An Act to
to provide for the Construction of
Works in connexion with the Harbor at
Geelong.

[12th December, 1905.]

E it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :

1. This Act may be cited as the Geelong Harbor Trust Act 1905. Short title.

2. This Act is divided into Parts as follows:

PART I.-Constitution of the Geelong Harbor Trust Com

No. 1119 s. 1.

Division of Act.

Interpretation.

No. 1119 s. 3.

"Ballist."

"Board."

3. In this Act the following terms shall if not inconsistent with the context or subject-matter have the respective meanings hereby assigned to them:

"Ballast" includes every kind of stone gravel sand and soil and every commodity or thing commonly used for the ballasting of vessels:

"Board" means the Board of Land and Works:

"Buoys and beacons " shall include all other marks and signs of the sea:

"Goods."

"Fund" means the Geelong Harbor Trust Fund.

"Harbor-master."

"Master."

"Municipality."

"Owner."

"Owner of a ship registered."

66 Person."

"Regulations."

"River."

"Secretary." "Ship."

"Shore."

Goods" includes all wares merchandise and articles of
description:

"Harbor-master" includes assistant harbor-master:

every

"Master" includes any person having lawfully or de facto the command charge or management of a vessel :

"Municipality" or municipal district" includes Town of
Geelong :

"Owner" when used in relation to goods includes any consignor
consignee shipper or agent for the sale or custody loading
or unloading of such goods as well as the owner thereof:
"Owner of a ship registered" includes any person who is the
owner jointly with any other person or persons or as a
shareholder in any joint stock company registered as owners:
"Person" includes a corporation whether aggregate or sole and
any commission or other public body although not incor-
porated and persons trading together in partnership:
'Regulations means regulation made under and pursuant to
this Act:

"River" includes creek:

"Schedule " means Schedule to this Act:

"Secretary" means the secretary to the Commissioners:

Ship" includes every description of vessel used in navigation not propelled by oars:

"Shore" means the shore so far as the tide flows and re-flows between high and low water marks at ordinary tides:

"The

"The Port shall mean so much of the Port of Geelong the "The Port."
waters falling into it and the lands on the margin as is
included within the metes and bounds described in Part
I. of the First Schedule:

First Schedule.

"Vessel" means any ship lighter keel barge boat wherry raft "Vessel."
or craft or any other kind of vessel whatever whether navi-
gated by steam or otherwise:

"Wreck" includes jetsam flotsam lagan and derelict.

PART I.-CONSTITUTION OF THE GEELONG HARBOR TRUST

COMMISSION.

4. (1) There shall be three Commissioners for carrying this Act into

execution.

(2) Such Commissioners shall be appointed and may at any time be removed by the Governor in Council.

(3) One of the Commissioners shall be so appointed to be the Chairman, and shall be paid a salary at the rate of Four hundred pounds

per annum.

(4) Each of the other Commissioners shall be paid a salary at the rate of Two hundred pounds per annum.

(5) Such Commissioners shall be a body corporate by the name of The Geelong Harbor Trust Commissioners," and by that name shall have perpetual succession and a common seal, and shall have power to take purchase sell lease and hold lands tenements and hereditaments goods chattels and other property for any of the purposes of this Act subject to the restrictions herein contained.

"Wreck."

Appointment of

Commissioners who are to be a

corporation.

No. 1119 s. 4.

(6) All powers vested in the Commissioners under this Act may Quorum of be exercised by any two of the Commissioners present at any meeting Commissioners. of Commissioners.

(7) No act or proceeding of the Commissioners or any of them shall be invalidated or be illegal in consequence only of there being any vacancy in the number of Commissioners at the time of the act or proceeding.

Ib. s. 21.

Acts of

invalidated by vacancies.

Commissioners not

Ib. s. 29.

Seal of Commissioners to be judicially noticed.

5. (1) All courts judges and persons acting judicially shall take judicial notice of the incorporation and also of the common seal of "The Geelong Harbor Trust Commissioners" affixed to any deed instrument or writing, and shall presume that such seal was properly affixed thereto. (2) Such deed instrument or writing when sealed whether such Deed instrument instrument or writing required to be sealed or not shall be admissible or writing sealed in evidence for and against the said Commissioners on the mere pro- evidence. duction thereof without any other or further proof of the making of Ib. s. 5. such deed instrument or writing or of the due incorporation of the said Commissioners.

admissible in

6. Subject

Management of

vested in the Commissioners.

No. 1119 s. 54.

6. Subject to the provisions of this Act the exclusive manageport and shipping ment and control of the port shipping light-ships buoys beacons moorings wharfs docks piers jetties ferries landing-stages slips or platforms lighthouses and the preservation and improvement of the port generally is hereby declared to be vested in the Commissioners and shall not be interfered with by any person whomsoever save and except that the Commissioners shall not close or remove any ferry without first making adequate and suitable provision in place of the same for the accommodation of the public.

Request by Minister for report by

Commissioners on

7. (1) The Minister may at any time in writing request the Commissioners to propose in writing a scheme for effecting an increase of income or a decrease of expenditure, or for carrying out any matter of matters of policy. general policy specified by the Minister, and if the Minister approves of the same he may direct the Commissioners to take all necessary steps to carry out the same.

See No. 1250 s. 24.

Insolvents not to

be Commissioners.

No. 1119 s. 16.

(2) If the Minister does not approve of any scheme proposed by the Commissioners, he may himself transmit to them any proposition for effecting and carrying out such increase decrease or matter of policy, and thereupon the Commissioners shall take all necessary steps to give effect to such proposition.

(3) If any doubt or difference of opinion occurs respecting the provisions of this section the same may be finally determined by the Governor in Council.

8. No person being an uncertificated insolvent shall be capable be or continued to of being a Commissioner, and no Commissioner who is declared insolvent or who applies to take the benefit of any Act for the relief of insolvent debtors or who compounds by deed or instrument in writing with his creditors or who stops payment in the common mercantile acceptation of the term shall be capable of continuing a Commissioner, and the office of such Commissioner shall thereupon be vacant.

No person holding

office under or concerned in any Commissioners to be a Commissioner. Ib. s. 17.

Exception.

9. (1) If at any time subsequent to the appointment of any Commissioner he accepts or continues to hold any office or place of profit under the Commissioners or is concerned in any contract or participates in any manner in any work to be done under the authority of this Act, or derives or is entitled to any benefit either directly or indirectly therefrom, or is absent from four consecutive meetings of the Commissioners without leave obtained from the Commissioners in that behalf such person shall cease to be a Commissioner, and his office thereupon shall become vacant.

(2) No person being a shareholder or member of any company consisting of more than twenty persons shall be disqualified from acting as a Commissioner by reason of any contract entered into between such company