Port Augusta Traffic By-laws, 1913 (Provisional)

STATUTORY RULES.

1913. No. 340.

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PROVISIONAL BY-LAWS FOR THE REGULATION OF TRAFFIC AT PORT AUGUSTA.

I, THE Minister of State for Home Affairs, in pursuance of the powers conferred upon me by the Northern Territory Acceptance Act 1910, and the Kalgoorlie to Port Augusta Railway Act 1911, and in pursuance of all other enabling powers, hereby certify that, on account of urgency, the following By-laws should come into operation on the first day of January, One thousand nine hundred and fourteen, and make the By-laws to come into operation on that date as Provisional By-laws.

Dated this twentieth day of December, 1913.

JOSEPH COOK,

Minister of State for Home Affairs.

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COMMONWEALTH RAILWAYS—PORT AUGUSTA TRAFFIC BY-LAWS.

PART I.—PRELIMINARY.

Short title.

1. These By-laws may be cited as the Port Augusta Traffic By-laws, 1913.

Parts.

2. These By-laws are divided into Parts as follows:—

Part I.—Preliminary.

Part II.—Application of South Australian Railway By-laws.

Part III.—Conditions of Traffic between Railway and Ships.

Part IV.—The Wharf.

Part V.—Rates and Charges.

Definitions.

3. In these By-laws if the context so requires or admits:—

“Goods” includes merchandise and chattels of every description and animals alive or dead;

“Minister” means the Minister of State for Home Affairs;

“Ship” includes every description of vessel used in navigation not ordinarily propelled by oars only;

“Wharf” means the Railway wharf at Port Augusta; and

“Wharfinger” means the officer appointed as such under these By-laws and, until a wharfinger is appointed, includes the Station Master at Port Augusta.

Delegation by Minister.

4. The Minister may by writing under his hand delegate all or any of his powers under these By-laws (except this power of delegation).

Variance of By-laws not permitted.

5. The provisions of these By-laws shall not be varied or dispensed with unless with the permission in writing of the Minister.

C. 17311.—Price, 5d.

PART II.—APPLICATION OF SOUTH AUSTRALIAN RAILWAY BY-LAWS.

Application of South Australian By-laws.

6. Goods consigned at Port Augusta to, or received at Port Augusta from, any station on the Port Augusta-Oodnadatta Railway or on the South Australian Railways, shall be shunted and handled and otherwise dealt with by the Minister under and subject to the same conditions as to liability as apply to similar traffic on the South Australian Railways and expressed in the By-laws of the South Australian Railways Commissioner for the time being in force, and references in those By-laws to the Railways Commissioner shall be read as references to the Minister and references to the South Australian Gazette shall be read as references to the Commonwealth Gazette.

PART III.—CONDITIONS OF TRAFFIC BETWEEN RAILWAY AND SHIPS.

Liability in respect.

7. In respect of goods consigned at Port Augusta for delivery to any ship at the wharf or goods received from any ship at the wharf for delivery, at Port Augusta—

(a) The Minister will not be liable for the loss of or damage to any goods of the descriptions following, that is to say:—Gold or silver coin of the realm or of any foreign State, or any gold or silver in a manufactured or unmanufactured state; or any precious stones, jewellery, watches, clocks, or time-pieces of any description; trinkets, gold or silver ores, bills, notes of any bank, orders, notes, or securities for the payment of money; English, Colonial, or Foreign stamps; maps, writings, title deeds; paintings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other materials; furs, lace, or any of them; which have been shunted, handled, or otherwise dealt with by the Minister, when the value of such goods exceeds the sum of ten pounds, unless at the time that the goods come into possession of the Minister for the purpose of being carried or handled, the value and nature of the goods has been declared by the person sending or delivering them and the increased rate for carriage or handling hereunder set forth has been paid to and accepted by the officer duly authorized to receive it.

(b) The following are the increased rates to be paid upon the goods enumerated in the preceding paragraph of this By-law carried or handled at the risk of the Minister, the amount to be prepaid upon consignment of the goods:—

Per cent. on Declared Value above £10. Minimum Charge.

10s. 0d. 2s. 0d.

(c) The Minister will not, under any circumstances, be responsible for—

(i) Loss or misdelivery of any goods improperly or insufficiently marked, directed, or described, nor for loss of, or damage to, any goods which he or his employés may consider to be insufficiently or improperly packed or secured;

(ii) Loss or damage occurring to goods consisting of a variety of articles in the same package liable by breakage to damage each other or other articles, or arising from leakage due to bad vessels, or bad cooperage, or to fermentation;

(iii) Damage to any goods of a fragile or brittle nature, such as marble ornaments or statuary, musical instruments, furniture or toys, which are, in the opinion of the Minister or his employés, more than ordinarily hazardous, unless their nature is declared in writing at the time the goods come under the control of the Minister and the goods are properly packed and protected, and the additional rate referred to in paragraph (b) of this By-law is paid, and for the purposes of this paragraph furniture and fragile articles, simply covered with canvas or paper or in frail skeleton frames, will be treated as unprotected;

(iv) Loss of or damage to fruit, fish, meat, poultry, game, and other perishable goods which arises from the perishable nature of the goods, or by reason of delivery not being taken of them forthwith on arrival;

(v) Loss of market, or any indirect or consequential damages in respect of goods lost, damaged, or delayed;

(vi) Loss or damage in connexion with the receipt, carriage or delivery of goods, unless occasioned by the neglect or default of the Minister;

(vii) Loss of or damage to any goods, put into wrappers, boxes, packages, cases, or baskets marked, described, returned, delivered, or represented as “Empties”.

(d) The Minister reserves the right to inspect all goods before acceptance or at any time before delivery to a consignee in order to ascertain whether they are in accordance with the declaration on the consignment or shipping note. Any package which the Minister considers it necessary to open for the purposes of this By-law shall be opened by and at the expense of the sender or owner. The Minister reserves to himself the right to refuse goods which he or his officers may adjudge to be unsafe or unfit for carriage or handling.

(e) All goods must be fully and distinctly addressed, branded, or marked with approved brand. Bundles or bar iron must be provided with cloth or tin labels bearing the name and address of consignee or the approved brands. Pencil and chalk brands will not be accepted.

Time for lodging claims for damage.

8. Claims for detention or loss of or damage to goods will not be recognised unless lodged in writing within seven days after the date on which such goods were or should have been delivered, and no claim will be recognised if lodged after the goods alleged to have been damaged have been removed from the premises of the Minister.

Corrections.

9. Where an undercharge has been made in respect of any receipt or invoice, the Minister may, within three months from the date of the undercharge, correct the receipt or invoice and collect the balance owing.

Sale of goods.

10. Any goods on the railway premises, or stored elsewhere by the Minister, which are not claimed and removed by the owners, may be sold by the Minister after the expiration of the time hereinafter specified, and after deducting any amount which may be due thereon for freight, storage, and other charges, including any expense of sale, the Minister will pay the, surplus (if any) to the owner on demand:—

(a) Any goods likely to deteriorate may be sold forthwith.

(b) All empties may be sold after the expiration of seven days.

(c) All other goods may be sold after the expiration of six months.

Trespassing on Railway premises. Persons to leave premises when requested.

11. Any person wilfully trespassing on Railway premises shall be liable to a penalty not exceeding ten pounds; any person who does not leave the Railway premises when required to do so by an employé of the Minister authorized in that behalf shall be liable to a penalty not exceeding ten pounds.

Plying for hire on Railway premises.

12. The driver of any carriage, cart, dray or other public vehicle shall not ply for hire within any railway premises without a licence in writing.

Penalty: Ten pounds.

Credit accounts.

13. Credit for payment of freight, and other charges will not be allowed except by special arrangement with the Minister. Forms of application for monthly credit are obtainable, but on goods of a highly perishable nature, the freight and other charges must always be prepaid.

PART IV.—THE WHARF.

Wharfinger to enforce Bylaws.

14. The Wharfinger is empowered to enforce the By-laws contained in this Part and masters of ships and others using the wharf and failing to comply with his instructions in connexion with such use shall be liable to a penalty not exceeding ten pounds.

Time allowed for unloading ships.

15. Ships are allowed time, as under, for discharging and loading, excepting on Sundays, Christmas Day, Good Friday, and any other days specified by the Minister, viz.:—

Penalty for exceeding time allowed.

16. Any ship exceeding the above and remaining at a berth without permission will be charged 1s. per ton net register for every day in excess of the time allowed. Any ship having completed the discharge of its cargo, or which is stopped for stiffening, must be removed from the wharf if such removal is required by the Wharfinger.

Ships shall be moored as directed.

17. (1) No ship or boat shall be moored or fastened to the wharf or attached to any ship or boat so moored or fastened without the prior consent in writing of the Wharfinger.

(2) The forms of application for such consent may be obtained at the office of the Wharfinger.

(3) The Wharfinger shall, if he sees fit, specify in such written consent the particular berth at the wharf or ship or boat in respect of which his consent is given.

(4) If any ship or boat is moored or fastened to the wharf or attached to any ship or boat other than at the particular berth or to the particular ship or boat specified in the consent, the ship or boat shall be deemed to have been moored or fastened to the wharf or attached to the ship or boat, as the case may be, without the prior consent in writing of the Wharfinger.

(5) The master or other person responsible for the mooring fastening or attaching of any ship or boat in contravention of this By-law shall be liable to a penalty of ten pounds, and the Wharfinger may, at the expense of the master or owner of any such ship or boat remove it to such place in the vicinity as he thinks fit.

Discharge and loading to be expedited.

18. The master of any ship which occupies a berth at the wharf, if so required by the Wharfinger, shall cause the discharge and the loading of the ship in respect of both ballast and cargo to be proceeded with vigorously during the whole 24 hours of every day except Sundays, Christmas Day, Good Friday, and such other days as the Minister specifies, and shall render the usual assistance and provide the usual facilities, rigging, and equipment to permit of such expeditious discharge and loading.

Penalty: One pound for every hour during which the contravention of this By-law continues, the total penalty in any case not to exceed ten pounds. For the purposes of this By-law, any period during which the weather conditions are in the opinion of the Harbour Master such as to render it impracticable to carry on the work of discharging or loading or such as to cause damage to the cargo whilst being discharged or loaded shall not be included in the period during which the contravention of the By-law continues.

Ships must be removed on notice.

19. The master of any ship shall, within three hours after written notice from the Wharfinger to remove the ship has been left on board the ship, cause the ship to be removed from the wharf to such a position as will not obstruct any other ship from reaching, leaving, or using such wharf, provided that, in the opinion of the Harbour Master, the weather conditions permit of the ship being moved.

Penalty: One pound for every hour during which the contravention of this By-law continues. The total penalty in any case not to exceed ten pounds.

Goods must not be removed without permission.

20. No person shall remove goods from, or place goods on, the wharf or the platform or in the railway shed or yard in connexion therewith, without permission of the Wharfinger.

Penalty: Ten pounds.

Goods on wharf liable to storage charges after 12 hours.

21. Goods shall be allowed to remain on the wharf for twelve working hours without extra charge, after which time they will become liable to storage charges according to the scale for the time being in force. They may, however, be removed by the Wharfinger without notice, at the risk and expense of the owner, consignor, or consignee.

Minister not responsible for damage to goods on wharf.

22. The Minister will not be responsible for damage from whatever cause arising done to goods lying on the wharf, nor will he be liable for goods stolen therefrom while under storage or otherwise.

Tarpaulins must be used.

23. The master of each ship loading or unloading ballast, coal, ore, or other goods in bulk shall use tarpaulins in order to prevent any part of the ballast, coal, ore, or other goods from falling overboard.

Penalty: Ten pounds.

Certain goods must not be placed on wharf without permission.

24. Boats or casks must not be placed, nor is ballast to be landed, spars made, wood cut, or casks coopered on the wharf without the permission of the Wharfinger.

Landing of gunpowder, &c.

25. Gunpowder, or any other explosive compound must not be landed or shipped at or from the wharf without the permission in writing of the Wharfinger.

Fires on wharf not permitted.

26. Fires will not be permitted on the wharf for any purpose whatever.

Horses not allowed on wharf.

27. Horses must not, without permission, be taken on to the wharf for the purpose of loading or discharging ships.

Use of staging.

28. Staging provided for loading or discharging shall be used on the wharf only.

Stacking of goods.

29. All goods shall be stacked where directed by, and to the satisfaction of, the Wharfinger.

Goods must be removed.

30. Any goods impeding business on the wharf may be removed and stored by the Wharfinger at the risk and expense of the owner at any time without notice.

Gear for loading, &c.

31. Gear for loading or unloading goods must not be erected or placed within 4 ft. 6 in. of the nearest rail of any railway line.

Minister’s lien on goods.

32. The Minister shall have an absolute lien on all goods landed or delivered on the wharf for payment of wharfage dues, storage, shunting, or rent incurred thereon, or for any general balance owing by the owner, consignor, or consignee of such goods.

Wharfage on goods landed and re-shipped.

33. Wharfage dues shall only be paid once in respect of goods landed at the wharf, and reshipped by the same owners within twenty-four hours of the landing of the goods, and without their removal from the wharf except for the purpose of such reshipment, provided written notice of such reshipment is given to the Wharfinger at the time of landing, provided also that in respect of wool only one wharfage shall be charged if the wool is reshipped within seven (7) days of such landing without removal from the wharf.

Wharfage to be paid by shipper.

34. The shipper of any goods will be required to pay the wharfage, whether shipped on his own account or otherwise.

Wharfage on goods inwards.

35. Wharfage on goods inwards, must be paid by the consignee, agent, or owner.

Master of ship to furnish manifest.

36. (1) The master or agent of each ship berthing at the wharf, shall furnish to the Wharfinger on demand a manifest or statement showing a true and correct list of all goods loaded and shipped by the ship and the weight or measurement of such goods upon which the ship’s freight is charged.

(2) Any master failing to furnish such manifest or statement in accordance with the preceding paragraph of this By-law or furnishing a manifest or statement which is not true and correct in every particular will be subject to a penalty not exceeding ten pounds.

Certificate of Registry to be produced.

37. The Master of any registered ship berthed or moored at the wharf shall on demand produce to the Wharfinger the certificate of the Registry of the ship.

Obstructing Wharfinger.

38. No person shall hinder, prevent, or obstruct the Wharfinger in the execution of his duty.

Penalty: Ten pounds.

Cutting moorings, &c.

39. No person shall wilfully cut, break or destroy the mooring or fastening of any ship lying at the wharf.

Penalty: Ten pounds.

PART V.—RATES AND CHARGES.

Tonnage dues.

40. (1) Tonnage Dues in respect of ships berthing at the wharf shall be charged as under, viz.:—

(2) One charge only is to be made for discharging or loading or both.

(3) Quarterly permits entitling coasters (steam or sail) to the use of the wharf during three months, will be issued from 1st January, April, July and October, on payment of dues calculated for ten single trips or visits at the port.

(4) Hulks in tow of steamers are subject to the tonnage dues payable by sailing ships.

(5) The following ships are exempt from tonnage dues:—

(a) His Majesty’s warships,

(b) Barges, hulks, ketches or steam lighters, whilst engaged in the work of lightering between the wharf and ships lying at the anchorage of the port, and

(c) Ships lying at an anchorage.

Wharfage dues.

41. In respect of goods loaded into or discharged from any ship at the Wharf, wharfage shall be charged at the rates set out in the table hereunder.

Where not otherwise indicated the words “per ton” shall mean dead weight or measurement, according to the denomination used on the ship’s Bill of Lading or Shipping Note.

The minimum wharfage charge shall be 3d. on each consignment.

Wharfage.

Goods from one consignor to one consignee, if bearing different brands or addresses, stall be charged for separately and not as one consignment.

Rates and Charges—continued.

Rates and Charges—continued.

Rates and Charges—continued.

Handling of goods.

42. In respect of goods received from or delivered to any ship at the wharf by the employés of the Minister, a handling charge of 2s. 6d. per ton (minimum 6d. per consignment) calculated on the wharfage tonnage shall be imposed. Such charge shall include sorting and subsequent delivery to consignees, or loading for forwarding by rail.

Use of platforms.

43. Goods classed as Miscellaneous, Grain, A, B, or C Classes under the By-laws of the South Australian Railways Commissioner for the time being in force in not less than truck loads, may be loaded or unloaded through the goods shed and over platforms only when room will permit, and at Wharfinger’s option, a charge of 1d. per ton being levied for either loading or unloading.

Use of hand-cranes or loading boards.

44. A charge of 2d. per ton or part thereof, is made for the use of the Hand Cranes or Loading Boards for lifting, loading, or unloading goods classed as Miscellaneous, Grain, A, B, or C Classes under the By-laws of the South Australian Railways Commissioner for the time being in force carried or to be carried by rail; minimum charge 2d.

A charge of 3d. per ton, or part thereof, is made for either of the above services when rendered in respect of goods not carried or to be carried by rail; minimum charge 3d.

Shunting.

45. Charges as shown below will be imposed:—

(a) In respect of goods for or after shipment when consigned from or to any station on the Port Augusta-Oodnadatta line or on the South Australian Railways, whether direct or otherwise, but not inclusive of goods removed from the railway premises at Port Augusta en route; also in respect of goods for or after carriage by rail loaded or delivered upon any private siding at Port Augusta:—

(b) In respect of goods for or after shipment loaded or delivered upon any private siding at Port Augusta or shunted between any two points within the Station yard.

Shunting of livestock.

46. In the case of the shunting of live stock trucks carried or to be carried by rail a charge of 1s. 6d. per four-wheeled truck and 3s. per bogie truck is made for shunting between the Railway Station Yard and the point of delivery, to, or from, any portion of the Wharf, or any private siding.

The Minister will not undertake any shunting of any goods on any private wharf or siding.

Storage charges

47. The following rates for storage shall be charged in respect of all goods other than vehicles and agricultural implements received by rail or sea remaining on the Wharf or in any shed or yard used in connexion therewith, for more than 12 working hours:—

Water supplied to ships.

48. Water supplied under pressure to any ship shall be charged for at the rate of 6s. per 1,000 gallons, subject to a minimum charge of 3s.

Water carried by rail to the wharf and supplied to any ship shall be charged for at the rate of 7s. 6d. per 1,000 gallons in addition to such freight and shunting charges as may have been incurred.

Overtime.

49. (1) For the purposes of this By-law hours of working shall be from 8 a.m. to 12 noon and from 1 to 5 p.m. on every day, except Saturdays and Sundays, and from 8 a.m to 1 p.m. on Saturdays.

(2) Overtime rates shall be charged for work performed during any hours other than the hours of working as defined in the preceding paragraph as under:—

Shunting Engine including one shunter—10s. per hour or part thereof.

One horse—3s. per hour each.

A charge of 2s. per hour will be made for a man in attendance at the wharf before or after working hours.

(3) Requests that overtime be worked must be lodged with the Wharfinger four hours prior to commencement.

(4) Overtime will be worked only at the option of the Minister.

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