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New South Wales

Maritime Services Act 1935 No 47

Status information

Currency of version

Historical version for 1 January 2011 to 30 June 2013 (generated 18 July 2013 at 17:37). Legislation on the NSW legislation website is usually updated within 3 working days.

Provisions in forceAll the provisions displayed in this version of the legislation have commenced. For commencement and other details see the Historical notes.

Does not include amendments by:Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Act 2012 No 90 (not commenced — to commence on 1.7.2013)Road Transport Legislation (Repeal and Amendment) Act 2013 No 19 (not commenced)

Proposed repeal:The Act is to be repealed on the whole commencement of Part 1 of Sch 2 to the Marine Safety Act 1998 No 121.

This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’sOffice and published on the NSW legislation website.

Contents

New South Wales


Page

Part 1 Preliminary1 Name of Act and commencement 22 Definitions 2

2A Ports and Maritime Administration Act 1995 32B Transfer of Maritime Services Board’s functions 3

Parts 2, 2A 3–4D (Repealed) 4

Part 3 Powers, authorities, duties, functions and obligations of the Maritime Services Board of New South Wales

Divisions 1–3 5–13 (Repealed) 5

Historical version for 1.1.2011 to 30.6.2013 (generated on 18.07.2013 at 17:37)


Contents

Page

Division 3A Port of Newcastle

13A–13C (Repealed) 513D Control of construction of certain works in Hunter River 513E Carrying out of certain works by Minister for Public Works 513F Obligations of Board in exercise of certain powers 613G Disagreements under secs 13E, 13F 6

Divisions 3B, 3BA 13H–13JD (Repealed) 6

Division 3BB Trading installations

13JE Control by Board of the erection etc of installations used by trading vessels 6

13JF Investigation of future installations for use by trading vessels etc7

13JG Removal of unauthorised works 8

Division 3C Additional powers of Board

13K, 13L (Repealed) 813M Construction of works and provision of services 8

13MA (Repealed) 913N Improvement of navigable waters 913O Power to make contracts for works to be carried out 1013P (Repealed) 1013Q Provision of roadways and lighting 1113R Patrolling and working of lands and installations 1113S Rescue and fire-extinguishing operations 11

13SA (Repealed) 1113T Obstructions and encroachments in waters 11

13TA Erosion or siltation in certain ports 1313TB Compliance with certain notices 1413TC Exclusion of Dividing Fences Act 1991 15

13U Obstruction of waters or lands by vessels or articles 1513UA, 13UB (Repealed) 17

13V Hiring and disposal of plant 1713W (Repealed) 17

13WA Information regarding harbour master’s directions etc 1813X Board may require work to be carried out on vessel 1813Y Obstruction 19

13YA Liability of owners of vessels etc for damage to Board’s property19

13YB Land vested in Board taken to be Crown land for certain purposes20

13YC Grant of rights of way under the Petroleum (Onshore) Act 199120

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Contents

Page

13Z Leases and licences under other Acts 20

Divisions 4–6 14–28A (Repealed) 21

Part 4 Miscellaneous29, 30 (Repealed) 22

30A Service of notices and legal processes 2230B Powers of entry and inspection 2230C Liability of vehicle owner for parking offences 2330D Penalty notices for certain offences 2430E (Repealed) 2530F Information to be given to identify master of vessel 2630G Requirements in case of accident 26

31, 31A (Repealed) 2732 Variations in proceedings 2733 (Repealed) 2834 Proof of certain matters not required 28

35–36A (Repealed) 3037 Proof of regulations 31

37A Application of penalties 3138 Regulations 31

39, 40 (Repealed) 39Schedule 1 40Schedule 2 41

Schedules 3–8 (Repealed) 41

NotesTable of amending instruments 42Table of amendments 47

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New South Wales

An Act to provide for the constitution of a board to be styled “The Maritime ServicesBoard of New South Wales”; to provide for the exercise and discharge by such boardof the powers, authorities, duties, functions and obligations of the Sydney HarbourTrust Commissioners; to provide that such Board shall be charged with theadministration of the Navigation Act 1901 and certain other Acts; to confer andimpose certain other powers, authorities, duties and functions on such board; toamend the Sydney Harbour Trust Act 1900–1931, the Navigation Act 1901 andcertain other Acts in certain respects; and for purposes connected therewith.


Maritime Services Act 1935 No 47Section 1

Part 1 Preliminary

1 Name of Act and commencement

(1) This Act may be cited as the Maritime Services Act 1935.

(2) This Act shall commence upon a date to be appointed by the Governorand notified by proclamation published in the Gazette.

(3) (Repealed)

2 Definitions

(1) In this Act, unless the context or subject-matter otherwise indicates orrequires:Freight receptacle means a receptacle of a permanent character, otherthan a vessel, used or designed or adapted for use as a receptacle for thecarriage of goods.Goods includes wares, merchandise, articles and substances ofwhatsoever description and, except in the definition of Freightreceptacle in this subsection, includes a freight receptacle.Harbour master has the same meaning as it has in the Ports andMaritime Administration Act 1995.Installation includes any fixed, floating or movable structure for theberthing, docking, slipping, or repairing of vessels, or the handling ofpassengers, cargo, supplies or fuel, any pipe-line, conveyor or loadingor unloading apparatus, and anything whatsoever erected, constructed,moored or stationed in, on, or in the vicinity of any port or navigablewaters by the Board or by any person for the purpose of conducting,facilitating or regulating in any way the operation of such port or the useof such waters.Master includes every person having lawfully, or de facto, thecommand, charge, or management of a vessel for the time being.Owner includes any person exercising or discharging, or claiming theright or accepting the obligation to exercise or discharge, any of thepowers or duties of an owner, whether on the person’s own behalf or onbehalf of another and:(a) in relation to goods, other than freight receptacles, includes a

consignor, consignee, shipper or agent for the sale, custody,shipment or unshipment of the goods,

(b) in relation to a freight receptacle, includes a person who hascontracted to carry goods therein, and the owner of any vessel onor from which the freight receptacle is carried or was lastunshipped in a port, and

(c) in relation to a vessel, includes:

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Maritime Services Act 1935 No 47 Section 2A

(i) a person who is the owner of a vessel jointly with any otherperson or persons,

(ii) in relation to a vessel for which while it is in a port or whenit was last in a port there is or was an agent for the berthingor working of the vessel and, where the vessel has left thatport, for which there was no other agent when it last leftthat port—that firstmentioned agent, and

(iii) in relation to a vessel for which when it last left a port therewas an agent other than an agent for the berthing orworking of that vessel when it was in that port—thatfirstmentioned agent.

Port includes:(a) any harbour or haven, whether natural or artificial, or any estuary,

channel, river, creek or roadstead, and(b) any navigable water in which vessels may lie for shelter or for the

shipment or unshipment of goods or passengers.Shore means shore so far as the tide flows and reflows, between highand low water-marks.Trading vessel means any vessel used for or in connection with thecarriage of goods or persons by water from one port to another port inthe course of any business or in connection with any commercialtransaction.Vessel means any ship, lighter, barge, boat, raft, craft and any floatingobject or apparatus used wholly or in part for the conveyance of personsor things by water, of whatsoever description and howsoever navigated,and includes amphibious vehicles, seaplanes, hydroplanes, hydrofoils,hovercraft, sunken or stranded vessels and the wreck or remains of anyvessel.

(1A)–(2) (Repealed)

(3) A reference in this Act to any other Act shall be deemed to include areference to all rules, regulations, by-laws, proclamations, notificationsand instruments made, issued or executed under such Act and for thetime being in force.

2A Ports and Maritime Administration Act 1995

This Act is subject to the Ports and Maritime Administration Act 1995.

2B Transfer of Maritime Services Board’s functions

(1) On the dissolution of the Maritime Services Board the powers,authorities, duties and functions of the Maritime Services Board underthis Act become the powers, authorities, duties and functions of theMinister.

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Maritime Services Act 1935 No 47Section 2B

(2) A reference in this Act to the Board is taken to be a reference to theMinister.

(3) A reference in this Act to an officer of the Board is taken to be areference to a delegate of the Minister or any officer of such a delegate.

Parts 2, 2A 3–4D (Repealed)

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Maritime Services Act 1935 No 47 Section 13D

Part 3 Powers, authorities, duties, functions and obligations of the Maritime Services Board of New South Wales

Divisions 1–3 5–13 (Repealed)

Division 3A Port of Newcastle

13A–13C (Repealed)

13D Control of construction of certain works in Hunter River

(1) This section shall commence upon the date appointed by the Governorunder section 13A.

(2) In that part of the bed and shores of the Hunter River including thechannels and bays thereof extending upstream from the area included inPart 1 of Schedule 3 to a line extending due west across the HunterRiver from the point where the left bank of the Williams River meetsthe left bank of the Hunter River, no person shall without the consent ofthe Board:(a) construct or authorise the construction of any embankment,

retaining wall, reclamation, wharf, dock, pier, jetty, landingstage, mooring apparatus, slip or platform, or

(b) carry out any dredging operations.

(3) This section shall bind the Crown but shall not apply to works ordredging undertaken or authorised by the Crown under the NewcastleHarbour Improvements Act 1953, the Broken Hill ProprietaryCompany Limited (Reclamation and Exchange) Agreement RatificationAct 1950 or the Broken Hill Proprietary Company Limited (Steelworks)Agreement Ratification Act 1950, or otherwise undertaken by theCrown for the purpose of flood control in the Hunter River.

(4) For the purposes of section 13T, any work carried out in contraventionof paragraph (a) of subsection (2) shall be deemed to have been carriedout on land vested in the Board.

13E Carrying out of certain works by Minister for Public Works

The Minister for Public Works in the exercise of the Minister’s powersor authorities under the Newcastle Harbour Improvements Act 1953 andthe Hunter Valley Flood Mitigation Act 1956 shall in respect of anyworks to be carried out upon lands vested in the Board do so at such

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Maritime Services Act 1935 No 47Section 13F

times and in such manner as may be agreed upon between the Ministerfor Public Works and the Board.

13F Obligations of Board in exercise of certain powers

In the exercise of the powers provided for in section 13N in so far as thePort of Newcastle and the Hunter River are concerned it shall beincumbent upon the Board at all times:(a) to have regard to the likely effect of its proposals upon the river

control and flood problems of the Hunter River,(b) to inform the Minister for Public Works of any proposed works

likely to affect the river control and flood problems of such river,and

(c) to consider all objections to such works which may be raised bythe Minister for Public Works, and inform such Minister of theBoard’s decision before proceeding with any construction workinvolved.

13G Disagreements under secs 13E, 13F

If the Board and the Minister for Public Works are unable to agree uponany question or matter arising under or in connection with section 13Eor 13F, the question or matter shall be referred to a Joint Committee andshall be determined by the Treasurer in accordance with the provisionsof subsection (2) of section 13B. The provisions of the said subsectionapplicable to the constitution of Joint Committees shall apply, mutatismutandis, to the constitution of a Joint Committee under this section.

Divisions 3B, 3BA 13H–13JD (Repealed)

Division 3BB Trading installations

13JE Control by Board of the erection etc of installations used by trading vessels

A person who, on or after the date of assent to the Maritime Services(Amendment) Act 1978:(a) erects, constructs, moors or stations any installation in, on or in

the vicinity of any port or navigable waters for use by or inconnection with trading vessels or extends any such installation,or

(b) where an installation has not been used by or in connection withtrading vessels for a period of 2 years or more, permits theinstallation to be used by or in connection with trading vessels,

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Maritime Services Act 1935 No 47 Section 13JF

otherwise than with the written permission of the Board and inaccordance with any condition subject to which that permission isgiven, is liable on summary conviction to a penalty not exceeding 4penalty units.

13JF Investigation of future installations for use by trading vessels etc

(1) The Board may carry out investigations into:(a) the provision of installations for use by or in connection with

trading vessels, or(b) proposals relating to any such installations.

(2) The Board may, with the approval of the Minister and by orderpublished in accordance with subsection (5), prohibit:(a) the construction of any embankment, retaining wall or

reclamation or of a structure of any kind, or(b) the carrying out of any dredging operations,in any area of water specified in the order in, on or in the vicinity ofwhich the provision of an installation for use by or in connection withtrading vessels is under consideration by the Board, otherwise than withthe written permission of the Board and in accordance with anycondition subject to which that permission is given.

(3) The Board shall not refuse to give its permission under subsection (2)nor make that permission subject to any condition unless, in the opinionof the Board, it is necessary to do so to prevent the carrying out of anywork that would adversely affect the provision in, on or in the vicinityof the area of water concerned of the installation under investigation oradversely affect its subsequent operation.

(4) An order made under subsection (2) continues in force until:(a) it is revoked by a further order made by the Board, with the

approval of the Minister, and published in accordance withsubsection (5),

(b) the expiration of 3 years after it was published in the Gazette oron an earlier date specified in the order, or

(c) the vesting in the Board pursuant to section 13JB of any of theland on the bed or shores of the area of water specified in theorder.

(5) An order made under subsection (2) or (4) (a) shall be published in theGazette and in at least one newspaper circulating in the vicinity of thearea of water to which it relates.

(6) A person who carries out any work which is prohibited by an order inforce under subsection (2) without having the written permission of the

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Maritime Services Act 1935 No 47Section 13JG

Board to do so or in contravention of any condition subject to which thepermission was given is liable on summary conviction to a penalty notexceeding 4 penalty units.

(7) Subsection (2) does not apply so as to enable an order to be madeprohibiting the carrying out of any work pursuant to an aquaculturelease under Part 6 of the Fisheries Management Act 1994, a lease underthe Mining Act 1992 or a licence under the Offshore Minerals Act 1999.

13JG Removal of unauthorised works

(1) A person who makes use of any work carried out in contravention ofsection 13JE (a) or 13JF (2) (a) after the expiration of the time specifiedin a notice from the Board served upon the person requiring the personto remove the work is liable on summary conviction to a penalty notexceeding 4 penalty units.

(2) The Board may remove, or authorise the removal of, any work carriedout in contravention of section 13JE (a) or 13JF (2) (a).

(3) The Board may at its option cause or authorise any work or any partthereof removed in pursuance of subsection (2) to be destroyed, storedor sold, or may sell the work on condition that it be removed.

(4) The Board may recover as a debt in a court of competent jurisdiction thecosts and expenses incurred by it in the removal, destruction, storage orsale of any work or part thereof under this section from the person whocarried out the work or who has made use of it after service upon theperson of a notice referred to in subsection (1).

Division 3C Additional powers of Board

13K, 13L (Repealed)

13M Construction of works and provision of services

(1) The Board may upon any land vested in it or under its control ormanagement construct and enclose any embankment, retaining wall,reclamation, wharf, dock, pier, jetty, landing stage, mooring apparatus,slip, platform, or other structure or apparatus, or remove, alter, or repairthe same.

(2) The Board may authorise the construction of any shed, warehouse,building of any description, embankment, retaining wall, reclamation,wharf, dock, pier, jetty, landing stage, slip, platform, tramway, railway,hoisting crane, shears, engine, or other structure or apparatus on anyland subject to any lease or licence granted by it.

(3) The Board may upon any land vested in it:

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Maritime Services Act 1935 No 47 Section 13N

(a) construct, erect, remove, alter or repair such depots, sheds andwarehouses for the reception of goods, such other buildings ofany description, and such tramways, railways, engines, cranes,hoisting and weighing machines, and other apparatus forfacilitating the loading and discharging or the masting orunmasting of vessels or the testing of chains and anchors, and

(b) provide such other conveniences,as it may think expedient for the efficient use of such land, or for theproper administration of its functions.

(4) The Board may, on land vested in it or under its control or management,operate any depots, sheds, warehouses, buildings, tramways, railways,engines, cranes, hoisting and weighing machines, and other apparatusand conveniences for the loading, unloading, transporting or storage ofgoods or otherwise on such conditions and for such fees as it deemsappropriate, or may make such charges as it deems reasonable for theuse thereof and for the services of any persons engaged in the conductand operation thereof.

(5) Where money is appropriated by Parliament for the provision ormaintenance on any land vested in the Board of any facility forcommercial fishing operations or for recreational boating, thosefacilities shall be provided or maintained by the Board and in suchmanner as may be agreed upon between the Minister for Public Worksand the Board.

(6) If the Minister for Public Works and the Board are unable to agree uponany matter arising under or in connection with subsection (5), the mattershall be referred to the Governor for settlement and any determinationmade by the Governor in pursuance of such a reference shall be finaland binding on the Minister and the Board.

13MA (Repealed)

13N Improvement of navigable waters

(1) The Board may, for the purpose of maintaining and improving thenavigation of the rivers and channels within, or leading into, the areasvested in it, dredge, cleanse, and scour the said rivers and channels andalter, deepen, cleanse, scour, cut, enlarge and otherwise alter andimprove the bed of the said rivers and channels.

The Board may reduce or remove any banks or shoals whatsoeverwithin the said rivers and channels; and may abate and remove allimpediments, obstructions, and annoyances, and all nuisances andabuses whatsoever in the said rivers and channels, or on the banks andshores thereof.

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Maritime Services Act 1935 No 47Section 13O

(2) The Board may remove, scour, and take away any shoal, mud-bank orother accumulation which impedes the navigation of any area vested init and may shorten any bend or remove any angle in the course of therivers and channels within any such area.

(3) The Board may cut the banks of the rivers within any area vested in itfor the purpose of making, enlarging, or repairing any dock, canal,drain, sewer, or watercourse, or altering, laying down, or repairing anysuction or other pipe, or for any other purpose whatsoever, and mayauthorise any person to cut the banks for any of the purposes aforesaid,under such restrictions and upon such terms and conditions as the Boardmay deem appropriate.

(3A) The Board may carry out such dredging or deepening of the bed ofnavigable waters or such repair or improvement of the banks or shoresof navigable waters as it considers necessary for the purpose offacilitating the use of those waters by trading vessels.

(4) The Board may within, or in the vicinity of, any area vested in it or anyarea of navigable waters place and lay down or take up such buoys andbeacons and construct and erect such marker piles, channel markers,leading marks, shoal or reef marks and such other apparatus as may benecessary and convenient for navigation or for the protection of vesselsor installations.

(5) No work shall be carried out in pursuance of this section in any areawhich is not vested in the Board without the prior consent and approvalof the person in whom that area is vested and of all proper authoritieshaving jurisdiction or control over that area.

13O Power to make contracts for works to be carried out

(1) The Board may enter into contracts with any person or with the Crownfor the execution of any work or the provision of any services authorisedby this Act to be done or provided by it or for furnishing materials orlabour, or for providing proper engines or other power, or for any othermatters and things whatsoever necessary for enabling it to carry thepurposes of this Act into full and complete effect, in such manner, andupon such terms, and for such sum of money, and under suchstipulations, regulations, and restrictions as the Board may deemappropriate.

(2) The Board shall not carry out any work referred to in section 13M (1)or (3) or section 13N (subsection (4) excepted), other than work carriedout in or in relation to the Ports of Sydney, Newcastle, Port Kembla orBotany Bay, except under a contract entered into pursuant to subsection(1) between the Board and the Minister for Public Works.

13P (Repealed)

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Maritime Services Act 1935 No 47 Section 13Q

13Q Provision of roadways and lighting

The Board may make such provision as it deems necessary upon anyland vested in it for the construction and maintenance of roads andapproaches to any installation and the adequate lighting of suchinstallation, roads and approaches.

13R Patrolling and working of lands and installations

The Board may appoint or may arrange for the provision of suchpersons as it deems necessary from time to time to preserve order on orin relation to any lands and installations vested in it or under its controlor management, to prevent the entry of or to remove any personsmaking use of any such lands and installations for purposes other thanthose for which they are intended to be used or loitering thereon oradjacent thereto and to assist any vessel in making use of any such landsand installations and to conduct and operate any depot, shed,warehouse, building, tramway, railway, engine, crane, hoisting orweighing machine or other apparatus or convenience on any land vestedin it or under its control or management.

13S Rescue and fire-extinguishing operations

The Board may provide and maintain such plant, apparatus and thingsas it deems necessary for the rescue and resuscitation of drowning orapparently drowned persons and for the recovery of drowned personsand for the extinguishing of any fire on vessels or on any propertyvested in it or under its control or management and may employ suchpersons as it deems necessary for the proper operation and use thereof.

13SA (Repealed)

13T Obstructions and encroachments in waters

(1) In this section, structure includes any post, pile, stake, fence, pipe,chain, cable or wire, that is fixed to the soil or to anything fixed to thesoil, any rubble or reclamation, and any other article, material or thingthat is so fixed.

(2) For the purposes of this section a reference to the bed of any watersvested in or controlled by the Board includes a reference to any landwhich, but for the existence of a structure, would be covered by anysuch waters.

(3) Any person who erects any structure in, upon or over the bed of anywaters vested in the Board without first obtaining the permission of theBoard, or who makes use of any structure in, upon or over the bed ofany such waters after the expiration of the time specified in a notice

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Maritime Services Act 1935 No 47Section 13T

from the Board served upon the person requiring the person to removethe structure, shall be liable to a penalty not exceeding 4 penalty units.

(4) The Board may remove or authorise the removal of any structure,erected without its permission in, upon or over the bed of any watersvested in it or not removed in accordance with any notice given undersubsection (3).

(5) Any person who, without lawful authority, erects any structure in, uponor over the bed of any waters controlled by the Board, not being watersvested in the Board, or who, without lawful authority, makes use of anystructure in, upon or over the bed of any such waters after the expirationof the time specified in a notice from the Board served upon the personrequiring the person to remove the structure shall be liable to a penaltynot exceeding 4 penalty units.

(6) Proof of the existence of lawful authority to erect or make use of astructure in respect of which a person is prosecuted for an offence undersubsection (5) shall be upon that person.

(7) Where the existence of a structure in, upon or over any waters controlledby the Board, not being waters vested in the Board, is not authorised bya continuing authority granted in accordance with law or is in breach ofany term or condition subject to which any such authority was granted,the Board may remove or authorise the removal of the structure.

(8) If, for a period of three months, a notice is displayed on or adjacent toany structure erected in, upon or over the bed of any waters controlledby the Board, not being waters vested in the Board, requiring any personwho has been granted an authority to erect, maintain or use the structureor any part thereof to deliver to the Secretary of the Board a statementin writing signed by that person stating by what authority the personerected or is entitled to maintain or use the structure or part thereof, anyperson who, within one month after the expiration of that period, failsto deliver such a statement to the Secretary of the Board shall have noclaim against the Board or any other person removing the structure inaccordance with subsection (7).

(9) The Board may at its option cause or authorise any structure or partthereof removed in pursuance of subsection (4) or (7) to be destroyed orstored or sold, or may sell the structure on condition that it be removed,and may recover in any court of competent jurisdiction the expensesincurred in the removal, destruction, storage or sale of the structure orpart thereof from the person who erected the structure or caused thestructure to be erected or has made use of it after service upon the personof a notice referred to in subsection (3) or after the expiration of theperiod of three months for which a notice referred to in subsection (8)and relating to the structure was displayed.

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Maritime Services Act 1935 No 47 Section 13TA

13TA Erosion or siltation in certain ports

(1) For the purposes of this section and section 13TB:prescribed land means land that is within a distance of ten metresmeasured horizontally on the landward side:(a) from the top of the bank of any non-tidal waters, or(b) from high water mark on the shore of any tidal waters,being in each case waters of which the bed is vested in the Board.prescribed work means:(a) excavation,(b) removal of soil, sand, gravel, stone, rock or other material from

land, or(c) removal of a retaining wall.public authority means:(a) the Board,(b) any other body, corporate or unincorporate, constituted by an Act

where the Governor or a Minister of the Crown appoints one ormore of the members of the body,

(c) a corporation sole constituted by an Act, or(d) a council or a county council within the meaning of the Local

Government Act 1993.

(2) A person (other than a public authority) who does prescribed work onprescribed land is liable on summary conviction to a penalty notexceeding 4 penalty units unless the work is done with the writtenpermission of the Board and in accordance with any conditions subjectto which that permission is given.

(3) Where the Board is satisfied:(a) that the bank or shore of any waters of which the bed is vested in

it is being eroded or is likely to be eroded, or(b) that any material of any kind is being deposited, or is likely to be

deposited, on the bed or shore of any such waters,by reason of or as a result of:(c) the carrying out on any land of any prescribed work (whether or

not the person carrying out the work is liable to a penalty undersubsection (2)), or

(d) the demolition, collapse, partial collapse or disrepair of or anydamage to, a retaining wall or other structure on any land,

the Board may give to the person prescribed by subsection (4) inrelation to the land the notice prescribed by subsection (5).

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Maritime Services Act 1935 No 47Section 13TB

(4) The person prescribed by this subsection in relation to any land is:(a) where the land is not vested in the Crown or a public authority—

the owner of the land, or(b) where the land is vested in the Crown or a public authority and

work referred to in subsection (3) (c) has been carried out on theland in connection with land not so vested:(i) the person who carried out the work, or

(ii) the owner of the land not so vested.

(5) The notice prescribed by this subsection is a notice in writing requiringthe person to whom it is given to take within a reasonable time specifiedin the notice such measures as are necessary to ensure:(a) in the case referred to in subsection (3) (a)—that the erosion

ceases or is prevented and that any erosion that has occurred ismade good, or

(b) in the case referred to in subsection (3) (b)—that the deposit ofmaterial ceases or is prevented and that any deposited material isremoved.

(6) Where any material of any kind escapes from, or is carried by naturalforces from, any land on which a person:(a) stored or accumulated that material, or(b) carried on any work of excavation, earthmoving, material

extraction, demolition, engineering or building construction,and the material is deposited on the bed or shore of any waters of whichthe bed is vested in the Board, the Board may give to that person withrespect to that land the notice prescribed by subsection (7).

(7) The notice prescribed by this subsection is a notice in writing requiringthe person to whom it is given to take within a reasonable time specifiedin the notice such measures as are necessary to ensure:(a) the prevention of any further deposit on the bed or shore of any

waters the bed of which is vested in the Board of any materialescaping, or carried by natural forces, from the land in respect ofwhich it is given, and

(b) that any such material so deposited is removed.

(8) The Board may amend or revoke a notice given under this section.

13TB Compliance with certain notices

(1) Where a person other than a public authority fails to comply with therequirements of a notice under section 13TA the Board may cause therequirements of the notice to be complied with at its own expense and

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Maritime Services Act 1935 No 47 Section 13TC

may recover as a debt in a court of competent jurisdiction the costs andexpenses of so doing.

(2) Where, in any proceedings brought under subsection (1), the court issatisfied that the work caused to be done by the Board to carry out orcomplete the requirements of any notice referred to in that subsectionalso included work which was not, in the circumstances, necessary forproper and effective compliance with those requirements, the court, indetermining the amount of the costs and expenses recoverable by theBoard, may deduct from the costs and expenses of the work caused tobe done by the Board such amount as it considers proper.

13TC Exclusion of Dividing Fences Act 1991

The Dividing Fences Act 1991 does not apply to or in respect of so muchof a sea retaining wall as separates land of the Board from land ofanother owner.

13U Obstruction of waters or lands by vessels or articles

(1) Any person who moors, runs ashore, cuts loose, or abandons any vessel,buoy, or floating object or apparatus, or cuts or slips any chain oranchor, or places or deposits any article, material or thing in, or upon thebed or shores of, any waters vested in or controlled by the Board, or onany land or wharf or in any building vested in or controlled by theBoard, with the intention of avoiding responsibility for the same or withthe intention that the rights of the owner of the same shall be impededor rendered ineffective, shall be liable to a penalty not exceeding 4penalty units.

(2) The owner of any vessel, buoy, floating object or apparatus, chain,anchor, article, material or thing in, or upon the bed or shores of, anywaters vested in or controlled by the Board, or on any land or wharf orin any building vested in or controlled by the Board shall remove thesame within such time as may be specified in a notice from the Boardserved upon the owner requiring the owner so to do, and in default shallbe liable to a penalty not exceeding 4 penalty units.

(3) If the owner of any such vessel, buoy, floating object or apparatus,chain, anchor, article, material or thing fails to comply with therequirements of the notice served upon the owner under subsection (2),or if the identity or address of the owner of the same cannot beestablished after such enquiry as the Board considers reasonable, or ifin the opinion of the Board it is essential in the interests of navigationor for the proper and efficient use of any such land, wharf or building,or for the safe keeping or preservation of such vessel, buoy, floatingobject or apparatus, chain, anchor, article, material or thing in or uponthe bed or shores of any waters vested in or controlled by the Board, oron any land or wharf or in any building vested in or controlled by the

Page 15


Maritime Services Act 1935 No 47Section 13U

Board, that the same be removed without delay, or if it appears to theBoard that the same is occupying such waters, land, wharf, or buildingas aforesaid in contravention of any Act, by-law, regulation or rule withthe administration of which the Board is charged, the Board mayassume possession of the same, and may if it deems that thecircumstances so require remove the same and, in the case of a sunkenor unseaworthy vessel, or other object or article which in its opinioncannot otherwise reasonably be dealt with, may blow up or demolish thesame for the purpose of removal.

(4) Any vessel, buoy, floating object or apparatus, chain, anchor, article,material or thing possession of which has been assumed or which hasbeen removed by the Board in accordance with subsection (3), or anycomponent part thereof, shall be dealt with as follows:(a) if in the opinion of the Board the same has no value it shall be

destroyed, otherwise it shall be held in the custody of the Boardin such place as the Board deems appropriate, and may be sorepaired and treated as shall in the Board’s opinion be necessaryto preserve its utility and value,

(b) if any person establishes to the Board’s satisfaction the person’sownership of the same the person shall be entitled to receive thesame upon payment of the expenses incurred in respect of theassuming possession, removal, custody, repair and treatmentthereof, as fixed by the Board,

(c) if no person has established ownership of, and paid such expensesas aforesaid in respect of the same, the Board, after such lapse oftime and such inquiry or public advertisement as it shall in thecircumstances deem appropriate, may sell the same in suchmanner as it thinks fit, or if in its opinion the value of the same tothe Board would exceed the proceeds of sale, may appropriate thesame and credit the owner thereof with such value,

(d) if the net proceeds of sale of, or the credit allowed as aforesaidfor, the same exceeds the expenses incurred in respect of theassuming possession, removal, custody, repair and treatmentthereof as fixed by the Board, the surplus shall be paid by theBoard on demand to the owner thereof,

(e) the Board may recover from the owner of the same the expensesincurred in the assuming possession, removal, custody, repairand treatment thereof, as fixed by the Board, after deductiontherefrom of the net proceeds of any sale thereof or any creditallowed therefor,

(f) if the same has been destroyed pursuant to paragraph (a), theBoard may recover from the owner of the same the expenses

Page 16


Maritime Services Act 1935 No 47 Section 13V

incurred in the assuming possession, removal, custody anddestruction thereof, as fixed by the Board.

(5) Nothing in this section shall affect or diminish the rights of the ownerof any land in respect of such land, or of any lessee, tenant, or licenseein respect of the premises included in his or her lease, tenancy orlicence.

(6) If a notice is given under subsection (2) in respect of any vessel, buoy,floating object or apparatus, chain, anchor, article, material or thing,which is the subject of:(a) a warehouseman’s lien in a warehouse of the Board, or(b) any rate or charge under an Act or regulation, administered by the

Board, which has the effect of prohibiting the removal of thesame unless payment of the rate or charge is first made,

the owner shall, unless the notice otherwise provides, before removingthe same in compliance with the requirements of the notice, pay theamount of the lien, rate or charge and, unless the notice permits removalbefore payment, the refusal of any person to permit the owner to removethe same unless and until such payment is made shall not constitute adefence in any prosecution of the owner for failing to comply with therequirements of the notice.

(7) If any rate or charge is payable to the Board in respect of, or if anywarehouseman’s lien had attached in a warehouse of the Board to, anyvessel, buoy, floating object or apparatus, chain, anchor, article,material or thing which is held in the custody of, or sold by, the Boardunder subsection (4), the amount owing to the Board in respect of suchrate, charge or lien may be included by the Board in the expenses whichare payable to the Board, or which may be retained by the Board fromany proceeds of sale or any credit allowed, in terms of that subsection.

13UA, 13UB (Repealed)

13V Hiring and disposal of plant

The Board may hire or lease to any person any vessels, floating andmovable plant, mobile cranes, vehicles, machinery or apparatustogether with the services of any persons employed in the operationthereof upon such terms as it deems fit, and may dispose of any vessels,floating and movable plant, mobile cranes, vehicles, machinery,apparatus, tools or materials which are or have become unnecessary forthe conduct of its functions by sale or otherwise to any person in suchmanner as it deems fit.

13W (Repealed)

Page 17


Maritime Services Act 1935 No 47Section 13WA

13WA Information regarding harbour master’s directions etc

(1) The Board may, for the purposes of providing relevant information tothe public, make available (at such reasonable cost and in such manneras the Board may from time to time determine) a handbook or otherpublication containing the information.

(2) Relevant information includes the kinds of directions that may be givenby a harbour master and such other general information regarding thedirection and control of vessels under that section as the Boardconsiders to be appropriate.

13X Board may require work to be carried out on vessel

(1) If in the opinion of the Board any vessel in or on the shores of any portused by trading vessels is unseaworthy or likely for any reason to causedamage to property or persons or to become a danger to shipping, theBoard may serve notice on the owner thereof, or alternatively may affixto the vessel (if practicable) and publish in the Gazette and onenewspaper circulating in the district a notification requiring that suchwork be carried out in and about the vessel as the Board deemsnecessary within the time stated in such notice or notification or that thevessel be destroyed.

(2) If the requirements of the Board are not so carried out, the Board mayat its option:(a) carry out the work required,(b) contract with any person for the carrying out of such work on

such terms as it deems fit,(c) destroy the said vessel or contract with any person for the

destruction of the said vessel and sell in such manner as it deemsfit any material or other property recovered from the vessel whichin the Board’s opinion has a sale value, or

(d) sell the said vessel for purposes of destruction to any person onsuch terms as it deems fit.

(3) Any surplus moneys remaining after the deduction from the proceeds ofany sale pursuant to paragraph (c) or (d) of subsection (2) of the chargesand expenses incurred in the publication of any notification, thedestruction of the vessel and the conducting of such sale shall be paidby the Board on demand to the person who at the time of the serving orpublication of the said notice or notification was the owner of the vessel.

(4) Any moneys remaining due to the Board in respect of:(a) the charges and expenses incurred in the publication of any

notification and the carrying out of any work pursuant toparagraph (a) or (b) of subsection (2), or

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Maritime Services Act 1935 No 47 Section 13Y

(b) the charges and expenses incurred in the publication of anynotification and the destruction of the vessel and the conductingof any sale pursuant to paragraph (c) or (d) of subsection (2), afterallowing for the net proceeds of such sale,

shall be paid on demand to the Board by the person who at the time ofthe serving or publication of the said notice or notification was theowner of the vessel, and if unpaid may be recovered as a debt in anycourt of competent jurisdiction.

13Y Obstruction

Any person who obstructs or hinders the Board or any of its officers,servants or agents, or any person who has contracted with the Board orthe officers, servants or agents of any such person, in the doing ofanything authorised by section 13X shall be liable to a penalty notexceeding 4 penalty units.

13YA Liability of owners of vessels etc for damage to Board’s property

(1) This section shall apply:(a) to any damage done by any vessel, any floating timber or other

material, or any person employed about the vessel, timber ormaterial to any installation, structure or fixed or movableproperty of any kind vested in or in the possession of the Board,and

(b) to the obstruction of the full and proper use of any port used bytrading vessels, or of any installation or structure vested in or inthe possession of the Board, occasioned by or resulting from thesinking, stranding or breaking up of any vessel or of any timberor other material.

(2) Where any damage or obstruction to which this section applies occurs:(a) the owner of the vessel, timber or material concerned, shall be

liable, and(b) if the damage or obstruction was occasioned by the negligent act

or default of the master of the vessel concerned or the personhaving charge of the timber or material concerned, the ownerthereof and also such master or person shall be jointly andseverally liable,

to pay to the Board all costs and expenses incurred in the repair andreinstatement of the installation, structure or property damaged, or inthe removal of the obstruction and restoration of full and proper use ofthe port, installation or structure concerned, as the case may be.

(3) Any amount payable under subsection (2) which is not paid to the Boardmay be recovered by it as a debt in any court of competent jurisdiction.

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Maritime Services Act 1935 No 47Section 13YB

13YB Land vested in Board taken to be Crown land for certain purposes

For the purposes of the Offshore Minerals Act 1999, the Mining Act1992 and the Petroleum (Onshore) Act 1991, land vested in the Boardshall be deemed to be and to have always been Crown land.

13YC Grant of rights of way under the Petroleum (Onshore) Act 1991

(1) Subject to this section, section 106 of the Petroleum (Onshore) Act 1991does not extend to land that is vested in the Board or forms that part ofthe bed and shores of the Hunter River to which section 13D applies.

(2) Subsection (1) does not apply where:(a) application is made under section 106 of the Petroleum

(Onshore) Act 1991 for a right of way,(b) the Board is notified of the application and is furnished with such

information with respect thereto as it reasonably requires, and(c) the Board, within one month after being notified of the

application or within such further time as the Under Secretary ofthe Department of Mines may specify:(i) notifies that Under Secretary that the Board is not prepared

to grant to the applicant a right of way in substitution forthe right of way applied for, or

(ii) notifies that Under Secretary that the Board and theapplicant are unable to reach agreement as to the terms andconditions upon which the Board will grant such a right ofway.

13Z Leases and licences under other Acts

(1) The Director-General of the Department of Industry and Investmentmust give to the Board not less than twenty-one days’ notice of anyproposal to grant any lease or licence under the Offshore Minerals Act1999, the Mining Act 1992 or the Petroleum (Onshore) Act 1991 inrespect of any land:(a) vested in the Board,(b) contained in that part of the bed and shores of the Hunter River to

which section 13D applies, or(c) contained in that part of the bed and shores of any area of water

specified in an order in force under section 13JF (2).

(1A) The Director of the New South Wales State Fisheries shall give to theBoard not less than 21 days’ notice of any proposal to grant anyaquaculture lease under Part 6 of the Fisheries Management Act 1994in respect of any land referred to in subsection (1).

Page 20


Maritime Services Act 1935 No 47 Section 13Z

(2) If, notwithstanding representations of the Board to the contrary, it isdecided that any such lease or licence shall be granted, the Board shallbe notified accordingly and may, within fourteen days of such notice,refer the dispute to the Minister for settlement by the Governor.

(3) The Governor may make such order in the public interest and in thecircumstances of the case as may seem to the Governor to be just andequitable.

Divisions 4–6 14–28A (Repealed)

Page 21


Maritime Services Act 1935 No 47Section 30A

Part 4 Miscellaneous

29, 30 (Repealed)

30A Service of notices and legal processes

(1) Any notice required to be given under any Act, by-law, regulation orrule with the administration of which the Board is charged may besufficiently served by posting the same duly stamped and addressed tothe person to whom such notice is directed at the person’s place ofabode or business last known to the Board, or in the manner hereinprescribed for service of any summons or process.

(2) Any summons or other process in any legal proceeding under any suchAct, by-law, regulation or rule may be sufficiently served by deliveringthe same:(a) personally to the person to be served, or(b) at the person’s place of abode or business last known to the

Board, or(c) on board any vessel to which the person belongs, and

accompanied with a statement of the purport thereof to the personbeing or appearing to be in command or charge of such vessel.

(3) The service of any notice, summons or process under this section maybe proved in any legal proceedings either by the oath or by the affidavitof the person by whom it was served or otherwise.

30B Powers of entry and inspection

(1) Any officer or employee of the Board or any member of the police forcemay enter and inspect any vessel, structure or wharf, or any land orbuilding, in any waters controlled by the Board, or in or adjacent to orin the vicinity of any area vested in or controlled by the Board, for thepurpose of ascertaining if any breach of any Act, by-law, regulation orrule, with the administration of which the Board is charged, has beencommitted, at any time reasonable in the circumstances, and may theremake such measurements or tests, take such photographs and removesuch specimens or samples of any substance, material or thing as mayin the circumstances be reasonable.

(2) Any person who prevents or obstructs the entry of any such officer oremployee or member of the police force, or the making by him or her ofsuch measurements or tests, the taking by him or her of suchphotographs or the removal by him or her of such specimens or samples,shall be liable to a penalty not exceeding 4 penalty units.

Page 22


Maritime Services Act 1935 No 47 Section 30C

30C Liability of vehicle owner for parking offences

(1) When a parking offence occurs in relation to any vehicle the person whoat the time of the occurrence of the offence is the owner of the vehicleshall, by virtue of this section, be guilty of an offence under theregulation concerned in all respects as if the owner were the actualoffender guilty of the parking offence unless:(a) in any case where such offence is dealt with under section 30D,

such owner satisfies the prescribed officer under section 30D thatsuch vehicle was at the relevant time a stolen vehicle or a vehicleillegally taken or used,

(b) in any other case the court is satisfied that such vehicle was at therelevant time a stolen vehicle or a vehicle illegally taken or used.

(2) Nothing in this section shall affect the liability of the actual offender butwhere a penalty has been imposed on or recovered from any person inrelation to any parking offence no further penalty shall be imposed onor recovered from any other person in relation thereto.

(3) Notwithstanding anything in the foregoing provisions of this section noowner of a vehicle shall by virtue of this section be guilty of an offenceif:(a) in any case where such offence is dealt with under section 30D,

the owner:(i) within twenty-one days after service on the owner of a

notice under section 30D alleging that the owner has beenguilty of such offence, supplies by statutory declaration tothe prescribed officer under section 30D the name andaddress of the person who was in charge of the vehicle atall relevant times relating to the parking offenceconcerned, or

(ii) satisfies such prescribed officer that the owner did notknow and could not with reasonable diligence haveascertained such name and address,

(b) in any other case the owner:(i) within twenty-one days after service on the owner of a

summons in respect of such offence, supplies by statutorydeclaration to the informant the name and address of theperson who was in charge of the vehicle at all relevanttimes relating to the parking offence concerned, or

(ii) satisfies the court that the owner did not know and couldnot with reasonable diligence have ascertained such nameand address.

Page 23


Maritime Services Act 1935 No 47Section 30D

(4) A statutory declaration under subsection (3) if produced in anyproceedings against the person named therein and in respect of theparking offence concerned shall be prima facie evidence that suchperson was in charge of the vehicle at all relevant times relating to suchparking offence.

(5) A statutory declaration which relates to more than one parking offenceshall not be deemed to be a statutory declaration under or for thepurposes of subsection (3).

(6) In this section:Owner of a vehicle includes the responsible person for the vehiclewithin the meaning of the Road Transport (General) Act 2005.Parking offence means any offence of standing or parking a vehicle orof causing or permitting a vehicle to stand, wait or be parked incontravention of any regulation under this Act.

(7) The provisions of this section shall be in addition to and not inderogation of any other provisions of this or any other Act.

30D Penalty notices for certain offencesEditorial note. See also Part 3 of the Fines Act 1996.

(1) A police officer or a prescribed officer may serve a penalty notice on aperson if it appears to the police officer or the prescribed officer that theperson has committed:(a) an offence under section 13SA, or(b) a prescribed offence under any regulation, or(c) a prescribed offence under the Commercial Vessels Act 1979 or a

regulation under that Act, or(d) a prescribed offence under the Navigation Act 1901, being an

offence arising under the Navigation (Collision) Regulations1983 that is committed by the owner or master of:(i) a vessel to or in relation to which the Commercial Vessels

Act 1979 applies, or(ii) a vessel referred to in section 4A (2) of that Act, or

(iii) a vessel the subject of an exemption under section 48 ofthat Act, or

(iv) a recreational vessel (within the meaning of the Ports andMaritime Administration Act 1995).

(1A) A police officer or a prescribed officer may also serve a penalty noticeon a person if it appears to the police officer or the prescribed officerthat the person is, by virtue of section 30C, guilty of a parking offence(within the meaning of that section) that is a prescribed offence.

Page 24


Maritime Services Act 1935 No 47 Section 30D

(1B) A penalty notice is a notice to the effect that, if the person served doesnot wish to have the matter determined by a court, the person may pay,within the time and to the person specified in the notice, the amount ofpenalty prescribed by the regulations for the offence if dealt with underthis section.

(2) Any notice under subsection (1) or (1A):(a) may be served in a manner provided by section 30A, or(b) if it relates to an offence of which the owner of a vehicle is guilty

by virtue of section 30C, may be addressed to the owner withoutnaming the owner or stating the owner’s address and may beserved by leaving it on or attaching it to the vehicle.

(3) (Repealed)

(4) Where the amount of any prescribed penalty for an alleged offence ispaid pursuant to this section no person shall be liable for any furtherproceedings for the alleged offence.

(5) Payment of a penalty pursuant to this section shall not be regarded as anadmission of liability for the purpose of nor in any way affect orprejudice any civil claim, action or proceeding arising out of the sameoccurrence.

(6) The regulations may:(a) prescribe the offences which shall be prescribed offences for the

purposes of this section by setting out such offences or by areference to the regulation or part of the regulation creating theoffence,

(b) prescribe the amount of penalty payable under this section forany prescribed offence or any offence under section 13SA,

(c) for the purposes of this section, prescribe different amounts ofpenalties for different offences or classes of offences or foroffences or classes of offences having regard to thecircumstances thereof,

(d) prescribe the persons or classes of persons who shall beprescribed officers for the purposes of this section.

(7) No penalty prescribed under this section for any offence shall exceedany maximum amount of penalty which could be imposed for suchoffence by a court.

(8) The provisions of this section are supplemental to and not in derogationof the provisions of any other section of this Act or any other Act inrelation to proceedings which may be taken in respect of offences.

30E (Repealed)

Page 25


Maritime Services Act 1935 No 47Section 30F

30F Information to be given to identify master of vessel

(1) Where the master of a vessel is alleged to be guilty of an offence underany Act, by-law, regulation or rule with the administration of which theBoard is charged:(a) the owner of the vessel, or the person having the control of the

vessel, or where such owner or person is a company the secretaryof the company shall, when required so to do by an officer of theBoard or a member of the police force, forthwith furnish astatement in writing and signed by such owner, person orsecretary, stating the name and address of such master, and if anysuch owner, person or secretary fails to do so he or she shall beguilty of an offence against this Act and liable to a penalty notexceeding 4 penalty units unless he or she proves to thesatisfaction of the court that he or she was unable to furnish suchstatement and that his or her inability to do so was not due to anylack of proper supervision on his or her part of the use made ofthe vessel, and

(b) any other person shall, if required as aforesaid, give anyinformation which it is in the person’s power to give and whichmay lead to the identification of such master and, if the personfails to do so, the person shall be guilty of an offence against thisAct and liable to a penalty not exceeding 4 penalty units.

(2) Where a statement in writing purporting to be furnished underparagraph (a) of subsection (1) and to contain particulars of the nameand address of the master of a vessel at the time of the commission ofan alleged offence referred to in that subsection is produced in any courtin proceedings for the offence against the person named in the statementas the master, the statement shall be evidence without proof of signaturethat the person was the master of such vessel at such time.

30G Requirements in case of accident

(1) In this section the word vessel means a vessel of less than 30 metres inlength overall.

(2) Where, owing to the presence of a vessel in any port or navigablewaters, an accident occurs, the master of a vessel concerned in theaccident:(a) shall stop the master’s vessel,(b) if the accident results in the death of or injury to any person, or in

damage to a vessel which affects the seaworthiness of the vesselor the safety of persons on board the vessel, shall give anyassistance which may be necessary and which it is in the master’spower to give,

Page 26


Maritime Services Act 1935 No 47 Section 32

(c) if required so to do by any person having reasonable grounds forso requiring, shall produce any licence to navigate a vessel atspeed, licence as coxswain or master’s certificate, which themaster holds, and shall give particulars of the master’s name andplace of abode, the name and address of the owner of the vessel,the name of the vessel and any distinguishing number which is,or is required to be, displayed by the vessel in pursuance of or byany Act or regulation,

(d) if required so to do by any officer of the Board or any member ofthe police force, shall give such particulars as it is in the master’spower to give as to the time, place and nature of the accident, thename of every vessel concerned in the accident and anydistinguishing number which was carried by any such vessel, thename and address of every person who was concerned in or whowitnessed the accident, and the extent of any injury or damageresulting from the accident, and

(e) if such accident has resulted in the death of or injury to anyperson, or in damage to a vessel or to any other property to anextent apparently exceeding one hundred dollars, shall, as soon aspracticable and in any case within twenty-four hours after theaccident, forward to the Board in writing the particulars that,under paragraph (d), the master may be required to give, unlesssuch particulars have already been given by the master to amember of the police force, or to an officer of the Board, whorequired the master to give such particulars.

(3) Any person who:(a) without reasonable excuse, fails to comply with any provision of

subsection (2), or(b) wilfully furnishes any false or misleading particulars in respect of

any matter pursuant to paragraph (c), (d) or (e) of subsection (2),shall be guilty of an offence against this Act and liable to a penalty notexceeding 4 penalty units.

31, 31A (Repealed)

32 Variations in proceedings

(1) Any direction, authorisation or approval by the Board or by a membergiven, pursuant to this Act or to any other Act, by-law, regulation or rulewith the administration of which the Board is charged, for thecommencing of any prosecution or legal proceedings against any personshall be deemed a direction, authorisation or approval for thecommencing of any other prosecution or proceedings against such

Page 27



person arising from or connected with the same or substantially thesame facts.

(2) The provisions of section 65 of the Justices Act 1902 apply to any suchdirection, authorisation or approval in the same manner as thoseprovisions apply to an information, complaint, summons or warrant.

33 (Repealed)

34 Proof of certain matters not required

(1) In any prosecution or legal proceedings by or under the direction orauthority of or on behalf or for the benefit of the Board no proof shallbe required (until evidence is given to the contrary) of:(a) (Repealed)(b) any order of the Board,(c) the particular or general appointment of any officer of the Board

or any member of the police force to take proceedings against anyperson,

(d) the powers of any officer or any member of the police force toprosecute or take proceedings,

(e) the fact that any particular matter or place is within thejurisdiction of the Board,

(f) the fact that the defendant is, or at any relevant time was, theowner or occupier of any land in question,

(g) the fact that the defendant is, or at any relevant time was, theowner or in possession, control, or in charge of any thing inquestion,

(h) the fact that the defendant is, or at any relevant time was, themaster or person in charge of any vessel or ship in question,

(i) the fact that the defendant is, or at any relevant time was, theowner or agent of any vessel or ship in question,

(j) the fact that, at any relevant time, any vessel or ship was not usedsolely for pleasure or was used for profit or reward,

(k) the fact that any vessel or ship was, at any relevant time, of sucha net tonnage, gross tonnage or length that any provision of anyAct, by-law, regulation or rule with the administration of whichthe Board is charged applied to it,

(l) the fact that the owner of any vessel or ship in question does not,or did not at any relevant time, hold in respect of the vessel orship a valid and unexpired certificate of compliance with, or avalid or unexpired certificate of survey issued under, theprovisions of any Act or regulation administered by the Board,

Page 28



(m) the appointment of any person under any Act, by-law, regulationor rule with the administration of which the Board is charged,

(n) the fact that any land in question is, or at any relevant time was,vested in the Board or in the Crown or any Minister of the Crownor any statutory body,

(o) the fact that the control and management of any land vested in theCrown or any Minister of the Crown or any statutory body is, orat any relevant time was, properly placed in the Board or in TheHousing Commission of New South Wales or in the Board asdeputy, attorney or agent of The Housing Commission of NewSouth Wales.

(2) For the purpose of any such prosecution or legal proceedings, a personshall be deemed to be the owner of a vessel or ship notwithstanding thatthe person has mortgaged, chartered, leased or hired in any way thevessel or ship or that any other person is entitled, whether at law or inequity, to any share or interest in the vessel or ship.

(3) For the purposes of this section:(a) a certificate purporting to be signed by the Secretary of the Board

and certifying that the Board has directed that any prosecution orlegal proceedings referred to in the certificate be commencedshall be evidence of that direction,

(b) any prosecution or legal proceedings undertaken by an officer ofthe Board shall be deemed to have been directed by the Board inthe absence of proof to the contrary, and

(c) any prosecution undertaken by a member of the police force inpursuance of any Act, by-law, regulation or rule with theadministration of which the Board is charged, shall be deemed tohave been directed by the Board in the absence of proof to thecontrary.

(4) In any prosecution or legal proceedings by or under the direction orauthority of or on behalf or for the benefit of the Board:(a) any writing purporting to be a copy of a licence, certificate or

permission granted by the Board, or of a direction under the handof an officer or employee of the Board that compliance with arequirement of any Act, by-law, regulation or rule with theadministration of which the Board is charged be dispensed with,or of an instrument granting exemption from any suchrequirement, or of any conditions subject to which suchdispensation or exemption was granted, and purporting to becertified as a true copy of such licence, certificate, permission,direction, instrument or conditions by the Secretary of the Board,shall be prima facie proof of the terms of such licence, certificate,

Page 29



permission, direction, instrument or conditions and that it wasduly granted or given and duly issued, and production of theoriginal licence, certificate, permission, direction, instrument orconditions shall not be required,

(b) a certificate purporting to be signed by the Secretary of the Boardthat any certificate, licence, permit, registration or exemptionunder any Act, by-law, regulation or rule with the administrationof which the Board is charged or any renewal of any suchcertificate, licence, permit, registration or exemption has not beenissued, granted or effected or was not in force on a day specifiedin the certificate purporting to be so signed shall be prima facieproof of the facts stated therein,

(c) a copy of the Gazette containing any notification purporting to bemade under any Act, by-law, regulation or rule with theadministration of which the Board is charged shall be prima facieproof of the due making of the notification and of its contents,

(d) a certificate purporting to be signed by the Secretary of the Boardthat any licence, registration, certificate, permission or directiongranted, effected, issued or given by the Board, was cancelled,suspended or revoked by the Board or that any application madeto the Board was refused by the Board shall be prima facie proofof such cancellation, suspension, revocation or refusal and wherethe certificate purporting to be so signed specifies the groundsupon which the licence, registration, certificate, permission,direction or application was cancelled, suspended, revoked orrefused, of the grounds for the cancellation, suspension,revocation or refusal,

(e) the statement in a daily newspaper circulating throughout NewSouth Wales of the times of sunrise and sunset on any day shallbe prima facie proof of such times.

(5) In any prosecution or legal proceedings by or under the direction of oron behalf of or for the benefit of the Board, or in any Court of MarineInquiry, evidence that:(a) a message or signal was transmitted, given or made by an officer

of the Board in the course of the officer’s duties, and(b) the vessel to which the message or signal was transmitted, given

or made was so located as to be able to receive the message orsignal,

shall be prima facie proof that the message or signal was received by themaster of the vessel concerned.

35–36A (Repealed)

Page 30



37 Proof of regulations

In any prosecution or legal proceedings any writing purporting to be acopy of any regulation made under this Act, the Sydney Harbour TrustAct 1900, the Navigation Act 1901 or any other Act with theadministration of which the Board is charged and purporting to becertified as a true copy of such regulation by the Secretary of the Boardor by the officer of the Board for the time being acting as Secretary ofthe Board shall be evidence that such regulation was duly made or dulymade and confirmed and that it is still in force without any proof of theofficial character or of the signature of the person appearing to havesigned such writing.

37A Application of penalties

(1) All penalties recovered for offences against this Act or any regulationmade under this Act shall be paid to the Board.

(2) All proceedings for offences against this Act or the regulations shall bedisposed of summarily before the Local Court.

38 Regulations

(1) The Governor may make regulations not inconsistent with this Act orwith any other Act with the administration of which the Board ischarged:(a) in relation to any authority, duty, function, obligation or power

conferred or imposed on the Board,(b) in relation to any land vested in the Board or any matter or thing

over which the Board has control or the general superintendence,(c) prescribing all matters which are required or permitted to be

prescribed, or which are necessary or convenient to beprescribed, for carrying out or giving effect to this Act, theSydney Harbour Trust Act 1900 or the Port Rates Act 1975.

(2) In particular and without limiting the generality of the foregoing powerthe Governor may make regulations for or in relation to:(a) the marking, sorting, stacking, loading, unloading, delivery and

the handling generally of cargo and goods in any port or on anywharf or on any land vested in the Board or under its control ormanagement,

(ai) the removal of such cargo or goods by the owner thereof, or bythe owner of a vessel who has received such cargo or goods forshipment on that vessel, from such port, wharf or land, theremoval by the Board of any such cargo or goods or any classthereof to any other place vested in or controlled by the Board, orthe depositing of the same by the Board in any bond or store, the

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imposition in respect of any cargo or goods or any class thereofnot removed by the owner thereof, or by the owner of a vesselwho has received such cargo or goods for shipment on thatvessel, from any such port, wharf or land within any time or timesspecified in the regulations of charges either general inapplication or specifically applying to particular classes of cargoor goods, particular wharves or areas or particular times orcalculated by reference to the average dimensions or weight ofany separate portions of any cargo or goods or by reference tosuch method as may be prescribed by the regulations, and therecovery by the Board of the costs and expenses incurred in theremoval of any such cargo or goods and in cleansing orreinstating any wharf or land affected by such cargo or goods,

(aii) the imposition, in respect of vessels which enter or leave any portor ports or which are berthed at any installation or any class orclasses of installations in any port or ports, of passenger ratescalculated by reference to any one or more of the following,namely, the number of passengers carried, embarked, ordisembarked on, on to or from any such vessel, the voyage orclass of voyage made or to be made, the class of accommodationprovided, the passage money charged, or any other circumstancesspecified in the regulations,

(b) controlling and regulating the occupation of navigable waters bystructures or floating objects or apparatus or by vesselsoccupying navigable waters for the purpose other than the normalincidents of a voyage, and the use of moorings,

(c) notwithstanding anything contained in section 86 of the SydneyHarbour Trust Act 1900, the prevention, prohibition orregulation, whether by the adoption of standards or otherwise, ofthe doing or continuance, in or on any waters or lands vested inor controlled by the Board or in the vicinity thereof, of anythinglikely to cause the pollution of the navigable waters lying withinone nautical league of the coast or the inland navigable waters ofNew South Wales or the foreshores or shores of any suchnavigable waters or inland navigable waters, or any portion ofsuch navigable waters, inland navigable waters, foreshores orshores,

(d) the management, control or development of any port or wharf orany land vested in the Board or under its control or management,

(e) controlling and regulating the use of any portion of the bed,foreshores, or shores of any port,

(ei) prohibiting or regulating on, or in connection with, any vessel,floating object, apparatus or structure in any navigable waters,the carrying on of any activity or operation, or the installation or

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use of any fitting, equipment or machine, which may causeannoyance, nuisance, injury or danger to any person, damage orrisk of damage to any property or pollution of navigable waters,or which involves the emission of noise, smoke, dust, cinders,solid particles of any kind, gases, fumes, mist, odours,radio-activity or radio-active substances,

(eii) prescribing equipment to be installed to prevent or limit anyemission referred to in paragraph (ei),

(f) generally controlling and regulating the navigation, use andequipment of vessels in the navigable waters of New SouthWales and, without limiting the generality of the foregoing:(i) the proper, safe, and efficient conduct of navigation and of

maritime and aquatic activities,(ii) preventing interference by or in the use of any vessel with

the operation or use of any other vessel,(iii) preventing the operation or use of any vessel in a manner

that may cause annoyance, nuisance, injury or danger toany person or damage or risk of damage to any property,and

(iv) preventing or limiting the emission from vessels of noise,smoke, dust, cinders, solid particles of any kind, gases,fumes, mist, odours, radio-activity or radio-activesubstances, prescribing the equipment to be installed invessels to prevent or limit any such emission, andpreventing or regulating the use, movement or operation ofvessels in such manner as may cause, increase, or rendermore serious the effect of, any such emission,

(fi) the issue by the Board and the use and return to the Board ofspecial plates for attachment to vessels, the conditions subject towhich any such plates may be issued or used, the fees payable inrespect of any such plates, the exemption of the owner or masterof any vessel to which any such plate is attached from such of theprovisions of any Act, by-law, regulation or rule with theadministration of which the Board is charged as may be specifiedin the regulations made under this paragraph or in any conditionssubject to which any such plates may be issued or used, and theimposition of penalties not exceeding 4 penalty units for anybreach of any regulation made under this paragraph or of anycondition subject to which any plate may be used,

(g) the commencement, carrying-out, completion and controlgenerally of all work connected with the cutting-down,demolition, destruction and removal of any vessel or structure inany port and the imposition of fees in relation to any such work;

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the removal by any means whatsoever of derelicts, impediments,obstructions, nuisances, wrecks and the like,

(h) the precautionary or safety measures to be taken and the controlgenerally of all matters relating to the conveying, loading,unloading, delivery and the handling generally of explosives inany port,

(i) the control, regulation and management generally of all mattersrelating to vessels in any port and to vehicles of any descriptionand their drivers on any wharf or on any property vested in theBoard or under its management or control,

(j) the licensing of porters and prescribing their duties,(k) controlling and regulating the use of any vehicle or machine of

any description operating on any wharf or on any property vestedin the Board or under its management or control,

(l) the payment of fees to assessors engaged in a court of marineinquiry,

(m) the keeping and using, by persons concerned with the marking,sorting, stacking, loading, unloading, delivery and the handlinggenerally of cargo or goods in any port or on any wharf or landvested in or controlled by the Board, of records and formsrelating to such operations, providing for inspection of suchrecords and forms by or on behalf of the Board, providing for thefurnishing of such records and forms, or copies or extractsthereof, for use in any legal proceedings instituted by the Boardor by its direction,

(n) prohibiting or regulating on any vessel, or on any land or in anybuilding vested in or controlled by the Board, the carrying on ofoperations involving risk of fire, explosion or other damage topersons or property or any danger to health, and prohibiting theentry to any port or place, and in general controlling themovements, of vessels which for any reason constitute such a riskor danger,

(ni) the carriage and use by a vessel within a port of equipment andapparatus for the receipt or despatch of messages or signals or forthe purpose of indicating, by the emission or reflection of signalsor otherwise, the location and movements of such vessel,

(o) the conduct of persons using or being upon or in any land, wharf,depot, shed, warehouse or other place vested in or controlled bythe Board, the prevention of the improper use of the same and ofobjectionable or dangerous conduct thereon or therein, and theprevention of damage or injury to any such land, wharf, depot,shed, warehouse or place, or to any goods, cargo, plant,

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machinery, vehicles or things, or to other persons, thereon ortherein,

(p) prohibiting or regulating the presence of, or any specified activityof, persons:(i) in any navigable waters in the vicinity of or within a

prescribed distance of any moored, anchored, sunken orstranded vessel, or

(ii) in or on, or on land adjacent to, any navigable waters orany lands vested in or controlled by the Board, in thevicinity of or within a prescribed distance of any wharf orinstallation which is used for the shipment or unshipmentof cargo, any installation used for the construction, repairor refitting of vessels, any depot, shed, warehouse or areaused for the storage, handling or safe keeping of cargo,goods, vehicles, plant, equipment or materials, or any siteon which construction work is being carried out by theBoard or any public authority,

(q) subject to subsection (3A), describing the boundaries of any portor area of water.

(2A) Without limiting the generality of any other provision of this section,the power of the Governor to make regulations under this sectionincludes power to make regulations for or with respect to:(a) the erection by the Board of signs and notices for the purpose of

prohibiting or regulating the movement, standing, waiting orparking of vehicles on any wharf or property vested in the Boardor under its control or management and the imposing of penaltiesnot exceeding 2 penalty units for any failure to comply with anysuch sign or notice,

(b) the installation by the Board of parking meters on any such wharfor property for the purpose of regulating the standing, waiting orparking of vehicles in any place on any such wharf or propertyand the operation and protection from damage of any parkingmeters so installed,

(c) the demanding, recovery or collection by the Board of suchcharges or fees as may be fixed by the Board in respect of anyvehicle standing, waiting or parked in any place on any suchwharf or property where the regulations require the payment ofsuch fees or charges in respect of vehicles standing, waiting orparked in that place,

(d) the prohibition or regulation of the entry of vehicles on to, and themovement of vehicles on, any such wharf or property,

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(e) the production, by the driver of any vehicle on any such wharf orproperty to a member of the police force or a person appointed bythe Secretary of the Board, of any licence required by law to beheld by the driver as the driver of that vehicle,

(f) the making or display by vessels of prescribed signals or lights,and the manner of navigation of other vessels when such signalsor lights are made or displayed by a vessel,

(g) the erection by the Board of signs and notices for the purpose ofprohibiting or regulating the navigation of vessels, or the use ofvessels for a purpose or purposes or otherwise than for a purposeor purposes stated in such sign or notice, or the mooring oranchoring of vessels, or of vessels of a specified class or classes,or of vessels other than vessels of a specified class or classes,stated in such sign or notice, in any area of navigable waters andthe imposing of penalties not exceeding 2 penalty units for anyfailure to comply with any such sign or notice,

(h) the erection by the Board of signs and notices for the purpose ofprohibiting or regulating the presence of persons, or of persons ofa class or classes or of persons other than of a class or classesstated in any such sign or notice, on or in any land, wharf,building or structure vested in the Board or under its control ormanagement, or the use by persons of any such land, wharf,building or structure for a purpose or purposes or otherwise thanfor a purpose or purposes stated in such sign or notice, and theimposing of penalties not exceeding 2 penalty units for anyfailure to comply with any such sign or notice,

(i) the giving by the Board, or a servant of the Board, of a notice toany person for the purpose of preventing, prohibiting orregulating, either absolutely or conditionally, the carrying on orcontinuance of any activity, operation, installation, use oremission referred to in paragraph (ei) or (f) of subsection (2), theinvestigation, by such persons in such manner and circumstancesas may be prescribed, as to whether a notice should continue inforce, the imposing of penalties not exceeding 4 penalty units forany failure to comply with any such notice, and the payment offees and charges for or in connection with any such investigation.

(2B) Without limiting the generality of any other provision of this section,the Governor may, make regulations for and with respect to the safetyof persons who operate, use, or are carried in, a vessel (not being avessel engaged in the coasting trade) which is in, or has gone to seafrom, any navigable waters within, or within one nautical league fromthe coast of, New South Wales including, without limiting thegenerality of the foregoing, regulations relating to:(a) the design and construction of vessels,

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(b) the carriage in a vessel of equipment for the safe and propernavigation and use of the vessel,

(c) the carriage in a vessel of life-saving equipment and apparatus,and of means of making distress signals,

(d) the carriage in a vessel of equipment for facilitating rescue,(e) the use to be made of prescribed equipment carried on a vessel,(f) the making or display by vessels of prescribed signals or lights,

and use of a vessel and its equipment.

(3) A regulation may:(a) be of general or specially limited application according to time,

place or circumstances, and may be general or restricted to anyspecified class of subject matter or restricted to all subject matterother than subject matter of a specified class or specified classes,

(b) provide for the issue, making, revocation, cancellation orsuspension of licences, registration certificates or permits to orwith respect to persons and property and for the payment oflicence, registration and permit fees,

(c) provide for the payment of fees for inspections and other servicesrendered by officers and employees of the Board,

(d) (i) where the regulation is made under paragraph (c) ofsubsection (2) for the purpose of preventing, prohibiting orregulating the doing or continuance of anything likely tocause any such pollution as is referred to in that paragraphby dangerous goods or volatile or furnace or lubricatingoil, or liquid derived from petroleum, shale or coal, imposea penalty not exceeding 20 penalty units for any breachthereof,

(ii) in any other case, impose a penalty not exceeding 15penalty units for any breach thereof,

(e) fix a minimum as well as a maximum penalty, and impose a dailypenalty for any continuing breach thereof not exceeding 1 penaltyunit per day,

(f) provide that any costs or expenses incurred by the Board or theCrown as a result of the breach thereof may be recovered in anycourt of competent jurisdiction from the person convicted of suchbreach,

(g) make both the owner and the master of any vessel liable for anybreach of any such regulation committed from or in the use ofsuch vessel,

(h) provide that any licence, registration certificate or permit thereinreferred to may be issued, or any consent or approval therein

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referred to may be given, upon any conditions deemedappropriate by the Board, that any such condition may be variedor revoked, and that a breach of any such condition shallconstitute a breach of such regulation.

(3A) Where the boundaries of a port are described by a regulation madepursuant to subsection (2) (q), the boundaries of the port as so describedmay include an area of water adjacent to the entrance to the port.

(4) In this section:dangerous goods has the same meaning as in the Dangerous Goods(Road and Rail Transport) Act 2008.mooring means the whole of the apparatus used to secure a vessel in anynavigable waters for any purpose other than the normal incidents of avoyage, whether or not such apparatus or any part thereof is itselfbeyond the shores of such waters, and whether or not such apparatus, orany part thereof, is, has been, or is proposed to be used by the same orany other person for any other purpose, and any apparatus or groupthereof used to secure more than one vessel shall constitute as manymoorings as there are vessels so secured, but does not include the gearor equipment of a vessel by which such vessel is so secured.wharf means any wharf, dock, pier, jetty, landing-stage, slip or platformvested in the Crown or the Board and includes any depot, shed, buildingor structure erected thereon or forming part thereof or used inconnection therewith and any land vested in the Crown or the Boardadjoining or adjacent to any wharf as hereinbefore defined and used inconnection therewith, but does not include any wharf as hereinbeforedefined the control and management of which is vested in a councilwithin the meaning of the Local Government Act 1993.

(4A) (a) If it appears to the Board, on the application of any personaffected by any regulation or part thereof, that compliance withthat regulation or part is impracticable or unnecessary, the Boardmay direct that compliance with that regulation or part may bedispensed with, and may, by the same direction, direct that someother requirement be substituted for the requirement of theregulation or part thereof.

(b) A breach of any requirement directed by the Board to besubstituted for any regulation or part of a regulation specified inthe direction shall be deemed to be a breach of that regulation.

(c) Any direction under this subsection may be given under the handof any officer or employee of the Board appointed by the Boardin that behalf.

(5) A power to make a regulation under this section in respect of anythingvested in or controlled by the Board includes such a power in respect of

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anything vested in or controlled by a Port Corporation or the Authoritywithin the meaning of the Ports and Maritime Administration Act 1995.

(6) A regulation made by the Maritime Services Board under this sectionand in force immediately before the commencement of this subsectionis taken to have been made by the Governor.

39, 40 (Repealed)

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Maritime Services Act 1935 No 47Schedule 1

Schedule 1

(Section 9)

Amendments to the Sydney Harbour Trust Act 1900–1931Editorial note. The amending provisions are not reprinted: Reprints Act 1972, section6.

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Maritime Services Act 1935 No 47 Schedule 2

Schedule 2

(Section 13)

Amendments to the Navigation Act 1901Editorial note. The amending provisions are not reprinted: Reprints Act 1972, section6.

Amendments to the Harbour and Tonnage Rates Act 1920Editorial note. The amending provisions are not reprinted: Reprints Act 1972, section6.

Schedules 3–8 (Repealed)

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Maritime Services Act 1935 No 47Notes

The following abbreviations are used in the Historical notes:Am amended LW legislation website Sch ScheduleCl clause No number Schs SchedulesCll clauses p page Sec sectionDiv Division pp pages Secs sectionsDivs Divisions Reg Regulation Subdiv SubdivisionGG Government Gazette Regs Regulations Subdivs SubdivisionsIns inserted Rep repealed Subst substituted

Historical notes

(1) See also Clean Waters Act 1970; Waste Recycling and Processing Service Act1970; Marine Pilotage Licensing Act 1971; Dangerous Goods Act 1975;Government and Related Employees Appeal Tribunal Act 1980 and MarinePollution Act 1987.

(2) This Act is reprinted with the omission of all amending provisions authorisedto be omitted under sec 6 of the Reprints Act 1972.

Table of amending instrumentsMaritime Services Act 1935 No 47. Assented to 10.12.1935. Date of commencement,1.2.1936, sec 1 (2) and GG No 27 of 31.1.1936, p 547. This Act has been amended as follows:

1937 No 35 Statute Law Revision Act 1937. Assented to 23.12.1937.

1941 No 19 Maritime Services (Amendment) Act 1941. Assented to 9.4.1941.

1953 No 18 Maritime Services (Amendment) Act 1953. Assented to 9.11.1953.

1960 No 51 Maritime Services (Amendment) Act 1960. Assented to 21.11.1960.Date of commencement of sec 3 (5), for certain purposes, 21.11.1960; for all purposes, 27.3.1961, sec 3 (1) (4) and GG No 36 of 24.3.1961, p 840.

1965 No 33 Decimal Currency Act 1965. Assented to 20.12.1965.Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and the Currency Act 1965 (Commonwealth), sec 2 (2).

1966 No 63 Maritime Services (Amendment) Act 1966. Assented to 16.12.1966.Date of commencement (sec 5 (1) (j) (iv) (v), (2) excepted), 6.1.1967, sec 1 (6) and GG No 1 of 6.1.1967, p 1; date of commencement of sec 5 (1) (j) (iv), 4.8.1972, sec 1 (6) and GG No 80 of 4.8.1972, p 3101; date of commencement of sec 5 (1) (j) (v), 30.5.1969, sec 1 (6) and GG No 63 of 30.5.1969, p 1997.

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Maritime Services Act 1935 No 47 Notes

1970 No 52 Supreme Court Act 1970. Assented to 14.10.1970.Date of commencement, Part 9 excepted, 1.7.1972, sec 2 (1) and GG No 59 of 2.6.1972, p 2018. Amended by Supreme Court (Amendment) Act 1972 No 41. Assented to 11.4.1972.

1971 No 56 Pilotage Act 1971. Assented to 14.12.1971.Date of commencement, 1.12.1974, sec 1 (2) and GG No 143 of 29.11.1974, p 4601.

1972 No 3 Maritime Services (Amendment) Act 1972. Assented to 6.3.1972.Date of commencement of sec 2 (1), 1.5.1961, sec 2 (2).

No 48 Reprints Act 1972. Assented to 9.10.1972.

1973 No 9 District Court Act 1973. Assented to 10.4.1973.Date of commencement, 1.7.1973, sec 2 and GG No 75 of 8.6.1973, p 2158.

No 11 Justices (Amendment) Act 1973. Assented to 10.4.1973.Date of commencement, 14.5.1973, sec 2 and GG No 62 of 11.5.1973, p 1772.

No 81 Coal Mining Act 1973. Assented to 20.12.1973.Date of commencement of Fourth Sch, 29.3.1974, sec 1 (2) and GG No 36 of 29.3.1974, p 1118.

1974 No 40 Maritime Services (Amendment) Act 1974. Assented to 23.4.1974.Date of commencement, secs 6 and 7 excepted, 23.4.1974, sec 3 (1); date of commencement of sec 6, for certain purposes, 23.4.1974, sec 3 (2) for all purposes, 14.10.1974, sec 3 (3) and GG No 123 of 11.10.1974, p 3976; date of commencement of sec 7, 1.7.1974, sec 3 (4) and GG No 79 of 28.6.1974, p 2386.

No 58 Maritime Services (Further Amendment) Act 1974. Assented to 11.10.1974.

1975 No 42 Port Rates Act 1975. Assented to 18.4.1975.Date of commencement of sec 17, 30.4.1976, sec 2 (2) and GG No 59 of 30.4.1976, p 1835.

No 68 Dangerous Goods Act 1975. Assented to 31.10.1975.Date of commencement of Sch 2, 17.7.1978, sec 2 (2) and GG No 81 of 11.7.1978, p 2701.

1976 No 4 Statutory and Other Offices Remuneration Act 1975. Assented to 7.1.1976.Date of commencement of Sch 5, 2.2.1976, sec 2 (2) and GG No 15 of 30.1.1976, p 398.

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1977 No 19 Notice of Action and Other Privileges Abolition Act 1977. Assented to 24.3.1977.Date of commencement, 19.8.1977, sec 2 and GG No 92 of 19.8.1977, p 3541.

1978 No 16 Maritime Services (Amendment) Act 1978. Assented to 16.3.1978.Date of commencement of Sch 1 (14) and (15), 1.7.1978, sec 2 (2) and GG No 71 of 16.6.1978, p 2290.

1979 No 4 Maritime Services (Loans) Amendment Act 1979. Assented to 23.3.1979.

No 56 Maritime Services (Elections) Amendment Act 1979. Assented to 9.5.1979.

1980 No 160 Maritime Services (Motor Traffic) Amendment Act 1980. Assented to 15.12.1980.

No 187 Miscellaneous Acts (Retirement of Statutory Officers) Amendment Act 1980. Assented to 17.12.1980.

1981 No 76 Maritime Services (Amendment) Act 1981. Assented to 1.6.1981.Date of commencement of Sch 1 (1), (2), (3), (4), (6) and (8), 1.7.1981, sec 2 (3).

No 83 Miscellaneous Acts (Financial Accommodation) Amendment Act 1981. Assented to 9.6.1981.A proclamation was published in GG No 79 of 12.6.1981, p 3097, specifying 11.6.1981 as the date of commencement of Sch 1. The amendments are taken to have commenced on 12.6.1981.

No 115 Maritime Services (Contributions) Amendment Act 1981. Assented to 18.12.1981.

1982 No 155 Maritime Services (Abandoned Vehicles) Amendment Act 1982. Assented to 21.12.1982.

1983 No 153 Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983. Assented to 29.12.1983.Date of commencement of Sch 1, 6.1.1984, sec 2 (2) and GG No 4 of 6.1.1984, p 19.

1984 No 101 Maritime Services (Amendment) Act 1984. Assented to 28.6.1984.Date of commencement of Sch 1, 17.8.1984, sec 2 (2) and GG No 125 of 17.8.1984, p 4185.

1987 No 48 Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987.Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809.

1989 No 94 Maritime Services (Amendment) Act 1989. Assented to 13.6.1989.Date of commencement, 17.8.1989, sec 2 and GG No 88 of 7.11.1989, p 5265.

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1990 No 108 Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to 13.12.1990.Date of commencement of the provision of Sch 1 relating to the Maritime Services Act 1935, assent, sec 2.

1991 No 17 Statute Law (Miscellaneous Provisions) Act 1991. Assented to 3.5.1991.Date of commencement of the provision of Sch 1 relating to the Maritime Services Act 1935, assent, sec 2.

No 72 Dividing Fences Act 1991. Assented to 17.12.1991.Date of commencement, 1.2.1992, sec 2 and GG No 7 of 17.1.1992, p 243.

No 94 Statute Law (Miscellaneous Provisions) Act (No 2) 1991. Assented to 17.12.1991.Date of commencement of the provisions of Sch 1 relating to the Maritime Services Act 1935, assent, Sch 1.

1992 No 29 Mining Act 1992. Assented to 18.5.1992.Date of commencement, 21.8.1992, sec 2 and GG No 101 of 20.8.1992, p 5905.

No 34 Statute Law (Miscellaneous Provisions) Act 1992. Assented to 18.5.1992.Date of commencement of the provision of Sch 1 relating to the Maritime Services Act 1935, assent, Sch 1.

No 41 Pilotage (Amendment) Act 1992. Assented to, 19.5.1992.Date of commencement, 1.6.1992, sec 2 and GG No 64 of 29.5.1992, p 3605.

No 111 Statute Law (Miscellaneous Provisions) Act (No 3) 1992. Assented to 8.12.1992.Date of commencement of the provisions of Sch 2 relating to the Maritime Services Act 1935, assent, Sch 2.

No 112 Statute Law (Penalties) Act 1992. Assented to, 8.12.1992.Date of commencement, assent, sec 2.

1993 No 31 Impounding Act 1993. Assented to 8.6.1993.Date of commencement, 1.7.1993, sec 2 and GG No 73 of 1.7.1993, p 3343.

No 47 Statute Law (Penalties) Act 1993. Assented to, 15.6.1993.Date of commencement, assent, sec 2.

1994 No 3 Maritime Services (Offshore Boating) Amendment Act 1994. Assented to 2.5.1994.Date of commencement, assent, sec 2.

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No 38 Fisheries Management Act 1994. Assented to, 2.6.1994.Date of commencement, 16.1.1995, sec 2 and GG No 3 of 13.1.1995, p 44.

1995 No 11 Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995.Date of commencement of Sch 1.77, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279.

No 13 Ports Corporatisation and Waterways Management Act 1995. Assented to 15.6.1995.Date of commencement, 1.7.1995, sec 2 and GG No 79 of 30.6.1995, p 3435. Amended by Statute Law (Miscellaneous Provisions) Act 1996 No 30. Assented to 21.6.1996. Date of commencement of Sch 2, assent, sec 2 (1).

No 99 Statute Law (Miscellaneous Provisions) Act (No 2) 1995. Assented to 21.12.1995.Date of commencement of Sch 1.12, assent, sec 2 (2).

1996 No 30 Statute Law (Miscellaneous Provisions) Act 1996. Assented to 21.6.1996.Date of commencement of Sch 3, 3 months after assent, sec 2 (3).

1997 No 119 Road Transport (Vehicle Registration) Act 1997. Assented to 9.12.1997.Date of commencement of Sch 2, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4429. Amended by Road Transport (Vehicle Registration) Amendment Act 1998 No 26. Assented to 3.6.1998. Date of commencement of Sch 1, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4428.

1998 No 121 Marine Safety Act 1998. Assented to 26.11.1998.Date of commencement of Sch 2 to the extent that it repeals sec 13SA of this Act, 1.1.2011, sec 2 and 2010 (717) LW 17.12.2010; date of commencement of Sch 2 to the extent that it repeals the remainder of this Act: not in force.

1999 No 19 Road Transport Legislation Amendment Act 1999. Assented to 1.7.1999.Date of commencement of Sch 2, 1.12.1999, sec 2 (1) and GG No 133 of 26.11.1999, p 10863.

No 42 Offshore Minerals Act 1999. Assented to 8.7.1999.Date of commencement, 31.3.2000, sec 2 and GG No 42 of 31.3.2000, p 2490.

2003 No 38 Occupational Health and Safety Amendment (Dangerous Goods) Act 2003. Assented to 22.7.2003.Date of commencement of Sch 2.15, 1.9.2005, sec 2 and GG No 110 of 1.9.2005, p 6395.

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This Act has also been amended pursuant to orders under secs 8 (2) and 9 (3) of the ReprintsAct 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 3.5.1976, and published inGG No 61 of 7.5.1976, p 2005, declaring that the Maritime Services Act 1935 is an enactmentto which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply. Order dated 6.12.1978,and published in GG No 171 of 8.12.1978, p 5114, declaring that sec 38 (3) of the MaritimeServices Act 1935 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act1972 apply.

Table of amendmentsNo reference is made to certain amendments made by the Decimal Currency Act 1965, theReprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to theStatute Law (Miscellaneous Provisions) Act 1996.

2005 No 11 Road Transport (General) Act 2005. Assented to 14.4.2005.Date of commencement of Sch 3.20, 30.9.2005, sec 2 (1) and GG No 120 of 30.9.2005, p 7674.

2006 No 84 Ports Corporatisation and Waterways Management Amendment Act 2006. Assented to 30.10.2006.Date of commencement, assent, sec 2.

2007 No 94 Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.Date of commencement of Sch 1.64, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.

2008 No 95 Dangerous Goods (Road and Rail Transport) Act 2008. Assented to 3.12.2008.Date of commencement, 1.5.2009, sec 2 and 2009 (122) LW 17.4.2009.

2010 No 59 Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.Date of commencement of Sch 2.53, 9.7.2010, sec 2 (2).

Sec 1 Am 1960 No 51, sec 4 (a); 1978 No 16, Sch 1 (1); 1984 No 101, Sch 1 (1); 1989 No 94, Sch 1 (1).

Sec 2 Am 1960 No 51, sec 2 (a); 1966 No 63, sec 2; 1975 No 42, sec 17 (a); 1978 No 16, Schs 1 (2), 2 (1); 1979 No 56, Sch 1 (1); 1981 No 76, Sch 1 (1); 1984 No 101, Sch 1 (2); 1989 No 94, Sch 1 (2); 1995 No 13, Sch 4; 2006 No 84, Sch 2.9 [1].

Sec 2A Ins 1960 No 51, sec 2 (b). Am 1989 No 94, Sch 1 (3). Subst 1995 No 13, Sch 4. Am 2006 No 84, Sch 2.9 [2].

Sec 2B Ins 1978 No 16, Sch 1 (3). Rep 1989 No 94, Sch 1 (4). Ins 1995 No 13, Sch 4.

Part 2 Rep 1989 No 94, Sch 1 (5).

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Sec 3 Am 1937 No 35, Second Sch; 1941 No 19, sec 2; 1960 No 51, sec 3 (5); 1966 No 63, sec 3; 1974 No 40, secs 4 (a), 6; 1974 No 58, sec 2 (a) (b); 1976 No 4, Sch 5; 1978 No 16, Schs 1 (4), 2 (2); 1979 No 56, Sch 1 (2); 1980 No 187, Sch 1; 1981 No 76, Schs 1 (2), 3 (1). Subst 1984 No 101, Sch 1 (3). Rep 1989 No 94, Sch 1 (5).

Sec 3A Ins 1979 No 56, Sch 1 (3). Subst 1984 No 101, Sch 1 (3). Rep 1989 No 94, Sch 1 (5).

Sec 3B Ins 1984 No 101, Sch 1 (3). Am 1987 No 48, Sch 32. Rep 1989 No 94, Sch 1 (5).

Sec 4 Am 1953 No 18, sec 2 (a); 1978 No 16, Sch 2 (3). Rep 1989 No 94, Sch 1 (5).

Sec 4A Ins 1953 No 18, sec 2 (b). Rep 1989 No 94, Sch 1 (5).

Part 2A (secs 4B–4D)

Ins 1984 No 101, Sch 1 (4). Rep 1989 No 94, Sch 1 (5).

Part 3, Div 1 Rep 1995 No 13, Sch 4.

Sec 5 Am 1978 No 16, Sch 2 (4); 1987 No 48, Sch 32. Rep 1995 No 13, Sch 4.


Sec 6 Am 1978 No 16, Sch 2 (5); 1984 No 101, Sch 1 (5). Rep 1995 No 13, Sch 4.

Sec 7 Rep 1995 No 13, Sch 4.

Sec 8 Am 1978 No 16, Sch 2 (6). Rep 1995 No 13, Sch 4.



Secs 10–12 Rep 1995 No 13, Sch 4.


Part 3, Div 3A Ins 1960 No 51, sec 4 (b). Am 1995 No 13, Sch 4.

Sec 13A Ins 1960 No 51, sec 4 (b). Am 1972 No 3, sec 2 (1) (a); 1978 No 16, Sch 2 (9); 1992 No 29, Sch 5. Rep 1995 No 13, Sch 4.

Sec 13B Ins 1960 No 51, sec 4 (b). Rep 1995 No 13, Sch 4.

Sec 13C Ins 1960 No 51, sec 4 (b). Am 1972 No 3, sec 2 (1) (b); 1973 No 81, Fourth Sch; 1992 No 29, Sch 5. Rep 1995 No 13, Sch 4.

Secs 13D–13G Ins 1960 No 51, sec 4 (b).

Part 3, Div 3B Ins 1960 No 51, sec 4 (b). Rep 1995 No 13, Sch 4.

Sec 13H Ins 1960 No 51, sec 4 (b). Am 1972 No 3, sec 2 (1) (c); 1973 No 81, Fourth Sch; 1992 No 29, Sch 5. Rep 1995 No 13, Sch 4.

Sec 13I Ins 1960 No 51, sec 4 (b). Rep 1995 No 13, Sch 4.

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Sec 13J Ins 1960 No 51, sec 4 (b). Am 1966 No 63, sec 8 (2) (a); 1972 No 3, sec 2 (1) (d); 1973 No 81, Fourth Sch; 1978 No 16, Sch 2 (10); 1992 No 29, Sch 5. Rep 1995 No 13, Sch 4.

Part 3, Div 3BA Ins 1978 No 16, Sch 1 (5). Rep 1995 No 13, Sch 4.

Secs 13JA, 13JB Ins 1978 No 16, Sch 1 (5). Am 1992 No 29, Sch 5. Rep 1995 No 13, Sch 4.

Sec 13JC Ins 1978 No 16, Sch 1 (5). Rep 1995 No 13, Sch 4.

Sec 13JD Ins 1978 No 16, Sch 1 (5). Am 1992 No 29, Sch 5. Rep 1995 No 13, Sch 4.

Part 3, Div 3BB Ins 1978 No 16, Sch 1 (5).

Sec 13JE Ins 1978 No 16, Sch 1 (5). Am 1992 No 112, Sch 1.

Sec 13JF Ins 1978 No 16, Sch 1 (5). Am 1992 No 29, Sch 5; 1992 No 112, Sch 1; 1994 No 38, Sch 8; 1999 No 42, Sch 3.9 [1].

Sec 13JG Ins 1978 No 16, Sch 1 (5). Am 1992 No 112, Sch 1.

Part 3, Div 3C Ins 1960 No 51, sec 4 (b).

Sec 13K Ins 1960 No 51, sec 4 (b). Am 1978 No 16, Sch 1 (6). Rep 1995 No 13, Sch 4.

Sec 13L Ins 1960 No 51, sec 4 (b). Rep 1995 No 13, Sch 4.

Sec 13M Ins 1960 No 51, sec 4 (b). Am 1978 No 16, Sch 1 (7).

Sec 13MA Ins 1981 No 76, Sch 2. Rep 1989 No 94, Sch 1 (6).

Sec 13N Ins 1960 No 51, sec 4 (b). Am 1978 No 16, Sch 1 (8).

Sec 13O Ins 1960 No 51, sec 4 (b). Am 1978 No 16, Sch 1 (9).

Sec 13P Ins 1960 No 51, sec 4 (b). Am 1984 No 101, Sch 1 (6). Rep 1989 No 94, Sch 1 (6).

Sec 13Q Ins 1960 No 51, sec 4 (b).

Sec 13R Ins 1960 No 51, sec 4 (b). Am 1966 No 63, sec 4 (a).

Sec 13S Ins 1960 No 51, sec 4 (b). Am 1966 No 63, sec 4 (b).

Sec 13SA Ins 1966 No 63, sec 4 (c). Am 1992 No 112, Sch 1. Rep 1998 No 121, Sch 2.

Sec 13T Ins 1960 No 51, sec 4 (b). Subst 1966 No 63, sec 4 (d). Am 1972 No 3, sec 3 (a); 1978 No 16, Sch 1 (10); 1992 No 112, Sch 1.

Sec 13TA Ins 1974 No 58, sec 2 (c). Am 1992 No 112, Sch 1; 1995 No 11, Sch 1.77 [1].

Sec 13TB Ins 1974 No 58, sec 2 (c).

Sec 13TC Ins 1981 No 76, Sch 3 (2). Am 1991 No 72, Sch 2.

Sec 13U Ins 1960 No 51, sec 4 (b). Am 1966 No 63, sec 4 (e); 1972 No 3, sec 3 (b); 1981 No 76, Sch 3 (3); 1992 No 112, Sch 1.

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Secs 13UA, 13UB

Ins 1982 No 155, Sch 1. Rep 1993 No 31, sec 52.

Sec 13V Ins 1960 No 51, sec 4 (b).

Sec 13W Ins 1960 No 51, sec 4 (b). Am 1972 No 3, sec 3 (c); 1978 No 16, Sch 1 (11); 1991 No 94, Sch 1; 1992 No 112, Sch 1. Rep 1995 No 13, Sch 4.

Sec 13WA Ins 1991 No 94, Sch 1. Am 1995 No 13, Sch 4 (am 1996 No 30, Sch 2).

Sec 13X Ins 1960 No 51, sec 4 (b). Am 1995 No 13, Sch 4.

Sec 13Y Ins 1960 No 51, sec 4 (b). Am 1972 No 3, sec 3 (d); 1992 No 112, Sch 1; 1995 No 13, Sch 4.

Sec 13YA Ins 1966 No 63, sec 4 (f). Am 1995 No 13, Sch 4.

Sec 13YB Ins 1972 No 3, sec 3 (e). Am 1973 No 81, Fourth Sch; 1992 No 29, Sch 5; 1992 No 111, Sch 2; 1999 No 42, Sch 3.9 [2].

Sec 13YC Ins 1972 No 3, sec 3 (e). Am 1973 No 81, Fourth Sch; 1978 No 16, Sch 2 (11); 1992 No 111, Sch 2.

Sec 13Z Ins 1960 No 51, sec 4 (b). Am 1966 No 63, sec 8 (2) (b); 1973 No 81, Fourth Sch; 1974 No 40, sec 4 (b); 1978 No 16, Sch 1 (12); 1992 No 111, Sch 2; 1994 No 38, Sch 8; 1999 No 42, Sch 3.9 [3] [4]; 2010 No 59, Sch 2.53.

Part 3, Div 4, heading

Rep 1992 No 41, sec 5.

Sec 14 Am 1960 No 51, sec 5; 1978 No 16, Schs 1 (13), 2 (12). Rep 1989 No 94, Sch 1 (7).

Sec 15 Am 1966 No 63, sec 4 (g); 1971 No 56, sec 3 (4); 1972 No 3, sec 3 (f); 1979 No 56, Sch 1 (4); 1984 No 101, Sch 1 (7). Rep 1989 No 94, Sch 1 (7).

Sec 16 Am 1978 No 16, Sch 2 (13). Rep 1989 No 94, Sch 1 (7).

Sec 17 Rep 1937 No 35, Second Sch.


Sec 19 Rep 1989 No 94, Sch 1 (7).

Sec 20 Am 1978 No 16, Sch 2 (15); 1984 No 101, Sch 1 (8). Rep 1989 No 94, Sch 1 (7).

Sec 21 Rep 1989 No 94, Sch 1 (7).

Secs 21A, 21B Ins 1966 No 63, sec 4 (h). Rep 1992 No 41, sec 5.

Part 3, Div 5 Rep 1989 No 94, Sch 1 (8).

Secs 22, 23 Subst 1981 No 76, Sch 1 (3). Rep 1989 No 94, Sch 1 (8).

Sec 23A Ins 1981 No 76, Sch 1 (3). Am 1984 No 101, Sch 1 (9). Rep 1989 No 94, Sch 1 (8).

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Sec 23B Ins 1981 No 76, Sch 1 (3). Rep 1989 No 94, Sch 1 (8).

Sec 23BA Ins 1981 No 115, sec 2. Rep 1989 No 94, Sch 1 (8).

Secs 23C, 23D Ins 1981 No 76, Sch 1 (3). Rep 1989 No 94, Sch 1 (8).

Sec 24 Subst 1981 No 76, Sch 1 (3). Rep 1989 No 94, Sch 1 (8).

Sec 24A Ins 1960 No 51, sec 6. Am 1978 No 16, Sch 2 (16). Rep 1981 No 76, Sch 1 (3).

Sec 24B Ins 1960 No 51, sec 6. Am 1966 No 63, sec 4 (i); 1978 No 16, Sch 2 (17). Rep 1981 No 76, Sch 1 (3).

Sec 24C Ins 1960 No 51, sec 6. Am 1966 No 63, sec 4 (j); 1974 No 40, sec 7 (a); 1975 No 42, sec 17 (b); 1978 No 16, Sch 1 (14); 1981 No 83, Sch 1. Rep 1981 No 76, Sch 1 (3).

Sec 24D Ins 1960 No 51, sec 6. Am 1978 No 16, Sch 1 (15). Rep 1981 No 76, Sch 1 (3).

Secs 24E, 24F Ins 1960 No 51, sec 6. Rep 1981 No 76, Sch 1 (3).

Sec 24G Ins 1960 No 51, sec 6. Am 1978 No 16, Sch 1 (16); 1984 No 101, Sch 1 (10). Rep 1989 No 94, Sch 1 (8).

Sec 24H Ins 1960 No 51, sec 6. Rep 1989 No 94, Sch 1 (8).

Sec 24I Ins 1960 No 51, sec 6. Am 1966 No 63, sec 4 (k); 1978 No 16, Sch 2 (18). Subst 1981 No 76, Sch 1 (4). Rep 1989 No 94, Sch 1 (8).

Sec 24J Ins 1960 No 51, sec 6. Subst 1966 No 63, sec 4 (l); 1981 No 76, Sch 1 (5). Rep 1981 No 83, Sch 1.

Secs 24K, 24L Ins 1966 No 63, sec 4 (m). Rep 1981 No 83, Sch 1.

Sec 24M Ins 1966 No 63, sec 4 (m). Am 1978 No 16, Sch 2 (19). Rep 1981 No 83, Sch 1.

Sec 24N Ins 1966 No 63, sec 4 (m). Rep 1981 No 83, Sch 1.

Sec 24NA Ins 1979 No 4, sec 2 (a). Rep 1981 No 83, Sch 1.

Sec 24O Ins 1966 No 63, sec 4 (m). Am 1978 No 16, Sch 2 (20). Rep 1981 No 83, Sch 1.

Sec 24P Ins 1966 No 63, sec 4 (m). Am 1970 No 52, Second Sch. Rep 1981 No 83, Sch 1.

Secs 24PA–24PD

Ins 1979 No 4, sec 2 (b). Rep 1981 No 83, Sch 1.

Secs 24Q–24R Ins 1966 No 63, sec 4 (m). Rep 1981 No 83, Sch 1.


Sec 26 Rep 1981 No 76, Sch 1 (7).

Sec 27 Rep 1981 No 76, Sch 1 (8).

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Part 3, Div 6 Subst 1981 No 76, Sch 1 (9). Rep 1989 No 94, Sch 1 (8).

Sec 28 Am 1978 No 16, Sch 2 (21). Subst 1981 No 76, Sch 1 (9). Am 1983 No 153, Sch 1. Rep 1989 No 94, Sch 1 (8).

Sec 28A Ins 1981 No 76, Sch 1 (9). Rep 1983 No 153, Sch 1.

Sec 29 Rep 1989 No 94, Sch 1 (9).


Sec 30A Ins 1960 No 51, sec 7 (a). Am 1966 No 63, sec 5 (1) (a); 1978 No 16, Sch 2 (22).

Sec 30B Ins 1960 No 51, sec 7 (a). Am 1966 No 63, sec 5 (1) (b); 1972 No 3, sec 3 (g); 1978 No 16, Sch 2 (23); 1992 No 112, Sch 1.

Sec 30C Ins 1966 No 63, sec 5 (1) (c). Am 1978 No 16, Sch 2 (24); 1980 No 160, sec 2; 1997 No 119, Sch 2.13 (am 1998 No 26, Sch 1 [13]); 1999 No 19, Sch 2.22; 2005 No 11, Sch 3.20.

Sec 30D Ins 1966 No 63, sec 5 (1) (c). Am 1991 No 17, Sch 1; 1992 No 34, Sch 1; 1995 No 99, Sch 1.12 [1] [2]; 2006 No 84, Sch 2.9 [3].

Sec 30E Ins 1966 No 63, sec 5 (1) (c). Rep 1973 No 11, sec 8.

Sec 30F Ins 1966 No 63, sec 5 (1) (c). Am 1972 No 3, sec 3 (h); 1992 No 112, Sch 1.

Sec 30G Ins 1972 No 3, sec 3 (i). Am 1981 No 76, Sch 3 (4); 1992 No 112, Sch 1.


Sec 31A Ins 1960 No 51, sec 7 (b). Am 1966 No 63, sec 5 (1) (d); 1974 No 58, sec 2 (d); 1978 No 16, Sch 2 (25). Rep 1989 No 94, Sch 1 (9).

Sec 32 Subst 1966 No 63, sec 5 (1) (e). Am 1978 No 16, Sch 2 (26); 1984 No 101, Sch 1 (11).

Sec 33 Subst 1953 No 18, sec 2 (c); 1966 No 63, sec 5 (1) (e). Am 1984 No 101, Sch 1 (8). Rep 1989 No 94, Sch 1 (9).

Sec 34 Am 1953 No 18, sec 2 (d); 1966 No 63, sec 5 (1) (f); 1972 No 3, sec 3 (j); 1989 No 94, Sch 1 (10).


Sec 36 Am 1981 No 76, Sch 3 (5). Subst 1984 No 101, Sch 1 (12). Rep 1989 No 94, Sch 1 (9).

Sec 36A Ins 1966 No 63, sec 5 (1) (g). Am 1978 No 16, Sch 1 (18). Rep 1995 No 13, Sch 4.

Sec 37 Ins 1953 No 18, sec 2 (e). Am 1966 No 63, sec 5 (1) (h); 1978 No 16, Sch 2 (27).

Sec 37A Ins 1960 No 51, sec 7 (c). Am 1966 No 63, sec 5 (1) (i); 2007 No 94, Sch 1.64.

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Sec 38 Ins 1953 No 18, sec 2 (e). Am 1960 No 51, sec 7 (d); 1966 No 63, sec 5 (1) (j); 1972 No 3, sec 3 (k); 1974 No 40, sec 7 (b); 1974 No 58, sec 2 (e); 1975 No 42, sec 17 (c); 1975 No 68, Sch 2; 1978 No 16, Schs 1 (19), 2 (28); 1987 No 48, Sch 32; 1990 No 108, Sch 1; 1992 No 112, Sch 1; 1993 No 47, Sch 1; 1994 No 3, sec 3; 1995 No 11, Sch 1.77 [2]; 1995 No 13, Sch 4; 2003 No 38, Sch 2.15; 2006 No 84, Sch 2.9 [4]; 2008 No 95, Sch 2.6.

Sec 39 Ins 1960 No 51, sec 7 (e). Rep 1989 No 94, Sch 1 (9).

Sec 40 Ins 1960 No 51, sec 7 (e). Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1973 No 9, Sch 2. Rep 1977 No 19, Sch 1.

Schs 3, 4 Ins 1960 No 51, sec 4 (c). Rep 1995 No 13, Sch 4.

Sch 5 Ins 1978 No 16, Sch 1 (20). Rep 1995 No 13, Sch 4.

Sch 6 Ins 1984 No 101, Sch 1 (13). Am 1987 No 48, Sch 32. Rep 1989 No 94, Sch 1 (11).

Schs 7, 8 Ins 1984 No 101, Sch 1 (13). Rep 1989 No 94, Sch 1 (11).

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