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 (1) The Acts mentioned in the First Schedule to this Act to Repeal, the extent thereby expressed to be repealed are hereby repealed |^duIe accordingly.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or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately 806 1958.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continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect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.