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PART II. DIVISION IX.

Ibid.

Ibid.

Weight and measurement. Ibid.

The Harbors Act.—1913.

.—. (61) Exempting the Board from liability for damage to goods

if landed or otherwise handled in wet weather, and authorising the wharf manager to decide in his absolute discretion when the weather is wet, and that his decision shall

be final as to that fact; (65) Limiting the time within which claims in respect of goods

damaged or lost, or alleged so to be, must be made against the Board, and exempting them from liability in case

claims are not made in accordance with such regulations; (66) Authorising and empowering the Board, in their discre

tion, to adopt the weight or measurement of goods set forth in the bill of lading or manifest of the goods, for the purpose of levying, imposing, charging, and collecting

dues, rates, and charges ; (67) Regulating and limiting the speed of vessels within harbors ; (68) Prescribing the rents, conditions, and reservations to be

contained in leases and licences granted by the Board ; (69) Regulating all such other matters and things as this Act

requires, or permits to be prescribed, or contemplates shall

be prescribed ; (70) For all or any other purposes relating to the convenience and

safety of shipping, or of the public, and generally for duly administering and carrying out the powers and duties conferred or imposed upon the Board by this Part, and for all such other purposes as may be necessary or convenient for giving effect to this Part.

Speed of vessels.
Ibid.
Rents, &c., in leases.

Generally.
W.A. Act 17, 1902,

8. 60.

S.A. 237, 1881,

s. 37.

General powers auxiliary to specific.

103. The specific powers of making regulations, and of fixing or Act 237, 1881, s. 37. imposing rents, dues, rates, fees, charges, fines, and penalties respec

tively given by this Part, shall not be taken to limit or diminish any general power of making regulations, or fixing or imposing rents, dues, rates, fees, charges, fines, and penalties given by this

Part. Regulations may be

104. Any regulation may be made to apply only within the of limited or general application. harbor or harbors or other place or places specified in such regula

tion, but unless otherwise specified shall apply generally within the limits of the jurisdiction of the Board and elsewhere within the State.

105. Any regulationof regulations. W.A. Act 17, 1902, (a) May impose a penalty not exceeding One Hundred Pounds

for the breach thereof or of any other regulation ; and may impose additional penalties not exceeding Five Pounds for each day beyond the first day in case of a continuing

breach; and (6) May provide that, in addition to the penalty, any expen se

incurred by the Board or any person in consequence of the breach of any regulation shall be paid by the person committing such breach.

106. All

Penalties for breach

8. 61.

The Harbors Act.—1913.

PART 11.

DivisION IX. 106. (1) All regulations -

Publication and effect

of regulations.
(a) Shall be published in the Government Gazette ;
(6) From the date of such publication, or from a later date

fixed by the order making the same, shall (subject to
subsection (2) hereof) be of the same effect as if they

were contained in this Part; and
(c) Shall be laid before both Houses of Parliament within

fourteen days after publication, if Parliament is in
Session, and if not, then within fourteen days after the

commencement of the next Session of Parliament. (2) If either House of Parliament passes a resolution disallowing Disallowance by

Parliament. any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime.

This subsection shall apply notwithstanding that the said fourteen sitting days, or some of them, do not occur in the same Session or Parliament as that in which the regulation is laid before such House.

continued unless

107. Regulations made under the “ Marine Board and Navigation Regulations under Act, 1891,” for any of the purposes mentioned in section 102 of this Act Marine Board Act and in force at the commencement of this part, shall, subject as here- inconsistent with inafter provided, continue in force until repealed: Provided that the this Act. Governor may expressly repeal any such regulation by regulation made under this Part, and that any such regulation shall be deemed to be repealed so far (if at all) as it is inconsistent with or repugnant to this Part or any regulation made under this Part.

DIVISION X.-OFFENCES.

DIVISION X. 108. Any person who forges, assists in forging, or procures to be Punishment for forged the seal or other distinguishing stamp or mark of the Board, forgery of seal. with the view of evading any of the provisions of this Part, shall be S. Az Act, 287, 1881,

8. 25 (part) guilty of felony, and being convicted thereof, shall be liable to be

Cf. Act, 38, 1876, imprisoned for any term not exceeding four years, with hard labor.

s. 254.

109. The master of any vessel who, after the service on him of Penalty for not comnotice in writing signed by the harbormaster of any harbor, or of harbormaster.

plying with directions any officer acting on behalf of such harbormaster, does not forth- W.A. Act 17, 1902, with regulate such vessel within such harbor according to such s. 63. notice, shall be liable to a penalty not exceeding Fifty Pounds.

master to remove

110. (1) The master, owner, or person in charge of any vessel Power of harborwithin any harbor shall moor, unmoor, place, or remove such vessel vessels according to the directions of the harbormaster, and if there is Ibid, s. 64.

F-1149

no

Ibid,

Ibid.

master.

8. 65.

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PART 11.

The Harbors Act.1913.
DIVISION X.
S.A. 691, 1897, no person on board such vessel to attend to such directions, the
8. 3.

harbormaster may cause such vessel to be moored, unmoored, placed,
or removed, as he thinks fit.

(2) The harbormaster in the exercise of his powers under this section may unloose or cut any rope or unshackle or break any chain by which the vessel is moored or fastened, and may obtain such assistance and employ such persons as he deems necessary to enable him to carry out his purpose.

(3) All expenses attending the carrying out of such purpose shall be paid by the master, or owner, or agent of the vessel, and the Board may recover such expenses from the master, or

owner, or agent by action in any Court of competent jurisdiction. Penalty on master or

(4) In addition to any liability for expenses under subsection (3) person on board for obstructing harbor. of this section, if the master of the vessel, or any other person,

hinders the harbormaster or any person employed or authorised by W.A. 17, 1902, him, in or from mooring, unmooring, placing, or removing the vessel,

such master or other person shall be liable to a penalty not exceed

ing Fifty Pounds. Harbormaster may lil. (1) If the master or any other person on board and in slacken ropes.

charge of any vessel moored or fastened within any harbor does Ibid., s. 66.

not, upon demand of the harbormaster, unloose or slacken the rope or chain by which such vessel is moored or fastened, he shall be liable to a penalty not exceeding Fifty Pounds.

(2) In case there is no such person on board any vessel so moored or fastened, the harbormaster, or any person employed or authorised by him, may unloose or slacken the rope or chain by which such vessel is so moored or fastened, and, if necessary, may cause a sufficient number of persons to be put on board for the protection of the vessel.

(3) All expenses incurred by the harbormaster under this section shall be paid by the master, owner, or agent of such vessel, and may

be recovered by the Board in any Court of competent jurisdiction. Penalty for hindering him.

(4) In addition to any liability for expenses under subsection (3) of this section, if the master of the vessel or any other person hinders the harbormaster, or any person employed or authorised by him, in or from unloosening or slackening a rope or chain as aforesaid, such master or other person shall be liable to a penalty not

exceeding Fifty Pounds. Harbormaster may 112. (1) The harbormaster of any harbor may, for the purpose vessel

of removing any vessel from one place to another in such harbor, 8.A. 691, 1897, s. 4. cause such vessel to be made fast to another vessel being at anchor

or moored to any buoy, wharf, or pile. Penalty for hindering

(2) Any person who hinders the harbormaster, or any person him.

employed or authorised by him, in or from the exercise of the power conferred by this section, or who casts off or cuts any such fastening shall be liable to a penalty not exceeding Fifty Pounds.

(3) Nothing

make fast to another

PART II. The Harbors Act.-1913.

DIVISION X. (3) Nothing in this section shall disentitle the master or owner Damages. of any vessel to which any fastening has been attached, as hereinbefore provided, by or by direction of the harbormaster, from recovering from the master or owner of the ship so being removed damages for any injury sustained by reason of such fastening.

s. 67.

8. 386.

113. If any person commits any of the following offences, so as Restriction on deposit to be or tend to the injury of navigation, that is to say:

of ballast or rubbish.

W.A. 17, 1902, (a) Casts, or causes to be cast, or suffers to fall, any ballast, rock,

stone, slate, shingle, gravel, sand, earth, cinders, rubbish, S.A. 237, 1881,
or other substance or thing, on any tidal land, or into any
harbor, or tidal water, or into the sea below low-water

mark; or
(6) Casts, or causes to be cast, or suffers to fall, any such sub-

stance or thing on land, in a position where the same is
liable to fall or descend, or be carried or washed down by
ordinary or high tides, or by any stream or flow of water,
or by any storm or flood, or otherwise, into any harbor or

tidal water, or into the sea ; or
(c) Casts, places, or leaves, or causes to be cast, placed, or left,

any ship or boat laid by or neglected as unfit for sea service,
any floating or other timber, or any other thing, on any

tidal lands, or in any harbor or tidal water, or in the sea ;
such person shall for each offence be liable to a penalty not exceed-
ing Fifty Pounds, and to pay the expenses of the removal to a
proper position of such substance, thing, ship, or boat.
114. If any person wilfully or negligently commits any of the fol- Penalties for

damaging lights, lowing offences, that is to say,

buoys, or beacons. (a) Injures any lighthouse or lightship or any harbor light, or W.A., 17, 1902, 8. 69.

the lights exhibited therein, or any buoy or beacon; or Cf. S.A., 237, 1881, (6) Removes, alters, or destroys any lighthouse, lightship, harbor

light, buoy, or beacon; or (c) Rides by, makes fast to, or runs foui of any lighthouse,

lightship, harbor light, buoy, or beacon; or (d) Removes, alters, injures, or destroys any signal or signal-staff

used for purposes in aid of vessels navigating; such person shall, for each such offence, be liable to a penalty not exceeding One Hundred Pounds, or to imprisonment not exceeding twelve months, with or without hard labor, and shall also be liable to pay the expenses of making good any damage occasioned by such offence.

8. 321.

115. Any person, excepting the harbormaster or a person acting Penalty for wilfully under his authority, who wilfully cuts, breaks, or destroys the cutting moorings. mooring or fastening of any vessel in any harbor or elsewhere shall, W.A., 17, 1902,

for

s. 70.

PART II. DIVISION X.

The Harbors Act.1913.

for every such offence, be liable to a penalty not exceeding One Hundred Pounds, or to imprisonment not exceeding twelve months, with or without hard labor.

8. 395.

Penalty for wilful 116. Any person who wilfully destroys or in any way damages damage to works.

or injures any wharf, shed, roadway, building, or other harbor work Ibid., s. 71.

whatsoever, or any part thereof, constructed or in course of construction, or any appliance used thereon, or for the purposes thereof, shall be liable for every such offence to a penalty not exceeding One Hundred Pounds, or to imprisonment not exceeding twelve

months, with or without hard labor. Penalty for wilful

117. If any person wilfully or negligently breaks or damages or damage to lights.

takes away any lamp or other appliance used for the purpose of Ibid., s. 72.

lighting any wharf, quay, pier, or any road or dock, or other place, or wilfully extinguishes any such light, such person shall be liable

to a penalty not exceeding Twenty Pounds. Wharves, buoys, 118. (1) If any person erects, builds, or makes any wharf or teacons, &c., not to embankment, or any building or work, or drives any pile or be within jurisdiction of beacon, or lays down or places any slipway, chain, mooring, or Board without permission.

buoy at any place within the limits of the jurisdiction of the Board Act 237, 1881,

without the permission in writing of the Board first obtained, such person shall be liable to a penalty not exceeding Fifty Pounds.

(2) Any such person who neglects or fails to remove any such wharf, embankment, building, work, pile, beacon, slipway, chain, mooring, or buoy so placed, after notice in writing to remove the same has been served on him by or on behalf of the Board, shall for every such offence be liable to a further penalty not exceeding Five Pounds for every day that he neglects or fails to remove such wharf, embankment,

building, work, pile, beacon, slipway, chain, mooring, or buoy. No shipment or 119. (1) No person shall at any time during any Sunday or Good onshipment of goods Friday ship or unship, or cause or permit to be shipped or unshipped,

Sunday.
Act 917, 1906, s. 7.

or water-borne to be shipped or unshipped, any goods: Provided

that it shall be lawful for the master of any coast-trade ship to unship Ibid., s. 8.

any cattle, fresh meat, fresh fish, fruit, vegetables, and other perishable articles and personal baggage of passengers on a Sunday or Good Friday, and provided also that it shall be lawful for the Minister, in cases of emergency, to grant a permit to the master of any ship to ship or unship goods on a Sunday or Good Friday subject to such terms and conditions as the Minister thinks fit.

(2) Any person committing a breach of this section shall be liable

to a penalty not exceeding Two Hundred and Fifty Pounds. Master of every ship 120. The master, officer, or person in charge or control of any to obtain certificate before leaving port.

ship, except a coast-trade ship, shall, before such ship leaves any harbor or place in the State obtain from the Board, or some officer authorised in that behalf by the Board, a certificate that the requirements of this Act have, as far as possible and practicable, been complied with in all matters affecting such ship, and in

default

S.A., 814, 1902, 8. 30.

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