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The Harbors Act.—1913.
DIVISION IV. 65. The Board may, with the approval of the Minister, when Board empowered
to dredge, cleanse, and funds are available,
scour harbors, &c.
. (a) For the purpose of maintaining and improving the navigation Ibid., s. 47.
of any harbor, dredge, cleanse, and scour the same, and
otherwise alter and improve the bed of the same:
annoyances, and all nuisances and abuses whatsoever in
obstruct or tend to obstruct the free navigation thereof: (c) Scour, reduce, or remove any shoal, bank, or accumulation Power to remove any
shoal, mudbank, or which, in their opinion, impedes the navigation of any accumulation, and
harbor: (d) Shorten any bend or remove any angle on the shore or the
bed of any harbor: (c) Cut the banks of any inlet of the sea, river, or other water Banks may be cut.
within any harbor for the purpose of making, enlarging,
impose: (f) Place and lay down or take up within any harbor such buoys Buoys and beacons.
and beacons as may, in their opinion, be necessary or
66. (1) No lease or licence in force at the commencement of this leases and licences
existing at time of Part of, or relating to, any lands hereby vested, or which become passing of this Act. vested in the Board, shall, subject to this section and section 73, Ibid., s. 29. be in any manner affected by this Part: Provided that all moneys accruing after such commencement, as the rent reserved by any such lease or as payment for any such licence, shall be payable to and may be recovered by the Board; and that the benefits of all covenants and liabilities by and of the lessee or licensee arising after such commencement shall be vested in the Board.
(2) At the expiration of the term of any such lease or licence the Board may, with the approval of the Minister, renew or deal with such lease or licence on such conditions and terms as they deem fit : Provided that if the Board refuse to renew such lease they shall pay the leaseholder or licensee such (if any) compensation for improvements as has been provided for by the lease or licence.
67. Notwithstanding any Act or law to the contrary, no lease Leases and licences of or licence of, or permission to occupy or use, any portion of any sea be granted without
beach consent of the Board.
PART II. DIVISION IV.
The Harbors Act.--1913.
beach or foreshore, or any land overflowed by the waters of the sea, within the limits of the jurisdiction of the Board, which beach, foreshore, or land is not private property, shall, after the commencement of this Part, be granted without the consent in writing of the Board first obtained.
Power to lease lands,
S.A. Act 237, 1881, 8. 28, altered.
68. The Board, with the approval of the Minister, may grant a W.A. Act 17, 1902, lease of any land vested in the Board for any term not exceeding twenty
one years :
Provided that no such lease for a period exceeding three years shall be granted until after the expiration of one month from the second publication in the Government Gazetie and in a daily newspaper published and circulating in Adelaide, of an advertisement for applications for such lease.
Board may authorise 69. The Board, with the approval of the Minister, may grant etc., in any port, and to the owner or occupier of any land fronting and immediately may lease wharves. adjoining any portion of the foreshore at any place within the State, Ibid., s. 29, altered.
a licence to make any wharf, embankment, wall, or other work upon the foreshore and the land overflowed by the waters of the sea immediately in front of his land, upon payment of such fair and reasonable consideration, and subject to such other terms, conditions, reservations, and other provisions as the Board think fit.
Board may lease sea
70. (1) The Board, with the approval of the Minister, may grant a lease for any period not exceeding twenty-one years of any convenient portion of the foreshore at any place within the State, and of the adjoining land overflowed by the waters of the sea, together with the approaches thereto, for the purpose of the same being appropriated and maintained as and for a public bathing place.
(2) Any such lease shall be subject to such terms, conditions, reservations, and other provisions, and confer such powers as to the erection of fences, bathing-boxes, refresh:ment-rooms, and other conveniences on the premises, the formation of a harbor for boats thereon, and the admission or refusal of admission thereto, as to the Board
Board may lease public wharves. Ibid., s. 7, altered.
71. (1) The Board, with the approval of the Minister, may grant a lease of any wharf vested in the Board, or any portion thereof, for any term not exceeding twenty-one years, either by public auction or by public tender.
(2) Any such lease shall be subject to such annual rental and other terms, conditions, reservations, and other provisions as the Governor prescribes, whether by regulation or otherwise, and shall in other respects be subject to any regulations in that behalf.
72. (1) The Board, with the approval of the Minister, may grant to the proprietor of any ferryboat annual or other licences, to use in such manner as the Board deem advisable, any wharf vested in the Board, or portion thereof, for any period stated in such licence.
Licences for use of wharves by ferryboats.
Ibid., s. 8.
PART 11. The Harbors Act.-1913.
DIVISION IT. (2) All such licences shall be revocable by three months' notice Ibid , s 9. given by the Board.
73. (1) Whenever the Board during the currency of the term Power of Board to of any lease of, or licence to occupy or use, any of the lands or other resume possession of
lands the subject of a properties vested in the Boarı, or any portion of any harbor, sea beach lease or licence. or foreshore, or land overflowed by the waters of the sea, in any v.s W. Act, 1901, part of the State (all of which are hereafter in this section 5. 12. referred to as lands and properties), whether such lease or licence was granted or issued before or after the commencement of this Part, desires to take possession of any of the said lands or properties, or any part thereof, the Board may serve on the person to whom the lease or licence was granted, his heirs, executors, , administrators, or assigns, a notice that the Board requires possession thereof.
(2) lf within three months from the service of the notice Cf. Ordinance 6, 1947, possession is not given to the Board, they may issue their warrant to the Sheriff to deliver possession of such land or property, or part thereof, whereof possession is so required, to the person appointed in the warrant to receive the same; and upon receipt of such warrant the Sheriff shall deliver possession of such land or property, or part thereof, accordingly.
(3) The costs accruing by reason of the issuing and execution of the warrant, to be settled by the Sheriff, shall be paid by the person refusing or failing to give possession; and the amount of such costs shall be deducted and retained by the Board from the compensation (if any) payable for dispossession under the powers hereinbefore contained, or if no such compensation is payable, or if the compensa tion is less than the amount of such costs, then such costs, or the excess thereof beyond such compensation, if not paid on demand, shall be levied by distress, and, upon application to any Justice for that purpose, he shall issue his warrant accordingly.
(4) Whenever any lessee or licensee, his executors, administrators, Compensation for or assigns, is or are dispossessed under the powers by this section dispossessing. conferred on the Board, the Board shall, subject to subsection (3) of this section, pay to him or them compensation for dispossession, and the amount thereof shall be settled in the manner prescribed in “ The Lands Clauses Consolidation Act,” as to the No. 6 of 1847. taking of lands for undertakings of a public nature.
N.S.W. Act 1, 1901,
, 1902, s. 28. Cf. S.A. 414, 1887,
74. (1) The Board may, with the approval of the Minister, by Board may make their corporate name, enter into contracts with any person for the execution of any work they think proper to do, or to direct to be W.A. Act 17, done, under the powers conferred by this Part, or for furnishing materials or labor, or for providing proper engines or other power, s. 58; and 512, or for any other matters and things whatsoever necessary or con- 1891, s. 5.
8. venient to enable the Board to carry the purposes of this Part into effect, in such manner, and upon such terms, and under such stipulations, regulations, and restrictions as they think proper.
PART II. DIVISION iv.
The Harbors Act.-1913.
(2) Notwithstanding anything in this section the Board shall be subject to the provisions of any Act providing for the control of the purchase of materials or other things by a Supply and Tender Board or other authority.
Contracts by the Board, how to be entered into.
N.S.W. Act 1, 1901, 8. 49.
75. (1) The powers by this Act conferred upon the Board to make contracts may lawfully be exercised as follows, that is to say: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 their corporate name and under their
common seal, and in the same manner may vary or discharge: Any contract which, if made between private persons, would be
by law required to be in or to be evidenced by writing, signed by the parties to be charged therewith, the Board may make in writing in their corporate name, signed by them, or any two of them, and in the same manner may vary
or discharge. (2) All contracts made according to the provisions of this section and duly executed by the parties thereto respectively shall be effectual in law, and shall be binding upon the Board and all other parties thereto and their successors, heirs, executors, or administrators, as the case may be; and on any default in the performance of any such contract, such actions or suits may be brought thereon and damages and costs recovered against or by the Board, or any other party failing in the execution thereof, as might be brought and recovered if the same contract had been made between private persons only.
Goods left on wharves etc., may be adver. tised and sold.
W.A. 17, 1902,
76. (1) If any goods remain upon any wharf vested in the Board, or the approaches thereto, or in any store or warehouse so vested, for a longer time than allowed by the regulations, any person authorised by the Board may remove such goods to a convenient place, and keep the same until payment of the expenses of such removal and keeping.
(2) If such expenses are not paid within seven days after demand thereof made upon the owner, or if the owner is unknown or cannot be found, then after notice by advertisement, at least once in each of two consecutive weeks, in a newspaper circulating at the harbor where such goods so remain, the Board may sell such goods by public auction: Provided that goods, if perishable, may be sold without demand or advertisement after being kept for twenty-four hours.
(3) The proceeds of sale shall be applied in payment of all dues and charges payable in respect of such goods, and the expenses of removal, keeping, advertising (if any), and sale thereof, and the surplus shall be rendered to the owner on demand, and in the meantime shall be paid to the Treasurer.
The Harbors Act.—1913.
Division IV. 77. If any dispute arises between the Board and the South Disputes between
departments to be Australian Railways Commissioner, or any other officer or department settled by Minister. of the Government of the State, with respect to any land or other Ibid., s. 30. property vested in the Board, or with respect to any power or duty N.S.W. Act 1, 1901, conferred or imposed upon the Board by this Part, or the exercise or discharge of or failure to exercise or discharge the same, or with respect to any other matter arising under this Act, such dispute shall be referred to the Minister, whose decision shall be final and binding upon the parties.
Marine Board as to
Division V.--PLOTS AND PILOTAGE.
DIVISION v. 78. (1) Subject to section 79, all the duties, powers, functions, Functions of the and jurisdictions of the Marine Board, under the “Marine Board and pilotage transferred Navigation Act, 1881,” or otherwise, as to pilots and pilotage, to the Board. which are subsisting, and can lawfully be discharged and exercised by the Marine Board, at the commencement of this Part, are hereby, from the commencement of this part, transferred to the Board, and shall from such commencement be discharged and exercised by the Board and not by the Marine Board.
(2) Any proceeding, matter, or thing commenced by the Marine Board before the commencement of this Part, in the exercise or intended exercise of any of its duties, powers, functions, or jurisdiction as to pilots or pilotage, may be continued and prosecuted and completed by and in the name of the Board.
(3) From such commencement the “ Marine Board and Navigation Act, 1881,” shall be read as amended in such manner as may be necessary to give effect to this section.
79. (1) The powers of the Marine Board under the “ Marine Powers of the Marine Board and Navigation Act, 1881,” to confirm, repeal, or vary tions transferred to regulations as to pilots and pilotage, which are subsisting, and can the Governor. lawfully be exercised by the Marine Board, at the commencement of this Part, shall, from the commencement of this Part, be exercised by the Governor, on the recommendation of the Board, as provided by section 102.
(2) All such regulations shall be subject to the provisions of Part III. of “ The Marine Board and Navigation Act Amendment Act, No. 814 of 1902. 1902,” and to any proclamation lawfully made pursuant to that Part.
Board as to regula
DivisION VI.--WRECKS, OBSTRUCTIONS, AND DAMAGE.
Division VI. 80. If any vessel is sunk, stranded, or abandoned within the Removal of wreck. limits of the jurisdiction of the Board in such a way as, in their w.4. 17, 1902, opinion, to tend to the injury of navigation, such vessel, together Cr. S.A. 237, 1881, with the tackle thereof, and the goods (if any) therein (all of s. 243. which are in this section included under the term “ the wreck"), may be removed in the following manner:(a) The Board shall give notice in writing to the owner of such vessel, or to an agent of such owner, that he is