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PART 11. DIVISION 11.
Chairman to preside and have a casting vote.
Acts of Board not invalidated by vacancy.
Board to be respon
The Harbors Act.-1913.
44. Any two Commissioners shall constitute a quorum of the Board.
45. At all meetings of the Board the Chairman, or in his absence the Deputy Chairman, shall preside, and when only two Commissioners are present the Chairman or Deputy Chairman so presiding shall have a second or casting vote.
46. No act or proceeding of the Board shall be invalid or be prejudiced by reason only of the fact that, at the time when such act or proceeding is done, taken, or commenced, there is a vacancy in the office of any Commissioner.
47. In case of the illness or other incapacity, or absence from the State of any Commissioner, or of a vacancy in the office of a Commissioner, the Governor may appoint some person to be a deputy Commissioner during such illness, incapacity, or absence, or until such vacancy is filled. Every person so appointed shall, until his appointment is terminated by notice in the Government Gazette, have all the powers and perform all the duties of a Commissioner.
48. The Board shall be responsible to the Minister for the sible to the Minister. discharge of its duties and functions under this Part.
Yearly reports, &c.
W.A. 17, 1902, s. 17.
Appointment of officers and servants by the Governor. Ibid., s. 19.
49. (1) The Board shall make a yearly report to the Minister upon the administration of this Part and such other matters as the Minister directs, and shall at all times furnish such reports, estimates, accounts, vouchers, and documents relating to any matters under the control or management of the Board, or to the administration of this Part, as the Minister requires.
(2) The Minister on receipt of such yearly report may forthwith publish the same in the Government Gazette, or in such other manner as he deems proper, and such report shall be laid before both Houses of Parliament.
50. (1) The Minister, on the recommendation of the Board, may appoint a secretary to the Board, and such engineers, harbormasters, assistant harbormasters, harbor pilots, berthingmasters, and other officers and servants as he deems necessary for the administration of this Part, and, on the like recommendation, may dismiss any such officer or servant: Provided that, as regards offices and positions specified in that behalf by a Proclamation for the time being in force, no appointment or dismissal shall be made without the approval of the Governor, as well as the recommendation of the Board, being first obtained.
(2) The Governor may, from time to time, make and rescind or vary such Proclamations, and any such Proclamation shall come into force upon the publication thereof in the Government Gazette.
The Harbors Act.-1913.
or weekly wages by the Board. Ibid.
51. The Board may, subject to any direction of the Minister as Appointment at daily to rates of wages, appoint at daily or weekly wages such persons as they deem proper for the purposes of the exercise and discharge of the powers and duties of the Board, and may dismiss such persons.
52. All officers, servants, and other persons, whilst employed for the purposes of this Part, shall, subject to any direction of the Minister, be under the sole direction and control of the Board.
Persons employed for the purposes of
this Act to be under
the control of the Board.
53. Before any officer or other person appointed under this Part, Certain officers to who is to be entrusted with the custody of money or other property, give security. shall enter upon the duties of his office or employment, the Board Ibid., s. 20. shall take from him such security as the Board deems sufficient for the faithful execution thereof.
DIVISION III. --VESTING OF PROPERTY IN THE BOARD. 54. (1) The Governor may from time to time, on the recommenda- Property vested in tion of the Minister, grant or lease unto the Board in fee simple or for any term, any property acquired by the Crown under Part I. of Cf. ibid., s. 22. this Act, or any other property of any kind whatsoever which is N.S.W. Act 1, 1901, vested in the Crown or in any person or authority whomsoever on behalf of the Crown, or as a Minister or other officer or servant of the Crown; and any property so granted or leased shall thereupon vest in the Board in fee simple or for the term of the lease (according to the circumstances of the case) for the purposes of this Part.
(2) There shall also be vested in the Board for the purposes of this
(a) All the lands and properties of the Crown mentioned in the
Second Schedule to this Act, including the beds and shores
(b) All harbor lights, buoys, and beacons now or hereafter
(c) All wharves, docks, breakwaters, training walls, causeways, canals, wharf sheds, and other harbor works, now or hereafter constructed, which are situated within any harbor in the State, except such as are private property;
(d) All properties by or by the operation of any provision of this Part vested in the Board; and
(e) All such other property as the Board acquires for the purposes of this Part.
(3) The Governor may at any time, and from time to time, by notice published in the Government Gazette, more particularly define the boundaries of any of the lands and properties mentioned in the said Second Schedule; and thereafter the boundaries of such land
PART II. DIVISION III.
Lands vested in
municipal and other
Ibid., s. 23.
N.S.W. Act 1, 1901, 8. 39.
Powers of Board to
be exercised within
The Harbors Act.-1913.
or property, as vested in the Board, shall be as so defined, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, before the publication of the notice.
(4) The Governor may from time to time, by notice in writing delivered to the Board, withdraw any land or other property of any kind from the Board, and vest or revest the same in His Majesty the King, or in any other person or authority, or determine any lease thereof granted by the Governor to the Board; whereupon the provisions of subsection (2) of section 12 and the provisions of section 15, mutatis mutandis and in so far as the same can apply, shall apply in respect of the land or property so withdrawn or the lease of which is so determined: Provided that no land or other property shall be so withdrawn and no lease shall be so determined except after at least one month's notice in writing delivered to the Board stating the Governor's intention to withdraw or determine the same.
(5) Notice of the grant or lease by the Governor of any land or property to the Board, or of the withdrawal by the Governor of any land or property from the Board, or the determination by the Governor of any lease so granted to the Board, shall be published in the Government Gazette, but the grant, lease, withdrawal, or determination shall take effect independently of such publication.
55. Subject to the provisions of section 29, neither the property of the Board, nor the Board in respect thereof, shall be subject to general or special taxation, and all lands and other property vested in the Board shall be exempt from all rates, taxes, and impositions of any local authority; but nothing herein contained shall preclude a local authority from levying and collecting rates and other lawful charges in respect of lands, houses, and buildings of the Board which are for the time being let or occupied for private purposes.
DIVISION IV.-POWERS AND DUTIES OF THE BOARD AND
56. (1) The powers, authorities, and jurisdiction of the Board one league to seaward, shall extend to and be exercisable within all harbors in the State and to the distance of one nautical league to seaward from low-water mark along the coastlines of the State, and within all other territorial waters of the State.
Act 237, 1881, s. 19.
Board to control harbors.
W.A. Act 17, 1902, 8. 24.
Board to control lighthouses.
S.A. 237, 1881, ss. 26 iv., 315.
(2) The Board may, at any place within the limits of the jurisdiction of the Board or elsewhere within the State, do all such acts and things as may be necessary for the discharge or exercise of any of the duties, powers, authorities, or jurisdictions of the Board.
57. The Board shall have the exclusive control and management of all harbors in the State, and of navigation therein, and of all such harbor works as are not private property.
58. The Board shall have the exclusive control and management of all lighthouses, lightships, buoys, beacons, and other sea marks within the limits of the jurisdiction of the Board, which are not vested in the Commonwealth of Australia, and, without
The Harbors Act.-1913.
limiting the effect of this section, shall have power to do the following things, that is to say-
1. To fix the site and determine the nature of any new lighthouses and lightships and the order of the lights thereof, and to construct and acquire all requisite works, roads, and appurtenances, and to cause any existing lighthouses or lightships to be altered or removed :
11. To erect or place any new buoys, beacons, and sea marks, or alter or remove any existing buoys, beacons, or sea marks:
III. To vary the character of any lighthouse or lightship or the mode of exhibiting lights therein.
59. The following works, namely, the construction or completion of all buildings and works for the purposes of the Board, all harbor works (except on property privately owned), and all lighthouses, lightkeepers' residences, buoys, and beacons, and the alteration, maintenance, and repair thereof and of all property vested in the Board, and the extending, alteration, improvement, maintenance, and cleansing of all harbors, shall be undertaken and carried out by the Board: Provided that-
1. No wharf shall be constructed or extended, and no work
III. The construction, completion, and extension of locks, weirs,
60. (1) The Board may, by notice in writing, require the owner Deepening and of any private wharf in any harbor within the time specified in such dredging near private notice, to deepen to such depth as mentioned in such notice, or cf. N.S.W. Act 1, to dredge, or to deepen to such depth as so mentioned and dredge, 1901, s. 32. in a manner satisfactory to the Board, the whole or any part of such harbor lying within one hundred feet of any part of such wharf.
(2) In case the owner fails within the time so specified to deepen or dredge, or to deepen and dredge, as so required, in a manner satisfactory to the Board, the Board, with the approval of the Minister, may so deepen or dredge, or deepen and dredge, or
Acquisition of lands and easements.
Lighting of wharves.
Depôts for goods and
The Harbors Act.-1913.
complete the doing thereof, and may recover from the owner the cost of so doing, as a debt due to the Board.
61. The Board may, with the approval of the Minister, take and acquire, either in fee simple or for any less estate or interest, either compulsorily or by agreement, any harbor works, and also all such lands and all such easements in or over any lands as the Board may deem necessary for the purpose of constructing, completing, extending, maintaining, improving, or repairing any works authorised by or under this Part, or of carrying out any of the powers, duties, or functions of the Board, or otherwise for carrying out any of the purposes of this Part: Provided that the power conferred by this section shall not be exercised in any case unless funds sufficient for the purpose have been provided by Parliament, either as to the specific works or lands or for the acquisition of harbor works and lands generally by the Board.
62. (1) The Board shall cause all wharves, docks, platforms, depôts, and sheds vested in the Board to be kept well and sufficiently lighted.
(2) No by-law or regulation of any local authority as to the lighting of wharves shall apply to any wharf, dock, platform, depôt, or
shed vested in the Board.
63. The Board may provide such depôts and sheds for the facilities for loading. reception of goods, and such engines, cranes, boisting and weighing machines, and other apparatus for facilitating the loading and discharging of vessels, and such other conveniences upon or near the wharves, docks, and platforms vested in the Board as they think expedient for the trade of the harbor; and may make reasonable charges for the use of such depôts, sheds, engines, cranes, hoisting and weighing machines, and other apparatus and conveniences.
Life-saving apparatus and assistance.
N.S.W. Act 1, 1901, s. 64.
Ibid., s. 65.
64. The Board
(a) May provide and maintain all such appliances and things as appear to them to be necessary or expedient for the relief of vessels in danger, or for the saving of life or property in any water within the limits of the jurisdiction of the Board, including life-boats, life-buoys, rockets, and rocket and other apparatus; and may appoint and pay or reward persons to superintend and assist in the use of the same; and
(b) May provide and maintain all such apparatus and things
() May maintain such appliances and things as appear to