1958. Harbor Boards. No. 6268 805

No. 6268.

HARBOR BOARDS ACT 1958.

An Act to consolidate the Law relating to Harbor Boards for Certain Ports.

[30th September, 1958.]

E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Harbor Boards Act 1958, and shonuue shall come into operation on a day to be fixed by proclamation me"™"!6* of the Governor in Council published in the Government Gazette, dlvis»on- and is divided into Parts as follows:— Part I.—Constitution of Harbor Boards ss. 6-22. Part II.—Officers &c. ss. 23-29. Part III.—Properties Powers and Duties of Harbor Boards ss. 30-73. Part IV.—Financial ss. 74-101. Part V.—Regulations ss. 102-104. Part VI.—Miscellaneous ss. 105-119. 2. (1) The Acts mentioned in the First Schedule to this Act to Repeal, the extent thereby expressed to be repealed are hereby repealed |^duIe accordingly. (2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately 806 1958. Harbor Boards. No. 6268 before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order licence decision power duty appointment incorporation election agreement contract security direction approval authority toll rate charge proceeding notice liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

Interpretation. 3. In this Act unless inconsistent with the context or No. 3695 s. 3. subject-matter— " Appointed " Appointed day " used with reference to any harbor board means the day appointed pursuant to this Act or the Harbor Boards Act 1928 for the first meeting of the harbor board. • Ballast." " Ballast" includes every kind of stone gravel sand and soil and every commodity or thing commonly used for the ballasting of vessels. " Buoys and " Buoys and beacons " includes all other marks and signs beacons." of the sea. " Chairman." " Chairman " means chairman of a harbor board. " General " General Fund " means the General Fund of a harbor Fund." board. ' Goods.' " Goods " includes all wares merchandise and articles of every description. " Harbor Board." " Harbor Board" or " Board" means harbor board " Board." constituted pursuant to this Act. " Harbor­ master." " Harbor-master " includes assistant harbor-master. " Master." " Master " of a vessel includes any person having lawfully or de facto the command charge or management of the vessel. " Member.' " Member " means member of a harbor board. "Owner." " Owner " used in relation to goods includes any consignor consignee shipper or agent for the sale or custody loading or unloading of such goods as well as the owner thereof. ' Owner." " Owner " of a ship registered includes any person who is the owner jointly with any other person or persons or as a shareholder in any company registered as owners. " Part." " Part" means Part of this Act. 1958. Harbor Boards. No. 6268 807 " Person" includes a corporation whether aggregate or " Person." sole and any commission or other public body although not incorporated and persons trading together in partnership. " Prescribed" means prescribed by this Act or the "Prescribed." regulations. " Regulations" (other than regulations of the Governor j'J^-,, in Council relating to elections of elected members of harbor boards) means regulations made pursuant to this Act by a harbor board. " Revenues " of a harbor board includes all tolls rates and " Revenues." charges fees rents interest fines penalties forfeitures and moneys (other than loan moneys and moneys applied out of the Consolidated Revenue) given or granted to vested in or authorized to be demanded received or taken by the harbor board and all harbor district rates authorized to be made and levied by the harbor board. " River " includes creek. "River.- " Secretary " means the secretary to a harbor board. " secretary." " Ship" includes every description of vessel used in " sup." navigation not propelled by oars. " Shore " means the shore so far as the tide flows and " shore.- re-flows between high and low water marks at ordinary tides. " The port" used in relation to a harbor board means so " The port." much of the port the waters falling into it and the lands on the margin thereof as is described in the Order in Council whereby the harbor board is constituted pursuant to this Act or in any subsequent Order in Council relating thereto. " Vessel" means any ship lighter keel barge boat wherry " vessel." raft or craft or any other kind of vessel whatever whether navigated by steam or otherwise. " Wreck " includes jetsam flotsam lagan and derelict. " wreck." 4. (1) This Act shall be read and construed as subject to any construction relevant law of the Commonwealth and as in aid and not in ^3695 s 4 derogation of the Marine Act 1958 which Act shall apply to the Marine Act ' port of any harbor board in all cases except where the express *°&v>&3. provisions of this Act are inconsistent therewith. (2) Every harbor board shall be and be deemed to be a local Harbor board authority within the meaning of the Public Contracts Act 1958. authority*1 within the meaning of Public Contracts Act. 5. All Orders in Council under this Act shall be published in ordersin the Government Gazette and may be repealed amended or varied ^"^j 5 in like manner by Order in Council and any Order in Council so amended or varied shall take cffec i accordingly. 808 1958. Harbor Boards. No. 6268

PART I.—CONSTITUTION OF HARBOR BOARDS.

Orders for proclamation 6. (1) The Governor in Council may after a conference of districts between the Minister and the councils of any municipalities and constitution concerned or their representatives, such conference to be convened of harbor boards &c. by the Minister, by Order— No. 3695 s. 6. (a) proclaim any harbor board district referred to in the Second Second Schedule to this Act so as to include the Schedule. whole or any part of the area of such harbor board district as set out in the said Schedule and proclaim the number of subdivisions of such harbor board district set out in the said Schedule and so as to include the whole or any part of any subdivision thereof as set out in the said Schedule to be a harbor board district with the subdivisions so proclaimed (as the case may be) under this Act; and (b) provide for the constitution under this Act of any harbor board mentioned in the said Schedule. (2) The number of elected members to be elected to represent each subdivision of any harbor board district so proclaimed shall Second Schedule. be the number provided for in the Second Schedule to this Act. Rateable (3) The rateable area of every harbor board district area. proclaimed as aforesaid shall be the whole of the harbor board district as so proclaimed. Second (4) Where by any Order in Council under section eight of Schedule. this Act the Second Schedule to this Act is altered or amended the said Schedule as so altered or amended shall take effect as if enacted in this Act.

Orders in 7. Every Order in Council providing for the constitution of Council providing for a harbor board shall subject to this Act— constitution of harbor boards. (a) state the total amount of money which may be granted No. 3695 9. 7. pursuant to this Act by way of loan by the Governor in Council to the harbor board for the purposes of this Act and also the amount which the harbor board may borrow by way of overdraft; (b) assign a corporate name to the harbor board; (c) describe the boundaries of the port and any unalienated lands of the Crown in the vicinity of the port (not being at the date of the Order in Council land reserved under section fourteen of the Land Act 1958 or any corresponding previous enactment) which are to be vested in the harbor board under this Act; (d) set out what works undertakings equipment plant machinery or property of the Crown in connexion with the port is to be vested in the harbor board; and 1958. Harbor Boards. No. 6268 809 (e) contain such provisions (not inconsistent with this Act) as according to the facts and circumstances of the case the Governor in Council thinks fit. 8. The Governor in Council may on the petition of any harbor Additional board— council. (a) make additional Orders in Council (not inconsistent No-3695s-8- with this Act) relating to the harbor board; and (b) in any such Order— (i) provide for any matter which might have been provided for in the original Order in Council for the constitution of the harbor board; (ii) increase or diminish the extent of the harbor board district or (if the case so requires) the rateable area of the harbor board and re-subdivide the harbor board district; and alter or amend the Second Schedule Second to this Act accordingly and thereupon Schedule' the said Schedule as so altered or amended shall take effect as if enacted in this Act; and (iii) alter the corporate name of the harbor board. 9. (1) When the harbor board district or any rateable area Alteration of stJi of any harbor board has been or is about to be increased or t ^^'9 diminished or the harbor board district of any harbor board has been or is about to be re-subdivided the Governor in Council may make such Order as appears just for the purpose of— (a) apportioning any debts or liabilities between the various localities affected or to be affected thereby; (b) determining what persons shall cease or continue to be members of the harbor board and for how long they shall respectively so continue; and (c) determining all other matters which it appears desirable or proper so to determine. (2) Every such Order shall be in all respects binding on the harbor board and on all persons thereby affected.

10. (1) The members of any harbor board shall consist of Number of the number of elected members set out in the Second Schedule to ESSr"80* this Act together with one member appointed by the Governor in boards- No 3695 Council as hereinafter provided. Secon' d "''" (2) No person shall be eligible for election as an elected Schedule. member of a harbor board unless he is liable to be rated under the Local Government Act 1958 to any municipality in respect of rateable property situate within the harbor board district. 810 1958. Harbor Boards. No. 6268

Elections of 11. The following provisions shall apply with respect to the member*}, election of elected members of harbor boards:— No. 3695 s. 11. see No. 5425. (l) All elected members of any harbor board shall be elected by ratepayers of the municipalities the municipal districts of which are in whole or in part within the subdivision of the harbor board district for which the election is held; and every person whose name is inscribed on the municipal roll in force for the municipal district of any such municipality in respect of any property rateable to the municipality and situate within such subdivision shall be entitled to vote and shall be entitled to one vote and no more;

(2) A first election of elected members of any harbor board shall be held on a day appointed by Order of the Governor in Council;

(3) An annual election of elected members of every harbor board shall be held on the day appointed under the Local Government Act 1958 for the annual election of councillors thereunder;

(4) All elections of elected members shall be conducted in such manner and shall be held at such times and places as are prescribed by regulations of the Governor in Council and under the direction of returning officers appointed in accordance with the regulations;

(5) Rolls for the dc:tion of elected members by ratepayers shall be prepared at such times and in such manner as are prescribed by regulations of the Governor in Council and by persons appointed in accordance with the regulations;

(6) The regulations for elections of elected members— (a) shall where practicable provide for preferential voting; (b) shall provide against any voter voting more than once at the same election; and (c) may prescribe penalties of not more than Ten pounds for any breach of the regulations; 1958. Harbor Boards. No. 6268 811 (7) The Governor in Council may make regulations for or with respect to any matter authorized or required to be prescribed under this section or necessary or convenient to be prescribed for carrying into effect the purposes of this Act relating to elections of elected members of or the constitution of harbor boards; (8) All regulations under this section shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

12. Subject to this Act elected members of a harbor board Period of shall be entitled to hold office for a period of three years next SucteS' ensuing from the date of their election and shall be eligible for members. re-election. No. 3695 s. 1Z

13. On the day appointed for every annual election of elected Retirement by members of any harbor board one-third of the elected members rotation. shall go out of office as by rotation and the members who shall No. 3695 s. 13. so go out of office shall be the members who have been longest in office without re-election: Provided that in the case of members elected at a first election the members to go out of office by rotation and the annual elections at which they shall severally go out of office shall be determined by lot and they shall go out of office accordingly.

14. (1) Where a vacancy occurs in the office of an elected Fining up of member of a harbor board (other than a vacancy occurring by vacancies. reason of the expiry of the period for which such member was No. 3695 s. 14. elected or appointed) the Governor in Council may appoint any qualified person nominated by the council of any municipality or the councils of any municipalities the municipal district or municipal districts of which is or are in whole or in part included in the subdivision represented by such member to be a member of the harbor board; and subject to this Act such person shall hold office as if elected hereunder.

(2) If from any cause whatever any member of a harbor Appointment board requiring to be elected is not elected within the time eJecttoST01 prescribed by or under this Act or any person required to be nominated under this Act is not so nominated the Governor in Council may appoint any qualified person to be a member of the harbor board; and subject to this Act such person shall hold office as if elected hereunder. 812 1958. Harbor Boards. No. 6268

Vacancy by (3) Where the office of a member of a harbor board becomes absence from vacant by reason only of his absence without leave from four meetings. consecutive ordinary meetings the Governor in Council may appoint such person to his former office if he is otherwise qualified.

Term of office of member (4) For the purpose of determining the period for which he filling vacancy shall hold office— or in default of election. (a) every member of a harbor board elected or appointed to fill any vacancy in the office of an elected member (other than a vacancy caused by the expiry of the period for which such a member was elected or appointed) shall be deemed to have been elected or appointed at the same time and in the same manner as the last holder of the office who was elected or appointed otherwise than to fill any such vacancy; and (b) every member appointed in consequence of any failure to elect shall hold office as if he had been elected on the day appointed for the election.

One member 15. (1) In addition to the elected members of any harbor of harbor board to be board there shall be one member of the harbor board who shall appointed by Governor in be appointed and may be removed by the Governor in Council Council. and subject to this Act shall be entitled to hold office for five No. 3695 s. 15. years. (2) Any member so appointed shall if qualified be eligible for re-appointment.

Chairman. (3) The harbor board shall at its first meeting and as soon as conveniently may be after any vacancy in the office of chairman occurs elect one of the members of the harbor board to be chairman, and if at any election of chairman under this section there is an equality of votes it shall be decided by lot which of the members having an equal number of votes shall be chairman. (4) The chairman of a harbor board may by notice under his hand delivered to the harbor board at a meeting thereof or to the secretary resign his office as chairman. (5) The chairman of a harbor board shall vacate his office of chairman— (a) on the day previous to the first meeting of the harbor board after the annual election of elected members; or 1958. Harbor Boards. No. 6268 813 (b) on ceasing to be a member of the harbor board (except when he is one of the elected members retiring by rotation at the annual election and is re-elected); or (c) on resigning his office of chairman— whichever first happens. (6) The chairman of every harbor board shall take the chair at all meetings of the harbor board and if at any meeting of the harbor board the chairman is not present at the time appointed for the holding of the meeting the members present shall choose one of their number to be chairman of that meeting; and if there is an equality of votes it shall be decided by lot which of the members having an equal number of votes shall be chairman of that meeting. (7) If in any harbor board there is no chairman or the chairman is incapable of acting or refuses to act all acts and things which under this Act are required to be done or had by or with regard to the chairman may and shall be done or had by or with regard to a person appointed by the Governor in Council in that behalf to be chairman.

16. The members of every harbor board and their successors incorporation, shall be a body corporate by the name assigned to it by the NO.3»5S. 16. Governor in Council and by that name shall have perpetual succession and a common seal, and shall be capable in law of suing and being sued .and shall have power to take purchase sell lease take on lease and hold lands tenements and hereditaments goods chattels and other property for any of the purposes of this Act subject to the restrictions therein contained.

17. (1) The members of every harbor board first elected or Fim meeting appointed or the major part of them shall hold their first meeting boJrf!** at such time and place as the Governor in Council appoints in No.3695s.n. that behalf and shall proceed to put this Act into execution so far as it relates to the port and the harbor board district thereof. (2) On the appointed day (whether the whole of the members have been elected or appointed or not) the board shall be and be deemed to be duly and legally constituted a body corporate in pursuance of this Act.

18. (1) The Governor in Council may by Order from time Quorum. to time specify the number of members who shall form a quorum NO. 3695 s. is. of the members of any harbor board. (2) All powers vested in any harbor board may be exercised by a quorum of the members present at any meeting of the board. 814 1958. Harbor Boards. No. 6268

Acts of (3) No act or proceeding of a harbor board or of any boards not invalidated by committee thereof shall (so long as there is a quorum) be vacancies. invalidated or be illegal in consequence only of there being any vacancy in the number of members at the time of the act or proceeding. (4) The chairman and every other member of a harbor board respectively shall be entitled to receive from the harbor board such remuneration for his services as the harbor board determines.

Seal &c. to be 19. (1) All courts judges and persons acting judicially— judicially noticed. (a) shall take judicial notice of the incorporation and also No. 369S a. 19. of the common seal of a harbor board affixed to any deed instrument or writing; and (b) shall presume that such seal was properly affixed thereto. Deed (2) Every such deed instrument or writing when sealed instrument or writing sealed (whether required to be sealed or not) shall be admissible in admissible in evidence. evidence for and against the board on the production thereof without any other or further proof of the making thereof or of the due incorporation of the board.

Insolvents not 20. (1) No person being an uncertificated bankrupt or to be or continue to be insolvent shall be capable of being a member of any harbor board. members. No. 3695 s. 20. (2) Any member of a harbor board who— (a) is declared bankrupt or insolvent; (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; (c) compounds by deed or instrument in writing with his creditors; or (d) stops payment in the common mercantile acceptation of the term— shall be disqualified from continuing a member, and his office shall thereupon be vacant. No person 21. (1) Any member of a harbor board who— holding office under or concerned in (a) accepts or continues to hold any office under the any contract with a harbor harbor board; board to be a member. (b) is concerned in any contract or participates in any No. 369S s. 21. manner in any work to be done under the authority of this Act; (c) derives or is entitled to any benefit either directly or indirectly from any such contract or work; or (d) is absent from four consecutive meetings of the board without leave obtained from the board in that behalf- shall cease to be a member, and his office thereupon shall become vacant 1958. Harbor Boards. No. 6268 815 (2) No person being a shareholder or member of any Exception, company consisting of more than twenty persons shall be disqualified from acting as a member by reason of any contract entered into between such company and the board; but no such shareholder or member shall act as a member of the board in any matter relating to any contract entered into between the board and the company. (3) The chairman or any other member of a harbor board shall not be disqualified from acting as such by reason of receiving in accordance with this Act any remuneration for his services as such.

22. (1) Every harbor board— offices. (a) shall provide and maintain a fit and convenient public office for holding the meetings of the board and transacting the business of the board and for the use of its officers, and for transacting all business connected with the board; and (b) for that purpose may purchase hire or build any messuage or tenement or land which is by the board considered necessary. (2) The secretary or some person authorized by the board in Daily attendance at that behalf shall attend at the office of the board daily (Sundays an office and days appointed to be kept as public or bank holidays alone excepted) for the purpose of receiving notices and transacting the ordinary business of the board. (3) Due notice of the place and office of the board and of the hours during which attendance is given there shall be published.

PART II.—OFFICERS ETC. Appointment &c. 23. (1) Every harbor board— Secretary and . . . . , other officers. (a) may appoint or employ and may remove a secretary No. 3695s. 23. and such engineers surveyors collectors clerks officers servants and persons to assist in the execution of this Act as the board thinks necessary or proper; and (b) shall pay such salaries wages and allowances to the persons so appointed or employed as the board thinks reasonable. (2) No person so appointed or employed shall engage in any employment other than in connexion with the duties of his office without the sanction in writing of the board. 816 1958. Harbor Boards. No. 6268

Security from (3) Before any person intrusted with the custody and control officers intrusted with of moneys of the board enters upon his office the board shall take money. sufficient security from him for the faithful execution of his office.

Power to 24. (1) Every harbor board may— appoint harbor­ master and (a) appoint such fit and proper persons to be pilots assistant harbor­ harbor-master and assistant harbor-masters for the masters &c. port as it thinks necessary; and No. 3695 s. 24. (b) remove any such pilot harbor-master and assistant harbor-masters. (2) Such harbor-master for any port and each of the assistant harbor-masters— (a) shall be the port officer or harbor-master for the port within the meaning of the Marine Act 1958; and (b) shall have and may exercise any of the powers conferred upon such port officer or harbor-master by the said Act so far as such powers are not inconsistent with this Act.

Penalty for 25. If the secretary or any officer employed by any harbor officer improperly board— taking fees &c. (a) exacts takes or accepts on account of anything done No. 3695 s. 25. by virtue of his office or in relation to the functions of the board any fee or reward whatsoever other than the salary rewards or allowances allowed or sanctioned by the board; or (b) is in anywise concerned or interested in any bargain or contract made by or on behalf of the board otherwise than as a member only but not as a director or officer of any company— he shall be incapable of being afterwards employed by the board and be liable to a penalty of not more than Fifty pounds.

Powers and Duties &c. of Officers.

Powers of 26. (1) The harbor-master for any port may give directions harbor­ master. for regulating— No. 3695 s. 26. (a) the time and manner in which any vessel shall enter into go out of or lie in the port, and the position mooring or unmooring placing or removing any vessel within the port; and (b) the manner in which any vessel shall take in or discharge its cargo or any part thereof or shall take in or deliver ballast. 1958. Harbor Boards. No. 6268 817 (2) It shall not be lawful for the harbor-master— (a) to direct that any vessel shall lie or be within any part of the port where by any Act of Parliament it is directed that no vessel shall lie or be; (b) to unmoor or remove from any part of the port duly appointed as a boarding landing or quarantine station any vessel moored or placed there under the authority of the Minister; or (c) to moor or place any vessel within low-water mark of or alongside any quay custom-house station or other place appropriated to the service of the customs. Penalty on not (3) The master of every vessel within the port shall regulate complying such vessel according to the directions of the harbor-master with directions of the made in conformity with this Act; and every master of any vessel harbor­ who after notice in writing signed by the harbor-master of any master. such direction served upon him does not forthwith regulate such vessel according to such direction shall be liable to a penalty of not more than Five pounds.

27. (1) If the master of any vessel within the port does not Power of moor unmoor place or remove such vessel according to the masterto directions of the harbor-master in writing given to the master of veXI the vessel the harbor-master may— No. 3695 s. 27. (a) cause the vessel to be moored unmoored placed or removed according to the directions aforesaid; and (b) employ a sufficient number of persons for that purpose. (2) All expenses thereby incurred shall be paid by the master of the vessel and shall together with the costs of ascertaining and recovering the same be ascertained and recovered from such master in the same manner as any damages for the ascertaining and recovering of which no special provision is contained in this Act are by this Act directed to be ascertained and recovered.

(3) The master of any vessel within the port or any person Penalty for obstructing on board the same who hinders the harbor-master or any person harbor­ employed by him in mooring unmooring placing or removing master. the vessel in manner aforesaid shall for every such offence be liable to a penalty of not more than Five pounds.

28. (1) If Power of (a) the master of or any person on board any vessel master to moored or fastened within the port does not upon ropes, demand of the harbor-master unloose or slacken No. 3695 s. 28. the rope or chain by which the vessel is moored or fastened; or 618 1958. Harbor Boards. No. 6268 (b) there is no person on board of any vessel so moored or fastened— the harbor-master may unloose or slacken the rope or chain by which the vessel is so moored or fastened and cause if necessary a sufficient number of persons for the protection of the same to be put on board such vessel. (2) All expenses thereby incurred shall be paid by the master of such vessel.

Actions 29. No plaintiff shall recover in any action against any person against officers. for anything done under this Act if tender of sufficient amends has No. 3695 s. 29; been made before the action was brought or if a sufficient sum of No. 5914 s. 2. money has been paid into court after the commencement of the action by or on behalf of the defendant, and if the matter or thing complained of appears to have been done under the authority and in execution of this Act then the jury shall find or judgment shall be given for the defendant.

PART m.—PROPERTIES POWERS AND DUTIES OF HARBOR BOARDS. Properties of Harbor Boards.

Vesting of 30. (1) So much of the bed soil and shores of any waters of port and lands &c. In the port as is within the boundaries of any port as described in harbor board. the Order in Council whereby the harbor board therefor is No. 3695 3.30. constituted together with all such unalienated lands of the Crown as are described in such Order in Council as lands to be vested in the harbor board shall on from and after the appointed day and by virtue of this Act but on such terms and subject to such covenants conditions exceptions or reservations as are provided for in such Order in Council be vested in the harbor board upon trust for the purposes of this Act.

Vesting of (2) All works undertakings equipment plant machinery or work &c. property of the Crown set out in such Order in Council as to be vested in the harbor board shall on from and after the appointed day and by virtue of this Act but on such terms and subject to such covenants conditions exceptions or reservations as are provided for in such Order in Council be vested in the harbor board constituted by such Order in Council upon trust for the purposes of this Act.

Boundaries (3) The boundaries of the port and of any lands of the Crown how to be defined. vested in the harbor board by or under this section shall from time to time as required be defined by survey under the direction of the Surveyor-General and at the expense of the board; and plans of such surveys shall be certified by the Surveyor-General and sealed by the board. 1958. Harbor Boards. No. 6268 819

(4) Where in any Order in Council relating to any harbor Provision board made after the Order in Council providing for the "coSS1" constitution of the harbor board any matters to which this section SffiV0 relates are provided for, the provisions of this Act shall extend °rder- and apply with respect to any such matters as if for any reference in this section to the appointed day there were substituted a reference to the date of such last-mentioned Order in Council, which Order in Council and the provisions of this section shall be read and construed and take effect accordingly.

31. Whenever any question arises as to whether any lands Questions of works undertakings plant machinery or property or any duty or de^rmtaeVby authority or any liabilities are by the operation of this Act or }i|ec?uSor of any Order in Council under this Act transferred or assigned NO.3695S.3J. to any harbor board the Governor in Council may by Order finally and conclusively determine the same.

32. (1) Except in pursuance of any powers expressly No power to conferred by this Act a harbor board shall not sell any land vested JTiu'e'sV"1 expressly in the board. conferred. No. 3695 s. 32. (2) Where power is by any Act conferred on a harbor board to sell any land it may with the consent of the Governor in Council lease such land.

33. (1) For the purposes of this Act any harbor board may Power to harbor board either by agreement or compulsorily purchase any land or any to purchase by agreement or easement right or privilege in over or affecting any land or water. compulsorily land easements &c. (2) The Lands Compensation Act 1958 is hereby incorporated No. 3695 4. 33. Lands with this Act and subject to this Act and so far as is consistent Compensation Act with the tenor thereof shall be read and construed as one therewith Incorporated. and shall take effect with regard to the purposes for which any harbor board is authorized to purchase land; and for the purposes of this Act in the construction of the Lands Compensation Act 1958 unless inconsistent with the context or subject-matter:— (a) " The Board of Land and Works " and the " Board " shall mean the harbor board; (b) "The Special Act" shall mean this Act; and (c) The word "land" as used in connexion with the purchase of land as aforesaid includes, as well as any land, any easement right or privilege in over or affecting any land or water. 820 1958. Harbor Boards. No. 6268

Power to sell 34. (1) Where by purchase or reclamation under this Act or lease certain lands a harbor board becomes possessed of more land than is necessary not wanted. for the purposes of this Act it may sell or lease for such No. 3695 s. 34. considerations as it deems reasonable and convey or transfer to the purchasers or lessees thereof any part of such superfluous land or any estate or interest purchased or acquired by the board in such land or any part thereof in such manner as it deems most advantageous. (2) Such sales leases and conveyances from the board shall be valid and effectual to all intents and purposes; and the money produced by the sale or lease made by the board of such land as aforesaid shall be added to the General Fund.

Leasing ot 35. Any harbor board may subject to the approval of the lands vested in board. Governor in Council grant leases of any land vested in it by or NO. 3695 s. 35. for the purposes of this Act which is not required for the accommodation of the shipping of the port upon such rent and upon such conditions and for such terms not exceeding twenty-one years as it thinks fit.

Mooring 36. (1) All mooring chains anchors buoys beacons and chains &c. vested in appurtenances for lighting the same laid down within the port harbor board. and immediately before the appointed day belonging to the Board No. 3695 s. 36. of Land and Works shall by virtue of this Act be transferred to and vested in the harbor board.

Buoys and (2) The harbor board— beacons. (a) shall maintain the said chains anchors buoys beacons and appurtenances in good order and repair; (b) may remove the same to other more convenient situations; (c) may put or place such additional mooring chains as it thinks necessary or convenient; (d) may place and lay down within the port such buoys and beacons as are necessary and convenient for the navigation; and (e) may take up any buoys and beacons which it considers unnecessary or inconvenient.

Purchase of private 37. Any harbor board may— mooring chains. (a) agree with any person who is the owner of any private No. 3695 s. 37. mooring chains for the purchase of such mooring chains; and (b) pay to such person such purchase money or compensation as is agreed upon. 1958. Harbor Boards. No. 6268 821

38. (1) All lands vested in a harbor board or purchased by Lands vested tobe the board in pursuancpursuar e of this Act shall be exempt from any £e?from municipal municipal rate or tax rates. No. 3695 s. 3S. (2) Nothing herein shall preclude any municipality from making and levying rates in respect of any tenements erected on such lands occupied for private purposes and by persons other than the board.

Powers and Duties of Harbor Boards.

39. Subject tO this Act Management (a) the exclusive management and control of the port and veswdfithof port ande of all shipping light-ships buoys beacons moorings ^ar^;„ wharfs docks piers jetties ferries landing-stages slips No. 3695 s. 39. platforms or light-houses therein; and (b) the preservation and improvement of the port generally— shall be vested in the harbor board.

40. (1) The general scheme of any works and undertakings scheme of of any harbor board shall be subject to the approval of the approved. Governor in Council. No. 3695 s. 40. (2) The board shall not appoint or employ for the purposes of Engineers to carrying out any works or undertakings any engineer who has not *" approved- been approved by the Minister.

41. For the purpose of maintaining and improving the Power to navigatio• <• n ofo th,i e port. any harboti r boar-i di may— andredgd scoue cleansr thee port. (a) dredge cleanse and scour the port; No.3695s.4i. (b) alter vary deepen restrict cleanse scour dredge cut enlarge diminish contract shorten widen straighten and improve the bed and channel of any part thereof; (c) reduce or remove any banks or shoals within the port; (d) abate and remove or cause to be abated and removed all impediments obstructions and annoyances and all nuisances and abuses in the port or on the banks and shores thereof which may at any time be injurious thereto or obstruct or tend to obstruct the free navigation thereof; and (e) remove scour and take away any shoal mud bank or other accumulation which impedes the navigation of the port. 822 1958. Harbor Boards. No. 6268

Power to cut 42. Any harbor board may— No.3695s.4z (a) cut the banks of the port for the purpose of making enlarging or repairing any dock or canal or any drain sewer or water-course, or altering or laying down or repairing any suction or other pipe, or for any other purpose whatsoever; or (b) permit any person to cut the banks for any of the purposes aforesaid, under such restrictions and upon such terms and conditions as the board thinks fit.

Power to 43. Any harbor board may— construct J J SSltate. (a) construct and enclose any wharf dock pier jetty No. 3695 s. 43. landing-stage slip or platform or remove alter or repair the same; and (b) authorize the construction of any wharf dock pier jetty landing-stage slip or platform tramway or hoisting cranes shears or engines on such waterside frontages or on such land as the board may let or lease or licence. construction 44. (1) Any harbor board may— of sheds £c. \ / j j No. 3695 s. 44. (a) construct erect and maintain such depots and sheds for the reception of goods and construct erect and maintain such engines cranes hoisting and weighing machines and other apparatus for facilitating the loading and discharging or the masting or unmasting of vessels testing chains and anchors and provide such other conveniences upon or near the wharfs docks piers jetties landing-stages slips or platforms as the board thinks expedient for the trade of the port; and (b) make reasonable charges for the use of any such depots sheds engines cranes hoisting and weighing machines and other such apparatus and conveniences as aforesaid. Power to make (2) The board may make regulations in respect of any depots with'resSSct or sheds for the accommodation of officers or the reception of to sheds. goods and in respect of the goods in the depots and sheds. (3) No person shall place any goods in any of the sheds vested in the board except in pursuance of the regulations.

Exercise of 45. Every harbor board— powers by boaid- (c) shall in the exercise of the powers conferred upon it— No.3695s.45. x ... , ... . , ,r (l) do as little damage as may be; and 1958. Harbor Boards. No. 6268 823 (ii) take all reasonable and necessary precautions to prevent any damage being done to any bridge or pier or to any support thereof or to any bank or shore or to any building or erection upon or in the vicinity thereof; and (b) unless it is shown that all such reasonable and proper precautions have not been taken, shall not be liable for any such damage as aforesaid in the course or in consequence of dredging cleansing or scouring under the provisions of this Act.

46. Any harbor board may— Power to ' ' grant exclusive (a) appropriate particular wharfs docks piers jetties j^^of landing-stages or platforms or portions thereof wharfs &c respectively— NO.3695S.4«. (i) to the use of any vessels or any class of vessels either exclusively or in conjunction with any other vessels or class of vessels; (ii) to the use of any vessels engaged in particular trades; or (iii) in any other circumstances which render such appropriation expedient; and (b) at any time revoke amend or vary any such appropriation.

47. (1) Any harbor board may upon such terms and Power to «t , r 0 n3 conditions and upon payment of such rents or other sums of Ofl£rks ii> r money and subject to such restrictions and regulations as it ^Sies. thinks proper set apart and appropriate any particular portion NO.3695S.47. 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 for the reception of the vessels and goods belonging to or employed and conveyed by him. (2) All persons to whom such exclusive accommodation is afforded and their vessels crews and servants and other persons employed by them or under their control shall be subject to the regulations.

48. No person shall without the licence of the harbor board No erection add to or alter any wharf dock pier jetty landing-stage slip or ucence'oftne other work or erect build or make any embankment or any barbor board- erection building or work or drive any piles in or on the bed or No'3695s'48' shore of the port or any land vested in the board. 824 1958. Harbor Boards. No. 6268

Licences for 49. In cases— the formation of recesses or docks and (a) where the formation of embankments is not suitable wharfing. No. 369S s. 49. for the trade and convenient enjoyment of the premises adjoining the port which would be better accommodated by the formation of recesses or docks wharfs quays or beds for boats and barges; or (b) where in consequence of the deepening and regulating of the navigable channels of the port by the removal of shoals and otherwise a protection by means of stones or piles or wharfing will be required— a harbor board upon the payment of a fair and reasonable consideration and subject to such regulations and restrictions as it thinks proper may grant licences for the formation of such recesses or docks wharfs quays or beds; and the driving of such piles and other works as are 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 appear to it requisite for the above purposes without injurious interference with the navigation of the port or its future improvement.

Licences for 50. (1) Any harbor board may upon such terms and upon the erection of piers and the payment of a fair and reasonable consideration under and jetties. subject to such restrictions as it thinks fit— No. 3695 s. 50. (a) license the erection by the owners or occupiers of lands adjoining the port at any convenient places of piers or landing-places of such form and construction as the board considers most advantageous to the public and as causing the least obstruction to navigation; (6) license the driving of piles and the formation of wharfing ways and other conveniences to the adjoining premises; (c) 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 be altered at the expense of the owners thereof or of the persons licensed to erect drive or form the same; or (d) cause any such piers or landing-places piles wharfiing 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 same. 1958. Harbor Boards. No. 6268 825 (2) If any such pier or landing-place piles wharfing way or other convenience is or are not altered or removed within fourteen days after notice from the board to alter or remove the same— (a) has been given to the owner thereof or to the person , licensed to erect drive or form the same; or (b) has 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 abated or removed by the board in the same manner as any other nuisance may be abated or removed under the authority of this Act. 51. The consideration for any licence or permission granted consideration by a harbor board for- SUSSSTTsi. (a) making forming erecting or building or maintaining any embankment or any erection building or work or any dock or basin or any recess for boats or barges or any wharf or quay or bed or any wall or any jetty pier or landing-place; (b) laying down any mooring chains; or (c) driving any piles on any part of the bed or soil or shores of the port— (whether any licence or permission is granted for the first time or is by way of renewal or continuance of any licence or permission) shall be such reasonable consideration as the board thinks fit. 52. Any harbor board may grant to the owner or occupier of Power to any land fronting and immediately adjoining any portion of the to embank port a licence to make any wharf dock basin pier jetty landing-stage board. slip or platform or embankment wall or other work immediately NO. 3695 S. 52. in front of his land and into the body of the port upon payment of such fair and reasonable consideration and subject to such conditions and restrictions as the board thinks fit. 53. (1) No mooring chains shall be put down or placed in No mooring any place within the port without the permission of the harbor laid down board; and every such mooring chain which is put down or perSion of placed shall be so continued only during the pleasure of the board. *' ^d- (2) The board may at any time by giving one week's notice Removal a in writing require any mooring chains to be removed; and if default req is made in such removal beyond the time mentioned in the notice such mooring chain may be treated by the board as a nuisance and be removed accordingly.

54. (1) When any vessel is sunk or stranded within the port Power to the harbor board may forthwith seize and attach such vessel wrecks &c. and any goods therein until security is given to the satisfaction No. 3695 a. 54. of the board for the due removal of such vessel or goods. 1958. Harbor Boards. No. 6268 (2) If the owner master or agent does not provide such security or does not remove and take away such vessel or the wreck thereof or goods within such time as the board in writing requires, the board may raise destroy remove or take away such vessel wreck or goods if such vessel wreck or goods is or are in its judgment an obstruction to the safe and convenient navigation and use of the port. (3) If the owner master or agent of such vessel or other obstruction refuses or neglects to pay the charge of raising destroying removing or taking away such vessel wreck or goods for the space of three days after demand or if any such owner master or agent cannot be found the board may sell such vessel wreck or goods and out of the proceeds of such sale retain the expense incurred in raising destroying and removing such vessel wreck or goods and the charges of sale rendering the overplus to the person entitled to the same. (4) If from such proceeds sufficient to pay all the aforesaid charges is not recovered the amount of any deficiency shall be a lien or charge on any vessel money or goods belonging or payable to the owner of any such vessel wreck or goods so sunk or stranded as aforesaid which then or at any time within twelve months thereafter is in Victoria in the hands of any agent of or other person on behalf of any such owner subject and without prejudice to any prior lien or charge in favour of any other person. (5) The lien or charge hereby given to the board may be enforced by proceedings in the Supreme Court instituted by the board against such owner agent or other person and service of all process in any such suit shall be held good and binding on any such owner if such service has been duly effected on any such agent or other person. (6) The amount for which such owner shall be liable or for which such lien shall be claimed shall in no case exceed the amount of the value of the vessel and the freight then due upon the vessel, and such value shall be estimated at the rate of Ten pounds per ton of the vessel's tonnage. 55o (1) When any obstruction impedes the navigation and use of the port or any part thereof (of which obstruction the harbor board shall be the sole judge) the harbor board shall require the owner or occupier of the obstruction (by notice given or sent to him) to remove the obstruction within a time to be stated in the notice. (2) If such owner or occupier fails neglects or refuses to remove the obstruction stated in the notice the board shall remove the same, and the expense and cost of so doing shall be repaid by the owner of the same. 1958. Harbor Boards. No. 6268 827 (3) The board may detain the materials of such obstruction for the securing the expenses, and on non-payment of such expenses on demand may sell such materials, and out of the proceeds of the sale pay such expenses, rendering the overplus (if any) to the owner on demand. (4) If the proceeds of the sale of the materials are not sufficient to pay such expenses or if the board so determines without any sale the said owner or occupier may be sued by the board for such expenses and costs as aforesaid or for the balance thereof (as the case may be). 56. Every harbor board shall— Roadways &c (a) make and maintain within the port proper roads and kepHn order approaches to all wharfs docks piers jetties ^t&u^se. landing-stages slips or platforms depots and sheds erected on the lands vested in it by or under any Act; and (b) cause such wharfs docks piers jetties landing-stages slips or platforms depots and sheds and the roads and approaches thereto to be kept in good repair and well and sufficiently lighted watched and cleansed. 57. Every harbor board may appoint a sufficient number of Persons appointed to persons preserve order (a) to preserve order on or at such wharfs docks piers No'. 3695s. 57. jetties landing-places or platforms and the avenues and approaches thereto; (6) to prevent the intrusion thereon of improper persons who have no intention of embarking on board any vessel therefrom; (c) to remove any persons who unnecessarily linger or loiter thereon or in the vicinity thereof; and (d) to assist any vessel in making fast to such piers or landing-places. ri at w 58. (1) When in the opinion of a harbor board any wharf J0 1Je £ I|j££ dock pier jetty landing-stage slip or platform or any portion No. 36958.5a. thereof— (a) is out of repair or insecure so as to be dangerous to any person passing along the same or to any vessel either moored alongside of or passing by the same; or (b) is in any manner injurious or likely to be injurious to the port or to the free navigation thereof— the board may by notice in writing to the owner or occupier of such wharf dock pier jetty landing-stage slip or platform or, if such owner or occupier cannot be found, left upon or affixed 828 1958. Harbor Boards. No. 6268 thereto, require the owner or occupier thereof to repair such wharf dock pier jetty landing-stage slip or platform to the satisfaction of the surveyor of the board within a time limited in the notice. (2) If the owner or occupier of such wharf dock pier jetty landing-stage slip or platform fails neglects or refuses to repair the same to the satisfaction of the surveyor within the time limited in the notice, the board may put the same in repair and recover the expenses incurred thereby from the owner or occupier thereof or the owner or occupier of any house or land to which such wharf dock pier jetty landing-stage slip or platform belongs or with which the same is connected and used. (3) Such owner or occupier shall also be liable to a penalty of not more than Ten pounds for every day during which such wharf dock pier jetty landing-stage slip or platform continues out of repair after the expiration of the time limited in the notice for the repair thereof.

Broken piles 59. Any harbor board may— Ac. to be removed. (a) remove any broken dangerous or useless piles or No. 3695 s. 59. mooring chains and other nuisances; and (b) order the removal or shortening of any waterways causeways stairs or other projections injurious to the navigation of the port.

Licences for 60. Any harbor board may grant licences to persons for— supply and removal of ballast. &c. (a) the supply discharge and removal of ballast and the No. 3695 s. 60. supply collection and removal of shell seaweed and other material; or (b) for the supply of water to shipping— subject to such restrictions as the board determines.

Prevention of ballast &c. 61. (1) Any harbor board may by notice in writing prohibit being taken in any person from raising or taking any ballast shell seaweed and places where its removal other material in any place or places in or from which the raising might be injurious to or taking of these may in the opinion of the board be injurious the navigation. to the navigation of the port or to the due execution of the works No. 3695 s. 61. to be directed by it. (2) No person shall after receiving any such notice raise or take any ballast shell seaweed and other material in contravention of the notice.

No person to 62. (1) No person shall dredge for ballast shell seaweed and supply ballast &c. without other material in the bed of the port or raise take remove or supply a licence. any ballast within the port without the licence of the harbor No. 3695 s. 62. board. (2) Every person offending against this section shall be liable to a penalty of not than Twenty pounds 1958. Harbor Boards. No. 6268 829

63. (1) Every person who unloads puts or throws into any Penalty on throwing part of the port or on any shore or ground below high-water mark ballast out of vessels into the any rubbish earth ashes dirt mud soil or other matter or allows port. any offensive matter to flow into the port shall be liable to a No. 3695 s. 63. penalty of not more than Twenty pounds. Penalty for (2) Every person who discharges or causes to be discharged discharging oil any oil or oily water into the waters of the port shall for every into the waters of the port. such offence be liable to a penalty of not more than Five hundred pounds.

64. Subject to the express provisions of this Act any harbor JJ^jg^J board may demand and take as consideration for any licences or No. 369i s. «. permits granted by it such fees either in gross or by annual or other periodical payments as are prescribed by the regulations.

65. Any harbor board may— Life-saving 811 («) _purchas e provide and maintain all such apparatus aStam!?. matters and things as appear to it to be necessary N°-3695s.es to assist in rescuing persons in danger of drowning or in searching for drowned persons and restoring animation to persons apparently drowned; and (b) employ and reward assistants therein in such manner as seems expedient.

Contracts and Agreements. 66. (1) Any harbor board may enter by the corporate name contracts. &c. of the board into contracts with any persons for— No. 3695 s. 66. (a) the execution of any work authorized by or under this Act to be done by the board or which it thinks proper to do or to direct to be done under or by virtue of the powers conferred upon it by or under any Act; (6) furnishing materials or labour; (c) providing proper engines or other power; or (d) any other matters and things necessary for enabling it to carry the purposes of this Act into full and complete effect. (2) The board shall give such previous notice of such contracts as is required by the regulations. (3) Every such contract— (a) shall be in writing; (b) shall specify the several works to be done and the materials to be furnished and the prices to be paid for the same, and the times within which the said works are to be completed and the said materials to be furnished and the penalties to be suffered in case of non-performance thereof; and 830 1958. Harbor Boards. No. 6268 (c) may specify the person to whose satisfaction the same are to be completed or furnished, and the mode of determining any dispute which may arise concerning or in consequence of the contract.

Contracts how 67. (1) The powers of a harbor board to make contracts may entered into. No. 3695 s. 67. lawfully be exercised as follows:— (a) Any contract which if made between private persons would be by law required to be in writing and under seal, the board may make in writing in the corporate name of the board under its common seal and in the same manner may vary or discharge the same; and (b) Any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith, the board may make in writing in the corporate name of the board signed by the secretary and by any two of the members thereof and in the same manner may vary or discharge the same. (2) All contracts made according to the provisions herein contained shall be effectual in law and shall be binding upon the board and all other parties thereto their successors or executors or administrators (as the case may be); and on any default in the execution of any such contract either by the board or by any other party thereto such actions or suits may be brought either by or against the board in its corporate name as might be brought if the same contract had been made between private persons only.

Power to 68. Any harbor board may compound and agree with any compound for breach of person who has entered into any contract in pursuance or under contract. the authority of any Act or against whom any action or suit is No. 3695 s. 68. 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 board thinks proper.

Power to 69. Any harbor board may upon such terms and conditions harbor boards to enter into as it thinks fit enter into agreements with the Board of Land and agreements with public Works or any other harbor board or the Commissioners of any bodies. harbor trust or any public statutory body for or with respect to the No. 3695 s. 69. doing and the control and management by either or both of the contracting parties of any matter or thing which such contracting parties are or either of them is by law empowered to do control or manage and may carry out every such agreement according to the tenor thereof. 1958. Harbor Boards. No. 6268 831

70. (1) Any works being carried on in any port by or under Provision as to carrying on of the direction of the Commissioner of Public Works immediately works being carried out before the appointed day may by agreement between the said under direction of Commissioner and the harbor board be carried on on behalf of and Commissioner of Public at the cost of the harbor board by the persons employed on such Works immediately works. before (2) Notwithstanding anything in any Act any pilot employed appointed day. No. 3695 s. 70. in the port of any harbor board under this Act shall be entitled for Pilots to continue to a period of five years after the appointed day to act as pilot therein act for five years after and while so acting shall be and be deemed to be an officer of the appointed day. public service and subject to the Public Service Act 1958, but any salary remuneration or allowances paid to such pilot shall be refunded to the Consolidated Revenue by the harbor board. (3) Notwithstanding anything in any Act any other officer or Services of officers and person employed in the public service in the department of the employes in Department of Commissioner of Public Works acting in any office or capacity in Public Works to be available connexion with any port immediately before the appointed to harbor day may by arrangement between the said Commissioner boards. and any harbor board act in the like office or capacity on behalf of the harbor board but shall be and be deemed to be officers or persons employed in the public service and be subject to the Public Service Act 1958, but any salary remuneration or allowances paid to any such officer or person shall be refunded to the Consolidated Revenue by the harbor board. 71. Any harbor board and the council of any municipality the Power to municipal district whereof adjoins the port may for the purpose of municipalities providing convenient ways to and from any of the lands wharfs Spreads?" docks piers jetties landing-stages slips platforms depots or sheds of NO. 3695 s. 71. the board enter into and perform such contracts as they deem fit with respect to constructing repairing or maintaining any street road bridge or approach or any part thereof within the municipal district whether by apportioning the work to be done or by sharing the expenses thereof or otherwise. 72. (1) The Governor in Council upon the request of any Proclamation harbor board and of the council of any municipality may by notice ^MMTW. in the Government Gazette declare any land in the municipal district which is vested in the board to be a public highway. (2) The land shall thereupon become a public highway under the management and control of that council and shall be treated in all respects as if it were within the municipal district of that municipality and dedicated to the public. 73. Notwithstanding anything in any Act— Agreements (1) Any harbor board and any public body authorized by Or water?o y under any Act to supply water may enter into and carry into effect ^^'^Tn any agreement for the supply to the harbor board of water for its own use in the management and control of the port or for the supply thereof by the harbor board to shipping; 832 1958. Harbor Boards. No. 6268

Rates to be (2) Any such agreement may provide for all such other matters charged for water. and things as are necessary or convenient for the purposes thereof including any costs and expenses arising thereunder and the charges to be made for the supply of water to toe harbor board thereunder; (3) There shall not be charged to the harbor board for the supply of water under any agreement under this section a higher rate than that expressly provided for by or under any Act authorizing such public body to supply water, or (in the absence of such provision) a higher rate than is for the time being charged per one thousand gallons by such public body to ordinary users of water: Provided that— (a) a special rate may be charged for water supplied to any harbor board for the use of shipping other than shipping owned by the harbor board; and such special rate may be determined by agreement between such body and the harbor board; and (b) there shall not be charged to the harbor board for the supply of water for or in connexion with the cleansing of sewers and drains or the making cleansing and watering of streets and roads or the use of public drinking taps fountains or horse troughs within the port a higher rate than is for the time being charged by such public body to municipalities for the supply of water for the like purposes;

Determination (4) In default of any agreement under this section between by Governor in Council any harbor board and any such public body the Governor in in default of agreement. Council may by order determine as between the harbor board and such public body all or any matters or things which might have been made the subject of such an agreement as aforesaid; (5) Any difference arising between any harbor board and any such public body under any agreement under this section (including any difference arising as to the construction of the agreement) shall be determined by the Governor in Council; and (6) Any determination of the Governor in Council under this section shall be final and binding on the harbor board and any such public body.

PART IV.—FINANCIAL. Port Rates, Tolls and Charges. Power to 74. (1) Any harbor board shall in respect of all goods collect tolls and rates and merchandise and things except— charges. No. 3695 s. 74. (a) goods belonging to Her Majesty's Government; (b) passengers' luggage; and 1958. Harbor Boards. No. 6268 833 (c) guano bones bone-dust and live stock— landed or unshipped from any vessel within the port demand collect and receive such tolls and rates as are prescribed by regulations of the board. (2) Goods transhipped within the port not later than forty-eight hours after the vessel has finally discharged shall be exempt from such tolls and rates. (3) Any harbor board may demand collect and receive'in respect and for the use of any of the property of the board such tolls rates and charges as are prescribed by regulations of the board. (4) Any tolls rates and charges in force immediately before charges for the appointed day shall until altered by regulations of the board property, be deemed to be tolls rates and charges as if prescribed by regulations of the board.

75. (1) Regulations may pursuant to this Act be made by Powerto alter any harbor board at any time to alter raise and lower all or any Na3«9S».75. tolls rates and charges which the board is authorized to demand collect and receive. (2) Any tolls rates and charges so altered raised or lowered shall not exceed the amount of Five shillings per ton calculated by weight or measurement at the option of the board.

76. (1) All tolls rates and charges hereinbefore in this Part collection, authorized shall be collected as prescribed by regulations. No-3695 «•76- (2) Any power conferred by this Act to demand collect and receive any such tolls rates and charges shall authorize the collection of tolls rates and charges in respect of— (a) goods wherever landed or unshipped within the port; and (b) vessels wherever moored within the port— irrespective of whether such landing unshipping or mooring occurs on the property of the harbor board or not. 77. (1) Where any ship has been registered at a port in the Tonnage of United Kingdom or in any British possession the amount of No?3695 a. TJ. tonnage contained in the certificate of such registry shall for the purposes of this Act be considered to be the tonnage of such ship. (2) Where any ship belonging to any nation which has adopted the rules of admeasurement of the Merchant Shipping Act 1894 passed by the Imperial Parliament of the United Kingdom of Great Britain and Ireland or any Act amending the same arrives at the port the amount of tonnage contained in the certificate of such ship shall be considered to be the tonnage of such ship. VOL. m.—27 834 1958. Harbor Boards. No. 6268

Tonnage 78o In order to ascertain the tonnage of any ship as to which how to be calculated. any question arises any officer or person appointed by the harbor No. 3695 s. 78. board— (a) may measure the ship; and (b) in measuring the ship shall follow the regulations contained in the Merchant Shipping Act 1894 passed by the Imperial Parliament of the United Kingdom of Great Britain and Ireland or any Act amending the same.

Officers to refuse to give 79° No State officer shall give any vessel her clearing papers clearance until or discharge unless and until he receives from the master or agent rates paid. of the vessel a certificate from the officer appointed by the harbor No. 3695 s. 79. board for the purpose that all tolls rates and charges aforesaid legally demandable under this Act have been duly paid.

Power to sell 80. (1) Any harbor board may when default is made in the goods &c. for payment of payment of any tolls rates or charges aforesaid in respect of any rates. - NO. 3695 s. 80. goods first paying the customs duties and dues (if any) retain and sell the same goods or any part thereof. (2) After reimbursing itself the amount of such duties and dues the board shall retain and pay in the first place the tolls rates and charges so unpaid as aforesaid including the expenses of such sale and in the next place the freight due on such goods (in case the board has received written notice that such freight has not been paid) rendering the surplus (if any) and also such of the said goods as remain unsold (the rates due in respect thereof having been discharged as aforesaid) to the person entitled thereto on demand. (3) In lieu of selling such goods or notwithstanding such sale if the proceeds of such sale are insufficient the board may recover the amount of such tolls rates charges and expenses (as the case may be) due to it by action in the Supreme Court.

Harbor District Rates. Harbor 81c Every harbor board may for every year make and levy district rate. in respect of every rateable property within its rateable area a No. 3695 s. 81. rate to be called the " Harbor District Rate " not exceeding in any year Threepence in the pound of the net annual value of such property: Provided that— (a) subject to the limitation aforesaid the amount in the pound of any such rate may if the harbor board thinks fit vary in proportion to the advantages or benefits appearing to the harbor board to accrue by reason of the facilities afforded by the port to the rateable properties in respect of which the rate is made and levied; and 1958. Harbor Boards. No. 6268 835;

(b) for the purpose of making and levying any rate so varied the harbor board may divide the lands within its rateable area into so many portions as the harbor board thinks fit and in making such • . division shall have regard to the advantages or benefits to be derived from the facilities afforded .' by the port to the rateable properties within the several portions, so that such lands as in the opinion of the harbor board will be equally benefited shall be placed in the same division. , .

82. For the purposes of any harbor district rates under this Meaning of" Act "rateable property" means land situate within the rateable p/oplrty'." area of the harbor board which is rateable property within the No. 3695 s. 82. meaning of Division one of Part X. of the Local Government Act 1958, and the person liable to be rated to any such harbor district rate in respect of any rateable property shall be the person liable ] to be rated in respect thereof to any general rate made under the - r Local Government Act 1958. • /;- •-.'.< 83."'(1) Every harbor board may once in every year cause Annual an estimate to be prepared of the money required for one year NO."©^ s. 83, for the several purposes in respect of which it is authorized under this Act to apply its " General Fund " showing— (a) the sums available for such purposes; (b) the several sums required; and (c) the total net annual value of all rateable properties within the rateable area. (2) In such estimate there may be included any sum required to defray within the year the whole or any part of any debt previously incurred by the harbor board for the purposes of this Act whether on contract or by way of overdraft or on account of any loan by the Governor in Council or otherwise; and which sum the harbor board deems it necessary or expedient so to defray within the year.

(3) Before the harbor board proceeds to make and levy Notice of rate, any harbor district rate under this Act for any year it shall cause notice of its intention to make the rate and of the time and the period for which the same is intended to be made and of a place where the said estimate can be inspected to be posted up in public and to be advertised in some newspaper generally circulating in the rateable area in the week immediately previous to the rate being made. (4) The said estimate shall be open to inspection. inspection of estimate. (5) For the purpose of making any harbor district rate the Municipal harbor board shall adopt as the net annual value of the several rateable properties the net annual, value thereof as appearing in 836 1958. Harbor Boards. No. 6268

the valuation then in force in the municipalities within the municipal districts of which the said rateable properties are respectively situate.

(6) If any property liable to be rated to any such rate is not valued or assessed by a municipality then the value of such property may on the application of the harbor board be fixed by a stipendiary magistrate.

Evidence of 84. In any proceeding to levy or recover any harbor district NO! 3695 s. 84. rate a certificate under the common seal of the harbor board shall be prima facie evidence of the rate and all matters relating thereto without any evidence that the requirements of this Act have been complied with.

Power for officer to 85. (1) The secretary or other officer of a harbor board inspect rate may inspect any rate made or to be made by the council of any books. No. 3695 s. 85; municipality of which the municipal district or part thereof is No. 3815 s. 2. No. 3822 s. 5. included in 'the rateable area and any valuation or assessment on which the same is made and may take copies or extracts from such rate valuation or assessment. (2) Every person having the custody of any such rate valuation or assessment who wilfully neglects or refuses to permit such secretary or other officer to inspect the same or to take copies of or extracts from the same at all reasonable times shall for every such offence be liable to a penalty of not more than Ten pounds. (3) Notwithstanding anything to the contrary in this Act any harbor board on or before the first day of October in any year may in writing under its common seal request the council of any municipality the municipal district of which is in whole or in part within the harbor board district to demand collect and recover on behalf of the harbor board any harbor district rates made after the date of the request by the harbor board in respect of any rateable properties situate within such municipal district or part thereof and on such request being made and until the revocation of such request is notified to the council by writing under the common seal of the harbor board—

Council to (a) the council shall demand collect and make all proper collect &c. rates. efforts to recover such rates including any interest thereon accordingly and for that purpose shall have and may exercise all rights and powers which the harbor board would have had and might have exercised and a demand for the payment of any such rates by any person may be made at the same time as a demand for the payment of any other rate payable by such person to the municipality: 1958. Harbor Boards. No. 6268 837 (b) any moneys received by the council under paragraph Moneys (a) of this sub-section shall not form part of imw'tobe the municipal fund but shall be paid into and dealtwith- out of a separate account to be kept for the purpose and shall forthwith after the receipt thereof and without any deduction therefrom be paid by the council to the harbor board; (c) the council shall cause to be kept true and regular Accounts to accounts of all moneys so received on behalf of roukncpii.by and paid to the harbor board; and such accounts shall be audited by the auditor for the municipality appointed under the Local Government Act 1958 and be subject to audit and inspection by the inspectors of municipal accounts under that Act; (d) the harbor board shall make to the council in respect Payment to councils of the collection and recovery by it of harbor district rates such payment as is agreed upon between the harbor board and the council or as in default of agreement is determined by the Minister; and (e) for the purposes of the demand collection and recovery References to by the council of harbor district rates pursuant to and officers, this sub-section any provisions of this Act relating to the demand collection or recovery of such rates by the harbor board or its proper officer shall be read and construed and take effect as if for any reference therein to the harbor board or such officer there were substituted a reference to the council or the proper officer of the council: Provided that if the council of any municipality by notice saving, under the seal of the municipality notifies to the harbor board that it will until the revocation of the request pay out of the municipal fund to the harbor board in each year an amount equal to the total amount of harbor board rates made as aforesaid for that year the provisions of paragraphs (a) (b) (c) (d) and (e) of this sub-section shall not apply with respect to that council and that council shall pay such amount out of the municipal fund and may if necessary increase the amount in the pound of any general rates accordingly notwithstanding any statutory limit thereof: Provided further that nothing in this sub-section shall— (a) prejudice or affect any right or power of the harbor board (after the revocation of such request) to demand collect or recover any harbor district rates made by it together with any interest thereon not theretofore collected or recovered by any council under this sub-section; or 838 1958. Harbor Boards. No. 6268 (6) empower any council to enforce any charge on land in respect of any unpaid harbor district rates and interest thereon or prejudice or affect any power or right of the harbor board to enforce any such charge.

Rates. 86. (1) Every harbor district rate made under this Act— No. 3695 s. 86. Recoverable (a) shall be paid by and recoverable from the owner of from owner or occupier. the property for the time being or the occupier of the property for the time being; Charge on property. (b) shall with interest thereon and until paid be and remain a charge upon the property; Interest. (c) unless paid within six months after it becomes payable shall bear interest at the rate of Six pounds per centum per annum; Com­ (d) shall commence on a day to be fixed by the harbor mencement. board; and Instalments. (e) shall be payable in whole or by such instalments (if any) as the harbor board requires.

Limitations qn (2) No harbor district rate made under this Act shall be recovery. recoverable after the expiration of six years from the making of such rate; but nothing herein contained shall affect the said charge.

Provisions as (3) If any such rates are paid by or recovered from the to payment of rates by occupier for the time being of any property as aforesaid such occupier. occupier may— (a) deduct all sums of money so paid by him out of the rent (unless otherwise provided by any lease or agreement) from time to time becoming due in respect of the said property as if the same had been actually paid to the owner as part of such rent; or (b) may at his option sue the owner therefor in any court of competent jurisdiction or may recover the same in a court of petty sessions as a civil debt recoverable summarily.

How rates to 87. If any person fails to pay any harbor district rate due be recovered. No. 3695 s. 87. from him for the space of fourteen days after demand thereof in writing served on him by the harbor board or its proper officer the harbor board or its proper officer may recover the same from such owner or occupier so making default in any court of petty sessions as a civil debt recoverable summarily or in any court of competent jurisdiction. 1958. Harbor Boards. No. 6268 83$

88. (1) For the purpose of enforcing any charge as aforesaid sale of lands n f rce for harbor district rates and interest thereon proceedings may char g °. be had and taken in the Supreme Court or in the County Court NO.3695S.8S. and the court may order the sale of the whole or any part of the lands subject to the charge. (2) For such purpose the County Court shall have jurisdiction and shall exercise all the powers and authorities of the Supreme Court in all proceedings under the Trustee Act 1958 notwithstanding that the trust estate or fund to which the proceedings relate exceeds in amount or value the sum of Five hundred pounds. (3) Where for such purposes any decree or order of the county court is made relating to land under the Transfer of Land Act 1958 such decree or order shall for the purposes of such Act have the same force and effect and shall be received dealt with and given effect to in all respects thereunder as if it were a decree or order of the Supreme Court and the said Act and any Schedule thereto shall be deemed to be amended accordingly.

89. Upon any proceedings for the recovery of any harbor invalidity &c. district rate the invalidity or badness of the rate as a whole prervaentnotto or in respect of any part thereof shall not avail to prevent such !!C0Vg^' recovery. °'3 s' *

General Fund. 90. All moneys received by any harbor board (including General Fund, loan moneys) shall be paid into and form a fund to be called NO.3695S.9O. the " General Fund," and shall be applicable to and be applied by the Board in carrying this Act into execution.

91. Every harbor board shall cause books to be provided and Accounts to be kept and true and regular accounts to be entered therein of— receipts and ,s11 - . . , . , r disbursements. (a) all sums of money received and paid for or on account No. 3695 g. 91t of this Act; and (b) of the several purposes for which sums of money have been received and paid. 92. (1) The accounts of all moneys received and disbursed Accounts to be by any harbor board shall be audited once at least in every M^Mi.«. year by the Auditor-General, who shall have in respect to such accounts all the powers conferred on him' by any law for the time being in force relating to the audit of the public accounts. (2) The board shall once at least in every year furnish to the Minister a true copy of the accounts so audited together with a particular statement of the moneys received by the board and of the expenditure thereof. 840 1958. Harbor Boards. No. 6268 (3) Copies of such accounts and of such statement shall be laid before both Houses of Parliament if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

Loans by the Governor in Council to Harbor Boards. Loans by 93. (1) Subject to this Act the Governor in Council out of Governor in Council. any moneys legally available for the purpose may upon such No. 3695 s. 93. terms and conditions as are agreed upon grant by Order a loan to any harbor board and may make advances from time to time on account of any loan so granted. Additional (2) Subject to this Act the Governor in Council if he thinks loans. fit may in like manner grant by Order any further loan to such harbor board and may from time to time make advances in respect thereof. Loans charged (3) All loans made by the Governor in Council to any on property and revenues harbor board and all advances thereunder shall together with of harbor board. interest be charged upon the property and revenues of the harbor board.

Applications 94. An application by a harbor board for any loan or further for loans. loan by the Governor in Council shall not be entertained or No. 3695 s. 94. dealt with until there has been prepared and laid before the Governor in Council the following, verified by the signature of a certificated engineer appointed by the Minister:— (a) A detailed statement showing— (i) the cost of all works the construction of which has been paid for out of any loan granted by the Governor in Council to the harbor board; (ii) the purposes served by such works; (iii) the cost of maintenance and management of such works; and (iv) the annual net revenue derived from such works; (b) A description of the works proposed to be executed by the harbor board and an estimate of the cost of their construction; (c) An estimate of the additional revenue to be derived therefrom; and (d) A report as to whether the proposed works are considered to be feasible and satisfactory. Depreciation 95. (1) When a harbor board has obtained a loan granted fund where machinery &c. by the Governor in Council the whole or any part of which has Is used. been or is to be applied to the purchase of machinery plant No. 3695 s. 95. or any kind of perishable structure the harbor board (irrespective 1958. Harbor Boards. No. 6268 841 of any sum to be paid on account of such loan) shall place annually such sum as the Minister directs not exceeding Seven pounds ten shillings per centum of the cost of the machinery plant or perishable structure to the credit of a depreciation account unless and until the Auditor-General certifies that the balance to the credit of such account would be sufficient to cover the total cost of the said machinery plant or perishable structure. (2) Such depreciation account shall be kept separately in some bank and shall not be used for any other purpose than the repairs to or renewal of the said machinery plant or perishable structure unless such machinery plant or perishable structure is partially or wholly superseded by other machinery plant or works or is no longer required. 96. (1) Every harbor board shall cause a separate account Loan Account, to be kept in a bank of all moneys the proceeds of any loan No-3695s-96- granted by the Governor in Council. (2) All moneys forming part of any such loan shall be paid into that account and shall be applied only to the purposes for which the same was borrowed. (3) Save as otherwise expressly provided there shall not be disbursed out of any such moneys any payment to the Treasurer of Victoria on account of a loan so granted. (4) Every member of a harbor board and every officer or Penalty, employe thereof who wilfully sanctions or concurs in any contravention of this section shall be liable to a penalty of Two hundred pounds recoverable in the Supreme Court by any person who (with the consent in writing of a law officer) sues for the same and any such penalty shall when recovered be paid into and form part of the General Fund. 97. (1) All accounts intended by any harbor board to be Approval of accounts charged to any loan granted by th- e Governo— r i- n Counci— .....l shall . be accounts. first examined by an engineer appointed by the Minister and No. 3695*. 97. certified by him to be properly chargeable to the loan before being submitted for the approved of the Minister who may allow the accounts or such of them or such items of any of them as he thinks fit. (2) No such account or items of an account unless so allowed shall be chargeable against any such loan. 98. (1) When an advance is made by the Governor in Application by Council on account of a loan granted by Order to a harbor half-yearly board the harbor board shall on the thirtieth day of June and j^°J'"ts- the thirty-first day of December in each year until the advance °" s- is repaid pay to the Treasurer of Victoria on the principal advanced a sum to be fixed by the Treasurer which shall be Q4? 1958. ' Harbor Boards. No. 6268

(as nearly as the Treasurer considers practicable) equal to the rate of interest payable by the Treasurer on loans raised by or for the Government of Victoria in respect of the loan or advance made to the harbor board together with an additional amount to be fixed by the Governor in Council not exceeding two per centum per annum; but the amount of the first payment may if the circumstances so require be a sum calculated pro rata from the date of the advance to the thirtieth day of June or the thirty-first day of December (as the case may be) next following the date of advance. (2) Every such half-yearly payment may be applied by the Treasurer for interest at (as nearly as the Treasurer considers practicable) the rate of interest aforesaid; and the difference between the amount of such half-yearly payment and the amount applied for interest shall be applied in reduction of principal (3) All moneys so applied in reduction of principal shall be paid into the State Loans Repayment Fund. Power (o make (4) If in any financial year the revenues of any harbor board grant in relief of harbor are not sufficient to meet the amounts payable under this section boards in certain cases. by that harbor board the Treasurer of Victoria subject to such conditions as he thinks fit may out of the Consolidated Revenue apply such sum as he thinks fit in relief of the harbor board; but the total amount which may be so applied to all harbor boards under this Act shall not in any one financial year exceed the sum of Forty-five thousand pounds; and the Consolidated Revenue is hereby to the necessary extent appropriated accordingly.

Power where 99. (1) In case default is made by a harbor board in making default is made by any two such half-yearly payments— harbor board. No. 3695 s. 99. (a) the Director of Finance shall give notice thereof to the Minister; and (b) thereupon without prejudice to any other remedies the Minister may at the expiration of three months from the date at which the last of such payments became due give one month's notice in writing of the default to the harbor board; and at the expiration of that month unless payment thereof is made in the meantime the Board of Land and Works may enter upon and take possession of and manage and maintain the port and all the property and revenues of the harbor board and without further or other warrant than this Act may do all things which might lawfully be done by the harbor board in all respects as though the said Board of Land and Works were the harbor board; and any reference in any Act applicable to the harbor board shall equally apply to the said Board of Land and Works during such time as it retains such possession. 1958. Harbor Boards. No. 6268 843

(2) The said Board of Land and Works— (a) may appoint some person on its behalf to enter upon Receiver and take possession of the port and the property appomted- and revenues of the harbor board; and the person so appointed shall subject to the said Board of Land and Works manage and maintain the same; and in reference thereto may exercise all the powers rights and duties of the said Board of Land and Works as provided in this Act; and (b) may at any time remove any person appointed as Power to aforesaid and appoint any other person in his recover, place. (3) The power conferred by this section to take possession Extent of of the port and the property of a harbor board in case of default betaken, shall not be deemed to include power to take any property other than the property held by the harbor board as such.

100. (1) Possession of any port and of any property and Possession of revenues taken by the said Board of Land and Works as aforesaid relinquished. may be relinquished at such time and in such manner and upon No^ws such terms and conditions as the said Board of Land and Works thinks fit. (2) The said Board of Land and Works may if it thinks fit on the relinquishment of possession reserve any of the said property and revenues and any powers rights and duties of the harbor board with a view to the payment of any moneys remaining or accruing due to the Treasurer of Victoria from or on account of the harbor board. (3) Upon such relinquishment all property revenues powers rights and duties which on the taking possession have become or are deemed to have become vested in the said Board of Land and Works shall so far as they are not reserved revert to and become vested in the harbor board in which the same would have been vested if possession had not been taken. (4) Every relinquishment of possession under this section Power to shall be without prejudice to the power of again taking possession JS^Sston r of any port or any property revenues powers rights and duties as ^ffn quish- aforesaid and without prejudice to any security for the repayment ment- of any loan or advance made by Order of the Governor in Council. Overdrafts. 101. (1) In addition to the moneys which a harbor board 13 Power to take by any Act authorized to borrow the board may accept and NT^M* take from any bank advances by way of overdraft of the current •.«». accounts kept by the board with any bank or banks but so that the principal moneys owing on overdraft do not at any time exceed the sum specified for the purpose in the Order in Council whereby the harbor board is constituted or in such Order in Council as amended by any subsequent Order in Council. S44 1958. Harbor Boards. No. 6268 consolidated (2) No claim of any person arising in respect of any overdraft Hawe!uenot obtained by a harbor board shall attach to or upon or be in any wise paid or satisfied out of or by the Consolidated Revenue of Victoria.

PART V.—REGULATIONS.

Existing 102. All rules and regulations legally made and continued 0 ha^e fores under the Marine Act 1958 and in force immediately before the untii-u l^ repealed . appointe------d day shall -in so far as they contain nothing inconsistent tim!*No. 369"5 with this Act remain in force within the port of any harbor board until repealed by regulations under this Act or until others are enacted in lieu thereof by the harbor board.

Regulations by 103. Any harbor board may with the approval of the Governor J 3 ard m N0 3695 ° Council make regulations for or with respect to— s,,n3- (a) the appointment of the place and hour of meetings of the board and the management and conduct of business thereat; (b) the control supervision and guidance of all officers of and the control of all property vested in or belonging to the board; and the time and mode of accounting by officers for all moneys coming to their hands; (c) the security and facility of the navigation of the port; (d) the mode of leasing and licensing under this Act; (e) the construction of wharfs docks piers jetties or embankments and of sheds thereon of canals landing-stages slips platforms tramways or hoisting cranes shears or engines; (/) the dredging cleansing and scouring of the port and improving the bed or channel thereof and abating and removing wrecks impediments obstructions and nuisances in the port and the navigation thereof; (g) the management and mode of making contracts and the conduct of the same; (h) the supply and removal of ballast and all matters relating to ballast water for shipping and the use of hoists on wharfs or jetties; (i) the improvement and management of the port; (/) the imposing levying and receiving of all tolls rates or charges; (k) the making levying and collecting of harbor district rates; (/) the regulation and government of boats; 1958. Harbor Boards. No. 6268 845 (m) the anchoring mooring riding and fastening of vessels and the stiffening removal and control of such vessels whether under 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; (n) the regulation and control of the use of lights and fire on board vessels within the port; (o) the manner of boiling or melting pitch tar resin turpentine or any inflammable substance; (p) the appointment of the place or places for the lading of merchant vessels with gunpowder guncotton or any substance used for blasting or exploding purposes or any inflammable substance and the unlading thereof the licensing of powder vessels and the transport of such gunpowder guncotton and inflammable or other substance; (q) the working of vehicles within the port and the conduct and behaviour of porters carters draymen coachmen ferrymen and others resorting to the rivers piers wharfs docks jetties landing-stages canals or other works within the port, and prohibiting persons from acting as porters carters draymen and cabmen within the port without previously obtaining a licence to that effect; (r) the licensing of ferries boatmen ferry boatmen and others, and the sufficiency of the boats employed and the licensing of boat-houses bathing-houses or bathing-boxes within the port; (s) the licensing of watermen and boatmen plying within the port, and the sufficiency of the boats used by them; (0 the communication between wharfs docks piers jetties landing-stages or platforms and vessels by means of gangways or otherwise; (a) any matters authorized or required by this Act to be prescribed by regulations of the harbor board; (v) generally, carrying out the objects and purposes of this Act; and (w) imposing for any breach of any regulation penalties of not more than Twenty pounds except in those cases where this Act imposes a special penalty in respect of any such offence.

104. (1) Any breach of the regulations for which no specific Breaches of penalty is therein provided shall be punishable by a penalty of pS^aweV not more than Twenty pounds. Sne- J r No. 3695 s. 104. i'846 1958. Harbor Boards. No.- 6268

Regulations not to (2) No regulation shall repeal vary or interfere with any interfere with rules or regulations for the time being in force with reference to regulations under Police boatmen under the Police Offences Act 1958. Offences Act. Approval and (3) All regulations aforesaid when approved by the Governor publication. in Council shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the approval thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

power of (4) Without prejudice to any other method of revocation any co'Suo" regulations aforesaid may be revoked by Order of the Governor in regulations. Council.

PART VI.—MISCELLANEOUS.

Determination 105. If any difference arises between any harbor board and of questions as to railway The Victorian Railways Commissioners in connexion with the facilities. railway facilities provided or to be provided for the improvement No. 3695 s. 105; of the port such difference shall be referred by the Governor in No. 5602 s. 2. Council to the Public Works Committee for consideration and report to the Governor in Council and such report shall be dealt with by the Governor in Council whose decision thereon shall be final and conclusive.

Saving rights 106. Nothing in this Act shall extend to prejudice diminish for sewerage &c. alter or take away any rights or powers of any sewerage authority No. 3695 under the Sewerage Districts Act 1958 or of any municipality s. 106. with reference to the construction and maintenance of sewers and any other works for the sewerage drainage or improvement of the district controlled by such authority or municipality.

Provision for 107. Whenever any day appointed for any purpose by this day falling on a Sunday or Act or any regulations thereunder (whether of the Governor in holiday. Council or of any harbor board) happens to be a Sunday or a No. 3695 s. 107. public or bank holiday then the next following day which is not a Sunday or a public or bank holiday shall be treated as the day appointed for the purpose.

Responsibility 108. Whenever any person other than the master on board of master for acts of persons of or employed in or about any vessel has failed to observe any on board. of the regulations or has incurred any penalty under this Act or No. 3695 s. 108. the regulations, the master shall be liable to the penalty prescribed as well as the immediate offender, and shall be subject to the same method of enforcing the same'as if he had .been the immediate offender. 1958. Harbor Boards, No. 6268 847,

109. (1) Any harbor board may recover damages in any owners &c court of competent jurisdiction from the owner master and agent accountable of any vessel for any injury caused by such vessel or by any doneatoa8e boatman of other persons belonging to or employed in or about Inb^lSLd such vessel to the property or effects of the board or the banks or by vessels- . . wharfs or other works erected maintained or repaired under the f°\df5 provisipns of this Act. lie from (2) The owner master or agent of any vessel shall not be p°b^ t - relieved of any liability to the harbor board by reason of the fact reason of that such vessel was under compulsory pilotage at the time any puXge30^ injury was caused as aforesaid. (3) Nothing in this section shall prejudice any other rights saving, which the harbor board may have or limit any liabilities to which the vessel or the master owner or agent thereof may be subject in respect of any injury caused by such vessel. 110. Where any sum has been paid to any harbor board by Liability of or recovered from the owner master or agent of any vessel as persons to damages for any injury under this section such owner master or of vessel agent (as the case may be) may if the injury was due to the damage, negligence of some person other than such owner master or agent NO. 3695 recover from such person such sum (together with the cost of levying and recovering the same) in any court of competent jurisdiction: Provided that nothing in this section shall deprive any licensed • pilot of the benefit of any statutory limitation of his liability. 111. If through any act neglect or default on account whereof ^l^8868^0^ any pe/son has incurred.any penalty imposed by or under this Act addition to any damage to the property of a harbor board has been committed ^3695 by such person he shall be liable to make good such damage as «•»«• well as to pay such penalty, and the amount of such damages in case of dispute shall be determined by the court by which the party incurring such penalty has been convicted.

. 112. Every harbor board shall— Publication (a) publish the short particulars of the several offences for NO^WS^" which any penalty is imposed by this Act or by s112- any regulation affecting persons other than the officers or servants of the board and of the amount of every such penalty; and (b) cause such particulars to be painted on a board and cause such board to be hung up or affixed in some conspicuous place in the office of the board.

.113. Every person who— Penalty for (

Burden of 114. If in any legal proceeding under this Act any question proof that a vessel is arises whether any vessel is or is not within the provisions of this exempted. No. 369S Act or of some particular part thereof such vessel shall be taken s. 114. to be within such provisions unless proof to the contrary is adduced.

Provision for 115. In all cases where any damages costs charges or expenses damages &c. not otherwise are by this Act directed to be paid and the method of ascertaining provided for. No. 3695 the amount or enforcing the payment thereof is not provided for s. 115. such amount in case of a dispute shall be ascertained and determined by a court of petty sessions and the order of such court may be enforced under the provisions of the Justices Act 1958.

Jurisdiction to 116. For the purpose of giving jurisdiction under this Act be where act done or where every offence shall be deemed to have been committed and every offender is. No. 3695 cause of complaint to have arisen either in the place in which the s. 116. same actually was committed or arose or in any place in which the offender or person complained against may be.

Authentication 117. Every summons demand or notice or other document of notices. No. 3695 issued or given under this Act or the regulations— s. 117. (a) may be in writing or print, or partly in writing and partly in print; and (b) shall be sufficiently authenticated if signed by the secretary or by any member of the harbor board, and need not be sealed with the common seal of the board.

Transient 118. Any officer or agent of a harbor board and all persons offenders. No. 3695 called by him to his assistance may without any warrant or other s. 118. authority than this Act— (a) seize and detain any person who has committed any offence against the provisions of this Act or any regulation and whose name and residence are unknown to such officer or agent; and (b) convey such person with all convenient despatch before some justice to be dealt with according to law.

Application of 119. All penalties recovered for offences against this Act or penalties. the regulations shall be paid into the General Fund of the No. 3695 s. 119. appropriate harbor board and shall be applied for the purposes of this Act. 1958. Harbor Boards. No. 6268 849

SCHEDULES.

FIRST SCHEDULE. Section 2.

Number of Act. Title of Act. Extent of Repeal.

3695 .. Harbor Boards Act 1928 So much as is not already repealed. 3815 .. Harbor Boards Act 1929 The whole. 3822 .. Sessional Acts Revision Act 1929 Item in Schedule referring to Har­ bor Boards Act 1929. 5602 .. Statute Law Revision Act 1951 Item in Schedule referring to Har­ bor Boards Act 1928. 5914 .. Limitation of Actions Act 1955 Clause 18 of Schedule.

SECOND SCHEDULE. Sections 6, 8. 10.

PART I.

Gippsland Lakes Harbor Board.

A. The Harbor Board District of Gippsland Lakes including the following municipal districts or portions of municipal districts and comprising the following nine subdivisions:— 1. The municipal district of the shire of Avon. 2. The Central riding of the municipal district of the shire of Bairnsdale. 3. The East, West, and South ridings of the municipal district of the shire of Bairnsdale. 4. The municipal district of the shire of Maffra. 5. The municipal district of the shire of Omeo. 6. The municipal district of the shire of Orbost. 7. The municipal district of the shire of Rosedale. 8. The municipal district of the city of Sale. 9. The municipal district of the shire of Tambo. B. One member to be elected by the ratepayers of each subdivision to represent the subdivision on the Harbor Board. C. The rateable area shall comprise the whole of the Harbor Board District. 1958. Harbor Boards. No. 6268

SECOND SCHEDULE—continued.

PART II. Welshpool Harbor Board. A. The Harbor Board District of Welshpool including the following municipal districts and comprising the following six subdivisions:— 1. The municipal district of the shire of Alberton. 2. The municipal district of the shire of Mirboo. 3. The municipal district of the shire of Morwell. 4. The municipal district of the shire of South Gippsland. 5. The municipal district of the shire of Traralgon. 6. The municipal district of the shire of Woorayl. B. One member shall be elected by the ratepayers of each subdivision to represent the subdivision on the Harbor Board. C. The rateable area shall comprise the whole of the Harbor Board District.

PART III. Warrnambool Harbor Board. A. The Harbor Board District of Warrnambool including the following municipal districts or portions of municipal districts and comprising the following five subdivisions:— 1. The West riding of the municipal district of the shire of Heytesbury and the parishes of Pircarra, Koort-Koort-Nong, Kilnoorat, Marida Yallock, Glenormiston, and Terang and the parts of the parishes of Darlington and Garvoc included within the boundaries of the municipal district of the shire of Hampden. 2. The parts of the parishes of Yarpturk and Yangery within the boundaries of the municipal district of the borough of Koroit. 3. The parishes of Cobrakilluc, Ligar, Darlington West, Toorak, Hexham East, Hexham West, Yeth-Youang, Connewarren, Mortlake, Wooriwyrite, Kolora, Ellerslie, Ballangeich, Framlingham East and Keilambete, and the parts of the parishes of Chatsworth, Chatsworth West, Darlington, Garvoc and Jellalabad within the boundaries of the municipal district of the shire of Mortlake and the parishes of Pom Pom, Nareeb Nareeb and Boorpool, and the parts of the parishes of Chatsworth, Chatsworth West, and Caramut within the boundaries of the municipal district of the shire of Mt. Rouse. 4. The municipal district of the shire of Warrnambool. 5. The municipal district of the city of Warrnambool. B. One member to be elected by the ratepayers of each of the first four subdivisions and two members by the ratepayers of the fifth subdivision to represent the said subdivisions respectively on the Harbor Board. C. The rateable area shall comprise the whole of the Harbor Board District.

PART IV. Port Fairy Harbor Board. A. The Harbor Board District of Port Fairy including the following municipal districts or portions of municipal districts and comprising the following five subdivisions:— 1. The Moyne and Yambuk ridings of the municipal district of the shire of Belfast. 2. The Kirkstall riding of the municipal district of the shire of Belfast and the parts of the parishes of Koroit and Warrong within the boundaries of the municipal district of the borough of Koroit. 1958. Harbor Boards. No. 6268 851

SECOND SCHEDULE—continued. 3. The parishes of Napier, Warrabkook, and Yatchaw West, and the part of the parish of Macarthur within the boundaries of the municipal district of the shire of Dundas and the Penshurst riding of the shire of Mt. Rouse. 4. The parishes of Langulac, Minhamite, Kangertong, Clonleigh, Banangal, Broadwater, Kapong, and Willatook, and the parts of the parishes of St. Helens, Warrong, Woolsthorpe, and Tallangoork within the boundaries of the municipal district of the shire of Minhamite. 5. The municipal district of the borough of Port Fairy. B. One member to be elected by the ratepayers of each of the first four subdivisions and two members by the ratepayers of the fifth subdivision to represent the said subdivisions respectively on the Harbor Board. C. The rateable area shall comprise the whole of the Harbor Board District.