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Manner of payment.
Governor may resume reserves,
The Harbors Act.-1913.
(d) Any proposal so to construct or establish any such wharf or other work, or expectation that any such wharf or other work will be so constructed.
20. The compensation payable to any Corporation or Council for properties acquired under this Part shall be paid in the form of interminable securities of the Government of the State bearing interest at the rate of four per centum per annum, and such bonds shall not be transferable.
DIVISION V.-RESUMPTION OF RESERVES AND ROADS. 21. Notwithstanding anything contained in the roads, &c., adjoining 1884," "The District Councils Act, 1887," or "The Municipal Corporations Act, 1890," or any Act amending or substituted for either of those Acts, or in any other Act, the Governor may, without the consent of the Commissioner of Main Roads, or any District Council or Municipal Corporation or Council, or any other road or other authority, by proclamation published in the Government Gazette, resume any public reserves, streets, roads, or ways which— (a) Are wharf frontages or water frontages; or
(b) Are situated between properties acquired under this Part, or between parts of properties so acquired; or
(c) Adjoin any property or properties so acquired.
22. When any public reserve, street, road, or way, not being a street end abutting on the sea or any arm or inlet thereof, is resumed under this Part, no compensation shall be payable to any Municipal Corporation or Council or to any District Council or other authority, for or in respect of the resumption, closing, or obstructing of such public reserve, street, road, or way, but compensation shall be paid to the owners, lessees, and other persons having interests in any land abutting on such resumed, closed, or obstructed reserve, street, road, or way, for the injury sustained by such owner, lessee, or person by reason of such resumption, closing, or obstruction, and any claim for such compensation may be made and dealt with, and shall, failing agreement, be determined by arbitration under sections 17 and 18.
23. (1) When the Minister considers it advisable to acquire Preliminary notice of any property under this Part he may direct an inspection and valuaintention to acquire. tion thereof to be made, and he shall, not less than one week Cf. Closer Settlement prior to the date of the proposed inspection of the property, give a notice in writing to the owner in occupation thereof of his intention to inspect and value such property, and of the date when the valuators will commence to inspect the same.
Act, 1910, s. 7.
Land may be entered upon for valuation
Ibid., s. 8.
(2) After such notice has been given as to any property the valuators directed by the Minister to inspect and value the same
The Harbors Act.-1913.
may, with such assistants as they deem necessary, enter at any time or times upon such property and inspect the same and the improvements thereon, and may remain thereon for any reasonable. time to acquire all information necessary for the purpose of making their inspection and valuation.
in lieu of compensa
24. When any property is acquired under this Part, the Lease may be granted Minister and any person interested in the property may agree that, tion. in lieu of any compensation payable to such person, or in part N.S.W., 10, 1900, satisfaction thereof, such property, or any part thereof, or any other s. 5 (¿). property, shall be leased to such person for such term and upon such conditions as agreed upon, and the Governor is hereby authorised to grant such lease: Provided that, after the appointment of the first members of the Board, no such lease shall be granted without the consent in writing of the Board first obtained.
possession for a period
25. (1) The owner or lessee of any property acquired by Procla- Owner may retain mation under this Part, who is in actual occupation thereof at the of six months. time of the acquisition may, if he so desires, retain such occupation Cf. Vict., 1962, 1904, for any period not exceeding six months from the date of the pub- s. 39. lication in the Government Gazette of such Proclamation.
(2) In such case, the compensation, if fixed before occupation is given up, shall be liable to a reduction for any damage or depreciation in value of improvements which occurs by or during such occupation; and if the compensation is not fixed, such damage or depreciation shall be taken into account in fixing the same; and such owner or lessee shall pay or allow to the Minister a share of all rates and other outgoings in respect of the property proportionate to the period for which he retains occupation.
(3) The payment of the compensation shall not be made until such owner or lessee has given up occupation of the whole of the property.
(4) Notwithstanding that an owner or lessee retains occupation as aforesaid, the Minister and any person or persons authorised by him in writing so to do may, at all times, enter upon the property and make any surveys and inspections, and construct or prepare for the construction of any works, as if such property were unoccupied Crown lands: Provided that the Minister shall compensate or make allowance to such owner or lessee for any damage done in respect of his occupancy of the property by the exercise of the powers given by this subsection.
Cf. Darling Harbor 1900, s. 13.
Act (N.S.W.), 10,
26. When any property is acquired by Proclamation under this Interest on compensaPart, interest at the rate of Four Pounds per centum per annum, or at such other rate as agreed, computed from the time when the Minister enters into occupation thereof on behalf of the Crown to the time when the compensation is paid, shall be added to the amount of any compensation to be paid in respect thereof.
Acquired lands may
be leased when not required.
Ibid., s. 5 (d).
Saving of powers independent of this Act.
Property acquired to continue ratable, with limitations in certain cases.
No. 497 of 1890.
The Harbors Act.-1913.
27. The Governor may, on the recommendation of the Minister, grant leases or licences, for such terms and subject to such conditions as he thinks proper, over any property acquired under this Part which has not been vested in the Board and is not required, or not immediately required, for public purposes, and the rents shall be applied in such manner as directed by the Governor : Provided that after the appointment of the first members of the Board no such lease or licence shall be granted without the consent in writing of the Board first obtained.
28. Nothing in this Part shall be deemed to in any way limit or qualify any right or power of the Governor, or the Minister, or any other person, to acquire any lands or property independently of this Part.
29. (1) When any property situated in any Municipality or District Council District is acquired under this Part, notwithstanding any Act or other law to the contrary, such property shall, for the purposes of assessment for and liability to and recovery of rates, continue to be ratable property within the meaning of “The Municipal Corporations Act, 1890," or "The District Councils Act, 1887," or any Act amending or substituted for either of those Acts: Provided that-
1. As regards such properties situated within the Municipality of the City of Port Adelaide, the total amount payable for rates of all kinds declared in any one financial year of the Corporation thereof shall not exceed the sum of Four Thousand Pounds; and
II. As regards such properties situated within the Municipality of the Town of Port Pirie, the total amount payable for rates of all kinds declared in any one financial year of the Corporation thereof shall not exceed the sum of One Thousand Five Hundred Pounds.
(2) Notwithstanding the provisions of subsection (1) hereof, in case any such property as mentioned in that subsection which is situated within the Municipality of the City of Port Adelaide is, whilst the property of the Crown or whilst vested in the Board or any other authority having the control or management of harbors, let to any person otherwise than for the purposes of the Crown or of such Board or authority, the property so let shall during the tenancy be ratable to the same extent as if for the time being it were privately owned. In such case the amount of the rates declared on such property shall be set off against the sum of Four Thousand Pounds mentioned in subsection (1) of this section, and shall thus be a discharge, entirely or to the extent thereof, as the case may be, of the said sum.
(3) The provisions of subsection (2) hereof shall apply, mutatis mutandis, to properties situated within the Municipality of the Town of Port Pirie and to the sum of One Thousand Five Hundred Pounds mentioned in subsection (1) hereof.
30. (1) Rules
The Harbors Act.-1913.
PART I. DIVISION VI.
30. (1) Rules of Court may be made under the "Supreme Court Rules of Court. Act, 1878," regulating the practice and procedure as to
(a) Applications to Judges under section 9 and determinations and orders thereon;
(b) Appeals and applications to the Supreme Court and Judges under section 18 and orders and directions thereon; and
(c) Any proceedings in such matters or incidental thereto or consequent thereon.
Such rules may also prescribe such forms and such scales of fees, costs, and expenses as may be deemed necessary or convenient for the purposes of such matters or any of them.
(2) The provisions of Part V. of the " Supreme Court Act, 1878," shall, so far as the same are applicable, apply to rules made by virtue of the power hereby conferred.
No. 116 of 1878.
31. (1) Any notice to be given under this Part to the Minister How notices to be shall be deemed to be validly given when delivered to the Minister personally, or left with some officer of the Minister at the Minister's office.
(2) Any notice to be given or sent under this Part to an owner of any property shall be deemed to be validly given or sent
1. If such owner is not a body corporate, when delivered to such owner personally or left at his last usual place of abode in the State; or if such place of abode cannot after diligent inquiry be ascertained or such owner is absent from the State, when left with the occupier of such property, or, in case there is no occupier, when affixed upon some conspicuous part of such property :
11. If such owner is a body corporate, when left with some officer or member of such body at the registered or other office or place of business of such body in the State; or, if there is no office or place of business of such body in the State or no such office or place can after diligent inquiry be ascertained, when left with the occupier of such property, or, in case there is no occupier, when affixed upon some conspicuous part of such property.
32. The moneys required for the purposes of this Part shall be paid out of moneys supplied by the Treasurer out of moneys provided by Parliament: Provided that Municipal and District rates on properties acquired under this Part may be paid either out of moneys supplied by the Treasurer as aforesaid or out of the revenue of the Board.
Cf. Lands Clauses
Consolidation Act, 6 of 1847, ss. 19 and 20.
How money for the purposes of the Act
to be provided.
The Harbors Act.-1913.
Interpretation. W.A. Act, 17, 1902, s. 2, altered.
S.A. Act 237, 1881, 8. 3.
MANAGEMENT AND CONTROL OF HARBORS.
33. (1) In this Part, and in all proceedings taken and all regulations, rules, and documents made under this Part, unless inconsistent with the context or some other meaning is clearly intended—
"Board" means the South Australian Harbors Board constituted by this Act:
"Boat" includes every vessel, not being a ship as herein defined, which is used in navigation:
Buoys and beacons" includes, in addition to buoys and beacons, all other marks and signs placed for the purpose of navigation: "Carriage" includes any wagon, cart, truck, vehicle, balloon, airship, flying machine, or other means of conveying goods or passengers on or over land, in whatever manner the same may be propelled :
"Chairman" means Chairman of the Board:
means Deputy Chairman of the Board: means Harbors Commissioner appointed under this Act:
Financial year" means year ending with the thirtieth day of
"Goods" includes all wares and merchandise, and all chattels, livestock, and other things of whatsoever description:
(a) Any port, haven, roadstead, channel, creek, or navigable river, being part of the sea or any arm or inlet thereof, and
(b) Any inland river or water or part thereof or other place declared by Proclamation to be a harbor for the purposes of this Part,
but does not include
1. Any inland river or water or any part thereof, unless
so declared, nor
11. Any place declared by Proclamation not to be a harbor for the purposes of this Part:
"Harbormaster includes assistant harbormaster, and means the officer charged with the administration of this Part at any harbor in the State: