Page images
PDF
EPUB

PART II. Division VI.

The Harbors Act.-1913.

required, within a time specified in such notice, either to remove the wreck in a manner satisfactory to the Board, or to undertake, under security satisfactory to the Board, to remove the wreck in a manner satisfactory

to and within a time to be fixed by the Board : (1) In case the owner or an agent cannot be found within the State,

or if he fails within the time specified in the notice to remove the whole of the wreck in a way satisfactory to the Board, or enter into such undertaking as aforesaid to remove the same, or if, baving undertaken to remove the wreck, he fails to remove it in accordance with his undertaking, then the Board, or any person authorised by the Board, may remove the wreck; and the Board may recover from the owner, in any Court of competent jurisdiction, the expenses incurred in removing it in this

section referred to as “the expenses of removal" : (c) The Board or any person authorised by them may, for the

purpose of removal, destroy the wreck or any part of it, and may remove and take possession of the wreck or any part of it, and may sell the same, and may, out of the proceeds (if any) of such sale, without any reference to the part of the wreck from the sale of which such proceeds accrue, reimburse the Board for the whole of the expenses of removal and sale, and shall, after so reimbursing the Board, render the surplus (if any) to the owner on demand, and in the meantime shall pay the same to

the Treasurer; and (a) If the proceeds of such sale are insufficient to pay the whole

expenses of removal and sale, the Board may recover the balance from the owner if the vessel was stranded or sunk by his fault or negligence, or from any other person by whose fault or negligence the vessel was stranded or sunk.

For the purposes of this section the term "owner” means and includes not only the owner of the vessel at the time of the sinking, stranding, or abandonment thereof, but also any person who, whilst the same remains sunk, stranded, or abandoned, purchases such wreck, or the materials of which the same is or was composed.

9

Lights on worka. Act 237, 1881, d. 393.

8l. Every person making, constructing, altering, extending, or removing any work on, in, over, through, or across tidal lands or a tidal water, or the sea-shore below high-water mark, shall, on or near the work, during the whole time of the making, constructing, altering, extending, or removing thereof, exhibit and keep burning at his own expense every night from sunset to sunrise such lights (if any) as the Board from time to time require or approve ; and shall also on or near such work, when completed, always maintain,

exhibit, The Harbors Act.--1913.

Part 11. Division VI.

exhibit, and keep burning every night from sunset to sunrise such lights (if any) for the guidance of ships as the Board from time to time require or approve. If any person fails to comply in any respect with the provisions of this section he shall, for each night on which he so fails, be liable to a penalty of not less than Five Pounds and not more than Twenty Pounds.

8. 35.

82. (1) Where any injury is done by a vessel or any part of the Responsibility for equipment thereof, or by any floating timber or material, or by any the Board. person employed about the same, to any of the works or property W.A. Act 17, 1902. of or vested in the Board (a) The owner or agent of such vessel, floating timber, or

material ; and
(6) In case the injury is caused through the act or negligence of

the master of such vessel, or of the person having charge
of such timber or material, such owner or agent and also

such master or person,
shall be liable in damages to the Board for the injury except
where the same is caused by the act or negligence of the Board or
an officer or servant of the Board.

(2) The amount of such damages may be recovered in any Court Remedies for such of competent jurisdiction, or in a summary way in the same manner injury.

. as a penalty for an offence against this Act; or, at the option of the Act 237, 1881, s. 394. Board, such ship, floating timber, or material may be detained until such damages have been paid or a deposit has been made by the master or owner or agent thereof equal in amount to the claim made by the Board for their estimate of the amount of injury so done, which deposit the Board are authorised to receive and retain until the entire amount of such injury has been ascertained by them and paid by the master or owner or agent of such ship, floating timber, or material, when the said deposit shall be returned to such master or owner or agent.

(3) Every such deposit shall be considered to have been made in payment and satisfaction, or part payment and satisfaction, of the claim for the injury in respect of which such deposit has been made, unless notice that the claim is disputed is given to the Board within seven days after such deposit has been made. After the expiration of seven days next after such deposit has been made (unless in the meantime notice is given to the Board that the claim is disputed) the Board may, unless the amount of injury has been sooner paid, apply such deposit or a sufficient part thereof, in making good such injury, and shall return the residue (if any) of such deposit to the said master or owner or agent.

(4) The special remedies provided by this section shall be without prejudice to any other remedy in respect of the injury: Provided that the Board shall not recover in the aggregate more than the total amount of the damages, costs, and expenses arising from such injury.

83. Where

The Harbors Act.1913.

PART 11. DIVISION VI. Recovery by owner from master of ship. W.A. 17, 1902, 8. 36.

83. Where the owner or agent of any vessel, floating timber, or material pays any money in respect of any injury done to any part of the works or property of or vested in the Board by any master or other person, or pays any pecuniary penalty by reason of any act or omission of any master or other person, he shall be entitled to recover the money or penalty so paid with costs and expenses from such master or other person in any Court of competent jurisdiction, or in a summary way in the same manner as a penalty for an offence against this Act.

DIVISION VII.

Harbor dues, &c., fixed by regulation. Ibid., s. 39.

Division VII.-Dues, CHARGES, AND RATES. 84. (1) Regulations may be made from time to time by the Governor, on the recommendation of the Board, fixing dues, charges, and rates (including, though without limiting the extent of the power hereby conferred, light, harbor, warehouse, tonnage, mooring, pilotage, and berthing dues and wharfage charges) which shall be charged and levied by the Board. Such dues, charges, and rates shall be payable and paid to the Board in accordance with the regulations.

(2) Until repealed by such regulations, all dues, charges, and rates of the kinds specifically mentioned in subsection (1) hereof, which are payable by law at the commencement of this part shall continue to be charged and levied, and shall be payable and paid to the Board as if the same had been made payable under this Act.

(3) The Board shall at all times keep exhibited in front of their principal office a board having painted or affixed thereon lists of all dues, charges, and rates payable for the time being, but the omission so to do shall not affect the liability to pay the same.

Existing dues and charges to continue. Ibid., s. 40.

List of dues to be exhibited

a

[blocks in formation]

85. (1) Regulations may be made from time to time by the Governor, on the recommendation of the Board, providing that harbor improvement rates, not exceeding in any case One Shilling per ton by weight or by measurement (as may be expressed in such regulations), shall be levied upon all goods discharged at or shipped from any specified harbor.

(2) Such regulations may provide for the manner of levying and collecting such rates, and by whom the same shall be paid, and in what manner the same shall be paid to any authorised officer of the Board, or other person authorised by the Board in that behalf.

Differences may be made between outward and inward goods.

86. In fixing any dues, charges, and rates, differences may be made between the amounts payable in respect of outward and inward bound goods respectively.

In case of difference, power to weigh or measure goods.

87. (1) Where a difference arises between any officer or person authorised to collect any dues, charges, or rates and the owner of any goods respecting the weight or quantity of such goods, the officer or person authorised to collect such dues, charges, or rates may cause the goods to be weighed or measured.

[blocks in formation]

The Harbors Act.-1913.

PART II. DIVISION VII.

(2) If the weight or quantity thus ascertained exceeds that alleged by the owner, the expenses of the weighing or measuring shall be paid by him to the Board, and shall be recoverable as the dues, charges, or rates are recoverable ; and if the weight or quantity thus ascertained does not exceed that alleged as aforesaid, the expenses of the weighing or measuring shall be paid by and shall be recoverable from the Board in any Court of competent jurisdiction.

88. The owner and the master of any ship, and such consignee Liability for dues or agent thereof as has paid or made himself liable to pay any payable by ship. dues, charges, or rates on account of the ship, shall be liable to pay Ibid., s. 45. the dues, charges, and rates payable under this Act in respect of S.A. 237, 1881, such ship.

8. 317.

89. The owner of any goods carried in any ship, and also any Liability for dues consignor, consignee, shipper, or agent for the sale or custody of payable for goods such goods, and also any person entitled, either as owner or agent W.A. 17, 1902, for the owner, to the possession of such goods, shall be liable to pay the dues, charges, and rates payable under this Act in respect of such cf, 9;A. 237, 1881, goods.

8. 46.

317.

of master or owner

90. Every consignor, consignee, shipper, or agent, not being the Persons other than owner or master of the ship or goods, who is by this Act made liable master or owner of

ship liable for dues for the payment of any dues, charges, or rates in respect of such ship may retain moneys or goods, as the case may be, may, out of any moneys in his hands received on account received on account of such ship or goods, or belonging to the of ship for such owner thereof, retain the amount of dues, charges, and rates so paid payments.

W.A. 17, 1902, s. 47. by him, together with any reasonable expenses he incurs by reason of such payment and liability.

S.A. 237, 1881, 91. All dues, charges, and rates may be recovered by the Board Recovery of dues. in any Court of competent jurisdiction as a debt due to the Board, Ibid., s. 317. or in a summary way in the same manner as penalties for offences against this Act are recoverable.

s. 320.

92. Any officer or person authorised to collect dues, charges, or Persons authorised

to collect dues may rates may, without any warrant or authority other than this Act, distrain. distrain any ship and the tackle thereof or any goods, in respect W.A., 17, 1902, 8. 49. of which such dues, charges, or rates are payable, and may keep cí. S. A. 237, 1881, such ship and tackle or goods respectively until such dues, charges, s. 372. or rates are paid; and if the same are not paid within seven days after the distress, may cause the property distrained or any part thereof to be sold, and out of the proceeds of the sale may pay the amount of such dues, charges, or rates and the charges and expenses of the distress, keeping, and sale.

93. Where a difference arises concerning the amount of any dues, Settlement of dispute charges, or rates payable, or of the charges and expenses occasiones concerning dues or

charges occasioned by by any distress, the person distraining may detain the ship, tackle, or distress. goods distrained until such amount is ascertained by a Local Court W.A. 17, 1902,

in

s. 50.

PART II. DIVISION VJI.

The Harbors Act. 1913.

in its Full Jurisdiction, or until he is satisfied that sufficient security has been given for the payment of such amount when ascertained, and of the charges and expenses arising from non-payment thereof. The Court shall, upon application made for that purpose, determine the amount, and award such costs to be paid by either party to the other as the Court thinks reasonable.

Penalty on evasion.
S.A. 237, 1881,
$. 396.

94. If any master, owner, consignor, consignee, shipper, or agent evades or attempts to evade the payment of any dues, charges, or rates he shall be liable to a penalty of not less than Five Pounds nor more than Fifty Pounds, in addition to the amount of such dues, charges, or rates.

DIVISION VINI.

Minister to declare
value of property
vested in Board.
Cf. W.A. 17, 1902,
ss. 52 and 53.

Division VIII.-FINANCE. 95. The Minister shall at the end of the first financial year ending after the commencement of this part, cause a schedule to be made of all property then vested in the Board, and shall, at the end of each subsequent financial year, cause a schedule to be made of all additional works and improvements constructed, and all additional works in course of construction, by the Board, and of all lands and property vested in or acquired by the Board, during such financial year.

Collection of dues, &c.

96. All dues, charges, rates, rents, and other moneys levied and collected by the Board or any officers and persons under this Part shall be paid to the Treasurer to the credit of the General Revenue of the State.

Accounts to be kept.

97. (1) The Board shall cause books to be provided and kept, and true and regular accounts to be entered therein(a) Of all moneys received and paid by them, and all moneys

owing to or by them under this Part, and of the several purposes for which such moneys are received, paid, or

owing; and (6) Of all the assets and liabilities of the Board under this Part.

(2) The Board shall cause such books and accounts to be balanced every year on the thirtieth day of June.

Accounts to be balanced.

How money for purposes of Act provided.

98. The moneys required for the purposes of this Part shall be provided by the Treasurer out of moneys from time to time provided by Parliament for such purposes.

Books may be
inspected.
W.A. Act 17, 1902,

99. The books of account of the Board shall be open to the inspection of the Minister and of the Commissioner of Audit, and of any person authorised by the Minister or the Commissioner of Audit to inspect the same, and all such persons may take copies or extracts therefrom.

8. 58.

Accounts to be audited.

100. (1) The Board shall, at the close of every financial year, cause a full and true balance sheet of assets and liabilities, together

« EelmineJätka »