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The Harbors Act.-1913.
"Harbor works includes any breakwater, training wall, dock, dock-yard, wharf, bridge, viaduct, embankment, or dam, any dredging or reclamation of land from the sea or from any river within a harbor, and any excavation, deepening, dredging, or widening of any channel, basin, or other part of any harbor, and also includes any buildings, railways, or other works used or to be used in connection with any of the before-mentioned works:
"Justice" means a Justice of the Peace for the State:
"Lighthouse" includes any floating or other light exhibited for the guidance of ships:
"Master" includes every person (except a pilot) having the command, charge, or management of a vessel for the time being: "Minister" means the Minister of the Crown to whom the administration of this Part is for the time being committed by the Governor:
"Navigable river" includes any river, creek, or stream in which the tide ebbs and flows, and also any river, creek, or stream capable, whether in its natural state or otherwise, of navigation by such vessels as are ordinarily employed, whether on such river, creek, or stream, or elsewhere, for the purpose of conveying merchandise or other goods:
"Owner" includes any person who is owner jointly or in common with any other person, and also includes a corporate body; and when used in relation to goods, includes any consignor, consignee, shipper, or agent for the sale or custody, importing or exporting, loading or unloading of goods:
“Pilot” means any person not belonging to a ship who has the conduct thereof:
"Prescribed" means prescribed by this Part or by regulation.
"Proclamation" means Proclamation by the Governor published in the Government Gazette.
Qualified pilot" means any person duly licensed to conduct ships to which he does not belong :
"Regulation" means regulation made under this Part:
means the secretary to the Board appointed under this Act, and includes any officer for the time being authorised by the Board to act in that capacity:
" includes every description of vessel used in navigation and not propelled exclusively by oars:
PART II. DIVISION I.
Reference to an Act
to include amendments and regulations.
The Harbors Act.-1913.
Tackle," used in relation to a ship, includes all furniture and apparel thereof:
The State" means the State of South Australia, and includes the dependencies thereof:
"The Treasurer" means the Treasurer for the time being of the State:
"This Part" includes this Part of this Act and all licences, certificates, regulations and rules granted or made under this Part of this Act:
"Tidal water" means any part of the sea, or any arm or inlet thereof, or any river within the ebb and flow of the tide at ordinary spring tides:
"Vessel" includes any ship, lighter, barge, boat, raft, or craft, of whatever description and howsoever navigated:
"Wharf" includes any wharf, quay, jetty, pier, landing place or stage, platform, slip, basin, siding, dock, or other place at which goods can be landed, loaded, or unloaded; and the term also includes all buildings, railways, tramways, and other erections, works, and conveniences on the wharf, and the appurtenances of the wharf, and the approaches thereto :
"Within the limits of the jurisdiction of the Board" means within any harbor in the State, or within the distance of one nautical league to seaward from low water mark along any coastline of the State, or within any other territorial water of the State:
"Wreck" includes jetsam, flotsam, lagan, and derelict found in or upon the shores of the sea or of any navigable river, lake, or tidal water:
Provided that where in this section it is stated that any word or expression includes as in this section mentioned, such statement shall not be taken to limit the meaning of such word or expression or necessarily to be exhaustive of its meaning.
(2) When any Act or a provision of any Act is referred to in this Part, such reference shall be deemed to include any Act or provision of an Act amending or substituted for such Act or provision and any Act or provision amending such substituted Act or provision.
When any Act is referred to in this Part, such reference shall be deemed to include all regulations for the time being in force made thereunder.
34. (1) The Acts mentioned in the First Schedule to this Act are hereby repealed to the extent therein mentioned.
The Harbors Act.-1913.
(2) Except so far as may be necessary to give effect to the provisions of this Part, such repeal shall not affect
(a) The past operation of any enactment, nor anything done, Effect of repeal. suffered, or omitted under any enactment, nor the effect
of the doing, suffering, or omission of anything under
(b) The operation of any Proclamation, rule, regulation, or by-law
(c) The validity or effect of any order, appointment, licence, certificate, or document made or issued under any enactment; (d) Any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment;
(e) Any penalty, forfeiture, or punishment incurred or liable to be incurred in respect of any offence committed against any enactment; nor
(f) Any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment.
Any such investigation, legal proceeding, or remedy may be instituted, carried on, and prosecuted as if this Act had not been passed. (3) In case of conflict between this Act and any provision of "The Marine Board and Navigation Act, 1881," such provision shall be read as amended in such manner as to give effect to this Act.
35. (1) Notwithstanding anything contained in sections 106, 110 and 111 of "The District Councils Act, 1887," or in sections 92 and 93 of "The Municipal Corporations Act, 1890," after the commencement of this Part
(a) No water or other reserve, or jetty, pier, or wharf, situated within any harbor, or containing or upon or partly upon any part of the foreshore of the sea anywhere within the State,
(b) No breakwater situated in any harbor or in the sea, or on any foreshore of the sea anywhere within the State, and
(c) No part of the foreshore of the sea within any harbor, shall be placed or shall continue to be under the care, control, or management of the Council of any District or of the Corporation or Council of any Municipality, or shall be granted to or vested in, or shall continue to be vested in, any such Council or Corporation.
(2) From such commencement all such water and other reserves, jetties, piers, wharves, and breakwaters, and all foreshores within harbors shall, by virtue of this Act, be under the care, control, and management
Marine Board and amended so as to give effect to this Act.
PART II. DIVISION I.
Certain leases by District and Municipal Councils to continue for benefit of the Board.
By-laws of District and Municipal Councils in conflict with jurisdiction of the Board.
No. 202 of 1881.
Harbors Board constituted.
Incorporation and general capacity.
The Harbors Act.-1913.
management of the Board, and, if theretofore vested in any such Council or Corporation, shall upon such commencement, and by virtue of this Act, become vested in the Board.
36. All demises and leases of jetties, piers, breakwaters, and wharves, and of foreshores within harbors granted under section 106 of "The District Councils Act, 1887," and all leases granted under section 96 of "The Municipal Corporations Act, 1890," shall, subject to section 73, continue in force notwithstanding the commencement of this Part: Provided that all moneys accruing after such commencement as the rent reserved by any such demise or lease shall be payable to and may be recovered by the Board; and that the benefit of all covenants by and liabilities of the lessee arising after such commencement shall be vested in the Board.
37. No by-law or regulation heretofore or hereafter made by any District or Municipal Council shall have any validity so far as it conflicts or is inconsistent with the exercise or performance of any of the powers or duties vested in or imposed upon the Board by this Part.
38. "The Lands Clauses Consolidation Act" and all Acts amending that Act, except sections 110, 114, 115, 116, 117, and 118 of the said Act, are hereby incorporated with this Part, and shall take effect with regard to any works to be constructed, completed, extended, maintained, or repaired under this Part; and for such purposes the expressions "the promoters of the undertaking" and "the special Act" shall, whenever used in the said Ordinance and Acts, or any of them, mean the Board and this Part respectively :, Provided that, for the purposes of section 13 of the "Lands Clauses Consolidation Amendment Act, 1881," there shall be deemed to be no special Act.
DIVISION II.-THE HARBORS BOARD AND OFFICERS.
39. (1) A Board is hereby constituted for the purpose of carrying this Part into execution.
(2) Such Board shall be a body corporate by the name of "The South Australian Harbors Board," and by that name shall have perpetual succession and a common seal, and shall be able
(a) To acquire and hold lands (in fee simple or for any less estate or interest) and goods and chattels, and in any manner to dispose of and assure the same for any estate or interest therein;
(b) To sue and be sued and to submit to arbitration in all actions,
(c) To do and exercise all such further acts and powers as it is
The Harbors Act.-1913.
PART II. DIVISION II.
40. Judicial notice shall be taken of the incorporation and of Seal of Board to be judicially noticed. the common seal of the Board; and the production of any deed, instrument, or writing, if sealed with the said seal, shall be sufficient evidence of the making and execution of such deed, instrument, or writing.
41. (1) The Board shall consist of three members, to be called Membership of Board Harbors Commissioners, who shall be appointed from time to time tenure of office. by the Governor.
(2) Each Commissioner shall be appointed for a term of five years; and any Commissioner shall, from time to time, at the expiration of his term of office, be eligible for reappointment for a further term of five years.
(3) Whenever a vacancy occurs in the office of any Commissioner the Governor may appoint some person to fill the vacancy.
42. (1) The Governor may, at any time, dismiss any Commis- Dismissal from office. sioner from his office
(a) For misbehaviour or incompetence; or
(b) If he is adjudicated insolvent, or makes a statutory assignment for the benefit of his creditors, or compounds with his creditors for less than Twenty Shillings in the Pound; or (c) If he wilfully absents himself from his duty for a period of fourteen consecutive days, except on leave granted by the Minister; or
(d) If he becomes in any way, except as a Commissioner, concerned or interested in any contract made by or on behalf of the Board, or in any way participates or claims to be entitled to participate in the profits thereof, or in any benefit or emolument arising therefrom: Provided that this subdivision shall not apply in the case of a contract with an incorporated company of at least twenty members of whom a Commissioner is one, unless he votes on some question relating to such contract.
(2) Except as provided by subsection (1) of this section, no Commissioner shall be dismissed from his office during the term thereof unless an address praying for his dismissal is presented to the Governor from both Houses of Parliament in one Session, or from one House in one Session and from the other House in the next Session.
(3) If a Commissioner becomes a member of the Executive Council or of either House of the Parliament of the State or of the Commonwealth he shall thereupon cease to hold office as a
W.A. Act, 17, 1902, s. 9.
Cf. S.A., 414, 1887, ss. 11 and 12.
43. The Governor may appoint one of the Commissioners to be Chairman and Deputy the Chairman of the Board, and another to be the Deputy Chairman of the Board, and whenever a vacancy occurs in the office of Chairman or Deputy Chairman, may appoint one of the Commissioners to fill the vacancy. 44. Any