13114
SHIPPING.
Navigation Acts Amendment Act. 21 GEO. V. No. 21,
An Act to Amend "The Navigation Acts, 1876
THE
to 1911," so as to provide for the Better
NAVIGATION
Management and Control of Motor Boats and
ACTS
AMENDMENT
MQtor Vessels within the Jurisdiction; to
1930.
Amend the said Acts and other. Acts in
certain particulars; and for other consequential purposes.
21 Geo. V.
No. 21.
ACT OF
[ASSENTED TO 13TH NOVEMBER, 1930.]
by the King's Most Excellent Majesty,
B E byit enacted
and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled,
and by the authority of the same, as follows:PART 1.PRELIMJNAHY.
PART I.-PRELIMINARY.
Short title
1. This Act may be cited as "The Navigation Acts
~~:struction Amendment Act of 1930," and shall come into operation
of Act.
on a date to be proclaimed by the Governor in Council
by Proclamation published in the Gazette.
Parts of Act.
PARTII.REGULATION
OF MOTOR
BOATS AND
MOTOR
VESSELS.
2. This Act is divided into Parts as follows : PART I.-PRELIMINARY;
PART n.-REGULATION AND CONTROL OF MOTOR
BOATS AND MOTOR VESSELS;
PART lIl,-AMENDMENTS OF "THE NAVIGATION
ACTS, 1876 TO 1911 " ;
PART IV.-AMENDMENTS OF OTHER ACTS;
PART V.-MISCELLANEOUS.
PART lI.-REGULATION OF MOTOR BOATS AND MOTOR
VESSELS.
Construction
3. This Part shall be read and construed as one
of Part H.
with *'~ The Navigation Acts, 1876 to 1911," in this Part
collectively referred to as the Principal. Act.
.
Interpreta.
tion.
Crew.
4. In this Part, unless the context otherwise
indicates, the following terms have the meanings set
against them respectively, that is to say:"Crew"-The person or persons navigating or
managing any motor boat or motor vessel:
the term includes the owner of such boat or
* 41 Vic. No. 3, supra, page 3090; 60 Vic. No. 31, supra, page 3137 ;
2 Geo. V. No. 5, supra, page 5209.
SHIPPING.
1930.
Navigation Acts Amelldmen tAct.
13115
PART II.REGl:L,~l'ION
OF MOTOR
BOATS AND
MOTOR
vessel when so engaged, and also any marine VESSELS.
motor engineer and any person in charge, for
the time being, of the navigation or management of the same;
"Marine motor engineer," used in relation to a Marine
motor boat or motor vessel-The owner or :~~':eer.
. driver .or any other person taking or having '"
for the time being, whether lawfully or
wrongfully, thc management of the machinery
of such motor boat or of the engine of such
motor vessel;
"Motor boat"-Any vessel, including a motor Ivlotor boat.
ferry boat, under fifteen tons gross measurement propelled by power generated hy gas,
oil, fluid: electricity, or any mechanical power
other than steam, whether under sail or not;
":Motor vessel "-Any vessel, including a motor Motor vesseL
ferry boat, of fifteen tons gross measurement
or over, propelled by power generated by
gas, oil, fluid, electricity, or any mechanical
power other than steam, whether under sail
or not;
"Passenger"-Any person carried in any motor Passenger.
boat or motor vessel, other than the crew
and the owner of the vessel;
"The jurisdiction"-The navigable waters lying !h<;, . .
within one nautical league of the coast and JUrisdICtIOn.
the inland navigable waters of Queensland;
And generally, save as is herein provided, the terms
used have the meanings respectively assigned to them
in the Principal Act.
5. Notwithstanding anything contained in the Regulations
~l'incipal Act, wh?ther by way of exemption i~ whole o! ~~:~s r::~~or
part or otherwlSe howsoever, the Governor ID CouncIl motor
may from time to time, on the recommendation of the vessels.
Board, make all such regulations as he deems necessary
for the due contro} n,nd management of motor boats and
motor vessels within the jurisdiction and for the carrying
into execution within the jurisdiction of the provisions of
*" The Navigation Acts, 1876 to 1930," in relation to
ID
* 41 Vie. No. 3, 8UPTa, page 3090; 60 Vie. No. 31, supra, page 3137 ;
2 Oeo. V. No. 5, supra, page 5209 ;21 Oeo. V. No. 21 (this Act).
13116
PART
SHIPPING.
11.-
REGULATION
OF MOTOR
BOATS AND
MOTOR
':-ES~ELS.
Privately
owned motor
boats and
motor
vessels.
Registration
Navigation Acts Amendment Act.
21
GEO.
V. No. 21,
motor boats and motor vessels, and without limiting
the generality of the foregoing provisions may make
regulations with respe=,t to all or any of the following
matters, that is to say:(I) With respect to motor boats and motor
vessels which do not ply for hire or reward or
which are not let for hire or reward-··
(a) Requiring the registration of motor boats
and motor vessels and the marking of such
boats and vessels with distinguishing letters
or numbers or both:
Prohibiting persons from navigating
or controlling the movements of motor
boats or motor vessels unless they first
obtain a certificate of 'competency fQr such
purposes, and providing for the issue of
such certificates:
Inspection
and survey.
\ b) The inspection and survey from time to
Safety.
(c) Provisions
Motor boats
plying for
hire or
reward.
Registration.
time of the machinery and engines of motor
boats and motor vessels;
as to safety. including particularly the rule of the road, the
prevention and the extinguishing of fire,
and precautions against smoking in certain
parts, and the lights to be carried.
(2) With respect to motor boats and motor
vessels which ply for hire or reward or which
are let for hire or reward(a) Requiring the registration of motor boats
or motor vessels and the marking of such
boats and vessels with distinguishing letters
or numbers or both;
Inspection
and survey.
(b) The inspection and survey from time to
Safety.
(c) Provisions as to safety, including particularly
time of the machinery and engines of motor
boats and motor vessels, and of the hull
and furniture and appliances thereof;
the rule of the road, the prevention and
the extinguishing of fire, and precautions
against smoking in certain parts, and the
lights to be carried;
SHIPPING.
...
1930.
.
. --------------------------------_
Navigation Acts Amendment Act.
(d) Prescribing that motor boats and motor
13117
PARTII.REGULATION
OF MOTOR
BOATS AND
MOTOR"
VESSELS.
vessels shall be in charge of competent and Lice.nses or
.
qualI·fied persons on1y; t h e 1·lCensmg
or certificates.
granting of certificates to such persons and
to marine motor engineers; requiring persons desirous of being so licensed or of
obtaining such certificate to submit themselves for examination or be otherwise tested
as to their competency and qualifications by
the prescribed authority in that behalf;
if deemed necessary, the classification or
grading of such licenses or certificates;
(e) The number of passengers to be carried on Passengers.
motor boats or motor vessels; provision
for their accommodation and comfort;
prescribing the place or places on such
boats or vessels in which passengers shall
be carried;
(f) Prescribing the weight of cargo to be Cargo.
carried; provision for its carriage; prescribing the place or places on such boats
or vessels in which cargo shall be carried;
(g) Limiting the localities within the jurisdiction Localities.
.in which motor boats or motor vessels
shall ply or be let for hire or for reward.
(3) With respect to motor boats and motor Generally.
vessels generally, whether plying or let for
hire or reward or not plying or let for hire
or reward(a) Prescribing the conditions on which regis- Conditions of
trations licenses and certificates may be registration,
"
&c
granted, suspended, or cancelled;
.
(b) Prescribing, where deemed necessary, the Crew.
minimum number of the crew in addition
to licensed or certificated persons;
(c) Preventing the illegally using of a motor Illegal user,
boat or motor vessel, and the causing of &c.
any damage to the same or any of the
machinery, gear, or appliances thereof, and
the obstructing, impeding, or molesting
the owner, motor engineer, or crew, or any
13118
PART 1I.HEGULATlON
OF MOTOR
BOATS AKll
MOTOR
VESSELS.
SHIPPING.
Navigation Acts Amendment Act.
21
GEO.
V. No. 21,
of them, in the navigation or management
of such boat or vessel, or otherwise in the
execution of duty;
Silencers, &c.
(d) Requiring the use, upon motor' boats or
motor vessels, of silencers or mufflers or
any other prescribed device for the prevention or lessening of noise;
Accidents.
(e) The reporting of accidents, and the inquiry
into such accidents by the prescribed
authority in that behaH;
Transfers,
&c.
(I) Notifying the sale, transfer, charter, hire, or
Fees.
(g) Prescribing fees to be paid in respect of any
other disposal of the whole or any interest
in any motor boat or motor vessel;
registration, license, or other matter arising
under these regulations;
Penalties.
(h) Imposing penalties not exceeding thirty
pounds for any breach of any regulation,
and providing that in addition to any
penalty the adjudicating court may award
against the offender, to any person injured,
compensation in respect of his property or
perSUl1.
Any of such regulations may be made applicable
to motor boats or motor vessels generally, or to any
particular class of such boats or vessels, or particularly
to any such boat or vessel to be specified, or to any
specified locality within the jurisdiction in which such
boats or vessels are used, or to any specified time or
period of time during \vhich such boats or vessels are
used.
All such regulations shall be published in the Gazette,
and when so published shall have the same effect as if
they were enacted in this Act, and shall be judicially
noticed, and shall not be questioned on any ground
whatsoever.
All such regulations shall be laid before Parliament
within fourteen days after the publication of the same
if Parliament is then sitting, or, if not, then within
fourteen days after the commencement of the next
ensuing session of Parliament.
SHIPPING.
Navigation Acts Amendment Act.
1930.
PART lIl.-AMENDMENTS OF "THE NAVlGATION ACTS,
1876 TO 1911."
13119
PART III.AMENDMENTS
OF "THE
NAVIGATION
ACTS, 1876
TO 1911."
6. This Part shall be read and construed as one Construction
of Part Ill.
with *" The Navigation Acts, 1876 to 1911."
Amendments of t" The Navigation Act of 1876."
7. Section two of t" The Navigation Act of 1876" is Section 2.
amended as follows:After the definition of " Coasting passenger vessel"
a new definition is inserted, namely:" "Limited coasting passenger vessel "-Any coast- Limi~ed
ing passenger vessel; but in every case limited ~~~:~~ier
to a vessel less than fifty tons, and also vessel.
limited between such defined ports or places
in Queensland as the Board may in any
particular case define and declare."
A new definition is inserted after the definition of
as follows : " " Owner" also includes the manager or secretary Owner.
of any body of persons, corporate or unincorporate."
~'Master,"
The following new definitions are also added to the
said section two, namely:" Prescribed "-Prescribed by this Act;
Prescribed.
"This Act "-This Act and all Proclamations This Act.
and regulations made thereunder.
8. Section three of t" The Navigation Act of 1876" Section 3.
is amended by adding at the end of the proviso the words
" and to the provisions of Part lI. of t" The Navigation
Acts Amendment Act of 1930" and any regulations
thereunder. "
9. The following new section is inserted after section ~xamina.
twenty-two of t"The Navigation Act of 1876," that is r~~~~!~e~
to say:for curtain
mal!>ters and
" [22A.] From and after the commencement of t" The mates.
Navigation Acts Amendment Act of 1930," it shall be
,. 41 Vic. No. 3, supra, page 3090; 60 Vic. No. 31, supra, page 3137;
2 Geo. V. No, 5, supra, page 5209.
t 41 Vic. No. 3, supra, page 3090.
t 21 Geo. V. No. 21 (this Act).
13120
SHIPPING.
PART III.AMENDMENTS
OF" THE
NAVIGATION
ACTS, 1876
101911."
Navigation Acts Amendment Act.
- - - -----------
21
GEO.
V. No. 21,
---------------------
lawful for the Board to institute examinations for
persons who wish to procure certificates of competency
for all or any of the following grades, that is to say:( 1)
(2)
(3)
(4)
(5)
Master of a coasting passenger vessel;
Mate of a coasting passenger vessel;
Master of a coaster;
Master of a limited coasting passenger vessel;
Third-class engineer;
and the Board shall provide for the aforesaid examinations, and may, subject to the approval of the Governor
in Council, appoint fit and proper persons as examiners
to conduct the same, and may regulate the same; and
any members of the Board may be present and assist
at any such examination; and the Board, with the
approval of the Treasurer, may from time to time lay
down rules as to the conduct of such examinations and
as to the qualifications of applicants, and such rules
shall be strictly adhered to by all examiners; and every
examiner shall receive such remuneration as the Board
shall, with the approval of the Treasurer, direct.
Moreover the provisions of section twenty-three of
this Act shall m1ttatis mutandis apply and extend
accordingly:
Limited
certificates
issued prior
to
commence·
ment of this
Act.
Provided that, in the case of any person holding
at the commencement of this Act a certificate as master
of a home trade vessel granted by the Board but endorsed
by the Board as being limited in respect of a vessel
under fifty tons and also limited between any defined
ports or places in Queensland according to the endorsement on such certificate, such certificate shall for all
purposes be and be deemed to be a certificate of
competency in respect of the following grade, namely,
master of a limited coasting passenger vessel; and the
action of the Board in granting any such certificate is
hereby approved, ratified, and confirmed, and such
certificate shall be a valid certificate for all purposes to
the extent to which such certificate relates."
13121
SHIPPING.
PART
1930.
Navigation Acts Amendment Act.
--------
III.-
AMENDMENie
OF" 'fHE
NAVH"'ATlOl"
10. After section twenty-eight of "*The Navigation ~~Tf9A~y,6
Act of 1876 ,~ the following sections are inserted : Seotion 28.
" [28A.] From and after the commencement of t" The Offioers of
Navigation Acts Amendment Act of 1930" every vessel:~sb:ls, how
not exempted as in this Act mentioned when navigating'1llalified.
between any two or more ports or places in Queensland
shall be provided with officers holding valid certificates
of competency or service under this Act or holding
similar or equivalent certificates from the Board of
Trade or other competent authority or else according
to the following scale:(1) If she be a coasting passenger vessel of three
hundred tons or upwards, with a master, first
mate, and second mate duly certificated;
(2) If she be a coasting passenger vessel of one
hundred tons or less than three hundred tons,
with a master and first mate duly certificated;
(3) If she be a coaster of one hundred tons or
upwards, with a master and first mate duly
certificated;
(4) If she be a coaster or coasting passenger vessel
of fifty tons or less than one hundred tons,
with a master duly certificated;
(5) If she be a coaster of less than fifty .tons or
a limited coasting passenger vessel, with a
master holding a limited coasting passenger
vessel certificate or a certificate of a higher
grade:
and the prOVISIOns of section twenty-six of *" The
Navigation Act of 1876" are deemed to be amendf')d
accordingly.
If any such vessel proceeds to sea from any port or
place in Queensland without being so provided (the
proof of which provision shall be on the party accused)
the master or owner thereof shall forfeit and pay any
sum not exceeding one hundred pounds."
[28B.] From and after the commencement of t" The Vessels
Navigation Acts Amendment Act of 1930" every coaster !~:i~:'~oom
and every coasting passenger vessel when navigating offioers.
between any two or more ports or places in Queensland
*
t
41
21
Vio. No. 3, supra, page 3090.
Geo. V. No. 21 (this Aot).
13122
SHIPPING.
PART III.An'~EN UMENTS
OF "'IRE
NAVIGATION
ACTS, 1876
TO
1911,"
Navigation Ads Amendment Act.
21
GEO.
V. No. 21,
shall be provided with engine-room officers according to
the scale set out in the following schedule, namely : -
I
I
Nominal Horse-power
of Engines.
Minimum Number of duly Certificatod
Engineers holding Certificates
Additional
not lower thanEngineers
___________________________,_______ _____
(not
necessarily
First-class Second-class Third-class certificated).
Engineer.
Engineer.
Engineer.
(i. ) Coaster_
Under 55
1
55 and under 85
1
85 and under 100
1
1
100 and under 200
1
1
200 and over
1
1
-
1
(ii.) COctsting Passenger Vessel.
Under 5')
1
55 and under 85
1
1
85 and under 100
1
1
100 and under 200
1
1
1
200 aRd over
1
1
2
The term "first-class engineer" or "second-class
engineer" (as the case may be) shall mean and include
an engineer possessing a first-class engineer's certificate
or a second-class engineer's certificate (as the case may be)
issued by the Board of Trade or by the authority of the
Commonwealth or other competent authority:
Provided that nothing in the above schedule shall
extend in the case of any vessel plying within the limits
of any port. In any such case, such vessel shall have as
its engineer an engineer possessing a third-class engineer's
certificate or a certificate of a higher grade.
The provisions of section twenty-seven of *"The
NaV1:gation Act of 1876" are deemed to be amended
accordingly.
* 41 Vie. No. 3, supra, page 3090.
]3123
SHJPPI~G.
PART 111.A:IlEND~IENTS
OF" THE
~AVIGATION
Navigation Acts Amendment Act.
1930.
1876
1911."
Penalties for·
ACTS,
[280.] In each of the following cases-
TO
.
(i.) If any person engages or acts as an officer III a~ting
contravention of sections 28A and 28B', or havmg
Wlt~out
certificates.
(ii.) If any person empI oys or su ff el'S any person
to serve as an officer in contravention of
secTrion 28B without using all reasonable
means (proof whereof shall lie on him) to
ascertain that the person so serving is duly
certificated; or
(iii.) If any person fraudulently engages or employs
or suffers to be engaged or employed any
duly certificated officer to serve for the
purpose only of enabling any ship to clear
and not for the purpose of the whole voyage,
or if any officer so fraudulently engages
hImself ;
"
then in every such case as referred to in paragraphs (i.)~
(ii.), or (iii.) aforesaid the person so offending shall, for
every such offence, forfeit and pay any sum not
exceeding fifty pounds, and if any certificated officer is
engaged as an officer on board any vessel and quits such
vessel before or upon the commencement of her voyage
he shall be deemed, unless the contrarv is shown, to have
been fraudulently engaged or employ~d as aforesaid.
And no officer shall be deemed duly certificated
unless he is the holder for the time being of a valid
certificate of competency or service appropriate to his
station in the vessel or of a higher grade:
Provided that nothing in this section contained Savi~g.
shall be deemed to abridge or prejudice the rights and
privileges of any person who at the commencement of
this Act holds a third-class engineer's certificate issued
under *" The Nav'igation Act of 1876," and which certificate is in force at the commencement of this Act, from
exercising such rights and privileges by virtue of such
certificate after the commencement of this Act, and to
lihe intent also that such certificate shall be deemed to
be a valid certificate of competency to the same extent
and for all purposes as obtained prior to the commencement of this Act."
*
41 Vie. No. 3, 8up:ra, page 3090.
13124
PART
HI.-
SHIPPING.
Navigation Acts Amendment Act.
21
GEO.
V. No. 21,
AMENDMENTS
m'''THE
NAVIGATION
ACTS, 1876
TO 1911."
Section 81.
Section 90.
, 11. Section eighty-one of *" The Navigation Act of
1876" is amende~ by inserting, after the words" shall
furnish," the words" on payment of the cost therefor."
12. Section ninety of * " The Navigation Act of 1876"
is amended by deleting the words " if carrying passengers"
occurring before the words "without being provided
with."
.Section 92.
13. (i.) In section ninety-two of *" The Navigation
Act of 1876" the words" carrying passengers" and the
words "passengers or" are repealed; also, before the
words "and in default," the words "which gangway
shall be fully shown up by lights in the night, and
beneath every such gangway and also beneath every
cargo or landing stage, or sling, or hoist between the side
of: the vessel and the wharf or landing place a good and
sufficient safety net approved by the harbour master"
are inserted.
Validity of
oertain
regulations
declared.
(ii.) The regulations hereunder set fOIth, and purporting to have been made under the provisions of the
said Act and t" The Port Dues Revision Act of 1882," are
hereby declared to have been on and from the date
of the making thereof and to be valid and in full force
and shall remain in force until superseded by other
regulations made "under the said Acts:-
"6. Every vessel, while berthed alongside any wharf, shaH have
a sufficient gangway placed between such vessel and the wharf to
ensure safe transit to and from such vessel; and every such gangway
gan::~ an shall not be less than two feet six inches in width, and shall be fitted
light.
on either side with. stanchions of sufficient strength, six feet apart
and three feet in height, and with two rails or main ropes of
sufficient strength on either side of such gangway; and every such
vessel shall also, between sunset and sunrise, exhibit a bright light
from such a position as to throw its full light upon such gangway.
Every vessel
to have
~:per
d
Every vessel
7. Every vessel,
to have a
good and sufficient
~~~~~~
while lying alongside any wharf, shall have a
safety net, approved by the harbour master,
suspended underneath any cargo stage or landing stage."
safety net.
Seotion 93.
14. Section ninety-three of *" The Navigation Act oJ
1876" is amended as follows : (i.) After provision (5) of the said section the
following additional provisions are inserted, namely:"( 6) For the proper manning of vessels.
* 41 Vie. No. 3, 8upra, page 3090.
t 46 Vio. No. 12, 8upra, page 9507.
SHIPPING.
1930.
Navigation Acts Amendment Act.
(7) Requiring any class or dasses of vessels as
may be prescribed to be equipped with
efficient wireless telegraph installations for
transmitting and receiving messages; prescribing the nature of the installations in
any case, conditions for their use and
maintenance and fines not exceeding fifty
pounds for breaches of any regulation."
13125
PART 1II.AMENDMENTS
OF" THE
NAVIGATION
ACTs, 1876
TO 1911."
(ii.) In the last paragraph of the said section, the
words "both Houses of Parliament" are repealed and
the word" Parliament" is inserted in lieu thereof.
15. In section ninety-six of *" The Navigation Act Sectioll 96.
of 1876," after the word" board" where it first occurs
the words "dangerous goods or cargo liable to
combustion contrary to any regulation made by the
board and published as aforesaiCl" are repealed, and
the words " or land or discharge any gunpowder or other
explosive substance or dangerous goods or cargo liable to
combustion contrary to any regulation made under t" The
Navigation Acts, 1876 to 1930," or any Act amending or
in substitution for the same" are inserted in lieu thereof.
16. (i.) In the first paragraph of section one hundred Section 108.
and eight of *" The Navigation Act of 1876," the words
"the landing and carrying of gunpowder and other
explosive substances" are repealed and the words" the
safe taking on board, carrying, and landing or discharge
and the places or times for the taking on board and
landing or discharge of gunpowder and other explosive
substances and dangerous goods and cargo liable to
combustion, and the defining or specifying what substances and things shall for the purposes of this Act be
and be deemed to be explosive substances, dangerous
goods, and cargo liable to combustion" are inserted in
lieu thereof.
(ii.) Also, in the second paragraph the words" both
Houses of Parliament" are repealed and the word
" Parliament" is inserted in lieu thereof.
17. The regulations relating to the carriage of Valid.ity of
.In flammabel '01l an d I'Iq UI'dS on vesse1s, purport'lng t 0 certam
regulations
have been made by the Marine Board in pursuance of declared.
*41 Vie. No. 3, supra, page 3090.
t 41 Vie. No. 3, supra, page> 3090; 60 Vie. No. 31, supra, page 3137; 2
Geo, Y. No, 5, 8upra, page 5209; 21 Geo. V. No, 21 (this Act).
V
13126
PART IlI.AMENDMENTS
OF" THE
NAVIGATION
SHIPPING.
Navigation Acts Amendment Act. 21 GEO. V. No. 21,
-------------------------
~~Tf9A~:,6
the provisions of *" The Navigation Acts, 1876 to 1911,"
and approved by the Governor in Council on the twentyninth day of July, one thousand nine hundred and
twenty, and published in the Gazette on the thirty-first
day of July, one thousand nine hundred and twenty, are
hereby declared to have been on and from the date of
the making thereof and to be valid and in full force and
shall remain in force until superseded by other regulations
made under t" The Navigation Acts, 1876 to 1930."
Section 127.
18. In section one hundred and twenty-seven of
t" The Navigation Act of 1876," the words" twenty
shillings" are repealed and the words " five pounds" are
inserted in lieu thereof.
19. After section one hundred and twenty-seven of
t" The Navigation Act of 1876," the following section is
inserted, namely:Payment of
" [127A.] If any vessel on which a pilot has proceeded
conveyance
board
for the purpose of piloting such vessel to sea
on
of pilot.
or into port shall be detained at any anchorage
for any reason other than stress of weather or other
unavoidable cause, then, in the event of the services of
such pilot not being required in respect of such vessel
before the expiration of twenty-four hours after he had
come aboard, the master or owner of the said vessel shall,
on the arrival of .the said vessel at such anchorage.
cause such pilot to be conveyed forthwith at the expense
of such master or owner to the harbour office at the
port at which such pilot is stationed.
Moreover, in any such case as aforesaid, on any
renewed application for a pilot, the master or owner of
the vessel concerned shall cause the pilot to be conveyed
at the expense of such master or owner to the vessel
from the harbour office at the port at which such pilot
is stationed."
Section 142.
20. Section one hundred and forty-two of f' The
Navigation Act of 1876" is amended as follows:After the word" sawdust" where it thrice occurs the
word " sewage" is inserted.
Also, after the word "throw" the words "or dis·
charge" are inserted.
Also, after the word " thrown" where it twice occurs
the words" or discharged" are inserted.
*41 Vic. No. 3, supra, page 3090; 60 Vic. No. 31, supra, page 3137;
2 Geo. V. No. 5, supra, page 5209.
t41 Vic. No. 3, supra, page 3090; 60 Vic. No. 31, supra, page 3137;
2 Geo. V. No. 5, supra, page 5209; and 21 Geo. V. No. 21 (this Act).
:j: 41 Vic. No. 3, supra, page 3090.
•
13127
SHIPPING.
PART
1930.
Navigation Acts Amendment Act.
"""--------~-"--------,.-~~,------
III.-
AMEND1iENTS
OF" THE
NAVIGATION
21. Section one hundred and forty-seven of *" The L;~Tf9N:,6
Navigation Act of 1876 " is amended by inserting, after Section 147.
the word" pile," the word" mooring."
22. The Schedules to "*The Navigation Act of
1876" are amended as follows : (i.) In Schedule A the following new paragraph is Schedule A.
added under the heading' 'CERTIFICATE OF COMPETENCY,"
that is to say : " From and after the commencement of t" The Navigation Act8
Amendment Act of 1930," the following shall be the fees under the
above heading, namely : £ 8. d.
2 10 0
Master of coasting passenger vessel
Mate of coasting passenger vessel
1 10 0
200
Master of coaster ..
Master of limited coasting passenger vessel
1 10 0
Third-class engineer
1 10 0"
(ii.) In Schedule D, under the heading "SIGNALSScheduleD
TO BE MADE BY SHIPS WANTING A PILOT," after" PT"
insert the word" or"; and after paragraph (2) insert-" (3.) The International Code pilotage signal indicated by S"
23. Section one hundred and seventy-five of *" The Section 175.
Navigation Act of 1876" is amended by the addition
thereto of the following proviso : "Provided that not less than twenty-four hours'
notice shall be given by any such applicant for such
delivery to fjhe officer in charge of the magazine
concerned. "
24. After section one hundred and ninety-four of Section 194.
*" The N aV1:gation Act of 1876" the following sections
are inserted, namely:"[194A. ] (1. ) Notwithstanding anything contained ~on. .
. any A
t 'In any I aw or cust om or usage t,0 th. e ImmunIty
In
c or
of owner
contrary, it is herehy declared that the owner or master where
· h pIes
1"
i b tween any t wo or morecompu]sory.
.
pilotage is
of a vesse1 wh lC
soleye
ports or places within Queensland shall not be exempt
from liability for any loss or damage occasioned by the
fault or want of capacity of a pilot by reason of the fact
that the employment of the pilot is compulsory:
Provided that nothing contained in the aforesaid Saving.
provisions shall be construed to render any civil remedy
to lie against any pilot in the employment of the Crown,
as represented by the Government of the State of
* 41 Vic.
t
21
Geo.
No. 3, supra, page 3090.
V. No. 21 (this Act).
13128
SHIPPING.
Navigation Acts Amendment Act. 21
PART HI.AMENDMENTS
GEO.
V. No. 21,
OF " THE
Queensland, for or in respect of any damage or loss
occasioned by his negligence or want of skill or otherwise
for any act, default, or omission as a pilot while in
charge of the vessel concerned; and the Crown, as
represented by the Government of Queensland, shall
not be liable for or in respect of any damage or loss
occasioned by the negligence or want of skill of any
pilot or otherwise for any act, default, or omission of
any pilot while in charge of the vessel concerned; but
the provisions of *" The Navigation Acts Amendment Act
of 1911" shall be and continue to be in full force.
This section
(2.) The provisions of this section shall come into
~o co~e into operation on a date to be proclaimed by the Governor in
p~~~~a~a- Council by proclamation published in the Gazette:
tion.
Provided that such proclamation may be issued at the
date of the proclamation of the coming into force of
t" The Navigation Acts Amendme1ftt Act of 1930," or may
be issued at any date subsequent to such last-mentioned
date; and any proclamation bringing into force t" The
Navigation Acts Amendment Act of 1930" shall specifically state whether or not such proclamation embraces
or excludes this section.
General
[194B.] Without in any wise limiting or affecting
regulation- the powers and authorities for the making of regulations
making
as are contained in t" The Navigation Act of 1876," the
power.
Governor in Council, on the recommendation of the
Board, may from time to time make regulations providing for all or any purposes, whether general or to meet
particular cases, that may be convenient for the
administration of §" The Navigation Acts, 1876 to 1930,"
or that may be necessary or expedient to carry out the
objects and purposes of such Acts.
Regulations
All regulations made or purporting to have been
to form part made under such Acts shall be published in the Gazette,
of Acts.
and thereupon shall be of the same effect as if they were
enacted in this Act, and shall be judicially noticed, and
shall not be questioned in any proceedings whatsoever.
The production of a copy of the Gazette purporting
to contain any such regulation shall be conclusive
evidence of the matters contained therein and of the
power and authority to make such regulation.
NAVIGATION
ACTS, 1876
TO 1911."
* 2 Geo.
V. No. 5, supra, page 5209.
No. 21 (this Act).
;41 Vie. No. 3, supra, page 3090.
§41 Vie. No. 3, supra, page 3090; 60 Vie. No. 31, supra, page 3137;
2 Geo. V. No. 5, supra, page 5209, and 21 Geo. V. No. 21 (this Act).
t 21 Geo. V.
13129
SHIPPING.
PART
IlI.-
AMENDMENTS
OF " 1~HE
Navigation Acts Amendment Act.
1930.
NAVIGATION
All regulations shall be laid before Parliament within
fourteen days after such publication, if Parliament is in
session, and if not, then within fourteen days after the
commencement of the next session.
If Parliament passes a resolution disallowing any
such regulation, of which resolution notice has "Qeen
given at any timc 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 prejudice to the validity of anything done in
the meantime.
For the purpose of this section, the term "sitting
days" shall mean days on which the House actually sits
for the despatch of business."
PART
IV.-AMENDMENTS
OF
OTHER
ACTS.
1876
1911 "
ACTS,
TO
PARTIV.AMENDMENTS
Amendment of *" The Port Dues Revision Act of 1882" OFACTS.
OTHER
as amended by t" The Port Dues Revision Act
Amendment Act of 1920."
26. (i.) Section three of *" The Port Dues Revision Section 3.
Act of 1882" (as inserted by section three of t" The Port
Dues Revision Act Amendment Act of 1920") is amended
as follows : In proviso (ii.) to the said section, after the word
"visited" the words "until such vessel departs for any
port or place outside the limits of the State of Queensland"
are added.
(ii.) Section four of *" The Port Dues Revision Act Section 4.
of 1882" (as inserted by section three of t" The Port
Dues Revision Act Amendment Act of 1920 ") is amended
as follows:In subsection one of the said section all words from
and including the words "interstate vessel or coaster" to
and including the words" port rate at any other port"
are repealed and the following words are inserted in lieu
thereof :-" vessel entering or departing from any port
within the State shall pay port rates calculated on the
net registered tonnage of the vessel as follows : (a ) Interstate vessels or coasters, fourpence per
ton for the first five hundred tons and
* 46 Vic. No. 12,
t 10 Geo. V. No.
8upra, page 9507.
14, 8upra, page 9507.
13130
SHIPPING.
PART IV.AMENDMENTS
OF OTHER
ACTS.
~
-~-~~----------
~~-
Navigation Acts Amendment Act.
21
GEO.
V. No. 21, 1930.
sixpence per ton for every ton or part of a
ton beyond that measurement;
(b) Other vessels, sixpence per ton.
One such port rate shall be payable from the date
of the vessel's first arrival within or departure from any
port, whichever date is the earlier, and such vessel shall
not be liable to any further port rate at any other port
during the period of thirty days from such aforesaid date.
At the expiry of the said period of thirty days and every
subsequent period of thirty days, if such vessel is within
the limits of any port within the State or is proceeding
from one port to another port within the State, such
vessel shall be liable to further port rates calculated in
the manner hereinbefore provided:
Provided that a vessel shall not be liable to any
further port rate while she is laid up in any port."
PART V.-MISCELLANEOUS.
Application
to Local
Authorities.
Collective
title
26. The provisions of *" The Navigation Acts, 1876
to 1930," and any regulations made thereunder shall
extend and apply to Local Authorities (including the
Brisbane City Council constituted under t" The City of
Brisbane Act of 1924 "), and all other local self-governing
bodies owning or using any vessels (including motor
boats and motor vessels) in ferry services or for any other
purposes to the same extent as they apply to other
persons.
27. 'Vithout prejudice to any other mode of citation,
t" The
NaVl:gation Acts, 1876 to 1911," as amended by
this Act, may collectively be cited as *" The Navigation
Ar,ts, 1876 to 1930."
SOLICITORS~PRACTISING
CERTIFICATES AND
FIDELITY GUARANTEE FUND.
See
SUPREME COURT.
* 41 Vic. No. 3, supra, page 3090; 60 Vic. No. 31, supra, page 3137:
2 Geo. V. No. 5, supra, page 5209; and 21 Geo. V. No. 21 (this Act).
t 15 Geo. V. No. 32, supra, page 11l40.
t 41 Vic. No. 3, supra, page 3090; 60 Vic. No. 31, supra, page 3137;
and 2 Geo. V. No. 5, supra, page 5209.