Federal Register of Legislation - Australian Government

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Act No. 73 of 1932 as amended, taking into account amendments up to Act No. 93 of 1966
Registered 23 Nov 2009
Start Date 29 Oct 1966
End Date 06 Mar 1984
Date of repeal 06 Mar 1984
Repealed by Environment Protection (Sea Dumping) Act 1981

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932 [Note: This Act is "repealed" by Act No. 101 of 1981]
(#DATE 29:10:1966)

Compilation Information

- Reprinted as at 29 October 1966

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966 - TABLE OF
PROVISIONS

TABLE



BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966

TABLE OF PROVISIONS
Section
1. Short title
2. Definitions
3. Discharge of rubbish, &c.
4. Vessels not to be sunk without permission
5. Regulations

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966 - PREAMBLE

SECT



BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966
An Act relating to the Protection of Beaches, Sea Fishing Grounds and Routes used by Vessels engaged in Trade and Commerce with other Countries and among the States.
Preamble. WHEREAS by the Constitution it is provided that the Parliament may make laws for the peace, order and good government of the Commonwealth with respect to-

(a) Quarantine;

(b) Trade and commerce with other countries and among the States; and

(c) Fisheries in Australian waters beyond territorial limits:

AND WHEREAS it is desirable-

(a) to prevent the introduction of disease into Australia;

(b) to prevent the routes used by ships engaged in trade and commerce with other countries and among the States being obstructed; and

(c) to protect fisheries in Australian waters beyond territorial limits:

AND WHEREAS it is desirable and necessary for the purposes aforesaid to regulate and control-

(a) the discharge from ships in Australian waters of materials injurious to health; and

(b) the sinking at sea, for the purposes of their disposal, of vessels and hulks:

BE it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:-

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966 - SECT. 1.
Short title.

SECT

Short title amended; No. 32,1918, s. 2.
1. This Act may be cited as the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966.*

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966 - SECT. 2.
Definitions.

SECT

2. In this Act, unless the contrary intention appears-

''At sea'' means within Australian waters;

''Owner'', in relation to a vessel, includes the owner, whether so registered or not, immediately prior to the sending or taking of the vessel to sea for the purpose of sinking her at sea;

''Sinking'', in relation to a vessel, means the disposal of the vessel by sinking, and includes the burning, casting adrift or abandoning of the vessel with a view to her disposal;

''Sinks'' or ''sunk'' has a meaning corresponding with ''sinking'';

''Vessel'' includes any hull of a vessel, hulk or floating construction of any description.

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966 - SECT. 3.
Discharge of rubbish, &c.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3.
3. (1) There shall not be discharged into the sea, from any vessel in Australian waters within any prohibited area, save in accordance with the permission in writing of the Director of Quarantine or of a Chief Quarantine Officer first obtained, any garbage, rubbish, ashes or organic refuse.

Penalty (on master, owner or agent of the vessel): Two hundred dollars.

(2) This section shall commence on a date to be fixed by Proclamation.*

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966 - SECT. 4.
Vessels not to be sunk without permission.

SECT

Sub-section (1) amended by No. 62, 1961, s. 3; and No. 93, 1966, s. 3.
4. (1) Any person who, without having obtained permission in accordance with this section, or otherwise than in accordance with such permission, sends or takes to sea, from any port or place in Australia, any vessel, for the purpose of sinking the vessel at sea, or wilfully sinks any vessel at sea or who enters any port or place in Australia after having wilfully sunk any vessel at sea without such permission, or otherwise than in accordance with such permission, shall be guilty of an offence.

Penalty: Two hundred dollars.
Amended by No. 62, 1961, s. 3.

(2) Any person desiring to obtain permission to sink a vessel at sea may make application, in the prescribed form, to the Minister.
Amended by No. 62, 1961, s. 3.

(3) Where an application is made under the last preceding subsection the Minister may grant permission for the sinking of the vessel specified in the application in such manner and at such place within a prescribed area as the Minister thinks fit.
Amended by No. 62, 1961, s. 3.

(4) Where the Minister is satisfied that it is not practicable to effect the sinking of a vessel in a prescribed area he may grant permission for the vessel to be sunk at sea in some other area.
Amended by No. 62, 1961, s. 3.

(5) The Minister shall not grant permission for a vessel to be sunk at sea in any area or place in or at which the sinking would in his opinion-

(a) if within territorial limits-constitute a danger to vessels engaged in trade or commerce with other countries or among the States; or

(b) if beyond territorial limits-constitute a danger to such vessels or to trawling gear used in fishing.
Substituted by No. 62, 1961, s. 3; amended by No. 93, 1966, s. 3.

(6) A person who sinks a vessel at sea, whether in accordance with permission obtained under this section or not, shall, within seven days after the sinking, furnish to a prescribed officer a report, in accordance with the prescribed form, of the sinking.

Penalty: One hundred dollars.
Substituted by No. 62, 1961, s. 3.

(7) The Minister may, by instrument in writing, delegate, either generally or otherwise as provided in the instrument of delegation, all or any of his powers or functions under this section (except this power of delegation).
Added by No. 62, 1961, s. 3.

(8) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
Added by No. 62, 1961, s. 3.

(9) A delegation under sub-section (7) of this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966 - SECT. 5.
Regulations.

SECT

5. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and in particular for prescribing areas at sea within which the discharge into the sea from vessels of any garbage, rubbish, ashes or organic refuse is prohibited and for prescribing areas at sea within which vessels may be sunk.
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BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966 - NOTE


NOTE
1. The Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966 comprises the Beaches, Fishing Grounds and Sea Routes Protection Act 1932 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Beaches, Fishing Grounds
and Sea Routes
Protection Act 1932 No. 73, 1932 5 Dec 1932 S. 3: 16 Jan 1933
(see
Gazette 1933, p.53)
Remainder: Royal
Assent
Beaches, Fishing Grounds
and Sea Routes
Protection Act 1961 No. 62, 1961 24 Oct 1961 24 Oct 1963 (see
Gazette 1963, p.
3769)
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
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By sub-section 45 (1) of the Australian Coastal Shipping Commission Act 1956-1973, the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966 applies to and in relation to the Australian Coastal Shipping Commission in the same manner as it applies to and in relation to other persons.