PART 11. DIVISION XI. DIVISION XII. Functions of the Marine Board as to to the Board. The Harbors Act.-1913. (3) The Supreme Court may send the special case back for amendment, or may itself amend the same. (4) The Justices, or the Local Court, shall make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or a Judge thereof. (5) Such order of the Justices, or Local Court, shall be enforced in manner provided by this Part or otherwise by law. DIVISION XII-MISCELLANEOUS. 145. (1) All the powers, duties, and functions of the Marine explosives transferred Board as to explosives under the "Marine Board and Navigation Act, 1881," are hereby, from the commencement of this Part, transferred to the Board, and shall from such commencement be exercised and discharged by the Board, and not by the Marine Board. Ferry not to be established in a harbor without approval of the Board. Powers as to ferries to be subject to direc tions of the Board. Governor may proclaim harbors and their boundaries. (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 such powers, duties, or functions 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. 146. (1) Notwithstanding The Ferries Act, 1888," or any other Act or law to the contrary, after the commencement of this Part, no ferry shall be established in any harbor without the approval of the Board, nor shall any ferry or any works or thing connected with or for the purposes of any ferry be constructed or placed in any harbor without such approval, in addition to any other approval required by any Act or law. (2) The exercise, after the commencement of this Part, by any local or other authority or person of— (a) The care, control, and management of any ferry situated in any harbor, or of any works or thing so situated and connected with or for the purposes of any ferry: (b) Any power to make regulations or by-laws as to any such ferry or works or thing (except with regard to tolls and fares), shall be subject to any direction of the Board. 147. (1) The Governor may, from time to time, by Proclamation, declare (a) That any place shall be a harbor, or (b) What shall be the boundaries of any harbor (whether proclaimed as aforesaid or not), or (c) Alter The Harbors Act.-1913. (c) Alter the boundaries of any harbor (whether proclaimed as aforesaid or not), for the purposes of this Part or this Act or [and] for any other purposes mentioned in the Proclamation, or for all purposes. (2) Any such Proclamation shall, from the publication thereof in the Government Gazette, or from a later date thereby fixed, have effect according to the tenor thereof. (3) Nothing done under this section shall affect the operation of section 9 of this Act. PART II. DIVISION XII. 148. (1) Where any vessel has been registered at a port in the Tonnage of British United Kingdom or any British possession, the amount of tonnage vessels. specified in the certificate of such registry shall, for the purposes of S.A. 237, 1881, this Part, be deemed to be the tonnage of such vessel. (2) In the case of a vessel of any foreign country which has adopted the provisions of "The Merchant Shipping Act, 1894," in respect of tonnage, or any provisions substituted therefor, such vessel shall be deemed to be of the tonnage denoted in the certificate of registry or other national papers. s. 390. of foreign vessels under M.S. Act. Ibid., s. 391 (part). vessels. Ibid. (part). (3) In order to ascertain the tonnage of any vessel other than of other foreign those before mentioned in this section as to which any question arises, any officer authorised in that behalf by the Board may measure such vessel according to the regulations for the measurement of shipping for the time being in force in the State; or the Board may, in their discretion, accept as the measurement of the vessel the measurement appearing in the latest edition of Lloyds' Register in their possession. to the injury of 149. Any act, default, or omission shall be deemed to tend to the Series of acts tending injury of navigation, within the meaning of this Part, if in any case navigation. a series of like acts, defaults, or omissions has produced or would tend to produce injury to navigation. w.A. Act 17, 1902, s. 68. s. 17. 150. It shall be lawful for the Council of any Municipality or Municipal Council District, with the approval of the Board, to make by-laws, which may make by-laws. shall have the force of law within the boundaries of a harbor, and WA. Act 35, 1906, for the purposes of such by-laws and the enforcement thereof, the harbor shall be deemed to be within such Municipality or District to such extent as is prescribed by such by-laws: Provided that such by-laws may from time to time be altered, amended, or repealed by the Governor. with Councils as to 151. The Board, of the one part, and the Council of any Power to contract Municipality or District adjoining any harbor, of the other part, streets, roads, &c. may from time to time, for the purpose of providing convenient N.S. W. Act 1, 1901, ways to and from any of the lands, beaches, sea fronts or shores, 8. 100 wharves, depôts, or sheds vested in the Board, enter into and perform such contracts as they deem fit as to constructing, repairing, or maintaining any street, road, bridge, or approach, or any part thereof, PART 11. DIVISION XII. The Governor, with Council, may proclaim The Harbors Act.-1913. thereof, within the limits of such Municipality or District, either by apportioning the work to be done, or by sharing the expenses thereof, or otherwise, in the absolute discretion of the contracting parties. 152. The Governor may, upon the request of the Board and consent of Board and the Council of any such Municipality or District as mentioned in section 151, declare by Proclamation any land vested in the Board to be a public road under the care, management and control of such Council, and such road shall thereafter be treated in all respects as if it were within such Municipality or District, and dedicated to the public. Reserves may be placed under control of Board. S.A. 237, 1881, 8. 399. Governor may rectify irregularities. . 19. 153. The Governor may, by Proclamation, place any Government reserve situated within or abutting upon the boundaries of any harbor under the care, management, and control of the Board, and may, in like manner, resume the care, management, and control of any reserve so situated. 154. Whenever by any misadventure or accident anything is at any time done after the time required by this Part, or is otherwise W.A. Act 35, 1906, irregularly done in matter of form, the Governor may make provision for such case, or may extend the time within which such thing may be done, or may validate anything so done after the time required, or irregularly done in the matter of form, so that the true intent and purpose of this Part may have effect. Police officers to re 155. It shall be the duty of every member of the Police Force who is aware, or has reason to believe, that any provision of this port breaches of Act. Part is being or has been contravened, to forthwith report the matter to the Board or to the Secretary. Ibid., s. 20. I hereby reserve this Bill for the signification of His Majesty the DAY H. BOSANQUET, Governor. SCHEDULES "The Municipal Corpora- 94, 95, and 194, and So far as they apply within har Do City of Adelaide-Powder magazines on gaol reserve, comprising southern magazine and keeper's house and premises-G.G., 5/11/96 Reserve at Laura Bay-G.G., 20/8/08 Murat Bay-Jetty and approach thereto Do Foreshore reserve-Portion comprised in notice in Do Ceduna, allotments 9 and 10-G.G., 23/7/03 Do Do Blocks 190, 191, 200, 201-G G., 23/11/11 Point Fowler reserve-G.G., 29/7/09 Corny Point-Lighthouse reserve and Marine Board reserve Dashwood's Bay-Landing reserve Stokes Bay-Landing reserve Port Augusta W.-Jetty and approach thereto, and works connected therewith Do Reserve Ardrossan-Jetty and approach thereto, including sidings and sheds Will Creek-Wharf and reserve, together with road approach from township of Price, and tramways, sidings, and wheat-stacking reserves connected therewith Curramulka.... Port Julia-Jetty and approach thereto, and works connected therewith SECOND |