipality under the “ Municipalities Act of 1867” or any Act relating to Municipalities, shall by their Council elect a Commissioner, who shall hold office for a period of two years next ensuing from the date of such election unless disqualified as herein provided. Provided tliat the Governor shall appoint a Commissioner for the said division until formed into a Municipality, and qualified to elect a Commissioner in like manner as the other Municipalities specified in this Act.

Preparation of rolls ol	10. The Collector of Customs shall, within thirty days after the
shipowners, colliery

owners, merchants,

passing of this Act, cause to be prepared a list of names of all persons

and traders.

registered as owners of ships registered at Sydney or any other port in the Colony and trading to the port of Wollongong, with the amount of tonnage owned hy each at the date of the passing of this Act set opposite their names; and also a list of the names and addresses of all persons entitled as herein provided to vote as colliery owners, merchants, and traders. Such lists shall each he certified hy the said Collector. Such lists so certified shall he the rolls to he used at the first election of such Commissioners hy the shipowners and colliery owners and other persons mentioned in section six of this Act respec tively, and shall remain in force until new rolls have been prepared and revised as herein provided. And no election held under any such roll shall he liable to be questioned in any Court by reason of the improper omission of any name from, or of the improper inclusion of any name in, such roll, and such rolls when prepared shall he exposed to the public at the doors of the Custom House in Wollongong for one fortnight.

Election by

11. The persons Avhose names arc on the rolls for owners of

shipowners.

ships in force for the time being, shall elect two Commissioners, who shall hold office for a period of two years next ensuing from the date of such election, unless disqualified as herein provided, and who shall retire in rotation each alternate year. Provided that at the first election the Commissioner who obtained the second highest number of votes shall hold office for one year only.

The powers who

(i) Every person who is registered as owner of not less in the whole than thirty tons of shipping shall he entitled to one vote in respect of every thirty tons of shipping owned hy him for each Commissioner to he elected hy shipowners, hut so that the votes of any owner for any one Commissioner shall not exceed three.

may vote.

(ii)	Where a ship is registered in the name of one person he shall he deemed the owner.
(ill)	Where a ship is registered in distinct and several shares in the names of more persons than one, the tonnage shall he apportioned among the owners as nearly as may he in pro portion to their respective shares, and each of such persons shall he deemed for the purpose of an election the owner of the tonnage so apportioned to him.
(iv)	IVliero a ship is registered jointly, without severance of interest, in the names of more persons than one, the tonnage, if it is sufficient, either alone or together with other tonnage

. ..

(if

1889.

53® VIC.

No. 19.

TTollongong Harhour Trust.

(if any) owned by such joint owners, to give a qualification to each of them, shall be apportioned equally between them ; and each of such joint owners shall, for the purpose of an election, be deemed to be the owner of the share so appor tioned to h im ; but, if it is not sufficient, the whole of such tonnage shall, for the purpose aforesaid, be deemed to l)c owned l)y such one of the joint owners as is first named in the register.

(v) Por the purposes of any apportionment under this section, any portion may be struck off so as to j>roduce a divisible amount.

(vi) The whole amount of tonnage so owned by each person, whether in ships, or in shares of or interests in ships, shall be added together, and, if sulficient, shall constitute his qualification.

12. The colliery OAvners, merchants, and traders Avhose names Election by coiiicry

are on the rolls in force for the time being shall elect two Com- °,7dTmaoir

misioners, Avho shall hold office for a period of two years next ensuing

from the date of such election, unless disqualified as herein provided,

and shall retire i]i rotation each alternate year. Provided that at the

first election, the Commissioner obtaining the second highest number of

votes, shall hold oflicc for one year only.

13. Por the purpose of electing Commissioners to represent the CoiUery owners, mcr-

colliery oAvners, merchants, and traders paying Avharfagc rate as aforesaid, all persons shall be entitled to be inscribed on the certified roll in force for the time being whoso names appear in the books of Commissioners as having paid during the year immediately preceding the preparation of the roll in each year, the sum of ten pounds sterling or upwards for Avharfage rates, shall be an elector, and entitled to vote according to the folloAving scale :—

(i) Payment of ten pounds or upAvards, but less than one hundred pounds, shall gWe one vote for each Commissioner.

(ii) Payment of one hundred pounds or upwards, but less than three hundred pounds, shall give tAvm Amtes for each Commissioner.

(ill) Payment of three hundred pounds or upAvards, bnt less than five hundred pounds, shall give three votes for each Commis- sioner.

(iv) Payment of fiAC hundred pounds, but less than one thousand pounds, shall ghm four votes for each Commissioner, AA'ith one additional vote for every additional thousand pounds or part of a thousand pounds.

Provided that at the first election, the roll of colliery owners, m cr-. chants, and traders certified by the said Collector, shall be tlie roll in force and to bo used at the said first election, and until iicav rolls are j)repared pursuant to this Act.

14. The Commissioners appointed by the Governor shall con- Commissionora

tinuc in office for tAVO years next ensuing from tlie date of their

appointment, unless disqualified, or removed as herein provided.

16. The Commissioners appointed by the Governor shall, Avithin First, duUcs of

seven days after their appointment, elect one of their nuinlfer to act as

temporary Chairman, Avho shall have poAA er to do all things requisite	"	’
to carry into effect the election of the Commissioners to represent tlie Municipal Councils. And from and after such election the Commis sioners appointed by the Governor and elected by the Councils shall be empoAvered to carry on the affairs of the Trust, and shall, Avithin one month from the date of the election of the Commissioners by the Councils, provide for holding elections of Commissioners to represent the shipoAvners, and of Commissioners to represent the colliery OAAOiers, merchants, and traders. Provided tliat all elections of Commissioners, whether by the Council or otherwise, shall be by ballot, and that all

;	appointments

'No. 19.

53̂ VIC.

1889.

JVollongong Harhour Trust.

appointments and elections of Commissioners shall he duly notified in the Gazette within seven days from the date of such appointments or elections. The costs of all such elections shall he defrayed from the funds of the Llai’hour Trust Tumls hereinafter mentioned.

Elections after the

IG. Tlie vacancies created hy the retirement of Commissioners

first election.

at the expiration of tlieir r<'spective terms of office shall he filled up hy the persons or body hy whom or which each such Commissioner was elected or appointed; and the persons elected or appointed to fill such vacancies, and their successors in office, shall hold office for a period of two years next ensuing from the day of election or appoint ment. Any Commissioner going out of office at the period fixed for the retirement of the first Commissioners, or at an annual day of election or appointment, shall if otherwise qualified be eligible for re-election or reappointment.

Extraordinary

17. Every vacancy in the office of Commissioner, through

Tacancies.

death, resignation, removal, disqualification, or any other cause what ever, shall he filled up within one month after the vacancy shall have occurred, hy the election or appointment of a new Commissioner hy the piersons or body hy whom or which the Commissioner whose vacancy is to he filled up was elected or appointed; and such new Commissioner shall hold office for the unexpired residue of his predecessor’s term. Eut if from any cause the persons or body whose duty it is to elect Commissioners fail, neglect, or refuse so to do, within the time hereinbefore mentioned, the Governor may appoint as many fit and proper persons to he Commissioners as are required to fill vacancies caused hy such failure, neglect, or refusal.

Bankrupts, &c., not	18. No uncertificated bankrupt or insolvent shall he capable
to be or continue to

be Commissioners.	of being elected or appointed a Commissioner, and no Commissioner who shall he declared a bankrupt, or vaI io shall apply to take the benefit of any Act for the relief of insolvent debtors, or who shall compound hy deed or instrument in writing with his creditors, shall be capable of continuing a Commissioner’, and the office of such Commissioner shall thereupon he vacant.
W hat acts, &c.,

to vacate office of

19. If at any time subsequent to his election or appointment

Commissioner.

any Commissioner shall accept or continue to hold any office or place of profit under the Commissioners, or be coneerned in any contract, or participate in any manner in any work to be done, under the authority of this Act, or shall derive, or be entitled to, any benefit either directly or indirectly therefrom, or shall be absent from four consecutive periodical meetings of the Commissioners without leave first obtained from the Commissioners, such person shall cease to be a Commissioner,

Exception.

and his office thereupon shall become vacant. Provided always that no person being a shareholder or member of any incorporated or joint stock company consisting of more than twenty persons shall be dis qualified from acting as a Commissioner l)y reason of any contraet entered into betAveen such Company and the Commissioners, but it shall not be lawful for any sueh shareholder or member to act as a Commissioner in any matter relating to any contract entered into betAveen the Commissioners and such Company.

Remuneration of

20. The Commissioners shall each year sot apart o;it of the

Commissioners.

Harbour Trust Eund sums not exceeding, in any year, in the aggregate, the sum of six hundred pounds sterling, to bo divided, Avith the approA'al of the Governor, among the Commissioners in such proportion, not exceeding tAVO pounds for each Commissioner for each attendance, as they shall determine.

OtEce to be provided

21. (i) The Commissioners may provide and maintain a suitable

for Commissioners.

public office Avithin the toAAm of Wollongong for holding the meetings and transacting the business of the Commissioners, and for the use of their officers, and for transacting all business connected AAdth the

trust;

1889.

53̂ ̂ VIC.

No. 19.

IVollongong Harhour Trust.

trust; and for such purpose may purchase or lease any building suitable for tlie purjioses of offices, or may erect any building upon any laud vested in or acquired by them under the provisions of this Act.

(ir) The secretary, or some person duly authorized by the The Commissioners

and days appointed to he kept as ^mhlic holidays or hank holidays at omce.

Commissioners in that behalf, shall attend at their office daily (Sundays auendritl-a"t an of receiving notices and transacting the ordinary business of the Commissionei-s, and duo notice of the place of the office of the Com missioners, and of the hours during which attendance is given there, shall he published by the Commissioners in such manner as they shall think proper.

22. The Commissioners shall hold their first meeting at some Meetings of Cem-

convenient place within the town of AVollongong upon the AVednesday next after all the Commissioners shall hai'c been elected and appointed as herein provided, at the hour of Twelve at noon; and the Com missioners may, hy adjournment of such meeting, or any subsequemt meeting to he holden under the authority of this Act, meet together at any conveniimt place and hour, to be from time to time appointed hy them for that purpose ; and if at any such meeting there shall not he five Commissioners prc'sent Avithin a quarter of an hour after the time a]ipoint(!d for such meeting, the Commissioners present, or the majority of them, or any one Commissioner if only one be present, may adjourn such meeting to another day, and, if no Commissioner shall be present, the secretary may so adjourn the meeting.

23. All poAvers vested in the Commissioners under this Act Quorum of

may he exercised hy any live or more Commissioners present at any	Corujiiiesioiiers.
meeting holden in pursuance of this Act, and no business shall he transacted at any such mooring unless fiAV) or more of the Commis sioners shall he ])resent. All questions shall he decided hy a majority of the A'otes of the Commissioners piA'sent, and in case of an e(\|uatity of votes, the chairman shall have a second or casting A'ote in addition to his A'ote as a Commissioner.

24. The Commissioners shall at their first meeting, and in the chairman

corresponding month in every subsequent year, appoint one of their number as chairman for the year following such appointment, hut any chairman on vacating his office shall, if qualified as a Commissioner, he eligible for re-election. If, at any meeting, the chairman is not present at the time appointed for holding the same, the members present shall choose some one of their number jircsent to he chairman of such meeting. The chairman of the Commissioners shall he ex officio a menihcr of all committees thereof.

25. The Commissioners shall hold sueh periodical meetings as Periodif-ai meetings

shall he appointed hy them for any of the puiqioses of this Act, and shall fix the days and times for holding such meetings, a list of sueh days and times of meeting being exhibited in some conspicuous part of the usual place of meeting of the Commissioners; and all such meetings shall he held Avith open doors, unless it shall he necessary to exclude strangers on account of their disorderly conduct, or for any other reason sufficient in the opinion of the Commissioners.

2G. No iiGAV regulations shall be adopted, nor any extraordinary No extraordinary

business he transacted at any periodical mc'cting, unless due notice

thercot has boon given at a prior meeting, and the subject of such unless notice be

business notified to each Commissioner hy Avritten or printed notice

delivered or left in the same manner as is herein required for special

meetings.

27. The Commissioners may hold special meetings, and the Special meetings of

chairman or any three or more of the Commissioners may require a Co'̂ '̂issioners.

special meeting to he held, proA'ided that two days’ notice thereof at

the least he given, unless in cases of emergency.

28.

No. 19.

53° VIC.

1889.

Wollongong Harbour Trust.

How notices of	28. All notices of any adjourned or special meeting shall he in
incctiijj^s of tlie

Commissioners arc

writing or print, or partly in writing and partly in print, and shall he

to be given.

delivered or sent by the secretary by post or otherwise to the usual place of abode or place of business of each of the Commissioners two clear days at the least before the appointed day for holding such meeting, except in cases of emergency; and every notice shall specify the time and place of meeting, and, in case of a special meeting, shall specify the object thereof, and no business shall be transacted at any special meeting except such as is stated in such notice.

Proceedings to be	29.	The Commissioners shall cause entries of the names of all the
entered into a boob,

and to bo evidence.

Commissioners who shall attend any meeting, and notes, minutes, and copies, as the case may require, of all appointments made or contracts entered into by or on behalf of the Commissioners, and of the pro ceedings at all meetings of Commissioners and all meetings of com mittees, to be made and kept in books to be provided for that purpose, and under the superintendence of the Commissioners; and every such entry shall be signed by the person who shall bo in the chair at the ordinary meeting of the Commissioners or committee, as the case may be, next following any such m eeting; and a copy of such entry, certified under the common seal of the Commissioners, shall be received as evidence in all Courts and before all Judges, Justices, and others without proof of such respective meetings having been duly convened or held, or of the persons making such orders being Com missioners or members of such committee respectively, or of tlie signature of the chairman, or of the fact of his having been chairman, all of ndiich lastmentioned matters shall be presumed until the contrary be proved; and all such books shall at all reasonable times be open to the inspection of any of the Commissioners.

When resolution of	30. No resolution or other act at any meeting of Commissioners
the Commissioners

may be revoked at a	shall be revoked or altered at any subsequent meeting unless such
subsequent meeting,	meeting be called expressly for such revocation or alteration by notice given by the secretary three clear days at least before the holding thereof, nor unless such revocation or alteration be directed by a majority consisting of at least two-thirds of the Commissioners present at such meeting.

Acts of Commis*	31. No act or proceeding of the Commissioners or any of them,
missioners not

invalidated by	shall be invalidated by reason only of there being any vacancy in the
vacancies.	number of Commissioners at the time of the act or proceeding; and
Nor by irregularity	all acts and proceedings of the Commissioners or of any of them, or
in appointment or
disqualification.	of any person acting as a Commissioner, shall, although some defect in the appointment or election of, or some disqualitication of, any such Commissioner or person acting as a Commissioner may afterwards have been discovered, be as valid as if every such person had been duly elected, app>ointed, or qualified, as the case may be.

Committees may bo

32. (i) The Commissioners present at any meeting may appoint

appointed.

committees, eaeh to consist of not fewer than three Coinmissioners, for any purposes which the Commissioners think proper, and at any meeting they may continue, alter, or discontinue such committee, but the proceedings of every sueh committee shall be submitted to the Commissioners for their approAnl.

Mode of proceeding

(it) Every such committee may meet and adjourn from plac(!

of committee.

to place and time to time, as they may think projier, bnt no business shall be transacted at any meeting unless two members of the com mittee be present. At all meetings of the committee the chairman of the Commissioners, if present, shall preside as chairman, and in case of his absence, one of the memb('rs present shall be appomted chair man ; and all qiu'stions shall be determined by the votes of the nu'inbers present, and in case' of an ('quality of votes, the chainnan shall have a casting, in addition to his original, vote.

PAET

1889.

VIC.

No. 19.

Wollongong Harhour Trust.

PAET II.

Officers.

33. (i) The Commissioners shall appoint a secretary, treasurer, CommissionCTs to and clerk, and appoint or employ such engineers, surveyors, collectors, and°omcTofficT̂ and other officers, servants, and persons to assist in the execution of this

Act as the Commissioners shall think necessary; and such persons shall hold office during pleasure only. The Commissioners may remove such secretary, treasurer, clerk, engineers, surveyors, collectors, and other officers, servants, and persons, and appoint others in the room of such as shall he so removed, or as may di(?, or resign their offices; and shall pay such salaries, wages, and allowances to the secretary, treasurer, clerk, engineers, surveyors, collectors, officers, servants, and persons respectively as the Commissioners shall think reasonable. INo person so appointed shall he permitted to engage in any employment other than in connection with the duties of his office without the sanction in writing of the Commissioners.

( i i ) If any such secretary, treasurer, clerk, engineer, surveyor, omccr inking fees

collector, or otlicr officer employed hy the Commissioners shall exact,

take, or accept on account of anything done liy virtue of his office, or	'
in relation to the functions of the Commissioners any money hy way
of fee or reivard ivliatsoever other than his fixed salary, or allon ances,

or he in anywise concerned or interested in any bargain or contract	.
made hy or on behalf of the Commissioners, otherwise than as a member only (hut not as a director or officer) of any registered, incor porated, or joint stock company, he shall be incapable of being after wards employed by the Commissioners, and shall forfeit the sum of fifty pounds; and any person may sue for such penalty by action of debt in the Supreme or District Court, and shall on recovery thereof be entitled to full costs of suit.
(ill) Before any person intrusted with the custody and Commissioners to control of moneys—whether treasurer, collector, or other officer of the officerriXmsted’” Commissioners—shall enter upon his office, the Commissioners shall with money,
take sufficient security from him for the faithful execution of his office.

34. Every officer appointed or employed by the Commissioners Officers to account,

under the authority of this Act shall, when required by the Commis

sioners, make out and deliver to them, or to any person appointed liy

them for that purpose, a true and faithful account in writing under his

hand of all the moneys received by him on behalf of the Commissioners ; and such account shall state how, and to whom, and for what purpose, such moneys have been disposed of, and, together with such account, such officer shall deliver the vouchers and receipts for such payments ; and every such officer shall pay to the Commissioners, or to any person appointed by tlieni to receive the same, all moneys which shall appear to be owing from him upon the balance of such account.

35. (i) I f any officer fail to render such account, or to produce Summary rcooTcry and deliver up all the vouchers and receipts relating to the same fSilug to"ccour.t. in his possession or power, or to pay the balance thereof Avhen

required; or if, for five days after being I’cquired, he fail to deliver up to the Commissioners, or to any person appointed hy them to receive the same, all papers and writings, property, effects, matters, and things in his possession or power relating to the execution of this Act, or belonging to the Commissioners, then, on complaint tlnn’cof being made to a Justice, such Justice shall summon such officer to appear befoi’e two or more Justices at a time and place to be sot forth in such summons to answer such charge, and upon the appearance of such officer, or, in his absence, upon pi’oof that such summons was personally served upon him, or left at his last-known place of ahodc',

such

N o. 19.

53̂ ̂ VIC.

1889.

Wollongong Harhour Trust,

such Justices may hear and determine the matter in a summary way, and may adjust and declare the balance owing hy such officer; and if it appear either upon confession of such officer, or upon evidence, or upon inspection of the account tliat any moneys of the Commissioners are in the liands of sncli officer, or owing hy him to the Commissioners, such Justices may order sucli offender to pay tlie same, and, if he fail to pay the amount, such Justices may grant a warrant to levy tlie same by distress, or in default tliereof to commit tlie offender to gaol, for any period not exceeding three months, unless the same be sooner paid.

Penalty on ofTicer	( i i ) If any officer on being so hrouglit before such Justice
refusing to deliver

up documents.	and being required so to do refuse to make out any such account in writing, or to produce and deliver to the Justices the several vouchers and receipts relating thereto, or to deliver up any hooks, papers, or writings, property, effects, matters, or tilings in his possession or jiower belonging to the Commissioners, such Justices may commit such offender to gaol until he shall liave delivered up all the vouchers and receipts (if any) in his possession or power belonging to the Commis
lYarrant may be	sioners. Provided always that if any Commissioner, or other person
issued in the first
instance fur	acting on behalf of the Commissioners, shall make oath that he has
absconding officer.	good reason to believe upon grounds to be stated in liis deposition, and does believe, that it is the intention of any such officer to abscond, or that bo lias absconded, it shall be lawful for the Justice before whom the complaint is made, instead of issuing his summons, to issue his warrant for bringing such officer before such two Justices as afore said, hut no person executing such warrant shall keep such officer in custody longer than forty-eight hours without bringing him before some Justice; and it shall he lawful for the Justice before whom such officer is brought either to discharge such officer, if he think there is no sufficient ground for his detention, or to order such officer to ho detained in custody so as to be brought before two J ustices at a time and place to he named in such order, unless such officer give hail to the satisfaction of such Justice for his appearance before two Justices to answer the complaint of the Commissioners.

Commitment not to

(ill) Tso such proceeding against, or dealing with, any such

discharge sureties.

officer as aforesaid shall deprive the Commissioners of any remedy

which they might otherwise have against any surety of such officer.

Power to appoint	36. The Commissioners may appoint such fit and proper persons
harbour-master and

assistant harbour

to he harbour-master and assistant harbour-masters for the port as

masters.

they shall think necessary, and at pleasure may remove such harbour master and assistant harbour-masters; and such harbour-master and each of such assistant harbour-masters sliall when acting be the port officer or liarbour-master for the port within the meaning of this Act, and shall exercise any of the powers conferred upon such port officer or harbour master hy the said Act which are not inconsistent with this A c t : Provided that every person now holding the office of harbour-master or assistant harbour-master hy appointment of the Governor shall be and is hereby transferred to the Commissioners, and shall continue to hold such office under the Commissioners until he shall die, resign, or be removed, and that nothing herein contained shall he taken to affect or alter the mode in which such lastmentioned harbour-master or assistant harbour-master is now removable, except that the Commissioners shall exercise the rights now exercised by the Governor in that behalf.

Powers of harbour

37. It shall he lawful for the harbour-master to give directions

master.

for all or any of the following purposes (that is to say) :—

Por regulating the time and manner in Avhich any Â essel shall enter into, go out of, or lie in the port, and the position, mooring, or unmooring, placing, or removing of any vessel within the same :

Por

iHf

"a':/'

1889.	53° YIC,	No. 19.	I '	0	v 8 1
\vfe-	“--■'

Wollongong Harhour Trust.

^ I N E ^ '

Por regulating the manner in which any vessel shall take in or discharge cargo or any j)art thereof, or shall take in or deliver ballast.

Provided always that it shall not he lawful for such harhour-mastcr to direct that any vessel shall lie or he within any part where hy any Act of Parliament it shall or may he directed that no vessel shall lie or he, or to unmoor or remov(; from any part of the port duly ajpoointed as a hoarding, landing, or quarantine station any vessel moored or placed there under the authority of the Collector of Customs, or to moor or place any vessel within low-water mark of or alongside any quay, custom house, station, or other jdace appropriated to the service of the Customs.

38. The master of every vessel within the port shall regulate Penaiq on not

such vessel according to the directions of the harbour-master madĉ in

conformity with this A c t;

and any master of any vessel who after notice iiaibotir-master.

in writing or partly printed or partly in Avriting signed by the said harbour-master of any such direction seiwcd upon him sliali not forth with regulate such A-'essel according to such direction shall he liable to a penalty not exceeding fiv'c pounds.

39. If the master of any Â essel Avithin the port shall not nroor. Power of imrbour-

unmoor, place, or remoA'e such vessel according to the directions of the

^remore

harhour-mastcr in writing given to the said master, it shall be lawful for any such harhour-mastcr to cause such A-essel to ho moored, un moored, placed, or removed according to the directions aforesaid, and to employ a sufficient numher of persons for that purpose, and the expenses attending such mooring, unmooring, placing, or removing shall he paid by such master, and shall, together Avith the costs of ascertaining and recovering the same he ascertained and recoAun-cd from any such master in the same manner as any damages for the ascertaining and rccoA^ering of Avhich no special provision is contained in this Act are hereby directed to he asccidaincd and rccoArered.

40.

employed hy him in mooring, unmooring, ])lacing, or removing sucli harbour-master.

If any master of any Â esscl Avithin the port or any person on Penalty on master

hoard the same shall hinder the said harbour-master or any person coiiAuction for every such offence a sum not exceeding live pounds.

41. I f any master or other person on hoard any A'essel Avhicli Harbour-master may

shall he moored or fastened Avithin the port shall not upon demand of the said harhour-mastcr unloose or slacken the rope or cliain hy Avhich sucli vessel shall be moored or fastened, or if there shall be no person on hoard of any such vessel so moored or fastened it shall he laAvfid for the said harbour-master to unloose or slacken the rope or chain hy Avhich such Amssel shall he so moored or fastened as aforesaid, and to cause, if necessary, a sufficient nuinhcr of persons for the protection of the same to he put on hoard such Av̂ ssel, and all expenses thereby incurred shall he jiaid hy the master of such A'esscl.

42. All actions to he brought against any person for anything Actions against

done under this Act shall he commenced within six months after the act complained of was committed, and no AAuit shall he sued out against, nor any copy of any process served upon, any person for anything done hy him under this Act, until notice in Avriting of such intended Avrit or process shall have been delAered to liim, or left at his usual place of abode, by the agent or attorney of the party Avho intends to cause the same to he sued out or served, at least one month before the suing out or serving the same. Such notice shall clearly and explicitly set forth the nature of the intended action and cause thereof, and on such notice shall he endorsed the name and place of abode of the party intending to bring such action, and the name and place of business of his attorney or agent; and the defendant in every such action may plead the general Defendant may

issue and at the trial thereof gh'c this ilc t and the special matter in

general issue.

evidence.

'No. 19.

53° VIC.

1889.

Wollo7igong Harhour Trust.

evidence. Xo j)laintiff shall recover in any such action if tender of sufficient amends shall have been made before such action was brought, or if a sufficient sum of money shall have been paid into Court after the commencement of such action hy or on behalf of the defendant, and if the matter or thing complained of appear to have been done under the authority and in execution of this Act, or if any such action shall he brought after the time limited for bringing the same or such notice shall not have been given as aforesaid, and in all such cases the jury shall find or judgment shall he given for the defendant.

PART III.

•	Troperty and Poioers o f Commissioners.

Lands, &c., vested in

43. Upon the passing of this Act there shall he vested in the

Commissioners.

Commissioners for the purposes of this Act, the bed and soil and shores of the waters, and the pieces and parcels of Crown Land according to

First Schedule.

the descriptions contained in the First Schedule, hut subject to the right of Her Majesty to resume possession at any time, without payment of compensation, of any land required for purposes of national defence, or for giving ingress, egress, and regress to and from the shore. And the lands so vested in the Commissioners are in this Act designated “ Harhour Trust Lands” ; and whenever it shall he deemed necessaiy in tlu' public interest the Governor may hy proclamation dissolve the Trust and take control of the whole of the lands, works, goods and chattels of the Trust, subject to all liabilities and obligations attaching to the same, and with all the powers hereby created or otherwise vested in such Trust.

Commissioners to do

44. It shall he the duty of the Commissioners out of the

certain works.	Harhour Trust Funds to excavate, deepen, and dredge the port to a depth of at least twenty-six feet beneath and under low-water mark, and to construct and maintain a canal and docks of the said depth of twenty-six feet towards Tom Thumb Lagoon, not further from the present Belmore Basin than is found to be absolutely necessary to promote the trade of the port, and the convenience and safety of shipping trading to the j)ort, and for the service and convenience of the public generally; and to erect and construct breakwaters and piers out into the sea, for the protection of shipping coming to Belmore Basin. It shall also he the duty of the Commissioners, out of the said funds, to construct and maintain all necessary works within the limits of the lands vested in the said Commissioners, for the purpose of continuing in, upon, tlirougli, and into the said rivers, creeks, or lagoons, drainage works Avhich may he from time to time constructed hy any Municipality on lands adjoining the lands Â ested in the Com missioners hut outside the boundaries thereof. Provided that the Commissioners shall not he compelled to construct any such works until plans of such proposed AA’orks he submitted to the Commissioners hy such Municipality, or unless the GoA’ernor, after hearing the Com missioners and such Municipality, shall direct such Avorks to he carried out by the Commissioners.
Commissioners may	45. (i) Where any lands adjoining any portion of the Harhour Trust lands arc required for extending and enlarging the docks, Avharves, AÂ arehouses, or other Avorks for improving and promoting the commerce and general convenience of the ])ort, it shall he laAvful for the Commis sioners, Avith the sanction of the Governor, hut AAothout further or other authority than this Act, to resume all or any of such lands.
take and purchase
adjoining lands.

( n )

1889.

53̂ VIC.

No. 19.

Wollongong Harbour Trust.

( i i ) The Commissioners shall cause a notice of the resump

tion of any land required hy them for the purposes of this Act, together with a plan or diagram of the area required to he served on the owners of such land.

(ill) Upon the service of such notice and plan, the land therein described shall for the purposes, and subject to the provisions of this Act he vested in the Commissioners for an absolute estate in fee simple in possession, freed and discharged from all trusts, obliga tions, estates, interests, contraets, charges, rates, rights of way, or easements whatsoever.

(iv) The owner of any portion of lands resumed, or the Compensation for

person who, but for the provisions thereof, would have been such owners, shall be entitled to receive compensation for the land so resumed, and the amount of such compensation shall be ascertained in accord ance with the provisions of the Lands for Public Purposes Acquisition Acts, being the Acts of the forty-fourth Victoria number sixteen, and forty-fifth Victoria number twenty-six. Por the purpose of ascertaining and dealing with such compensation, and for other purposes subsidiary thereto, the enaetments hereinafter speeifled are declared to bo iucor- porated with this Act, viz. :—

{a) As to conversion of the estates of owners of lands into a claim to compensation,— Section eleven of the Act forty-fourth Victoria number sixteen.

(Ij) As to notice of claim for compensation and abstract of title,— Section twelve of the Act forty-fourth Victoria numlier sixteen, and First Schedule thereto, as amended by section three of the Act forty-fifth Victoria number twenty-six.

(c)	As to proeeduro after receipt of notice of claim, and the institution of proceedings in the Supreme Court,— Sections thirteen and fourteen of the Act forty-fourth Victoria number sixteen.

(c/) As to the nature of the issue in actions for compensation, verdict and costs, the payment of compensation, the mode of assessing eompensation, and the obligation of the party claiming payment to make out a Title,— Section two of the Act forty-fifth Victoria number twenty-six, seetion sixteen of the Act forty-fourth Victoria number sixteen, and section twenty-four of the “ Public Works Act of 1888.”

(<?) As to procedure on registration or transfer,— Section twenty-

four of the Act forty-fourth Victoria number sixteen.

And in order to carry out the intention of this section the words “ this ■ incorporated herewith shall be held to include this present Act, and the words “ under the sixth section of this A ct” bisection twenty-four of the Act forty-fourth Victoria number sixteen shall be held, for the like purpose, to refer to section two of this Act.

(v) The several sections of the “ Public Works Act of 1888,” incorporation of

hereinafter specified, together with the respective powers, authorities,

m^TAct

duties, liabilities, obligations, and other the provisions therein eontained of mss.”

are hereby declared to be incorporated with, and embodied in this Act

to the intent that the same may be applied as fully and clfectually to,

and in respect of, the lands resumed by this Act as if the said scetions

had been specifically enacted herein.

Provided that, wheresoever in

any section so incor2)orated the words “ Constructing Authority”

occur, there shall, for the purposes of this Act, be substituted in lieu	■
of such words, the expression “ Commissioners;” the expression “ authorized work,” wheresocv('r occurring in any such s(!ction shall be held to refer to the work authorized by this A c t; and the words “ this

Act”

INTo. 19.

53“ VIC.

1889.

TVollongong Harbour Trust.

A ct” shall similarly he held to refer to “ this present Act.” The following are the sections of the said Public Works Act so declared to he incorporated herewith—

(a)

As to the deposit of compensation money in certain cases with the Master in Equity, and the application and investment thereof; as to payment of such money in certain cases to trustees, or to the parties themselves, the exoneration of the Minister in respect thereof after payment, the presumption of ownership, and the payment of costs,— Sections sixty-two to seventy-two, both inclusive.

(i) As to the procedure hy the Minister in case the owner or occupier of any lands resumed hy this Act shall refuse to give up possession thereof, or hinder the Minister from entering upon, or taking possession of the same,— Section seventy-seven.

(c)

As to the purchase or redemption of the interests of mort gagees, and the deposit of principal and interest due on mortgages with the Master in Equity, the procedure to he observed when the mortgaged lands arc of less value than the mortgage debt, and where part only of lands in mortgage is taken,— Sections eighty-one to eighty-six, both inclusive.

(rf) As to the release of lands from rent charges and other incumbrances, and the procedure thereon,—Sections eighty- seven to ninety, both inclusive.

(e)	As to the apportionment of rent where lands so resumed are taken under lease, and as to comj)ensation to tenants,— Sections ninety-one to ninety-four, both inclusive.

Power to purchase	46. In addition to the power of resuming land conferred hy the person who may he Avilling to sell the same in fee simple, or for any less estate or interest, any land which the Commissioners shall require for any of the purposes of this Act.
land for the
purposes of this	last preceding section the Commissionei’s may jiî i’chase from any
Act.

Certain Customs	47. The Commissioners shall erect such sheds as may he
sheds vested in the

Commissioners.	necessary for the convenience and use of the Department of Customs in the transaction of the trade of the port, and such sheds, together Avith the sheds iioav occupied hy the said department, shall he and are hereby A'ested in the Commissioners for the purposes of this Act, and the Commissioners shall keep all such sheds in repair, and shall eirlarge and extend the same as often as may he required, but subject to the right of resumption by Her Majesty in this Act mentioned.
Power to mate	48. The Commissioners may make regulations in respect of the said sheds, and of any depots or sheds which may hereafter he erected by the Commissioners for the accommodation of Her Majesty’s officers of Customs, or the reception of goods, and in respect of the goods in the sheds and dep6ts; and the poAver to make such regulations shall be deemed to be included among the poAvers conf('rrcd on the Com missioners by Part VI of this Act, and shall be subject to the provisions thereof.
regulations with
respect to sheds,

Management of port	49. The exclusive management and control of the port (except
and shipping vested

in the Commis	as hereinbefore provided) and of the shipping, lightships, buoys,
sioners.	beacons, moorings, AvharA’es, docks, piers, jetties, ferries, landing- stages, slips or platforms, light-houses, and the preservation and improA^ement of the port generally, is hereby vested in the Com missioners.
Mooring chain	50. All mooring chains laid doAvn Avithin the port and being the property or under the control of any Government Department shall be transferred to and the property in the same is hereby vested in the Commissioners, and tlie Commissioners are Inn-eby required to maintain the same in good order and rejrair, and also from time to
Tested in Com
missioners.

time

1889.

53*̂ VIC.

- m .M .

TVollongong Harhour Trust.

time to remove the same to such other more convenient situations, and to lay down snch additional mooring chains as they shall think desirable.

51. The Commissioners may, snhjcct to the approval of the Power (oaeiior lease

Governor, contract for and sell or lease for such considerations as they may deem reasonable, and hy any deed nnder tludr corporate seal may convey to the purchasers or lessees thereof, any superfluous lands or any estate or interest of the Commissioners in such lands, or any part thereof, in sueh manner as thc} ̂ shall deem most advan tageous ; and such contracts, sales, leases, and conveyances from the Commissioners shall ho valid and effcctnal to all intents and pnrposes ; and the money produced hy all such sales or leases shall he carried, to and form part of the Harbour Trust Eund.

52. The Commissioners, Avith the approval of the Governor, Lands vested may

may grant least's of any land vested in tlu'in hy this Act Avhich is certairpunLes.

not required for the accommodation of the shijAping of the port upon

such rent reserved and such conditions, and for such tttrm, not ex

ceeding tAventy-one years, as they may think fit, as yards or sites for

ship building, boat building, storing of timber, storing of coal, storing

of merchandise or other property, erection of Avorkshops or foundries

connected Avith shipping.

53. The Commissioners may agree AA'ith any person being the Commissioners may owner of any private moorini? chains for the purchase of such moorimi;

private

,	̂mooring chains.

cnains, and may pay to such person such purchase-money or com

pensation as may be agreed upon.

54. A ll lands vested in the Commissioners by this Act, or which Lands vev.ed in

may hereafter he purchased or acquired hy them pursuant to this Act, °̂nro)™m"nicTpar

shall he exempt from any rate or tax Avhich the Council of the cor- rates,

poration of the Borough of Wollongong or any Municipal Council

might but for this section have imposed or levied thereon ; but notliing

herein shall preclude the Council of the Borough of Wollongong or

any Municipality from IcA ŷiug and collecting rates upon tenements

erected on such lands occupied for pxivate purposes and by persons

other than the Commissioners.

55. (i) The Commissioners may constrnct and enclose any commissioners may

wharf, dock, pier, jetty, landing-stage, slip, or platform, or remove,

alter, or repair the same.

(ii) They may also anthorize the construction of any wharf, dock, pier, jetty, landing-stage, slip, or platform, tramivay, railAvay, or hoisting cranes, shears, or engines, on snch Avaterside frontages or on such land as they may let or lease or license.

(in ) They may construct such dephts and sheds for the reeeption of goods, and may construct and erect such steam-engines, cranes, hoisting and Aveighing machines, and other apparatus for facili tating the loading and discharging or the masting or unmasting of vessels or the testing of chains and anchors, and provide such other conveniences upon or near the wharves, docks, piers, jetties, landing- stages, slips, or platforms as they may think expedient for the trade of the ]iort, and may make reasonable charges for the use of any such depots, sheds, steam-engines, cranes, hoisting and Aveighing machines, and other such apparatus and conveniences as aforesaid.

5 6 .

( i )

The Commissioners may, for the purpose of maintaining Commissioners em-

and improving the navigation of the rivers and canals within the port, cielnsc'Vn/sMifr ’

dredge, cleanse, and scour the said rivers, and alter, deepen, cleanse, rivers, &c.

sconr, dredge, cut, enlarge, and othcrAAdse alter and improve the bed

and channel of the said rivers or canals; and to reduce or remove any

banks or shoals Avhatsocver Avithin the said rivers or canals ; and may

abate and remoA'e all impediments, obstructions, and annoyances, and

all nuisances and abuses Avhatsoevcr in the said rivers and canals, or

'No. 19.

VIC.

1889.

Wollongong Sm^hour Trust.

on the banks and shores thereof, which may now or at any time here after he injurious to the said rivers and canals, or obstruct, or tend to obstruct the free navigation thereof.

Power to remove any	( i i ) They may remove, scour, and take away any shoal,
shoal, mud-bank, or

accumulation in the	mud-hank, or other accumulation which shall impede the navigation
port, and shorten	of the port," and may shorten any bend or remove any angle in the
bends of the river,	course of the rivers within the j)ort.
Eanks may be cut.	(in ) They may cut the banks of the rivers within the port for the purpose of making, enlarging, or repairing any dock or canal, or any drain, sewer, or watercourse, or altering, laying down, or repairing any suction or other pipe, or for any other purpose whatsoever, and may authorize any person to cut the banks for any of the purposes aforesaid, under such restrictions and upon such terms and conditions as such Commissioners shall think proper to impose.

Buoys and beacons.

( i v ) They may place and lay down or take up within the

port such buoys and beacons as shall he necessary and convenient for

the navigation of such port.

Commissioners may

57. The Commissioners may enter, hy their corporate name,

make contracts, &c«

into contracts with any persons for the execution of any work authorized hy this Act to he done hy them, or which they may think proper to do, or to direct to he done, under or hy virtue of the powers conferred by this Act, or for furnishing materials or labour, or for providing proper engines or other power, or for any other matters and things whatsoever necessary for enabling them to carry the purposes of this Act into full and complete effect, in such manner, and upon <iuch terms, and for such sum of money, and under such stipulations, regulations, and restrictions as the Commissioners shall think proper,

Contracts by the	58. The powers hereby granted to the Commissioners to make
Commissioners how

to be entered intOj

contracts may lawfully he exercised as follows (that is to sa y ):—

W ith respect to any contract which if made between private persons would he by law required to be in writing and under seal, the Commissioners may make such contract in writing in the corporate name of the Commissioners under their common seal, and in the same manner may vary or discharge the same.

W ith respect to any contract which if made between private

persons would he hy law required to he in writing and signed

hy the parties to he charged therewith, then the Commis-

.	sioners may make such contract in writing in the corporate name of the Commissioners signed by the secretary and by any two of the Commissioners, and in the same manner may vary or discharge the same.

And all contracts made according to the provisions herein contained shall he effectual in law, and shall be binding upon the Commissioners and all other parties thereto, their successors, heirs, executors, or administrators, as the case may h e ; and on any default in the execu tion of any such contract, either hy the Commissioners or by any other party thereto, such actions or suits may be brought either hy or against the Commissioners in their corporate name as might be brought had the same contract been made between private persons only.

Commissioners may

compound for breach

59. It shall he lawful for the Commissioners, at a meeting specially called for that purpose, of which meeting three days’ notice shall he given, from time to time to compound and agree with any person who shall have entered into any contract in pursuance or under the authority of this Act, or against whom any action or suit shall h(i brought for any penalty contained in any such contract or in any bond or other security for the performance thereof, or for or on account of any breach or non-performance of any such contract, bond, or security for such sum of money or other recompense as the Commissioners

of- contracts.

may think proper.

60.

1889.

VIC.

No. 19.

Wollongong Harbour Trust.

60. The Commissioners may appropriate particular wharves. Commissioners mny

docks, piers, jetties, landing-stages, or platforms, or portions tliereof

respectively to the use of steam vessels, either exclusively or in ofwimi-rcs, &c.

conjunction with sailing vessels, or to the use of any vessels engaged

in particular trades, or to the use of any other vessels or class of vessels,

or under any other circumstances which may render such appropriation

expedient.

6 1 . The Commissioners may, upon such terms and conditions. Powers to set apart

and upon payment of such rents or other sums of money, and stihjcct potions of works

to such restrictions and regulations as they shall think proper, set apart

and appropriate any particular portion of any wharf, dock, pier, jetty,

landing-stage, or platform, shed, warehouse, or other works, with the

appendages thereunto, for the exclusive accommodation of any person

engaged in carrying on any particular trade who shall be desirous of

having such exclusive accommodation for the reception of the vessels

and goods belonging to or employed and conveyed hy them. All

persons to whom such exclusive accommodation as aforesaid shall be

afforded, and their vessels, crews, and servants, and other persons

employed hy them or under their control, shall he subject to regida-

tions to he made hy the Commissioners.

62. The Commissioners, upon the payment of a fair and reason- commissioners

able consideration, and subject to such regulations and restrictions as empowered to grant they may think proper, may grant licenses lor the lormation ol such formation of recesses recesses or docks, wharves or quays, and the driving of such piles and

other works as shall be required for the convenient use, protection, ̂

and improvement of premises, and the placing and mooring of vessels

in such line, and at such levels as shall appear to them requisite for

the above purposes, without injurious interference with the navigation

of the port or its future improvement.

63. (i) The Commissioners, upon such terms and conditions as Commissioners may

they shall think fit, may grant licenses for the erection by the owners s™"': imeiycs for tim

e i c c L i u i i

u i

p i u r y

a i i u

or occupiers ot lands adjoining the port at any conyement places, ot jetties,

piers or landing-places of such form and construction as the Com

missioners shall consider most advantageous to the public, and as

causing the least obstruction to navigation, and for the driving of

piles and the formation of wharfing-ways and other conveniences to

the adjoining premises, and may cause the form and construction of

such piers or landing-places, and the position of such piles, and the

mode of forming such wharfing-ways and other conveniences to bo

altered at the expense of the owners of or persons licensed to erect,

drive, or form the same, and may also cause any such piers or landing-

places, piles, wharfing-ways, and other conveniences, to be removed

and taken away at the expense of the owners thereof, or of the persons

licensed to erect, drive, or form the sam e; and in case such jiicr or

landing-place, piles, wharfing-way, or other convenience, shall not be

altered or removed within seven days after notice from the Commis

sioners to alter or remove the same shall have been given to the owner

thereof, or to the person licensed to erect, drive, or form the same, or

shall have been left upon or affixed to such pier or landing-place, or

any part thereof, such pier or landing-place, piles, wharfing-way or

other convenience, may be removed by the Commissioners.

( i i ) Before the Commissioners shall erect, or shall grant Notice to be given

any license for the erection of, any pier or landing-place they shall

give one month’s notice of their intention so to do by advertisement of any pier,

to be repeated at weekly intervals in two local newspapers and

in the Gazette, and shall also cause one month’s notice of such

intention to be served upon the person in charge of any pier or

landing-place which shall be vfithin the port, and upon the person in

charge of any pier or landing-place existing at the time of the passing

No. 19.

SS'’ VIC.

1889.

Wollongong Harhour Trust.

of this Act, within three hundred feet of the pier or landing-place proposed to be erected: Provided always that nothing herein con tained or anything done in pursuance of the directions herein contained shall he deemed or construed to give any person owning or having charge of any such existing pier, any rights, power, or authority beyond, those possessed by him before the time of the jiassing of this Act.

Owners of land ina;y	Gt. The Commissioners may grant to the owner or occupier
embank with

consent of Com-	of any land fronting and immediately adjoining any portion of tlie
migsioners.	port a license to make any wharf, dock, basin, pier, jetty, landing- stage, slip, or platform or embankment wall, or other work immedi ately in front of his land and into the body of the said port, upon payment of such fair and reasonable consideration and subject to such other conditions and restrictions as the Commissioners shall think tit.

No mooring cliains	65. After the commencement of this Act no mooring chains
to be laid down

without perjnission	shall be put down or placed in any place within the port with
of the Commis	out the permission of the Commissioners previously obtained; and
sioners.	every such mooring chain Avhich shall be put doAvn or placed shall be so continued only during the pleasure of the Commissioners; and the Commissioners may at any time, by giving one week’s notice in Avriting, require such mooring chains to be remoA'cd; and in case default shall be made in such removal beyond the time to be mentioned in such notice, sueh mooring chain may be treated by the Com missioners as a ])ul)lic nuisance, and remoA’ed accordingly.

Power to remove

06. I f any Â essel be sunk or stranded within the port, the

wrecks, &c.

Commissioners mayfortliAvithseizeand attaeh such A'essel and any goods therein until security shall be given to the satisfaction of the Com missioners for the due removal of such vessel or goods; and if the OAvner, master, or agent shall not provide sucli security or shall not remoÂ c and take aAvay such sunk or stranded Â essel, or the Avreck tliereof, Avithin such time as the Commissioners, in Avriting, shall re quire, the Commissioners may then raise, destroy, remove, or take aAimy such wreck of any A'cssel that shall be sunk or stranded, and be in their judgment an obstruction to the safe and convenient navigation and use of the port; and in case the OAvner, master, or agent of such vessel, or other obstruction, shall refuse or neglect to pay the charge of raising, destroying, remoA'ing, or taking aivay such vessel, Avreck, or goods for the space of three days after demand, or in case any such OAvner, master, or agent cannot be found, then the Commissioners may sell such A'essel, Avreck, or goods, and out of the proceeds of such sale retain the expense incurred in raising, destroying, and removing such vessel, Avreck, or goods, and the charges of sale, rendering the OA'erplus to the person entitled to the same ; and if from such proceeds sufficient to pay all the aforesaid charges shall not be recovered, then the amount of any deficiency shall be a lien or charge on any vessel, money, or goods belonging or payable to the OAvner of any such vessel so sunk or stranded as aforesaid, Avhich may lx; then, or at any time Avithin the period of tAveb'e calendar months thereafter shall be in the Colony of N cav South Wales in the bands of any agent or other person of "or on behalf of any such OAViier, subject and Avitbout pre judice to any prior lien or charge in faA'our of any other person. The lien or charge hereby giA'cn to the Commissioners may be enforced by proceedings in the Supreme Court to be instituted by the Com missioners against such OAVner, agent, or other person, and sciwice of all process in any such suit shall be held good and binding on any such OAvner if such scrA'icc has been duly elfected on any such agent or other person. Provided that in no case the amount for Avhich such OAA'ner shall be liable, or for Avliich such lien shall be claimed, shall exceed the amount of the A'alue of the vessel and the freight then due upon the said sh ip; and such value shall be estimated at the rate of

ten

1889.

5?/ VIC.

No. 19.

JVollongong Harhonr Trust.

ten pounds pev ton of sucli vessel’s tonnage. Pi-oidded furtliei’ that ■when the sinking or stranding of such vessel is the result of accident or of causes beyond the control of such mvuer, such owner shall not be liable for any portion of the cost incurred in raising, destroying, or removing such wreck udiicli may exceed tlie sum realized by the sale of such wreck.

07. It shall be lawful for the Commissioners, and they are Obsti-ucUons may

hereby directed Avluai any obstruction shall impede the navigation and use of the port or any part thereof (of which obstruction the Commissioners shall he the sole judges), to require the owner or occupier of such obstruction, by notice given or sent to him, to remove such obstruction as aforesaid Avithin a time to be stated in such notice; and should such OAvner or occupier fail, neglect, or refuse to remoA'C the ohstriiction stated in such notice, the Commis sioners shall remove the same, and the expense and cost of so doing shall be repaid by the OAvner of the same, and tlie Commissioners may detain the materials of such ohstriiction for the securing the expenses, and on non-payment of sueh expenses on demand may sell such materials, and out of the proceeds of such sale pay such expenses, rendering the OAXU'pliis, if any, to the owner on demand; if the sale of the materials aforesaid should not be sufficient to pay the said expenses, or instead of such sale if the Commissioners shall so determine, or for the balance of such expenses after such sale, the said OAvner or occupier may be sued by the Commissioners for such expenses and cost as aforesaid.

68. (i) The Commissioners shall make and maintain proper Roadways to be kept roads and approaches to all Avhaiwes, docks, piers, jetties, l a n d i n g - i ' g t i t e d . stages, slips, or platforms, depots, and sheds that arc noAV or may

hereafter be erected on the lands A'ested in tlicm by this A c t ; and they shall cause such Avliaiwes, docks, piers, jetties, landing-stages, slips, or platforms, depots, and sheds, and the roads and approaches thereto, to be kept in good repair, and Avell and sufficiently lighted, Avatched, and cleansed.

(ii) The Commissioners mav appoint a sufficient number of rersons may

persons to preserve order on or at sucli 'wharves, piers, jetties, ov

order,

landing-stages or platforms, and the avenues and approaches thereto, and to prevent the intrusion thereon of improper persons Avho have no intention of embarking on board any vessel from such Avharves, docks, piers, jetties, landing-stages, or platforms, and to driA'c away any persons Avho may unnecessarily linger or loiter on or about such Avharves, docks, piers, jetties, landing-stages, or jdatforms, and to assist any Â essel in making fast to such piers or landing-places.

69. When in the opinion of the Commissioners any Avharf, Rrirnte winrves to

dock, pier, jetty, landing-stage, sli]), or platform, or any portion thereof, shall be out of repair or insecure, so as to lie dangerous to any person passing along the same, or to any vessel, cither moored alongside of or passing hy the same, or is in any manner injurious or likely to he injurious to the port or to the free navigation thereof, it shall be laAvful for the Commissioners, by notice in Avriting given to the OAvner or occupier of such Avharf, dock, pier, jetty, landing-stage, slip, or platform, or if such OAvner or occupier cannot he found, left upon or affixed thereto, to require the OAAmcr or occupier thereof to repair such Avharf, dock, pier, jetty, landing-stage, slip, or platform, to the satisfaction of the surveyor for the time being of the Commis sioners, Avithin a time to be limited in such notice; and in case tlie OAA'iier or occupier of such Avharf, dock, pier, jetty, landing-stage, slip, or platform, shall refuse or fail or neglect to repair the same to the satisfaction of such surveyor Avithin the time to he limited as afore said, then and in such case it shall be lawful for the Commissioners to

1 put

JSTo. 19.

53̂ VIC.

1889.

Wollongong Harbour Trust.

put the same into repair, and to recover the expenses incurred thereby from the owner or occupier thereof, or the owner or occupier of any house or land to whicli sucli wharf, dock, pier, jetty, landing-stage, slij), or platform may belong, or with ■which the same may he connected and used; and such owner or occupier shall also forfeit a sum not exceeding ten pounds for every day during which such wharf, dock, pier, jetty, landing-stage, slip, or platform, shall continue out of repair after the expiration of the time limited in the notice for the repair thereof.

Broken piles, &c.,

70. The Commissioners may remove any broken, dangerous, or

bo removed.	useless piles or mooring chains and other nuisances, and may order the removal or shortening of any Avaterways, causeways, stairs, or other projections injurious to the navigation of the port.
Licenses for supply

and removal of

71. The Commissioners may if they think fit grant licenses to

ballast.	persons for the supply and removal of ballast, and for the supply of Avater to shipping, suliject to snch regulations and restrictions as the Commissioners shall from time to time determine.
may prevent ballast

The Comiaissioncrs

72. The Commissioners, may hy notice in AATiting prohibit any

from being taken in	person from raising or taking any ballast or any materials for ballast
places where its re
moval might be in	in any place or places in or from Avhich the raising or taking of ballast
jurious to the naviga	, or materials for ballast may, in the judgment of the Commissioners,
tion.	he injurious to the navigation of the port, or to the due execution, of -the Avorks to he directed hy them ; and no person shall, after the delivery to them of any such notice as last aforesaid, raise or take any ballast or materials for ballast in any place or places in or from which they may have been by any such notice prohibited hy the Commissioners from raising or taking any such ballast or materials for ballast as aforesaid.
Humane apparatus	73. The Commissioners may purchase, provide and maintain all such apparatus, matters, and things as may appear to them to he necessary to assist in searching for droAvned persons and restoring animation to persons ajiparently droAvned, and to employ and reward assistants therein in such manner as to the Commissioners shall seem expedient.
and assistants may
be provided.

Annual statement of	7d. The Commissioners shall on the first day of Eehruary in
accounts of all

moneys received	every year licreafter render and deliAun* to the Colonial Treasurer a true
for sales, &c., of	and correct scliedulc containing full particulars of all sales, leases or
bed of port to be
sent to the Colonial	grants or licenses for docks, recesses, beds for boats or barges, Avharves,
Treasurer.	piers, landing-places, piles, mooring chains, or AÂ orks of any description of, in, or upon any portions of the said lands or bed or shores of the port, or any encroachments, embankments, and iiiclosurcs thereupon and therefrom, and also a true and correct account of all sums of money AA'hieh they or any person or persons by their order or to their use may liaA'e rcceiA ĉd during the year ending on the thirty-first day of December immediately preceding for or in respect of any such sales, leases, grants, or licenses, or for or in rcsjAcct of any permission, and of all rents, revenues, and proceeds of Avhat nature or kind soever; the same accounts to specify the particular source from Arhich all and CA'cry such sums of money, rents, and profits fiaA'c been derived, and to he from time to time verified as being true and correct accounts hy a statutory declaration in Avriting under the hand of the treasurer of the Commissioners for the time being.

PAET

1889.

53" VIC.

No. 19.

TFollongong Harhour Trust.

PAllT IV.

Rates, 8fC.

75. Tlic Commissioners may demand, collect, and receive in po-ivcr to coiioct

respect of all goods, mcrcliandisc, and tilings Avliatsocvcr, except

goods belonging to Her Majesty’s Government and passengers’ '̂' "

luggage, shipped or nnsbipped, from any Â esscl at any wharf, dock,

pier, jetty, landing-stage, slip, or platform Avithin the port, such

tolls, rates, or dues as shall from time to time be fixed by them

subject to the approval of the Go\"ernor. Provided always that goods

transhipped Avithin the port not later than forty-eight hours after the

vessel has finally discharged shall be exempt from such tolls and rates

as aforesaid.

70. (i) The Commissioners may demand, collect, and receive loimaKe rates,

tonnage rates computed on the tonnage of all vessels trading to or arriving at the port, in accordance Avith regulations to be made by the Governor; bnt not to exceed the respective rates prescribed by the Act forty-fourth Victoria number eight (“ Wharfage and Tonnage Pates Act of 1880”). Provided that such rates shall not be charged on A'̂ csscls seeking shelter and not breaking bulk.

(ii) AVhere any ship has been registered at a port in the United Kingdom or in any British possession, the amount of tonnage; contained in the certificate of such registry shall for the purposes of this A(;t be considered to be the tonnage of such ship; and AAdiere any ship belonging to any nation Avhich shall have adopted the rules of admeasurement of the Act of the Imperial Legislature intituled “ The Mer'chant Shipping Act, 1851,” or any Act anumding the same, shall arriA'C at the port, the amount of tonnage contained in the certificate of such ship shall be considered to be the tonnage of such ship.

77. In order to ascertain the tonnage of any ship, any officer Tonnage of foreign

or person appointed by the Commissioners may measure such shi^);

and such officer or person in measuring such sliij) shall bo guided by

the regulations contained in the said “ Sicrehant Whipping Act, 1851,”

or any Act amending the same.

78. The Commissioners may from time to time, by regulation Commissioners may

approved by the Governor, alter, raise, and lower at discretion all tolls, ‘I'tor	&c.
rates, and charges Avhich the Commissioners arc authorized to demand, collect, and receive under this A c t : Such tolls, rates, and charges so altered, raised or loAi ercd shall not exceed the amounts provided for in section scA'enty-fivo of this Act.

79. It shall be laAvf ul for the Commissioners to demand, collect. Commissioner.̂ to

and receive in respect and for the use of any of the property of the urZof̂ ropmAn shall from time to time determine and appoint by regulation under this Act.

80. The collection of tolls, rates, and charges authorized by MoIo

of coiiociion.

this Act shall be prescribed by regulations under this Act; and for the convenience of such collection the Colonial Treasurer may, if lie think fit, provide, at tlie cost and eliargcs of the Commissioners, in the public office or long room of the Custom House, accommodation for any officer or officers Avhom the Commissioners may direct to receiA'e and collect such tolls, rates, and charges.

81. No collector or clearing officer of customs shall gHe any officers of Customs

vessel her clearing papers or discharge unless and until he receive c°pavIncVmair

from the master or agent of such A'essel a certificate from the officer rates are pffia.

appointed by the Commissioners for the purpose that all tolls, rates,

and charges payable under this Act have been dulv paid.

82.

19.

58° VIC.

1889.

Wollongong Harbour Trust.

Commissioners may	82.	Tlie Commissioners may, Avlien default shall he made in the
gell j^oods, &c., for

payment of rates.

payment of any tolls, rates, or charges in respect of any goods, first paying the Customs duties and dues, if any, retain and sell the same goods, or any part thereof; and after reimhursing themselves the amount of such duties and dues, the Commissioners shall retain and pay in the first place the tolls, rates, and charges so unpaid as afore said, including the expenses of such sale, and in the next place the freight due on sueh goods (in case the Commissioners shall hâ ■e received written notice that sueh freight has not heen paid), rendering the surplus (if any), and also such of the said goods as shall remain unsold (the rates due in respect whereof having heen discharged as aforesaid), to the person entitled thereto on demand. In lieu of selling such goods, or notwithstanding such sale, if the proceeds of such sale shall he insufficient, the Commissioners may recover the amount of such tolls, rates, charges, and expenses, as the case may he, which shall he due to them hy action of debt in the Supreme Court.

PAllT V.

Harbour Trust Fund, 8fC.

Harbour Trust Fund.

83. oVll tolls, ratcs, and chargcs authorized hy this or any other Act or otlu'rwisc, and also all moneys which may be received hy the Commissioners under the authority of this Act, including all moneys which may he received hy them from leases, licenses, rents, fines, penalties, and forfeitures, and any other source or fund what soever, together with any moneys borrowed under this Act, shall be paid into and form a fund to he called the “ Harbour Trust Pund,” and shall he applied hy the Commissioners in the carrying out of this Act.

Ai'plication of sur	84. lYhen all tlie moneys which may have been raised hy the
plus of Harbour

Trutt Fund.

Commissioners under the authority of this Act, and Avhich for the time being may he due and owing on the credit of the tolls, rates, charges, fines, rent, and other profits, hy this Act given to or vested in or authorized to he received hy the Commissioners, shall have heen repaid with all interest which may have accrued due in respect thereof, the surplus of the Harbour Trust Pund may he applied in reduction of such tolls, rates, and charges, hy this Act authorized to be taken as the Commissioners may from time to time think it expedient to reduce; and in case there shall he any surjilus of the said fund after the said tolls, rates, and charges shall have been reduced to such extent as the Commissioners shall think fit, such surplus shall he applied to and for such purposes and in such manner as I'arliannmt shall direct.

Accounts to be kept

85. The Commissioners shall cause hooks to be provided and

dLiniJ-semcn̂ ̂

rcgulai’ accouiits to hc entered therein of all sums

fhaii be open to

of moiiey I’cccived and paid for or on account of this Act, and of the

insr cction.

several purposes for which sums of money shall have heen received and paid, and which hooks shall at all reasonable times be open to the insjiection of the Commissioners and any mortgagee of and creditor on the tolls, rates, charges fines, rents, and other profits payable under this Act, without fee or reward; and the Commissioners and persons aforesaid, or any of them, may take copies of or abstracts from the said hooks without paying anything for the same ; and any secretary, clerk, or other person having the custody of the said hooks who shall not on any reasonable demand permit any of the Commissioners or

persons

1889.

53̂ VIC.

No. 19.

JVollongong Harbour Trust.

persons aforesaid to inspect tlie said books or take such copies or extracts as aforesaid shall forfeit and pay for every such offence a sum not exceeding five pounds.

8G. (i) All expenses incurred hy the Commissioners or any of Kxpenpcs, ic„ to be

tlu'ir officers in carrying out the provisions of this Act, including all debts and demands against the Commissioners, and all moneys jiayahle hy way of compensation shall Ik; paid out of the Harbour Trust Eund.

(ii) Incase any action, suit, or other pi’ocecding shall he-Tudgments,orders,

brought or prosecuted against tlic Commissioners, or against any

secretary, clerk, treasurer, officer, agent, engineer, contractor, or otherproeeedingsto

servant acting under the authority of the Commissioners hy any party uarbour Trust i°Ld.

claiming any debt or demand, or so aggrieved as aforesaid, the debt

or demand or damages or compensation and all costs and expenses

recovered in such action, suit, or ])rocecding hyany person so claiming

or aggrieved as aforesaid shall he charged upon the Harhour Trust

Eund, and the said fund shall ht' applicable and applit'd in payment or

satisfaction tlu'reof, under the order or direction of the court or other

authority in or before which such action, suit, or other proceeding

shall he brought or prosecuted, and hy which court or authority,

judgment, order, or decree tlu'rein shall have heen given or made ;

and all such charges shall rank as to right or priority in payment or And to rank in

satisfaction according to the order of time in which notice thereof in

writing, with a copy of the judgment, order, or decree, shall hc

delivered to the secretary of the Commissioners.

87. It shall hc lawful for the Commissioners, in any case Expenses of witnesses

wlitu’c they shall see lit so to do, to order and allow the reasonable exptuises of witnesses, and of or attending the production of any hooks, maps, plans, agreements, accounts, documents, or writings, or copii's thereof, to or before the Commissioners, and such expenses shall he considered as ])art of the incidental expenses attending the execution of this Act, and hc ]>:iid accordingly.

88. The accounts of all monevs recciv'ed and disbursed hy the Accounts to be

Commissioners shall he audited once at least in every year hy the

’

Auditor-General, who shall hav(! in resjiect to such accounts all the powers conferred on him hy any law now or hereafter to ht; in force relilting to the audit of the public accounts ; and the Commissioners shall once at least in every year fuimish to the Governor a true copy of the accounts so audited as aforesaid, together with a jiarticular statement of the moneys received hy the Commissioners, and of the expi'iuliture thereof; and co])ies of sueh accounts and of such statc- mi'ut shall he laid before both Houses of Earliament, if then sitting, or iit the next ensuing Session tliereof if not then sitting.

89. Eor the first five years from and after the date of this Act Endowment to be

coming into force, the Wollongong Harhour Trust shall he entitled to

rcccivc from the Consolidated IIcAmnue Eund the sum of five thousand pounds sterling every year, hy Avay of endowment, for the term of five years, payable at the rate of twelve hundred and fifty pounds sterling quarterly, and every quarter until the full expiration of the five years aforesaid; and on requisition hy the Commissioners to the Governor for the time being requesting that any of the said quarterly payments of twelve hundred and fifty pounds sterling may he paid to them for the puiqioses of enabling them to carry out the objects and intentions of tills jVet, it shall hc lawful for the Governor, hy warrant under his hand addressed to the Colonial Treasurer, to direct him to pay from the Consolidated Hevenue to the Commissioners any of the quarterly portions of tlic said endowment, not being more than twelve hundred and fifty pounds sterling in each or any quarter; and the Colonial Treasurer shall from time to time he allowed credit for any sum or sums of money paid hy him in pursuance of such Avarrant or order in

AAU’iting

ISTo. 19.

53" VIC.

1889.

Wollongoiig Harbour Trust.

■writing as aforesaid, and the receipt of the Treasurer of the Com missioners, or other proper officer acting as Treasurer, under his hand, countersigned hy tlie Chairman of such Commissioners, shall he a sufficient discharge for the Colonial Treasurer.

Commissioners to	90. Eor the purpose of defraying the expenses of carrying
raise a sum not

exceeding Two	tliis Act into execution it shall he lauful for tlic Commissioners,
liundred and fifty	subject to the approi-al of the Governor, from time to time to
thousand pounds
for tlie purposes	borrow and take up at interest any sum of money which shall not at
of this Act.	any one time exceed the sum of Two hundred and fifty thousand pounds on the credit of the tolls, rates, charges, lines, rents, and other profits hy this jfet given to, vested in, or authorized to he received hy the Commissionei’s, and in the event of all or any part of such moneys being repaid hy the Commissioners to re-horrow the same, and so totics quoties, hut so nevertheless that there shall not he owing under the authority of this Act any more than the said sum of Two hundred and fifty thousand pounds in the whole at any one time; and for securing the repayment of the moneys so to he borrowed with interest the Commissioners may assign over the said tolls, rates, charges, lines, rents, and other profits or any of them or any part thereof respectively to the person who shall lend and advance such money, or his trustees, as a security for the rejiayment of the money so to he borrowed together with interest for the same.
Receiver.	91. (i) In default of payment of any principal money or interest secured hy an assignment of the whole or any jiortion of the tolls, rates, charges, fines, rents, and other profits, the Chief Judge in Equity may on ])etition of the jierson who shall have lent or advanced such principal money, or of his trustees, from time to time appoint and remove some person or })orsons to he a receiver of tin; whole or portion of the tolls, rates, charges, fines, rents, and other profits so assigned.

( i i ) Every such receiver shall be deemed an officer of tin;

Supreme Court and shall act under the direction of the said Chief Judge, and shall he entitled to receive the whole or any portion of such tolls, rates, charges, fines, rents, and other profits so assigned, and to he paid such commission as and hy way of remuneration as tlui said Judge may appoint.

(in ) Such receiver shall hold all such moneys received hy him after payment of costs and expenses and of his commission, for the benefit of the person ivho shall have lent or advanced such principal moneys, or his trustees.

Form of debenture.

92. Any moneys borrowed under this Act may hc borrowed in

Second Schedule.

the form of inscribed stock or by the issue of debentures, and such debentures shall be in the form or to the effect set forth in the Second Schedule to this Act, and shall he scaled with the common seal of the Commissioners, and be immbered in arithmetical pro gression beginning ivith the number one; and all such debentures, with the interest cou])ons annexed thereto, and every interest coupon after being detached from such debenture shall pass by delivery only without any assignment or endorsement, and the bearer of every sucli debenture or detached interest coupon shall have the same rights and remedies as if hc were expressly named therein, hut no interest shall be payable in respect of any such debenture except to the holder of the coupon representing the interest claimed and upon delivery of the same—

D(‘henlures may be

made payable in

(i) The principal and interest secured by any debenture issued

London or in	under this Act may he made ])ayable in London or in
Sydney.	Sydney, at the discretion of the Commissioners.

ETidenre of	( i i ) a cerfificat(' under the hands of any two of the Commis sioners and tlic secretary endorsed on any debenture issued by the Commissioners of the principal sum theridiy secured,
autliorily for
borrowing.

being

1889.

53̂ VIC.

ISTo. 19.

JVollonfjong Harhour Trust.

being part of tlic amount wbicli the Commissioners at tlie date of sucli certificate may legally borrow, sliall be conclusive evidence of tlie due incorporation of tbe Commissioners, and of the autbority of sneb Commissioners to borrow and to issue such debenture.

(ill)

In default of jiayment of tbe pi'incipal money or interest Eeeeivor. ' apply to the Cliief Judge in Equity for the appointment of a receiver, and a receiver may be appointed by the said

■	Judge with tbe same powers and in the same manner as though such default were a default in payment of any principal money or interest due by the Commissioners, and secured by an assignment of tolls, rates, charges, fines and rents, under section ninety-two of this Act.

(iv) Ao claim of any holder of debentures issued under this Act shall attach to or be paid out of the publie reAnnues of IS'cav South Wales or by the Government thereof.

Loans.

93. The treasurer of the Commissioners, or some other ])crson Eogisier of deben-

appointed by them for the purpose, shall keep a register of debentures,

and AA’ithin ninety days after the date of any debenture shall make or

cause to be made an entry in the register specifying the number, date,

and amount of the debenture, and the register may be inspected at all

reasonable times by any person, on payment of one shilling for each	'
inspection.

94. In addition to the moneys AA'hieh the Commissioners arc Pow, r to take

by any Act now or hereafter to be in force authorized to borroAV, they shall liaAn power from time to time to accept and take from any bank any advances by Avay of OA'crdraft of the current accounts kept by the Commissioners Avith any bank or banks, but so that the principal moneys OAving on OAnrdraft do not at any time exceed the sum of tAventy-five thousand pounds.

95. The Commissioners may, for the purpose of forming a Eowoi- lo foim

sinking fund to pay olf the principal sums borroAAnd under the authority of this Act, and from such time as the Commissioners may determine, appropriate and set apart annually such part of the surjilus revenues as the Commissioners, after defraying or providing for the ordinary expenditure and the interest on money OAving on the security of the rcA'cnucs may think fit, and shall from time to time cause the sums so set apart and appropriated to be invested in such securities as trustees are by law for the time being authorized to iiiA Cst in or in debentures issued under this Act, and to be increased by accumulat ion until the sinking fund is of sufficient amount to repay the said ]>riii- cipal sums or some part thereof Avhich the Commissioners may think ought to he paid oil.

EAIIT VI.

Regulations.

. 90. Tlie Commissioners mar'make regulations for or relating to all or any of the following subjects

““r

•

(i)

The compilation of the rolls of persons entitled to vote as OAvnerof a ship ii'gistercd at Sydney or any otlier port in tiie Colony and trading to V'ollongong, and rolls of merchants

and

IŜ o. 19.

53« VIC.

1889.

Wollongong Harbour Trust.

and traders, whicli rolls shall he compiled in the month of Decemher of every year, and the revision of snch rolls hy a Police Man'istrate or any trvo Justices sitting in a Court of Petty Sessions at IVollongong; such rolls, when certilied to hy any Police Magistrate or any two Jnstices as being a correct compilation of the names of owners of sliips, and of the names of merchants and traders entitled to vote as herein provided, shall supersede the rolls then in force and become the rolls for the ensning year.

(ii) The management and conduct of all elections of Commis sioners.

(ill) The appointment of the place and hour of meetings of Commissioners and the management and conduct of business thereat.

(iv) The control, supervision, and gnidance of all officers and property appointed hy or vested in or belonging to the Commissioners, and the time and mode of accounting by officers of all moneys coming to their hands.

(v) The security and facility of the navigation of the port.

(vi) The mode of leasing and licensing nnder this Act.

(vii) The construction of wharves, docks, j)i(Ji’s, jetties, or em

bankments, and of sheds thereon ; of canals, landing-stages, slips, platforms, tramways, or hoisting cranes, shears, or engines.

(v iii) The dredging, cleansing, and scouring the rivers within the port, and the improving the bed or channel thereof, and abating and removing wrecks, impediments, obstructions, and nuisances in the port, and the navigation thereof, and the shortening any bend, or removal of any angle in the course of the rivers.

(ix) The management and mode of making contracts, and the conduct of same.

(x) The supply of, and all matters relating to, ballast water for shipping, and the use of steam hoists on wharves or jetties.

(xi) The improvement and management of the port.

(xii) The imposing, levying, and receiving of all tolls, rates, or

charges.

(x iii) The regulation and government of boats.

(xiv) The anchoring, mooring, riding, and fastening of vessels,

and the stiffening, removal, and control of such vessels, whether nnder way, at anchor, at a wharf, pier, jetty, or landing place, afloat, or aground, hove down, or hauled up, or in dock within the port.

(xv) The regulation and control of the use of lights and fire on board any vessel within the port.

(xvi) The manner of boiling or melting pitch, tar, resin, tiirj)en-

tine, or any inflammable substance.

(xvii) The appointment of the place or jilaces for the lading merchant vessels with gunpowder, gun-cotton, dynamite, or any substance used for blasting or ex2)loding purposes, and the unlading thereof, the licensing of powder vessels, and the transport of such gunpowder, gun-cotton, dynamite, and other substance.

(x v ili) The mode of inquiry into any charges brought by or against any person subject to the Harbour Trust Commis sioners.

(xix) The working of coaches, cabs, drays, carriages, and other

vehicles, and the conduct and behaviour of porters, carters,

draymen, coachmen, ferrymen, and others resorting to the

rivers.

1889.

53° VIC.

No. 19.

Wollongong Harbour Trust.

rivers, piers, ■wharves, docks, jetties, landing-stages, canals, or other -works within the port, and for prohibiting persons from acting as porters, carters, draymen, and cabmen Avitliin the port witliout prcA'ionsly obtaining a license to that elTect.

(xx) The licensing of steam tugboats, steam ferries, ferries, boat men, ferry boatmen and othei's, and the sufficiency of the vessels and boats employed Avithin the })ort.

(xxi) The licensing of Avatermen and boatmen plying Avithin the

])ort, and the sufficiency of the boats used by them.

(xxii) The communication betAveen Avharfs, docks, piers, jetties,

landing-stages or platforms and vessels by means of gang-

AA'ays or otherAvise.

(xxiii) The im[)osing of penalties for any breach of any regula tions l)y this iVet authorized to be made, not exceeding for any olfenec tlie sum of tAventy pounds nor less than one pound, except in those cases Avhere this Act imposes a special penalty in respect of any such offence.

(xxiv) The erection of baths and bath-houses;—making excava tions for salt-Avater baths, and any fence or enclosure neces sary ibr the protection or privacy of the same.

(xxv) Any other purpose relating to the comumience of shij)ping or of the public, or for any local enterprise or object Avincli the Governor may approve.

And generally for duly administering and carrying out the poAA'crs Breaches of rcguia- vested in the Commissioners by this Act. Any breach of such regula- punishable by tions, for Avhich no specific penalty shall be therein provided, shall

be punishable by a fine not exceeding tAventy pounds, and no penalty	.
for breach of any such regulation shall be for a sum exceeding twenty pounds or be punishable by imprisonment unless in default of payment, and any pimalty in respect of the breach of any such regulation may be recovered as a penalty imposed by this Act.

97 . No regulations to be made under this Act shall haÂ e any Eeguiations to be

force or elfcct until aiinrovcd bv the Governor and published in the "Pproved by

, ,

j- i

Governor and

\j'(i>Z6 t t 6m

publislied in Gazette,

PART

Y II.

Miscellaneous.

98. Nothing contained in this Act shall be construed to repeal Act not to repeal

any provision of any Act noAV or hereafter to be passed relative to any

GoA'ernment or other railAA’ays, to alfect the rights, poAÂ ers, privileges,	'
and obligations conferred or imposed by any such A c t; or to repeal or alfect any provisions of the “ NaA'igation Act of 1871” or of any Act amending the same, save and except Avhere the express provisions of this Act are inconsistent thereAvith.

99 . Nothing contained in this Act shall extend to prejudice. Saving rights for

diminish, alter, or take aAvay any rights or poAvers of the Municipality

of ITollongong or of any municipality existing at the time of the passing of this Act Avith reference to the construction and maintenance of senders, and any other AA'orks for the scAi ĉrage, drainage, or improve ment thereof.

1 0 0 . ( i ) The OAvner of every vessel shall be, and he is hereby owners accountable

made, liable for all trespasses, damages, spoil, or mischief that shall be worL̂ ’̂ done by such vessel or by any of the boatmen or other persons belong- orproperty orthe ing to or employed in or about the same by any means AvliatsocAmr to Commissioners,

any of the property or effects of the Commissioners or the banks or

other

I'̂ o. 19.

53̂ VIC.

1889.

Wollongong Harbour Trust.

other works erected, maintained, or repaired under the provisions of this Act; and the oumer of every such vessel shall for every such trespass, damage, spoil, or mischief so committed as aforesaid, upon conviction of the person so committing the same before any Justice, on the oath of any credildc witness, or on the confession of the party offending, pay to the secretary of the Commissioirers such damages and compensation as shall ho ascertained, fixed, and determined by such Justice, together with all costs, charges, and expenses attending such conviction, provided that such damages and compensation shall not exceed the sum of twenty pounds besides the costs of such conviction ; and in case such damages or compensation and costs shall not he paid on demand the same shall l)e recoverable in the same manner as any penalty is by this Act directed to he recovered, but in case such damage shall exceed the sum of twenty pounds the said owner may he sued by the Commissioners for such damages or compensation.

Boatmen to be

answerable to their

(ii) Every such boatman or other person so offending shall

masters for all such

he liable for, and shall repay all such damages and compensation as shall

damages and costs.

be so ascertained, fixed, and determined, and recovered as aforesaid, with all the costs of levying and recovering thereof to his master or such owner ; and in case of non-payment tliereof on demand on oath made by such master or owner of the payment made by him of such damages, compensation, and costs, and that the same have been demanded of such boatman or other person respectively, hut that the same have not been repaid (such oath to be made before any Justice), the amount thereof sliall be recovered in like manner as any penalty is hereby directed to be levied and recovered by warrant under the hand and seal of such Justice.

Inquiry into	101.	In case any person complains of the 0 2 :>eration of any
complaints.

regulation of the Commissioners, or of any determination or proceed ing of the Commissioners, or of the conduct of any of their officers, he shall, on an application in Avriting to tlie Commissioners stating the substance of his complaint, be entitled to haA'e his complaint publicly or privately, as he may desire, incpiired into and deended on in manner following, namely :—

(i) On receipt of such application the Commissioners shall depute one or more, not exceeding three, of their body to inquire into the complaint.

(ii) A suitable room shall be proAuded by the Commissioners, to AAEicli tlie complainant, his agent or attorney, and Avitnesscs, and all other persons interested or desirous of attending shall haA'c free access.

(ill) The Commissioner or Commissioners so deputed shall receive the statement of the complainant or his agent or attorney, and the counter statement of any person concerned or his agent or attorney, and shall hear any arguments offered and any eAudence adduced in support of such state ment or (!Ounter statement, and he or they or one of them shall Avrite or cause to be written the substance of such statement, counter statement, and eAudence, and he or they shall re])ort the same and his or their opinion thereon for the information of tlie Commissioners.

(iv) The Commissioners shall consider the report and shall decide on the complaint, and their decision shall be deliA^ered in public either on the same day or on a subsequent day appointed for tlie pmqiose.

(v) AotAvithstanding anything in this Act, any

person not

requiring a public inquiry, but desirous of	stating any
complaint personally to the Commissioners,	shall 1 ) 0 at
liberty to do so on attending at the oifices of	the Commis
sioners, liaAung made ajiplication for the purpose.

(VI)

1889.

53« VIC.

No. 19.

Wollongong Sarhour Trust.

(vi) Tkc Commissioners may from time to time by regulation regulate, subject to tlie provisions of this Act, the proceed-

̂	ings on any such public or private inquiry.

102. Every person wlio sliall unload, put, or throw into any Penalty on throwing

part of the port, or on any shore or ground below high-water mark,

any rubbish, earth, ashes, dirt, mud, soil, or other matter, or allow any offensive matter to flow into the port, shall forfeit for every such offence any sum not exceeding twenty pounds.

103. If any person shall pull down or injure any board put up Penalty for defacing

or required by this Act for the purpose of publishing any POgiilation

notice or penalty, or shall obliterate any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding five pounds, and shall defray the expenses attending the restoration of such board.

101. If through any act, neglect, or default on account whereof Damages to be made

any person shall have incurred any penalty imposed by this Act, any damage to the property of the Commissioners shall have been com mitted by such person, he shall be liable to make good such damage, as well as to jiay such penalty, and the amount of such damages in case of dispute shall he determined by the Justices by whom the party incurring such penalty shall have been convicted ; and on non-payment of such damages on demand the same may be levied by distress, and any Justice may issue his warrant accordingly.

105. The Commissioners shall publish the short particulars of Publication of

the several offences for which any penalty is imposed by this Act or	■
by any regulation of the Commissioners affecting other persons than the officers or servants of the Commissioners, and of the amount of every such penalty, and shall cause such particulars to be painted on a board, and shall cause such board to be hung up or affixed in some conspicuous place in the office of the Commissioners.

100. (i) All penalties and other sums of money by this Act made Mode of enforcing

payable or recoverable, may be recovered with costs, and all offences by this Act made punishable may, unless declared to be misdemeanours, be prosecuted and punished, and the costs of such prosecution recovered, at the suit of any person, by summary proceeding before tAvo or more Justices.

( i i ) Whenever any penalty shall have been imposed by any By distress and im-

Justices, under the provisions of this Act, and the person convicted shall not fortliAAoth pay the same into the hands of the coiiA'icting Justices, such Justices may direct that such penalty be recovered by distress and sale of the goods and chattels of such person, and in default of a sufficient distress, or in the discretion of such Justices, without making any order or issuing any Avarrant for such distress, they may direct that such person be imprisoned in any gaol in New South Wales, Avith or Avithout hard labour, for any period not exceed ing one month if the penalty shall not exceed five pounds, for a period not exceeding three months if the penalty be above five pounds and not exceeding fifteen pounds, and for a period not exceeding six months if the penalty be above fifteen pounds; and such person shall bo detained and kept to labour accordingly, unless he shall sooner pay the penalty and costs.

107. In all cases where any damages, costs, or expenses are by Provision for

this Act directed to be paid, and the method of ascertaining fli®

fo7"

amount or enforcing the payment thereof is not provided for, such	*
amount, in case of dispute, shall bo ascertained and determined by tAvo
J usticcs,andifthcamount soasceilaincdiM'notjiaidby theCommissioners

or other party liable to pay the same within seven days after demand, the

’

amount

100

ISTo. 19.

53̂ VIC.

1889.

Wolloncjong Harhour Trust.

amount may be recovered by distress of the goods of the Commis sioners or other party liable as aforesaid; and the Justices by whom the same shall have been ordered to be paid, or citlier of them, on appli cation, shall issue their or his warrant accordingly.

Method of proceed-	1Q8. "Where in tliis Act any question of compensation, expenses, or more, it shall be lawful for any Justice, upon the application of cither party to summon the other party to appear before one Justice or before two Justices (as the case may require) at a time or place to be named in such summons, and upon the appearance of such parties, or in the absence of them upon proof of due service of the summons, it shall be lawful for such one Justice or two sucli Justices (as the case may be) to hear and determine such question, and for that purpose to examine such parties or any of them and their witnesses on oath, and the cost of every such inquiry shall be in the discretion of such Justices, and they shall determine the amount thereof.
ing before Justices
in questions of	charges, or damages is referred to the determination of any one Justice
damages.

Jurisdiction to be	109.	For the ])urposc of giving jurisdiction under this Act, every
■where the offence

is committed, andoffence shall he deemed to have been committed and every cause of

wherever offender is. complaiut to liavc arisen either in the place in which the same actually

Avas committed or arose, or in any place in which the offender or person complained against may be.

Burden of proof thy	110. If ill any legal proceeding under this Act any question arises ivhether any l essel is or is not within the provisions of this Act, or of some particular part thereof, such vessel shall be taken to be Avithin such provisions unless proof to the contrary is adduced.
a vessel is exempted.

How proceedings

111. It shall be hiAvful for the Commissioners to sue and take

to be taken.

any proceedings against any person Avho shall steal, take, or carry aivay, Avilfully deface, or injure any property, article, or tiling belonging to the Commissioners, and in every sucli case it shall be sulficient to state generally the property, article, or thing in respect of Avhich such pro ceedings shall have heeu taken to hi' the pro])erty of the Commis sioners hy their corporate name.

Service of nolico ou

112. Any summons, notice, Avrit, or other proceeding at laAV or

Commissioners.	in equity required to he served upon the Commissioners, may lawfully be served by deliA'cring the same personally to the secretary, or by leaving the same at the office of the Commissioners.
Service to be p;ood if	113. Service of any summons or other process in any legal pro on the person to he seiwed, or if made at his last knoA\m place of abode or business, or if made on board any ship to Avhich he belongs, and accompanied Avith a statement of the purport thereof to the person in command or appearing to be in command or charge of such ship.
made personally, or
at abode, or on board	ceeding under this Act shall he deemed good service if made personally
of ship,

Authentication of

114. Every summons, demand, or notice, or other like document

notices, etc.

given under the provisions of this Act may he in Avriting or in print, or partly in Avriting and partly in ])rint, and shall be sufficiently authenticated if signed by the secretary or by any one Commissioner, and need not be sealed Avith the common seal of the Commissionci’s.

Transient offenders.

115. It shall be laAvful for any officer or agent of the Com missioners, and all persons called by him to his assistance, to seize and detain any person aaJio shall have committed any offence against the provisions of this Act or any regulation made in pursuance thereof, and Avhose name and residence shall he unknown to such officer or agent, and convey him with all convenient despatch before some Justice, Avithout any AAmrrant or other authority than this Act, and such Justice shall proceed Avith all convenient despatch to the hearing and determining of tlie complaint against such olVender.

Power to contract	116. The Commissioners of the one part, and the council of the
with municipalities

as to streets and	Municipality of Wollongong, or the council of any raunicqAality Avhose
roads.	district adjoins the port, of flic other part, may from time to time, for

the

1889.

SS*’ VIC.

No. 19.

101

IVollongong Harbour Trust.

the purpose of providing convenient ways to and from any of the lands, wharves, docks, ph'rs, jetties, landing-stages, slips, platforms, depots or sheds of the Commissiom'rs, enter into and perform such contract as they may deem ht witli respect to constructing, rc'pairing or maintaining any street, road, bridge, or a]iproac1i, or any part of any str('ct, road, bridge, or approaeii, within tlie limits of the said borough or municipal district as the case may he, either hy apj)or- tioning tin; Avork to he done, or hy sharing the expenses thereof, or otlierwise in the absolute discretion of the contracting parth's.

117. The Governor may from time to time, upon the request The Governor with

of the Commissioners and of tlie conndl of any municipality

mentioned in this Act, dt'clarc hy notice in the Gazette any land iiigiiways.

vested in the Commissioners to he a public iiigliAvay nndcr the manage

ment and control of that council, and such highway shall he treated

in all i\‘s]iects as if it were Avithin the municipal district of that

munici]Aality and dedicattal to the pnltlic.

n s . Any contract of the Commissioners AAdiich is required hy Contracts maybe in

this Act or anv other Act or laAV AvhatsoeAun’ to he in Avriting may be

in AA’riting or in print, or partly in Avriting and partly in print.

Hi). lAlu'iutver any day appointed for any purpose hy this p,.o,.i3ion

case of

Act or the regulations of tlie Commissioners happtms to he a Sunday

day appointed

folloAving day Avliich is not a Sunday or a hank holiday throughout

or a hank holiday throughout N cav South Wales, then the next oHloMayi' purpose.

120. Th(! production of a copy of the Gazette containing AiTiat purports to be regulations of the Commissioners approved of Py the Governor-in-Council shall he received in all legal procettdings as CAudence of the regulations of tlie Commissioners, and the term “ regulations” is to he understood to include the alteration or rcjical of any rt'gulations.

to be evi-

121. All ])cnalties rt'coA'ert'd for offences against this Act or Application of

against any regulation made undtn* this Act shall he paid into the IlarhoiAi' Trust Ihind, and the proceeds of such penalties are hereby appropriated for the purposes of this Act.

SCHEDULES,

lIR ST

SCHEDrLE.

County of Cixintleu, parish of "Wollongony: Commencing on tlio slioro of tho Pacific Ocean, at the eastern extremity of the soutlicrnmost boundary of Stuart Park, proclaimed twenty-ninth iSepieinber, one thousand eight hundred and eighty-five ; and bounded tbenec by that boundary and its prolongation westerly to the eastern boundary of C. T. Smith’s three hundred acres, now subdivided ; thence hy that boundary soutli- easterly to the northernmost corner of tho land appropriated for Gaol, Customs, and Police ; thence hy the north-eastern boundary of that land south-easterly to tho inter section of tlie north-easterly prolongation of a line along the south-eastern wall of the gaol; thence by that line and its prolongation south-easterly to a north-eastern boundary of C. T. Smith’s three hundred acres aforesaid ; thence hy part of that boundary and an eastern hoiindar3̂ of that land sonth-oasterly and southcrh' to the intersection of the eastern prolongation of the northern side of Crown-street, town of 'Wollongong ; thence hy a line south to tho intersection of tho cast ern prolongation of the southern side of Crown-street aforesaid ; thence by a lino j)aidpv forming ])art of the southern side of that street west to the eastern side of IIarbor-street; thence hy part of that side of that street south to the northern side of Rurclli-strcct; thence by part of that side of that street east to a point north of the north-east corner of .John Jfcilly’s two roods ; thence hj' a line partly forming tho eastern boundary of that land and the eastern boundary, W. Eocmer’s two roods south to tho southern side of Stewart-sf rcet; thence by part of that side of that street west to the eastern side of llarbor-strect aforesaid; thence by part of that side of that street soutb to the southern side of Swan-street; thence by part of that side of that street Avest to the eastern side of Church-street; thence by part of that side of that

street

X02

Ĥ o. 20.

51T VIC.

1889.

^lining.

street south to a point east of the south-east corner of section thirty-seven ; thence hy a line partly forming the southern boundary of that section and the southern boundary of the general cemetery west to the eastern boundary of John Drummond’s two huiidrcd and eighty acres; thence by part of that boundary south to the northern boundary of Frederick Jones’ one hundred acres; thence by part of that boundary cast to tho western shore of Tom Thumb’s Lagoon ; thence br that shore southerly and easterly to the shore of tho Pacific Ocean aforesaid, and bv that shore generally northerly to the point of commencement. But exclusive of the Wesleyan, Presbyterian, and Indcjjcndent Cemeteries, tho Eacecourse, Agricultural Show-ground, aud the land known as tho Permanent Common.

SECOND SCHEDULE.

THE WOLLONHONG HAEBOUR TRUST COMMISSIONERS.

No.

T r-in sfe d a b l e

D e l i v e r y .

100.

{Under the authority of the '• Wollongong Harhour Trust Act, 1889.”)

This debenture entitles the bearer to the sum of

lumdred pounds on the

day of

with interest thereon in the meantime at tho rate of

per centum

per annum, payable half-yearly ou

day of

and the

day of in every year, as per coupons annexed, which principal sum and interest are charged and secured upon tolls, rates, charges, fines, rents, and other profits given to, vested in, or authorized to be received by “ The Wollongong Harbour Trust Commissioners,” under the authority of the “ AVollongong Harbour Trust Act.” And, such principal sum and interest are payable at the banker.s, for tho time being, of the Commissioners in the city of Sydney, or [as the case may he] in the city of Loudon.

Given under the common seal of the Commissioners, at the town of Wollon

gong aforesaid, this

d.ay of

( l .s .)	Commissioners.
Secretarju Trea surer.