THE PORT DUES REVISION ACT OF 1882. 46 Vic. No. 12. An Act to Amend "The Navigation Act of 1876."* THE PORT DUES REVISION ACT Preamble. Act to be read with 41 Vic. No. 3.t Vessels to pay pilotage rates. Schedule 1. 41 Vic. No. 3, sees. 115, 116 amended, Vessels in ballast, or coal laden, to pay half-rate. Vessels returning to port from stress to pay Special rate for foreign and intercolonial vessels calling at more than one port. Special rate for coasters calling at more than one port. Coasters under fifty tons exempt. Intercolonial pay one rate Coasters (masters BE [ASSENTED TO 10TH OCTOBER, 1882.] E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: : 1. This Act shall be read and construed with and as an amendment of "The Navigation Act of 1876," hereinafter designated the Principal Act. 2.‡ 3. Every vessel, except as hereinafter mentioned, arriving from sea at, or departing to sea from, any anchorage named in the first schedule hereto shall pay pilotage rates according to the scale prescribed therein. Provided that (1.) Vessels in ballast, or departing to sea laden with coal only, shall pay one-half the pilotage rates prescribed as aforesaid. (2.) Vessels putting into or returning to port from stress of weather or other sufficient cause, and not landing or taking on board passengers or cargo, shall pay one-half the prescribed rates, and should any such vessel, when putting into or returning to port, and after making the proper signal, be unable from any cause to obtain the services of a pilot, and be compelled to enter port without a pilot, she shall pay no pilotage dues for such entry. (3.) Any foreign or intercolonial vessel, the master of which is not exempt from pilotage, shall, if cleared for more than one port in Queensland, pay one pilotage rate of eightpence per ton at the first port entered, and one pilotage rate of fourpence at the second port of entry, but shall not be required to pay any further pilotage at any other port included in her original clearance. (4.) Any coaster of fifty tons or upwards, the master of which is not exempt from pilotage, shall pay in addition to the pilotage rate at the port of clearance one pilotage of sixpence per ton at the first port of entry, but shall not be required to pay any further pilotage rate at any other port included in her original transire. (5.) Coasters under fifty tons, and not employing a pilot, shall be exempt from the payment of pilotage. 4. Every intercolonial vessel commanded by a master holding from the board a certificate of exemption from pilotage for any port, such certificate being applicable to the vessel and the voyage upon which she is engaged, shall pay once in every month in which she enters such port, a harbour rate of sixpence per ton. Every coaster commanded by a master holding from the board a certificate of exemption from pilotage for any port, such certificate being 4d. [perton] applicable to the vessel and the voyage upon which she is engaged, shall exempt) to pay one per month. *Not affected by "The Harbour Boards Act, 1892" (56 Vic. No. 26), title Harbours. See section 3 and also section 198 of that Act. +41 Vic. No. 3, supra, this title. Repealing section repealed, 8 Edw. VII. No. 18, s, 2, title Acts. pay once in every month in which she enters such port, a harbour rate of fourpence per ton. After payment of one such rate at any port, a vessel shall not be liable during such month to any further dues, at any other port for which the master holds a certificate of exemption, unless a pilot is actually engaged. Every coaster under fifty tons shall pay once in every month in which she enters any port, a harbour rate of twopence per ton. After payment of one such rate at any port such coaster shall not be liable during such month to any further dues at any other port, except pilotage when a pilot is actually engaged. Coasters to pay one rate per month. by foreign 5. Vessels whose original port of clearance and final port of discharge Dues payable are not within the colony, calling at any Queensland port, but not carry- vessels calling ing cargo coastwise, shall be exempt from the payment of pilotage rates, at Queensland but shall pay on all passengers and cargo landed or shipped, the undermentioned dues, that is to say For every ton of cargo For every passenger One shilling and sixpence. One shilling and sixpence. For every head of horses or horned One shilling and sixpence. ports. cattle For every sheep removal. 6. Every vessel not exempt from pilotage, and every vessel employing Dues for the services of a pilot for berthing or removal, or on board of which the berthing or harbour master or his deputy shall proceed for the purpose of berthing or removal (such removal not being for the purpose of leaving port), shall upon any occasion in which such vessel shall shift her berth, or be removed within any port, pay the dues set forth in the second schedule [Schedule 2.] hereto according to distance. any port to 7. Every vessel of fifteen tons and upwards trading within any port Vessels in Queensland, shall once in the month of January, and once in the trading within month of July in each year pay the highest pilotage rate per ton charge- pay six able in respect of such port. monthly dues. rates and dues. 8. All rates, dues, and charges paid or levied within the several ports Payment of of Queensland by virtue of this Act or the Fifth Part of the Principal 41 Vic. No. 3, Act, or any regulations made thereunder, shall be paid to the principal 8. 160. officer of Customs at the port where the same are levied; or if there is no officer of Customs* at a port, then to the harbour master or pilot; and shall be accounted for to the Treasurer and be by him paid into the consolidated revenue fund. for dues. 9. The following persons shall be liable to pay the dues and charges Persons liable payable by or in respect of any vessel under this Act or the Fifth Part 41 V. No. 3, of the Principal Act (that is to say) The owner and master and such consignee or agent thereof as may s. 161. 10. If any master, owner, consignee, or agent as aforesaid evades the Penalty for payment of any such dues or charges, he shall forfeit and pay a sum equal to the amount of the dues which he has evaded, and in addition a further penalty not exceeding twenty pounds. As to execution of certain duties imposed upon officers of Customs by State Acts, see Officers of Customs and Excise Act of 1901" (1 Edw. VII. No. 13), title Public Service. The evading 11. No light dues shall hereafter be levied at any port in the Colony of Queensland. 12. The storage rent for gunpowder or other explosive substances deposited in a Government magazine, as prescribed in the Principal Act, to be paid by the importer or proprietor thereof, shall be according to the scale set forth in the third schedule to this Act. 13.* 66 14. This Act may be cited as The Port Dues Revision Act of 1882." SCHEDULES. THE FIRST SCHEDULE. Minimum Pilotage Rates.† [See section 6.] Brisbane Roads or above Pilot Station, Moreton Bay Broad Mount or above the Light Ship, Keppel Bay White Cliffs, Great Sandy Island Strait, or above that anchorage... Section 13 substituted a section for original section 80 of the Principal Act, supra. For rates for the Johnstone River, Mourilyan Harbour, and Moreton Bay via Southport, see Regulations gazetted 19th November, 1887, 20th December, 1890, and 2nd July, 1892, respectively. 60 Vic. No. 31, 1896. Navigation Act Amendment. THE THIRD SCHEDULE. RATES FOR THE STORAGE, DEPOSIT, AND DELIVERY OF EXPLOSIVES. For each and every barrel or package containing upwards of fifty s. d. 1 0 0 2 For each and every barrel or package containing more than twentyfive pounds, and not more than fifty, for any period not exceeding six weeks 06 Ditto ditto above six weeks, per week 0 1 For every barrel or package containing not more than twenty-five pounds, for any period not exceeding six weeks 0 3 Ditto ditto above six weeks, per week For depositing in magazine, every barrel or package For other Explosives. *In addition to the foregoing rates there shall be paid on all other explosive substances, an increased rate of one hundred per centum upon the storage rates above specified, THE FOURTH SCHEDULE.+ Section 12. THE NAVIGATION ACT AMENDMENT ACT OF 1896. An Act to further Amend "The Navigation Act of 1876." 60 Vic. No. 31. [ASSENTED TO 21ST DECEMBER, 1896.] E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: THE NAVIGATION Аст AMENDMENT ACT OF 1896. 1. This Act may be cited as "The Navigation Act Amendment Act of short title and 1896," and shall be read and construed with and as an amendment of construction. "The Navigation Act of 1876,"‡ hereinafter called the Principal Act. And the Principal Act, “The Port Dues Revision Act of 1882,"§ and this 2 to 5. 66 recorded. c. 60, s. 436.] 6. (1.) The Board may, in any case or class of cases in which they ship's draught think it expedient to do so, direct any person appointed by them for the of water to be purpose, to record, in such manner and with such particulars as they [37 & 58 Vict. direct, the draught of water of any sea-going ship, as shown on the scale of feet on her stem and stern post, and the extent of her clear side in feet and inches, upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, and the person so appointed shall thereupon keep that record, and shall forward a copy thereof to the Board. This additional rate has been omitted by the Treasurer since the 11th February, 1884. + The Fourth Schedule (regulations for preventing collisions at sea) rescinded. See now Regulations of 16th May, 1901, published in the Gazette of 9th June, 1901. +41 Vic. No 3, supra, this title. 46 Vic. No. 12, supra, this title. Sections 2, 3, and 4 amended sections 43, 46. and 47 respectively of the Principal Act, supra. Section 5 (repealing section) repealed, 8 Edw. VII. No. 18. s. 2, title Acts. Marking of Marking of load-line. [57 58 Vict. 60, s. 438.] (2.) That record or copy, if produced out of the custody of the Board, shall be admissible in evidence in manner provided by this Act. (3.) The master of every British sea-going ship shall, upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, record her draught of water and the extent of her clear side in the official log-book (if any), and shall produce the record to any chief officer of customs* whenever required by him, and if he fails without reasonable cause to produce the record shall for each offence be liable to a fine not exceeding twenty pounds. (4.) The master of a sea-going ship shall, upon the request of any person appointed to record the ship's draught of water, permit that person to enter the ship and to make such inspections and take such measurements as may be requisite for the purpose of the record; and if any master fails to do so, or impedes, or suffers anyone under his control to impede, any person so appointed in the execution of his duty, he shall for each offence be liable to a fine not exceeding five pounds. (5.) In this section the expression "clear side" means the height from the water to the upper side of the plank of the deck from which the depth of hold as stated in the register is measured, and the measurement of the clear side is to be taken at the lowest part of the side. 7. (1.) Every British ship (except ships under fifty tons register employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts, and ships employed exclusively in trading or going from place to place in any river or inland water the whole or part of which is in any British possession) shall be permanently and conspicuously marked with lines (in this Act called deck-lines), of not less than twelve inches in length and one inch in breadth, painted longitudinally on each side amidships, or as near thereto as is practicable, and indicating the position of each deck which is above water. (2.) The upper edge of each of the deck-lines must be level with the upper side of the deck plank next the water-way at the place of marking. (3.) The deck-lines must be white or yellow on a dark ground, or black on a light ground. (4.) In this section the expression "amidships" means the middle of the length of the load water-line as measured from the fore side of the stem to the aft side of the sternpost. 8. (1.) The owner of every British ship proceeding to sea from a port in Queensland (except ships under fifty tons register employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts) shall, before the time hereinafter mentioned, mark upon each of her sides, amidships within the meaning of the last preceding section, or as near thereto as is practicable, in white and yellow on a dark ground, or in black on a light ground, a circular disc twelve inches in diameter, with an horizontal line eighteen inches in length drawn through its centre. (2.) The centre of this disc shall be placed at such level as may be approved by the Board below the deck-line marked under this Act and specified in the certificate given thereunder, and shall indicate the maximum load-line in salt water to which it shall be lawful to load the ship. (3.) The position of the disc shall be fixed in accordance with the tables used at the time of the passing of this Act by the Board of Trade, London, subject to such allowance as may be made necessary by any As to execution of certain duties imposed upon officers of Customs by State Acts, see “The Officers of Customs and Excise Act of 1901 (1 Edw. VII. No. 13), title Public Service. |