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PART II. DIVISION IX.
Weight and measurement.
Speed of vessels.
Rents, &c., in leases.
W.A. Act 17, 1902, s. 60.
S.A. 237, 1881,
General powers auxiliary to specific. Act 237, 1881, s. 37.
Regulations may be of limited or general application.
Penalties for breach
W.A. Act 17, 1902, 8. 61.
The Harbors Act.-1913.
(64) Exempting the Board from liability for damage to goods
(65) Limiting the time within which claims in respect of goods
(67) Regulating and limiting the speed of vessels within harbors;
(70) For all or any other purposes relating to the convenience and
103. The specific powers of making regulations, and of fixing or imposing rents, dues, rates, fees, charges, fines, and penalties respectively 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.
104. Any regulation may be made to apply only within the harbor or harbors or other place or places specified in such regulation, but unless otherwise specified shall apply generally within the limits of the jurisdiction of the Board and elsewhere within the
105. Any regulation
(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 expense 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
The Harbors Act.-1913.
106. (1) All regulations
(a) Shall be published in the Government Gazette ;
(b) From the date of such publication, or from a later date
(c) Shall be laid before both Houses of Parliament within
Publication and effect
(2) If either House of Parliament passes a resolution disallowing Disallowance by 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.
107. Regulations made under the "Marine Board and Navigation Regulations under Act, 1881," 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.
108. Any person who forges, assists in forging, or procures to be forged the seal or other distinguishing stamp or mark of the Board, with the view of evading any of the provisions of this Part, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years, with hard labor.
109. The master of any vessel who, after the service on him of notice in writing signed by the harbormaster of any harbor, or any officer acting on behalf of such harbormaster, does not forth with regulate such vessel within such harbor according to such 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.
S.A. 691, 1897, 8. 3.
Penalty on master or person on board for obstructing harbor
W.A. 17, 1902, 8. 65.
Harbormaster may slacken ropes. Ibid., s. 66.
Penalty for hindering him.
Harbormaster may make fast to another vessel.
S.A. 691, 1897, s. 4.
Penalty for hindering him.
The Harbors Act.-1913.
no person on board such vessel to attend to such directions, the 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.
(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 mooring, unmooring, placing, or removing the vessel, such master or other person shall be liable to a penalty not exceeding Fifty Pounds.
11. (1) If the master or any other person on board and in charge of any vessel moored or fastened within any harbor does 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.
(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.
112. (1) The harbormaster of any harbor may, for the purpose of removing any vessel from one place to another in such harbor, cause such vessel to be made fast to another vessel being at anchor or moored to any buoy, wharf, or pile.
(2) Any person who hinders the harbormaster, or any person 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.
The Harbors Act.-1913.
(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.
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
(b) Casts, or causes to be cast, or suffers to fall, any such substance 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 lowing offences, that is to say
damaging lights, buoys, or beacons.
(a) Injures any lighthouse or lightship or any harbor light, or W.A., 17, 1902, s. 69. the lights exhibited therein, or any buoy or beacon; or
(b) Removes, alters, or destroys any lighthouse, lightship, harbor light, buoy, or beacon; or
(c) Rides by, makes fast to, or runs foul 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.
Cf. S.A., 237, 1881, s. 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,
PART II. DIVISION X.
Penalty for wilful damage to works.
Ibid., s. 71.
Penalty for wilful damage to lights. Ibid., s. 72.
be placed within
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.
116. Any person who wilfully destroys or in any way damages or injures any wharf, shed, roadway, building, or other harbor work 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.
117. If any person wilfully or negligently breaks or damages or takes away any lamp or other appliance used for the purpose of 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.
118. (1) If any person erects, builds, or makes any wharf or beacons, &c., not to embankment, or any building or work, or drives any pile or beacon, or lays down or places any slipway, chain, mooring, or buoy at any place within the limits of the jurisdiction of the Board without the permission in writing of the Board first obtained, such person shall be liable to a penalty not exceeding Fifty Pounds.
jurisdiction of Board without permission.
Act 237, 1881, s. 395.
No shipment or
Act 917, 1906, s. 7.
(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.
119. (1) No person shall at any time during any Sunday or Good unshipment of goods Friday ship or unship, or cause or permit to be shipped or unshipped, 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 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.
Master of every ship to obtain certificate before leaving port.
S.A., 814, 1902, s. 30.
(2) Any person committing a breach of this section shall be liable. to a penalty not exceeding Two Hundred and Fifty Pounds.
120. The master, officer, or person in charge or control of any 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