LIGHTHOUSES.
No. 17 of 1915.
An Act to amend the Lighthouses Act 1911.
[Assented to 28th June, 1915.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Lighthouses Act 1915.
(2.) The Lighthouses Act 1911, as amended by this Act, may be cited as the Lighthouses Act 1911-1915.
Commencement.
2. This Act shall commence on the day upon which the Lighthouses Act 1911 is proclaimed to commence.
3. After section six of the Lighthouses Act 1911 the following section is inserted:—
Acquisition of lighthouses by compulsory process.
“6a.—(1.) Where the Commonwealth has failed to enter into an agreement with the Governor or other authority of any State for the acquisition of any particular lighthouse or marine mark the property of that State, the Commonwealth may acquire by compulsory process the lighthouse or marine mark together with any lighthouse tender, store vessel, stores or equipment or other property used by it or him in connexion with the lighthouse or marine mark, and so much of the land reserved dedicated set apart or used for the purpose of the lighthouse or marine mark as the Governor-General thinks sufficient.
“(2.) For the purposes of this section, any lighthouse or marine mark vested in any authority of a State shall be deemed to be the property of the State.
“(3.) The provisions of the Lands Acquisition Act 1906 in relation to the acquisition of land by compulsory process and to the determination of the amount of compensation payable in respect of land so acquired shall so far as applicable apply in relation to the acquisition of any lighthouse or marine mark under this section.
“(4.) The mode of compensation to the State in respect of each lighthouse or marine mark acquired under this section shall be the payment in perpetuity of interest at the rate of three and one-half pounds per centum per annum on the amount of compensation so determined in respect of the lighthouse or marine mark so acquired.
“(5.) The interest payable in pursuance of this section shall be payable as from the date of the acquisition of the lighthouse or marine mark, and shall be paid annually or at such shorter periods as the Treasurer thinks fit.
“(6.) All payments to be made in pursuance of this section shall be payable out of moneys from time to time appropriated by the Parliament for the purpose.
“(7.) In this section, other than sub-section (1.), the words ‘lighthouse’ and ‘marine mark’, include any lighthouse tender, store vessel, stores, equipment or other property, or land, acquired by the Commonwealth under sub-section (1.) of this section.”
Overview
The Lighthouses Act 1915, enacted by the Commonwealth Parliament, serves as an amendment to the Lighthouses Act 1911. It was introduced to address the gap in securing federal control over lighthouses that were under state jurisdiction, particularly in instances where agreements for acquisition could not be reached. The fundamental issue it aimed to resolve was ensuring that the Commonwealth could enforce compulsory acquisition of lighthouses and related properties, thereby enhancing navigational safety and maritime regulation. The Act allows for the compulsory acquisition of lighthouses and marine marks, along with associated properties, by the Commonwealth if agreements with state authorities are not reached. This ensures that the federal government can maintain and operate these critical maritime aids without dependency on state cooperation.
Scope and Application
The Lighthouses Act 1915 amends the Lighthouses Act 1911, primarily focusing on the compulsory acquisition of lighthouses and marine marks owned by state authorities by the Commonwealth government. This legislation applies to lighthouses and marine marks that are property of any state, allowing the Commonwealth to acquire these assets by compulsory process if an agreement cannot be reached with the respective state authorities. The Act stipulates that compensation to the states for these acquisitions shall be the perpetual payment of interest at a specified rate, in addition to the application of the Lands Acquisition Act 1906 for the determination of compensation for any land acquired in the process. The Act is enacted at the Commonwealth level, thus its application is national, encompassing all states within the Australian federation. The application of the Act extends to the acquisition of associated property such as lighthouse tenders, store vessels, stores, equipment, and land dedicated for the purpose of the lighthouse or marine mark.
Key Provisions
The main operative sections of the Lighthouses Act 1915 introduce a new section (6a) that allows for the compulsory acquisition of lighthouses and marine marks from state authorities. This section applies when the Commonwealth fails to reach an agreement with state authorities regarding the acquisition of these assets (section 6a(1)). The Commonwealth may acquire not only the lighthouse or marine mark but also any associated property, such as lighthouse tenders, store vessels, stores, equipment, or other property, and the land reserved for the lighthouse or marine mark (section 6a(1), (7)). The acquisition is subject to the provisions of the Lands Acquisition Act 1906, which dictate the process for acquiring land and determining compensation (section 6a(3)). The compensation to be paid to the state includes perpetual interest at a specified rate (section 6a(4)-(6)).
The obligations imposed by the Act on the Commonwealth and state authorities are primarily related to the acquisition process. The Commonwealth must attempt to enter into an agreement with state authorities for the acquisition of lighthouses and marine marks (section 6a(1)). If such an agreement cannot be reached, the Commonwealth has the authority to acquire these assets through compulsory process, as detailed in section 6a. State authorities, on the other hand, must comply with the compulsory acquisition process as outlined in the Act and the Lands Acquisition Act 1906, including the provision of necessary information and cooperation in the acquisition process.
Breach of the provisions in the Act could lead to legal consequences. While the Act does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance, it is implied that failure to adhere to the compulsory acquisition process could result in legal disputes or challenges. The compensation mechanism established in section 6a(4)-(6) ensures that states receive ongoing financial consideration for the acquired assets, which could be contested if not properly adhered to. The Lands Acquisition Act 1906, which governs the acquisition process, may also include specific penalties for non-compliance with its provisions.