Settled Land Act. or trustees of the settlement, shall not by reason thereof 7) The provisions of the thirty-first section of "The Real 8) The term "Deed" shall include any instrument executed in pursuance of the provisions of "The Real Property Act of 1861."+ Nothing herein contained shall be taken to require any person with a registered proprietor of land held under the provisions of d last-mentioned Act to inquire whether all or any of the proof this Act have been complied with in respect of the proposed PART IX.APPLICATION TO REAL PROPERTY ACT Persone dealing with registered proprietor not bound to inquire. THE NAVIGATION ACT OF 1876. 41 Vic. No. 3. An Act to Consolidate and Amend the Laws relating to the THE NAVIGATION ACT OF 1876. Division of Act. Marine Board Navigation Pilotage Harbors Lights and the keeping and carriage of Gunpowder.† [RESERVED: HER MAJESTY'S ASSENT PROCLAIMED, 20TH JULY, 1877.] E it enacted by the Queen's Most Excellent Majesty by and with Assembly of Queensland in Parliament assembled and by the authority of the same as follows 1. This Act is divided into eight parts The first part relating to the Marine Board its powers and func- The second part to the Examination and Certificates of Masters See also the Imperial Merchant Shipping Acts, 1894 to 1907, vol. Imperial Acts, title As to this Act not being affected by "The Local Authorities Act of 1902" (2 Edw. VII. No. 19) except as therein expressly provided, see section 6 (1) of that Aot, title Local Authorities. As to this Act not being affected by The Harbour Boards Act, 1892" (56 Vic. No. 26), see section 3 of that Act, title Harbours. As to penalties on masters, &c.. of ships in respect of prohibited immigrants, see the Commonwealth Immigration Restriction Act 1901 (No. 17 of 1901), ss. 9 et seq., as amended by the Immigration Restriction Amendment Act 1905 (No. 17 of 1905) and the Immigration Restriction Act 1908 (No. 25 of 1908). Preamble repealed, 8 Edw. VII. No. 18, s. 2, title Acts. Navigation Act. ird part to Steam Navigation and Regulation of Passenger essels >urth part to Safety and Prevention of Accidents fth part to Pilotage and Harbors ixth part to Light Dues eventh part to Gunpowder and other Explosive Substances eighth part to Legal Procedure. e construction and for the purposes of this Act and in all Interpretation. purporting to be issued thereunder the following words and shall have the several meanings hereby assigned to them e be something in the subject or context repugnant to such n that is to say e Board of Trade" the lords of the committee of Privy Council of Her Majesty appointed for the consideration of matters relating to trade &c. he board" the Marine Board of Queensland he portmaster" the person for the time being lawfully charged with the duties of portmaster of Queensland Jarbor master" any person appointed at any port in Queensland to perform the duties of harbor master at such port or any person acting for him Pilot" any person not belonging to a vessel who being duly authorised has the conduct thereof Vessel" any ship or other vessel used in navigation whether propelled by sail steam or oars Master" every person (other than a pilot) having command or charge of any vessel Passenger" any person carried in any vessel other than the master and crew Foreign going vessel" any vessel trading beyond the limits of a home trade vessel" and arriving at or clearing from any port or place in Queensland Home trade vessel" any coasting passenger vessel and also any vessel trading between any port in Queensland and any port or place in the Colony of New South Wales or between any port in Queensland and any other port or place that may be notified from time to time by the Governor in Council by proclamation in the Gazette "Coaster" every vessel trading under a transire only between any Coasting passenger vessel" any coaster carrying four passengers "Port" any port harbor haven roadstead channel navigable creek Part VI. repealed by "The Port Dues Revision Act of 1882" (46 Vic. No. 12), s. 2, a, this title. What vessels exempt from charges. Vessels belonging to Her Majesty. Treasurer may remit dues &c. in certain cases. PART I. MARINE BOARD. to consist of Governor in Council to fill up vacancies. Treasurer may Seal of the board. Onorum. Marine Board subject to control of Treasurer. Navigation Act. "Wharf" any wharf quay jetty pier or landing place 41 VIC. No. 3, "Raft" any log series of logs or timber either lying below high water mark or afloat "Ton" ton registered "Horse power " nominal horse power "Treasurer" the Treasurer of Queensland "Justice" a justice of the peace for Queensland "Explosive substance" any substance used or manufactured with a view of producing an explosive effect. 3. The following vessels shall be exempt from the provisions of this Act or any regulations issued in pursuance thereof except the payment of pilotage rates when the services of a pilot are actually employedVessels in the service of or belonging to Her Majesty All vessels of war belonging to sovereign powers in alliance with All vessels belonging to the Government of any of Her Majesty's All private yachts and all vessels belonging to any recognised yacht club in any part of Her Majesty's possessions Provided that such last-mentioned yachts and vessels shall be subject to any regulations made under the fourth part of this Act. 4. The Treasurer if he deem it just so to do may remit the payment of all or any part of any dues or charges payable under this Act. PART I.-MARINE BOARD ITS POWERS AND FUNCTIONS. 5. The Governor with the advice of the Executive Council may by letters patent under the seal of the Colony of Queensland constitute and incorporate a board to be called "The Marine Board of Queensland" to consist of a chairman and four other members such chairman being the Portmaster of the Colony for the time being and the Governor in Council may from time to time remove any member or members of the said board and fill up any vacancy that may occur in the said board and fix the amount of remuneration to be paid to the members thereof from the consolidated revenue. 6. The Treasurer may appoint any one of the members of the board to be vice-chairman who during the absence or disability of the chairman shall have and exercise all the duties and powers conferred upon the chairman by this Act or by any regulation made thereunder. 7. The board shall have and may use a corporate seal bearing such device as the Governor in Council shall approve and at the meetings of the board the presence of not less than three members shall be necessary for the transaction of business. 8. The board shall be subject to the general supervision control and direction of the Treasurer and shall at all times furnish such reports accounts vouchers and documents relating to any matter entrusted to or performed by the board as the said Treasurer may by any writing under his hand require and shall fulfil and carry out any directions which may from time to time be given in writing by the said Treasurer touching any matter entrusted to or performed or authorised to be performed by the said board. + Proviso repealed as obsolete, 8 Edw. VII. No. 18, s. 2, title Acts. Navigation Act. PART I. MARINE BOARD. iard how disqualified. y member of the board shall take the benefit of any Act for Members of of insolvent debtors or shall cease or neglect to attend the the board for a period of six months consecutively (except in ness certified by a duly qualified medical practitioner or of y permission of the board) the seat of such member shall be acant and it shall be vacant accordingly. the board. e powers authorities and jurisdiction of the board shall extend Jurisdiction of be exercised by them in and over any tidal waters in Queensfrom high-water mark to the distance of one nautical league to rom low-water mark along the coast line of Queensland and the hereof respectively. loard. bject to the control of the Treasurer the board shall after the Powers and ement of this Act have full authority and power within the authority of its jurisdiction to carry out the provisions of the second third th parts and also of any other portion of this Act in which any authority is expressly or impliedly conferred upon such board l when so directed by the Treasurer or when the circumstances ase may to them seem to render such a course necessary inquire any inspector appointed under this Act or any other person to into any matter connected with seamen cargoes shipping the nce of passengers navigation wrecks and casualties pilots and the preservation and improvement of any port and any works on or about to be carried on in any port for the use convenience y of vessels all matters connected with lights and lighthouses the vied or to be levied in any port and all questions which may arise whether the provisions of this Act or of any regulations made nder have been complied with and generally upon any matter ever in relation to which jurisdiction authority or power is by this nferred upon the board and the board shall when so directed or t shall appear to them necessary report the result of such inquiry Treasurer. of officers. The Governor in Council may appoint such secretaries inspectors Appointment her officers clerks and servants as he may deem necessary to carry xecution the provisions of this Act. The board shall continue to be the department wherein the Marine board ess of the shipping offices shall be conducted and the office of the to be shipping shall be deemed a shipping office. office. . The board may from time to time with the consent of the Board may surer in writing under his hand select and employ such number appoint and proper persons as surveyors for the purposes of the third and h Parts of this Act and at such ports or places as they may think er. surveyors. board vessels 5. The board may from time to time instruct any inspector or any Board may send eyor appointed by them as aforesaid or any other person to go on inspectors on d any vessel to report to them whether the provisions of the third and whenever th Parts of this Act or the regulations made under this Act have been necessary. plied with and also whether the hull and equipments and in the case steam vessel whether the machinery also of the same be sufficient in good condition or to report to them upon the nature and causes of accident or damage which such vessel has sustained or caused or is to have sustained or caused And the board may require the master to produce the certificate of Board may stry or other national papers of the vessel and may inspect and take require ies thereof or of any parts thereof production of papers &c. |