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(1)

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©State of Queensland

(2)

Minister for Water Resources and R/Iaritime Services

BY AIJTHOKITY

S . K. HAMI’SON, G O V E K N M E N T I’RINTEII. ()I IEFNSl -\Nl>-lOXX

(3)

age 7 . . . . . . B

* . . . . ^{* .}. . . .

.

. . .

.

. . .

.

. . . ^a . . 203 Index

.

(4)

[Reprinted as at 1 June, 19881

As amended by

Commenced 23 March 1968 (Proc. pubd. Gaz. 23 March 1968, p. 1206).

Part I1 and First Schedule in relation to this Act commenced 1 July 1973 (Proc.

pubd. Gaz. 16 June 1973, p. 1460).

Commenced I5 May 1976 (Proc. pubd. Gaz. IS May 1976, p. 435).

(5)

2 s . 1 HARBOURS ACT 1955-1987 8 . 3

An Act to Consolidate and Amend Certain Acts and for other pur

advice and consent of the Legis1 liament assembled, and by the aut

4

U>

^ctmay be cited as ‘‘

1955.”

.

Except as herein othexwis te to be fixed

in the Gazette.

CoileGtive title conferred by Act of 1987, No. 63, s. 3 (2).

C o ~ m e ~ c e ~ 1 January 1956 (Proc. pubd. Caz. 17 December 1955, p. 1925).

arts as ~ 0 1 1 0 ~ ~ : -

gets (ss. 105-106);

(6)

s. ~ A ~ ~ ACT O U1955-1987 ~ S ISCELLANEOUS (SS. 1.37- f 68B);

$ART I)sL--]FACILITIES FOR ]LOADING SUGAR IN

CHEDULES.

[The following abbreviations are used in the marginal notes to this Act:-

e Harbour Dues Act of 1893.99 Act of 1895.”

rds Act, 1892, A ~ e n d ~ e n t rds Acts A ~ e ~ d ~ e ~ t Act

e Harbour Dues Acts ^A ^~ ^~ ⁿ ^d ^~ ^~ ^~ ^~

.I,. A c t - 6 ~ ~ ~ e Land Acts, 1910 eo 1955.”

.Z. A c t - “ ~ u r b o z ~ r ~ Act, 1950”

As arnended by Act of 1976, No. 42, s. 3; Act of 1979, No. 26, s. 75; Act of 1982, Marginal notes-Notes which originally appeared as marginal notes are printed herein No. 14. s. 4; Act of 1987, No. 63, s. 4.

as headnotes to the sections,

st r

Provided that, but without limiting the operation o f “The Acts

~ n ~ e r p r e t a t ~ o n Act of 195

(ii)-

(a) For the purposes o f this Act, the several Ha

~ n c ~ r p o r ~ t e ~ under the repea

tely prior to the ~ ~ m ~ e n c e in ~ ~ i s t ~ n c e as, and shall u

oards for the harbours for which

(7)

4 9. HARBOURS ACT 1955-1987 ^S.

ectively constituted and incorporated, and one of them shall be deemed to have been

shall be subject to this Act;

to have been defined shall be subject to this

n ~ ~of its ~ e m b e r s ; ~ e r

(8)

S. HARBOURS ACT 1955-1987

ackay Harbour oard shall continue to have and may e under and fo the purposes of this Act the powers conferred upon that Board by section 2 3 ~ of “The Mackay

~ ~ r b o u r Board Act, 1896,” and for this p u ~ o s e the provisions of that section 2 3 ~ shall continue as if the repealed Acts had not been repealed;

(iii) The repeal of the repealed Acts shall not of the oace or employment of any oflicer or employe of the Treasurer of ~ueensland or of any Harbou men ti one^ in this proviso, but every person who the commencement of this Act is such an oflic thereafter continue in his oace or employment

(iv) All ~ e b e ~ t u r e § , bonds, or e ~ u r i t i e ~ whatsoev led Acts in respect f any moneys bo

immediately prior to the commencement of this oncerns the holder or owner thereof and his rights

med to have been res~ectively issu this Act;

(v) All w o ~ ~ s , matters, and things comme~ced under the repeale Acts and in progress i mediately prior to the commence~ent of this Act may be continued d completed under this

(vi) All works authorised or d i r e ~ t e ~ to be made or c o n s t ~ ~ t e d by or under the repealed Acts and not commenced imme~iately prior t the commenc~ment of this Act, shall be deemed au or directed to be made or c o n s t ~ c t e d by or under t be made and constructed in accordance with this Act;

obligations of, or render defective The Corporation of the Treasurer her~inbefore mentioned in this p

might have been commenced or conti commencement of this Act by or Harbour Board as constitute^ unde or continued by or against it as consti of this Act;

t a (vii) The repeal of the repeale

11 lands vested in The Corporation of the Treasurer of and r e ~ a i ~ i n ~ so vested i m ~ e d i a t e l y prior to the commencement of this Act shall continue to remain vested, subject to this Act, in the said C o ~ o r a t i o n , and all lands (including lands reserve or set apart and placed under the control and ~ a n a ~ e m e n t of the sai C o ~ o r a t i o n ~ and all other property, including moneys, held howsoever under the repealed Acts or any other Act by the said C o ~ o r a t i o n remaining so held immediately prior to the commencement of this shall be retained and applied by the said Corporation under and subject to this Act;

(9)

6 s, 9.

(10)

proc shall abate or be anyt ntained in this Ac

As a ~ ~ by nAct ~of 1976, ~ d No, 42, s. 4.

Ufnle§S

(11)

8 s. 8 HARBOURS ACT 1955-1987

(b) has made a~angements within the State for or in conne~ion with the repair or berthing of the ship or the carriage, loading or unloading of cargo, stores, or bunkers;

“Air Cushion ~ e h i c ~ e ” ~ A vehicle which is desi supported, when in motion wholly or partly by

from the vehicle to form a cushion between the under- surface of the vehicle and the water, land or other surface over which the vehicle is poised or moving;

~‘Bal~ast’’-Includes any material or thing used for the ballasting of any vessels;

‘%each Protection Authority”-The Beach Protection Authority constituted by the Beach Protection Act 1 ~ 6 ~ - 1 ~ ~ 6 ~

“”Boat”-Every description of ve el used in navigation not bein a ship as defined in this s

“Buoys” and “beacons”-Includes, in addition to buoys and beacons, all other marks a aid of navigation^

‘ ~ ~ ~ a ~ r m a ~ ” - I n relation to a oard, includes, when necessary, the person wh me being is lawfully acting as chairman: here a Local Authority is appointed pursuant to section ^A to carry on the functions of a disso~ved arbo our Board, the term means the chairman, as d e ~ n e d by the Local ~ o ~ ~ r n ~ ~ n t Act 1935-1981, of that Local Authority;

““Coast”--All land, including the bed and banks of any river, stream, watercourse, lake or other body of water-

(a) that is situated above mean high-water mark at spring tides of any tidal water and within 400 metres, measured by the shortest distance, of that mark

(b) that is situated below mean high-water mark at spring tides of any tidal water:

The term applies with respect to every island forming part of the State;

“Coastal m a n a g e m e n t ” ~ ~ h e works, activities, maintenance and other matters considered by the Beach Protection Authority to be necessary or expedient to protect the amenity of the coast and, subject thereto, to minimize damage to property from erosion or encroachment by tidal water;

~~“Construct”-~n relation to any harbour works or other works, appli~nces, and things includes any one or more of the following, as may be appropriate-construct, erect, make, lay down, provide, place, undertake, carry out, execute, alter, and extend; and, without derogating from the aforegoing, a power to construct any harbour works or other works, appliances, and things sha

,

unless the context otherwise in~icates or requires, inc’t e a power to acquire, whether by purchase or o t h e ~ i s e , the same;

‘6~angerous ~ o o d s ” - ~ o o d s which, by reason of their nature,

~uantity or mode of storage are liable either singly or

(12)

s. 8 HARBOURS ACT 1955-1987 s. 8 9

collectively, to endanger the lives o f persons on or near a harbour, or to imperil any ship or property in or near a harbour: The term includes oil, explosives and any other goods which are declared by by-law to e dangerous goo for the purposes o f this Act;

irector of the Department ^{o f}

‘ ~ ~ o r e ~ ~ o r e s ~ ~ or “Tidal lands” uch parts ofthe bed, shore, or banks, o f the sea or of

navigable river) as are ordinarily cover ebb of the tide at spring tides;

rbours Corporation Fund kept pursuant to s all wares and merchandise and all chattels,

.

( ~ e ~ e a ~ e ~ ) .

s. 26 repealed by Act of 1987, No. 63, s. 16.

Repealed by Act of 1987, No. 63, s. 17,

cil may at any time remove from ofice

that day;

eading repealed by Act of 1987, No. 63, s. 74.

s. 28 s u b s t i t ~ t e ~ by Act of 1987, No. 63, s. 18.

1) A member of a o arb our (b) if he js deemed, pursuant to section 28 (3), to have vacated a ~ a n c y o c ~ ~ r s in the office o f a er of a the currency of his term of appoin another

(23)

20 s.30 ~ A ~ ~ O U ~ S ACT 1955- 1987 ^9.35

person may be a ~ ~ o i n ~ e ~ as a ~ e ~in accor ance with section 19, ~ e r to fill that va~ancy.

(3) The appointment of a person a pointed to fill a casual v shall

o f hi to continue for as lo g as the a ~ ~ o i n ~ ~ ~ n t

sua1 vacancy not occurred.

Substituted by Act of 1987, No. 63. s. 19.

Repealed by Act of 1987. No. 63, s. 20.

eading repealed by Act of 1987, No. 63. s. 21.

eading repealed by Act of 1987, No. 63, s. 23.

s. 33 repealed by Act of 1987, No. 63, s. 23.

epealed by Act of 1987, No. 63, s. 24.

(24)

s. 36 HARBOURS ACT 1955-1 987

( 5 ) If, as indicated by the Order in Council dissolvi the Board is dissolved for the purpose of constituting tha by a~pointment of the whole number of its members, t

(a) whenever the

overn nor

in Coun~il deems it so n e c e s s a ~ , intments of members of that Board shall be made

(b) the provisions of section 36 (2) shall apply for the ~ ~ ~ o s e of enabling the powers, authorities, functions, duties and

ns of the Board to be exercised and ~ e r ~ o r m e ~ and d constituted, if necessary, ring the period while

arbours ~ o r ~ o ~ a t i o n . nce with section 19; and

remains dissolved, by the and abolished, then -six of this Act sha e functions, a ~ t h ~ r i t i e s , powers,

ard, in relation to the harbour for wh uted, to be exercised and perfor

rder in Council di

~ o ~ o r a t i o n .

~ e a ~ i n ~ repealed by Act o f 1987, No. 63, s. 74.

s. 35 as amended by Act of 1976, No. 42, S. 61; Act of 1987, No. 63, s. 25.

ernor in 430uncil Gazette a ~ ~ o i n t th such period as the

(25)

22 S * 3 0 A OURS ACT 1955-1987 s. 3 6 ~

and with all necessary adaptations, apply in relation to the arbo our§

arbour Board constituted for the harbour ation as if it were the

by the Order in Counci nd abo~ished, then the authority, shall, subject to

constituted for the harbour for which the nctions, autho~tie§, ut

limit in^

any other pow

or in Council by this Act, the Governor time by Order in Council p u b ~ i s ~ e d in th directions and make all such

relation to the Bands, pro

~ t h e ~ i s ~ , for the ~ u ~ o s s~b§ection, and eflfect

as if they were enacted herein.

accordance with section

As amended by Act o f 1976, No. 42, ss. 8, 61; Act o f 1987, No. 63, s. 26.

retain its name and c o m ~ o n seal;

(b) the resolutions of the Local A u t h o ~ t y made in respect of the carrying on of the functi~ns of the ~ a r ~ o u r Board shail~

for the purposes of this Act, have the same effect as resolution$

(26)

s. 3 6 ~ ~ A R ~ O U R S ACT 1955-1987

of a

meet in^

of the members of a r o f ~ e m b e r s ;

of the Board shall, ex pt insofar as they ap to meetings and members of the oard, contin~e to ap in respect of the harbour in qu ion until they are d revoked or varied pursuant to this Act;

(d) any matter req meeting of the

of the Local A ~ t h o r i ~ y called for that purpose; an

y this Act to be resolved at a special shall be resolved at a sp

other provisions of this Act, vision (other than this section rt, shall with a

in respect of the harbour.

force and effect

cal ~ o ~ ~ ~ ~ ~ ~ n ~

(27)

24 8.37 HARBOURS ACT 1955-1987 s* 3

1 subject to this section, an a the ~ o ~ n c i ~ o f the City may, on and from the

or revo~ation ch variation, s

of this s ~ ~ s ~ ~

t made between the Treasurer a uant to that Act,

Inserted by Act ~f 1982, No. 14, s. 12; as amended by Act of 1987, No. 43, s. 27.

(28)

H ~ ACT 1955-1987 ~ B ~ 23.42 25 ~ ~ ~

Repealed by Act of 1987, No. 6 3 , s. 30.

during such time as a vacancy exists in the office o f chairman, the chair ma^ thereof shall be

authority under this section unless and until the contra^ is proved.

(2) A deputy chairman o f a oard acting in the office of o so act pursuant to due

the times at which it will meet t the place herea at it nd may meet at such ard by resolution to be transaction of business place accordingly.

(2) The c ~ ~ i ~ a n shall preside at all meetings of a at which he is present.

rf the the deputy

If both the chairman and deputy chairman are absent from a ars’

he an is absent from any meeting of a Harbour

an shall preside at the meeting.

arbour Board, the members present at that appoint one ^{S U G ~}member to act as chairman of that me member so appointed may so act.

(3) Unless otherwise expressly provided, all powers conferre ard may be exercised, and every question before a Harbour

be decided, by a majority of the members present at a y held and by open voting.

11 meetings o f a ard, unless otherwise expressly provided by this Act, all mem

Provided that if a member refuses to vote his vote shall be counted for the negative.

(5) The chairman of each meeting shall have a deliberative vote and, in the case o f an equality of votes, shall also have a casting vote.

(6) No business shall be transacted at any meeting of a Harbour oard unless a majority of the whole number of members are present

ent shall vote:

when such business is transacted.

(29)

(30)

s. 4% HARBOURS ACT 1955-1 987 s.43 27

contract, ^OFother matter relating to that company or other body or to that person which may be the subject o f consideration after the date of the notice.

be kept for the p u ~ o s e pa~iculars of every disclosure every notice given under this subsection, and the book at all reasonable hours to the inspection of any

Board.

er ~ h o fails to e tion shall, unle (e) The secretary of the Harbour

y with the prov proves that he a cont~act, proposed contract, or other matter in pecuniary interest was the subject o f consideration a a m e ~ b e r of the

shall be ~ e e ~ e d

t, and upon conviction his ofice as hall become vacant and the vacancy

in~erest as aforesaid is under consideration.

As amended by Act o f 1963, No. 19, s. 5; Act of 1987, No. 63, s. 31.

herein shall be construed to prevent to a later hour of the same day on w

shall be read by the secreta^.

(31)

28 s. H A ~ B O ~ ~ S ACT 1955-1987 s. 46

notice of the intent~on to propose such revocation or alteration is given to each of the members f o u ~ e e n days at least before holding the meeting at which the revocation or alteration is to be proposed; and, if the eater than the ot be revoked

as is stated in the notice ~ h e r e o ~ oar

f o l l o w i ~ ~ ~

(i) Appoint out of its umber committees, either for genera^

special ~ u ~ p o s e s ;

legate to a commit~ee power to o any act or hold any i n q u i ~ which it may think fit;

~ u ~ r u m of a committee.

(2) Subject to

oint one o f its c ~ m m i t ~ e e may from time to time tkereoc and every such committee shall report to th

(3) Subject to this Act, a committee may meet from time to time, and may adjourn from place to place, as it thinks proper, but no busin~ss shall be t r a ~ s a c t e ~ at any meeting he committee unless the q u o r ~ m

members fixed by the Harbour ard, and: if no quorum is fixed, o members at the least, are pres

of a committee, the hairm man of the committee esent at any meeting, the t one such member to act as chai~man of that ~ e ~ t i n g and the members so appoi~ted may so act.

A11 questions before a committee shall be decided by a majority of the members present at the meeting.

chairman is not at that

meet in^

may app

(32)

~ A R ~ O ~ R ~ ACT 1955-1987

The chairman of each meet of a committee shall have a an equality of votes, shall also

~e~iberative vote and, in the case

shall be kept by the se of the chairman o f the

As amended by Act of 1982, No. 14, s. 14.

unnecessary or unreasonable under the circumstances.

(b) Any resolution o f a Harbour Board rescinded by the Governor void ab initio unless the Governor in Council ate, in which case the resolutio~ concerned shall

such specified date.

In any case where a resolution so ~escinded empowe~s or a u t h ~ ~ ~ e § to empower or authorise the making by or on behalf of a

ard of any contract or agreement or the acceptance by or in Council sh

specifies some be void on an

(33)

30 s.47 ~ A R ACT ~ 1955-1987 ~ ~ ~ S

on behalf of a

by or on behalf of a Harbour whatsoever, any such contract

been made or any such tender accepted or p u ~ o accepted or any such other act, matter, or thing

have been done in pursuance of such resolution shall be v oard of any tender or t

ard of any other agreement made

hen, in pursuance of this section, any contract or a ~ r e ~ ~ ~ n t

or, as the case may

done prior to such later date.

or whose contract with a r and in ~ u ~ s u a ~ ~ e of thi

If such member does enforced accordin~ly.

(34)

s. ARBOURS ACT 1955-1987

correct.

As amended by Act, of 1982, No. 14, s. 15.

may pay to a me

(35)

fees as it fixes from time to time by resolution and expenses necessarily incurred, in respect of any attendance at-

arbour Board nces which atten~ance is a u t h o ~ ~ e d

ay of fees only to a member under (i) meetings and committee meetings of the

and inspections authorized by it;

i tat ions and con~erences of or on not in any year exceed the sum presc in Council.

For the p u ~ o s e s o fees” shall include any

amount expended by a urpose of a contract of

i~surance for the insu oard pursuant to

section 4813 or, where a contract of insurance relates to more than one member, the p ion of the amount expended a~propriate to the insurance cover provide for the member in ~uestion.

Inserted by Act of 1976, No. 42, s. 9; as amended by Act of 1980, No. 30, s. 3; Act of 1982, No. 14, s. 16.

arbour Board shall enter into overnment Insurance Office (Queensland) or with any insurer a u t h o ~ ~ e d to carry on insurance business in ~ u e e n s ~ a n d under the Insurance Acts 6973 of the Commonwealth or the I n s u r ~ n c ~ Act ~96U-6975 for the ins~rance of every member of the Harbo

in the course of-

Board against per the course of his further personal inj

(a) his direct journey to obtain a me ical certificate or to receive medical, surgical or hospital treatment or to receive payment under such contract of insurance; or

rect journey to his place of abode after receivin cate, treatment or payment,

Every such contract of insu nce e n t e r e ~ into shall be for the benefit of each” member insu

member results from

member’s dependants or for the benefit of the dep ndants of an ex- member whose office became vacant as a result of his injury), and shall, as far as practicable, provide benefits at least equal to compensa~ion

~ a ~ a b l e under the Workers’ C o ~ ~ ~ ~ . ~ a ~ i o n Act 1966-1980 to a worker as defined by that Act.

g anything to the contrary contained in this Act, ur Board is present at a meeting of the Harbour ct or proposed contr ct or other matter under t for co~sideration he shall be entitled to take part in the ~ o n s i ~ e r a t i o n or discussion of, or vote on any ~uestion with respect to, the contract or proposed contract or other matter.

thereunder (or, in the case where injury insured against, for the ben

(36)

s. 49 HARBOURS ACT 1955-1987

(3) All expenditure by a Harbour oard in respect of any contract iture in respect of the under this section shall be deem

~ a n a g e m e n t of the office of the (4) In this section-

{a) the expression “personal injury” includes a disease contracted ard in the course of his ofice or in the course of y a member of a

erfo~mance of the du

a journey specified in this section;

(b) the expression ^“uties of his oflice” includ rnittee meetings of the s authorized by it, attendance at d

etings which attendance is

~d and his journeyi~g dire

from such a meeting, inspection, deputa~ion or confer~nce.

Inserted by Act of 1976, No. 42, s. 9; as amended by Act of 1982, No. 14, s. 17.

~ I V I ~ ~ O N V-OFFICERS AND EMPLOYEES

s, etc ^{1 9}S .

to ti and

employ a collector of dues, and all such other officers and employees to assist in the execution of this Act as it thi proper, and may from time to time remove or discontinue the e or e ~ p l o y m e n t of any of those persons and appoint others in the place of such as are so removed or as die or resign,

tion authorize the chairm on on Harbo

‘

autho~zed accord~~gly.

respect of all classes of employees ^OFany class of employee of the ard and, until such r~solution is rescinded, such person shall be

$~laries, wages, an all lawful allowances shall be paid out of ard may pay to its officers and employees or any of them such salaries or wages as well as such allowances for the perfor~jng of the duties of office or e ~ p l o y m e n t

bei in^

allo~ances other than those p r e s c ~ b e ~ for the time being by the by-laws) as it thinks reasonable, but so that no such allowance shall be by way of a lump sum or be granted or varied to have retrospective effect beyond three months immediately prior to the date when that grant or variation is made:

derogate from the provisions of “The ~ n ~ u ~ t ~ i a l ~ o n ~ i l i ~ t i o n and A ~ b i t ~ a t i o n Acts, 1932 to 1953,” or of any award or industrial agreement within the meaning of those Acts.

rovided that no provision of this ivision of this

(37)

~ A R ~ ACT ~ ~195.5-1 R S987 s. 5

is the duty of any

As amended by Act of 1976, No. 42, s. 10.

Inserted by Act of 1980, No, 30, s. 4.

(38)

s. 52 HARBOURS ACT 1955-1987 s.53 35

the a p ~ o i ~ ~ ~ e ~ t .

proposed contract if he would have been so treated by virtue o f

(39)

36 s . 5 3 HARBOURS ACT 1955-1987 ^S.5

paragraphs (b) or (c) of subsection seven o f section forty-two of this Act had he been a member of the Harbour Board,

(b) An officer of a oard shall not, under cover or by virtue of his office or e exact or accept any fee or reward w~atsoever other than his

perform, or engage the service of the he prior approval of he is employed w i

and receipts r e l ~ ~ i n

up such vouchers and receipts, or to so pay the balance, or to so deliver , property, matters, and things.

who fails to obey such order shall be guilty of an offence d upon conviction may be sentence^

to i ~ ~ ~ s o ~ ~

such papers, writi ny person so orde

ot e x c e e ~ i ~ g six months.

son who has ee to hold oflice or be e rd, and no such proceeding shall deprive t

(4) Any proceedi section may be taken and

other r e ~ e d y which it might have against that person or against any surety for that person.

As amended by Act of 1982, No. 14. s. 19.

(40)

s . 5 H A ~ B O U R ~ ACT 1955-1987

PART 111-POWERS AND DUTIES ^OFHARBOUR BOARDS

CONTRACTS

c

^yfor its corporate name enter into

~ o n t r a ~ t s with any person for the construction of any harbour works, or any other works or under this Act permitted or a ~ t ~ o r i s e d to be construc~ed by the ard, or for the f ~ r n i s ~ i n g of any mate

ur, whether one with the other, or for the ~urchase or con~truct rovision o t h e ~ i s e of

machine^

or appliances of any kind, and any other contracts necessary or conve

out any of the objects for which the such manner, and upon such terms restricti~ns as t oard t h i n ~ s pro

s of this section-

t for the purpose o f rd has been constit

s, stipulations,

“person” includes a Crown instrumentality or an i ~ s t r u Crown in right

of any other representing the Crown;

~ o ~ m o n w e ~ l t ~ .

As amended by Act of 1980, No\. 30, S. 5; Act of 1982, WO. 14, s. 20.

to be in writing and under seal, sha der the common seal of

in the same manner.

(2) Any contract which if made between private persons would by law be require

same manner.

( 3 ~ ) (a) ~ o t w i t h s t a n d i n ~ the provisions of subsections (2) an oard may authorize the secretary generally and the secretary referred to in those su~sections, on its ~ e h a l f to enter into contracts referred to in either o f those s~bsections for the execution of any work may in turn authorize another officer of the Board (either ge

in a particular case), in lieu o f the chairman or any two

O r

ers

(41)

38 s.55 HARBOURS ACT 1955-1987 s. 55

or the

furnish in^

of any goods or any ~ a t e ~ a l s of a value not e x c ~ e ~ i ~ g the cost of the co~tract has been

the Board; or r ~ s c ~ ~ e d a ~ o u n t if-

(ii) the cost o f the contract has been approved by the emergent, e x t ~ a o r d i n a ~ or u ~ f o ~ e s ~ e n circu

,

in either case, vary

c o n t ~ a ~ t ent

(42)

s. 56

(43)

ARB^^^^ ACT 1955-1987 ^9.56

exceeding the amount prescribed but not exceeding the amount prescribed under subsection (1), unless and until it has invited quotations for such

in such manner as to encourage a reason~b~e m oard may accept the ten

cumstances appears to it to be or quotation which most advantageous, In determining which tender or ~ u ~ t a t i o n is the most advanta~eous

ons of section 107 or by way of subsidy paid by rbour Board shall take into consideration the asurer at the material time in relation to the ions of su~sections ( I ) and (2) in the case of a sale of land or it may decline to accept any of the tenders or quotations.

f a contract for the furnishing of any goods or either w ~ ~ ~ l y or partly by way of money borro p ~ r § ~ a n t to the pro

the Treasurer, the requirements of th

granting of

reference

to manufacturers.

(4) (a) ~otwithstand and su~ject to section 66 or of any surplus goods

(i) may sell the land, goods or materials by public auction;

(ii) may, where the valu and, goods or materials in does not exceed the prescri

~ a n n e r as it thinks fit;

and, goods or m a t e ~ a l s in the exceeds the amount presc it does not elect to sell the goods or materials by public auction, invite tenders i manner required by subsection (1).

opinion of the I-Iarb

In. any case where, pursuant t any land or any surplus g uction and a sale does no

that the sale price in respect of the sale e less than the highest amount that was for sale by tender or public auction as rivate contract s

er circulating in the locality the day, the public auction will take place and as the case may be, surplus goods or intends to of5er for sale by public not more than 14 nor less than 7

(44)

HARBOURS ACT 1955-1987

days before the date ofthe public auction, cause to be affixed on some conspicuous part of the land a notice setting out the day, time an

lace when and where the public auction will take place and a fu ion of the land.

blic auction to which this subsecti~n

otherwise ~ e t e r m i ~ e s .

section does not apply to leases nc be 6:

p u r s u a ~ t to section 65, unless the ur d 0th (7) Subject to section 66, the provisions of this section do not

where the contract to

y, any corporal

by it.

(45)

sard may do all such acts and things as may be xercise of any of the e ~ e s s a ~ for or incidental to the discharge o

uties, powers, fun~tions, or a ~ t ~ o r i ~ i e s o f the

Heading repealed by Act of 1987, No. 63, s. 74.

Inserted by Act of 1987, WO. 63, s. 32.

our researc

(46)

6 . 5 8 C H A R ~ ~ U R ~ ACT 1955-1987 s.59 43

(bj any body, authority or association, whether i ~ c o ~ o r a encourage and uninco~orated, created or formed

co-operation amongst the Port or

the States and Territories of the ~ o m m ~ appropriate authority of the ~ o m m o n ~ e a ~ t h and the appropriate authorities of 0th

~ o v e r n ~ e n t s or any of them;

and

(c) bodies, authorities or associations formed to encour foster co-operation a ongst

er sons

i n ~ o ~ v e d in t

operations or in recreational activities which include the use o f water areas.

arbour ~uthorities of

here pursuant to subsection ( authority or association, a may, with the approval of the rate or other governing body o

d may pay such contributio~s as me of the body, a ~ t ~ o ~ t y or association

Inserted by Act of 1987, No. 63, s. 32.

aking of such contributions.

Inserted by Act of 1987, No. 6 3 , s. 32.

same;

a~noyances, a abuses ~ h a t s o e ~ e ~ in harbour, or on the banks and foreshores thereof, which may, (cj Abate and re ents, o~structions, a

(47)

44 s.59 ~ A ~ B ACT O ~1955-1987 ~ S 5. 59

in the opinion of the Board, be injurious to the harbour, or obstruct ox" tend to obstruct the free navi~ation thereoc (dj Scour, reduce, or remove any shoal, bank, or accurnulation

oard, impedes the navi (e>

(0

Gut the banks ofthe harbour for the e n ~ a r ~ i n ~ , or repairing any dock or c or r at er course, or of constructing,

d or remove any angle on the shore or in

oard, and, ~ i t h o ~ t l i m i ~ i n ~ the

(48)

s. 59 HARBOURS ACT 1955-1987 s.59 45

storage and conveyance of oil of any description, including spirit produced from oil or of any product whatever;

(e) Construct, maintain, operate, regulate, use, and regulate the use of, or grant or allow to any person upon such terms as to payment and otherwise as may be agreed on the right of constructing, maintaining, operating, and using any tramway or railway or road in or upon any wharf or dock, or upon, in, or through any land, vested in or held howsoever by the oar$, for the conveyance of oods and passengers, or both of these purposes.

on to that harbour, it 1 by Order in Council

sal (other than for works Council under section inion that the exercise of any of the s in regard to coastal g those powers, refer respect thereof to the shall consider the effects the

ose powers in res

(a) ~ ~ r ~ ~ a n t to subsect ard may, subject to such conditions as it may specify, exercise any of the powers under subsection (1) in respect of its proposal;

(49)

HARBOURS ACT 1955-1987

(b) pursuant to su~section (4) (b)-

(i) the Authority shall set out its r asons for ~s~ecifyin may exercise those powers in respect of its proposal, subject to

the con~itions speci conditions as it may specify an by the ~ u t h o ~ t y ;

oard still desires to exercise those powers in respect (but not s ~ ~ j e c t to all or

ified by the ~ u t h o ~ t y ) , the rele~~ant to its pro

§ ~all in for^ ~ ~ ~ t inister for his con§i~eration;

section (4) (e)---

shall set out its reasons for objecting to the exercise of those powers;

and

owers in respect all i n ~ o r m a t i ~ n nister for his

head in^ repealed by Act of 1987, No. 63, s, 74.

s. 59 as amended by Act of 1959, 8 Eliiz. 2 No. 1 1 , s. 5 (1); Act o f 1980, No. 30, s. 8; Act of 1987, No. 63, s. 33.

Section 5 (2) of Act of 1959, 8 Eliz. 2 No. 11, reads as follows:-

(2) The amendment made by this section to the Principal Act shall be deemed to have been 60 made on the commence~$lit of the ~ r i n ~ i p a 1 Act, and to the extent n e ~ s s ~ to give effect to this subsection, this Act shall operate restrospectively.

The Principal Act commenced I J a n ~ a ~ 1956 (Roc. pubd. Caz. 17 December 1955, p. 1925).

A* 0

a her tln

(a> the Grown;

o r a t i o ~ or i n s t ~ ~ ~ n t a l ~ t y ;

enta~ity re~~esenting the Crown;

(e> any Local ~ u t ~ o ~ t y ; or any other body approve

o f this subsection, inister for the purposes

(50)

HARBOURS ACT 1955-1987 S . 5 9 A 47

for the f u r n ~ s h i n ~ o undertaking by the or ~ a i n t e n a n c e or t

~ a i n t e n a n c e for or on body.

s or ~ a t e r i ~ l s by the Board to, or the rbour works, any other works, repairs rvision of such works, repairs or suck person, in~trumenta~ity or ubsection ‘ ~ ~ r ~ ~ n ” ~ e a n s the ~ r o ~ r of this State or of any cther State or Territory of the ~ o m ~ o n w e a ~ t h .

contract.

inister shall not grant the approval referred to in paragr on (3) unless he is satisfied that it would not in all

~ i r ~ u ~ s t a n c e s made known to him, be reasona~le for the person, i n s t ~ ~ e n t a l i t y or body to accept any tender or quotation received by the person, instrumentality or body.

(51)

48 s. URS ACT 1955-1987 $. 648

(52)

ARBOURS ACT 1955-1 987

eading repealed by Act of 1987, No. 63, s. 74.

(53)

50 s . 6 H A ~ ~ U U ~ S ACT 195.5-1987

Act or any other ht, title, estate and

or law such directions shall be

fresh i n s t r u ~ e ~ t of title accord bority for the issuing of a ct shall be given thereto.

(3) In determining the purchasing price for the sale of land by the

Crown to a Harbour Board under subsection (lb) the ~ Q ~ e r ~ ~ r in Council shall take into account the extent, if any, to which works relative

(54)

S. 6 2 ~ HARBOURS ACT 1955-1987

to the r e ~ ~ a ~ a t i o n or i ~ ~ r o v e ~ e ~ ~ of the land have been carried out oard, by any lessee or licensee of the

uld otherwise have passed to the Boa

or

land.

adin in^ r ~by Act ~of 1987, No. 63, s. 74. ~ ~ ~ d

s. 62 as ~ ~ ~by nAct d of 1959, 8 ~ d E l k 2 No. 1 1 , s. 6; Act of 1962, 1 1 Eliz. 2 No. 8, s. 3; Act of 1967, No. 48, s. 3 (2) First Sch,; Act of 1982, No. 14, s. 24; Act of

1987, No. 63, s. 34.

(a) ~ a r ~ o ~ r lands; or

(55)

52 S . 6 2 A ~ A ACT 1955- 1987 ~ B ~ ~ ~ ~

inister may remit any suc oard for further

~ ~ ~ s i ~ e r a t i o n .

sions of subsection thr

are a new

(56)

s. 63 HARBOURS ACT 1955- 1987

reserved and set ap ontrol of a Harbour to The Land Act of 1982.

ction does not apply to land ac to section 62 for residential purp to be used solely for such purposes.

to be used solely for suc

lnserted by Act of 1959, 8 Eliz. 2 No. 11, s. 7; as amended by Act of 1968, No. 10, s. 4; Act of 1976, No, 42, s. 13; Act of 1978. No. 81, s. 4; Act of 1982, No. 14, s. 25,

(57)

54 s.64 HARBOURS ACT 1955-1987 s, 64

(iii) part of the foreshore, or of other tidal land or tidal water (iv) vacant Crown land contiguous to the foreshore in the

in the harbour for which it is constitu~e~;

harbour for which it is constituted, for any purpose.

(a) under the seal

or licence would impede or restrict navigation.

tion as respects approving of to approve a lease or licence

nted by a ~ a r ~ o u r of land to be used sed for commercial

ts. Leases, licences ction shall be (a)-

The term of a lease shall not exceed 75 years.

The term of a licence shall not exceed 30 years.

The term of a permit shall not exceed 5 years.

(58)

s. ~ A ACT 1955-1 987 ~ ~ ~ U ~ ~

w-

in respect of each h e n c e

se or licence o nister first had

save-

(a) in a case to which s ~ b s ~ c t i o ~ (5) applies; or

(59)

S ACT 1955-1987 s.

(60)

s. 6 HARBOURS ACT 1955-1987

section; or

permit granted under this section-

(c) the lessee, licensee or permittee under a lease, licence or (i) contravenes or fails to com ith any ~ r o v i s i o ~ o

rs the contraventio~ of or failure to comply n in relation to property rmit applies; or

(iii) contr~venes or fails to comply with any term or condition of the lease, licence or permit,

oard that granted the lease, licence or per in writing to the lessee, li nsee or permit terminate the lease, licence or permit ei er f o ~ h w i t h or as from a date fixed by the Board.

If during the ter overnor in Council is

rt thereof is requi

convenience or a public ate the licence as respect d in the Order in CO thereunder of all parti

e date of publication of the Order in the A permit granted under

terrnination of a lease, licence or permit granted under om~ensation shall lie in respect thereof and on shall be paid in r save, in the case of a termination of a ernor in Council, as and so far as the o des;

(b) the Harbour Board may require or permit the person who was lessee, licensee or perrnittee at such t e r ~ i n a ~ i o n to remove movable improvements which are his n

land to which th n

eriod fixed by the Se it

(61)

58 s. HARBOURS ACT 1955-1987 s.

such person to enter and remain upon the land until such

(b) agree with such person that i s shall acquire such improvements or any part thereof on such terms as are for by the foregoing provisions e, be subject to the provisions ithout prejudice to the Covenants, terms and conditions to which a lease, licence or

(62)

s, 4 HARBOURS ACT 1955-1 987

permit granted under this section rnay be subject, such lease, licence or permit may include or be subject to all or any of the following:-

(a) a covenant or condition that if the lessee, licensee or ~ e ~ i ~ t e e

ster rnay grant or

to be the ~ e ~ ~ i t

to the applicant.

~ubstituted by Act of 1976, No. 42, s. 14; as amende^ by Act o f 1978, No. 81, s. 5;

Act of 1987, No. 63, s. 35.

(63)

HARBOURS ACT 1955-1987 s. 65

low high water mark for the land for h a r b ~ ~ r works:

n ~ v i ~ a ~ i o ~ or the public convenience.

er this section-

lease of such a c o ~ e ~ a n t for the renewal thereof.

nt or c o v ~ n a ~ t s , shall

~ e ~ e w e d lease under this section shall reserve by the lessee to t

Inserted by Act of 1968, No. 10, s. 6.

(64)

lessee or licensee

lessee or licensee-

“~essee” or “licensee”

devolves by ~ ~ e r ~ t i o ~ e is l ~ w f ~ l ~ ~ assigned,

~ o ~ ~ r a t ~ o n and for thi ose a r e ~ e r e ~ c e t

(65)

62 s.6 ~ A R B ~ ~ R S ACT 1955-1987 s. 67

inister where it occurs

be a refere~ce to the ours ~ o ~ o r a ~ i o ~ .

Substituted by Act of 1952, 1 1 E l k 2 No. 8, s. 4; as amended by Act of 1966,

(66)