LIGHTHOUSES ACT 1911
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 126 #DATE 19:12:1973)
LIGHTHOUSES ACT 1911-1973 - TABLE OF PROVISIONS
TABLE
LIGHTHOUSES ACT 1911-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Definitions
4. Application to Territories
PART II-MARINE NAVIGATIONAL AIDS
5. Acquisition of lighthouses, &c.
6. Transfer of lighthouses, &c., to be valid and effectual
6A. Acquisition of lighthouses by compulsory process
7. Power to establish or alter lighthouses, &c.
8. Powers of inspection and maintenance
9. (Repealed)
10. Powers in relation to lights and navigational aid
11. Returns of harbour light and navigational aid
12. Protection from actions
PART III-LIGHT DUES
13. Light dues
14. Persons liable to light dues
15. Recovery of light dues
16. Enforcement of light dues
17. Detention of ship
18. Rights of agent who has paid light dues
PART IV-OFFENCES
19. Injuring lighthouses, &c.
19A. Damage to be made good
19B. Notice of damage to be given
PART V-REGULATIONS
20. Regulations fixing light dues
LIGHTHOUSES ACT 1911-1973 - SECT. 1.
Short title.
SECT
LIGHTHOUSES ACT 1911-1973
Title amended by No. 106, 1970, s. 3. An Act relating to Lighthouses,
Lightships, Beacons, Buoys and other Marine Navigational Aids.
Heading substituted by No. 216, 1973, s. 3.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Lighthouses Act 1911-1973.*
LIGHTHOUSES ACT 1911-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall commence on a day to be fixed by Proclamation.*
LIGHTHOUSES ACT 1911-1973 - SECT. 3.
Definitions.
SECT
Amended by No. 35, 1942, s. 2; and No. 106, 1970, s. 4.
3. In this Act, unless the contrary intention appears-
''Collector'' means any person who is a Collector for the purposes of the
Customs Act 1901-1968 and any person who is authorized by the Minister, in
writing, to collect light dues;
''Marine navigational aid'' means-
(a) a lighthouse, lightship, beacon or buoy; or
(b) any other structure, mark, device or apparatus that is an aid to
marine navigation, including a radio beacon or an electronic aid, but not
including any device or apparatus used, or for use, on a ship, not being a
lightship;
''Ship'' includes every description of vessel used in navigation not
ordinarily propelled by oars only;
''the International Convention for the Safety of Life at Sea'' means the
International Convention for the Safety of Life at Sea, 1960, as affected by
any amendment, other than an amendment not accepted by Australia, made under
Article IX of the Convention.
LIGHTHOUSES ACT 1911-1973 - SECT. 4.
Application to Territories.
SECT
Repealed by No. 35, 1942, s. 3; inserted by No. 36, 1949, s. 2.
Sub-section (1) substituted by No. 106, 1970, s. 5; amended by No. 61, 1972,
s. 3; and No. 216, 1973, s. 3.
4. (1) This Act, other than sections 13 to 18 (inclusive), extends to-
* * * * * * * *
(c) the Territory of Cocos (Keeling) Islands;
(d) the Coral Sea Islands Territory; and
(e) any other Territory not forming part of the Commonwealth to which the
Governor-General by Proclamation declares that this Act shall extend.
Sub-section (2) omitted by No. 61, 1972, s. 3.
* * * * * * * *
LIGHTHOUSES ACT 1911-1973 - SECT. 5.
Heading substituted by No. 216, 1973, s. 3.
SECT
PART II-MARINE NAVIGATIONAL AIDS
Acquisition of lighthouses, &c.
Sub-section (1) amended by No. 106, 1970, s. 9; and No. 216, 1973, s. 3.
5. (1) The Commonwealth may enter into an agreement with a State, or with
any person, for the acquisition by the Commonwealth of any marine navigational
aid the property of that State or person.
Amended by No. 106, 1970, s. 9.
(2) For the purposes of this Act, any marine navigational aid vested in any
authority of a State shall be deemed to be the property of the State.
Amended by No. 106, 1970, s. 9.
(3) The Commonwealth may purchase from any State or person any lighthouse
tender, store vessel, stores or equipment or other property used by it or him
in connexion with any marine navigational aid.
LIGHTHOUSES ACT 1911-1973 - SECT. 6.
Transfer of lighthouses, &c., to be valid and effectual.
SECT
Amended by No. 106, 1970, s. 9; and No. 216, 1973, s. 3.
6. Where the Governor-General has entered into an agreement with a State, or
with any person, for the acquisition by the Commonwealth of any marine
navigational aid, any instrument or assurance for granting or transferring the
marine navigational aid to the Commonwealth accordingly shall, by virtue of
this Act, and notwithstanding anything in the law of the State, be valid and
effectual to vest the marine navigational aid in the Commonwealth according to
the tenor thereof.
LIGHTHOUSES ACT 1911-1973 - SECT. 6A.
Acquisition of lighthouses by compulsory process.
SECT
Inserted by No. 17, 1915, s. 3.
Sub-section (1) amended by No. 106, 1970, s. 9; and No. 216, 1973, s. 3.
6A. (1) Where the Commonwealth has failed to enter into an agreement with a
State for the acquisition of any particular marine navigational aid the
property of that State, the Commonwealth may acquire by compulsory process the
marine navigational aid together with any lighthouse tender, store vessel,
stores or equipment or other property used by it or him in connexion with the
marine navigational aid, and so much of the land reserved dedicated set apart
or used for the purpose of the marine navigational aid as the Governor-General
thinks sufficient.
Amended by No. 106, 1970, s. 9.
(2) For the purposes of this section, any marine navigational aid vested in
any authority of a State shall be deemed to be the property of the State.
Amended by No. 69, 1955, s. 67; and No. 106, 1970, s. 9.
(3) The provisions of the Lands Acquisition Act 1955 in relation to the
acquisition of land by compulsory process and to the determination of the
amount of compensation payable in respect of land so acquired shall so far as
applicable apply in relation to the acquisition of any marine navigational aid
under this section.
Amended by No. 93, 1966, s. 3; and No. 106, 1970, s. 9.
(4) The mode of compensation to the State in respect of each marine
navigational aid acquired under this section shall be the payment in
perpetuity of interest at the rate of three and one-half per centum per annum
on the amount of compensation so determined in respect of the marine
navigational aid so acquired.
Amended by No. 106, 1970, s. 9.
(5) The interest payable in pursuance of this section shall be payable as
from the date of the acquisition of the marine navigational aid, and shall be
paid annually or at such shorter periods as the Treasurer thinks fit.
(6) All payments to be made in pursuance of this section shall be payable
out of moneys from time to time appropriated by the Parliament for the
purpose.
Amended by No. 106, 1970, s. 9.
(7) In this section, other than sub-section (1), the words ''marine
navigational aid'', include any lighthouse tender, store vessel, stores,
equipment or other property, or land, acquired by the Commonwealth under
sub-section (1) of this section.
LIGHTHOUSES ACT 1911-1973 - SECT. 7.
Power to establish or alter lighthouses, &c.
SECT
Substituted by No. 106, 1970, s. 6.
7. The Commonwealth may-
(a) establish and maintain lighthouses, lightships, beacons or buoys and,
for the purpose of giving effect to the undertaking of the Commonwealth under
Regulation 14 of Chapter V of the International Convention for the Safety of
Life at Sea, establish and maintain other marine navigational aids;
(b) add to, alter or remove any marine navigational aid the property of, or
under the control of, the Commonwealth; and
(c) vary the character of any marine navigational aid the property of, or
under the control of, the Commonwealth.
LIGHTHOUSES ACT 1911-1973 - SECT. 8.
Powers of inspection and maintenance.
SECT
Substituted by No. 35, 1942, s. 4.
Sub-section (1) amended by No. 106, 1970, s. 9.
8. (1) The Minister or any officer thereto authorized by the Minister may,
at any reasonable time in the day or night-
(a) inspect any marine navigational aid, lamp or light which, in his
opinion, may affect the safety or convenience of navigation, whether the
marine navigational aid, lamp or light is the property of a State or authority
of a State or of any private person, and for that purpose may enter upon any
property, whether of a public or private nature; and
(b) for any purpose in connexion with the maintenance of a marine
navigational aid which is the property of, or under the control of, the
Commonwealth or in connexion with the establishment of any marine navigational
aid by the Minister, transport, or cause to be transported, any goods through
any property whether of a public or private nature.
Amended by No. 93, 1966, s. 3.
(2) A person shall not hinder or obstruct the Minister or any authorized
officer in exercising his powers under this section.
Penalty: One hundred dollars.
Section 9 repealed by No. 36, 1949, s. 3.
* * * * * * * *
LIGHTHOUSES ACT 1911-1973 - SECT. 10.
Powers in relation to lights and navigational aid.
SECT
Sub-section (1) amended by No. 106, 1970, s. 9.
10. (1) The Minister may, by notice in writing, whenever in his opinion it
is desirable for the safety or convenience of navigation so to do, require the
owner of any marine navigational aid or of any lamp or light-
(a) to remove it entirely or to some other position; or
(b) to modify it or to alter its character to such an extent and in such
manner as he directs; or
(c) to refrain from lighting the lamp either entirely or for such period as
he directs; or
(d) to cease from exhibiting the light either entirely or for such period
as he directs.
(2) It shall be the duty of the owner to comply with any notice served upon
him in pursuance of this section.
Amended by No. 106, 1970, s. 9.
(3) If the notice is not complied with, the Minister may take possession of
the marine navigational aid or of the lamp or light referred to in the notice,
and may order it to be forfeited, or may do in regard to it, at the expense of
the owner, anything which the owner was required by the notice to do.
(4) Any expense incurred by the Minister under this section may be recovered
by the Commonwealth from the owner, as a debt due by the owner to the
Commonwealth.
Amended by No. 93, 1966, s. 3.
(5) No person shall without reasonable cause (proof whereof shall lie upon
him) fail to comply with a notice under this section.
Penalty: One hundred dollars.
Amended by No. 106, 1970, s. 9.
(6) In this section ''owner'' includes a State Government and any authority
of a State having the control or management of any marine navigational aid or
of any lamp or light:
Provided that nothing in this section shall render a State Government or any
authority of a State liable to a pecuniary penalty under sub-section (5).
LIGHTHOUSES ACT 1911-1973 - SECT. 11.
Returns of harbour light and navigational aid.
SECT
Amended by No. 106, 1970, s. 9.
11. Every harbour authority or other local authority having control of any
harbour lights or the lighting or marking of any navigable waters shall, as
prescribed, make returns to the Minister in relation to the following
matters:-
(a) the description and situation of each light under its control; and
(b) the description and situation of each marine navigational aid under its
control.
LIGHTHOUSES ACT 1911-1973 - SECT. 12.
Protection from actions.
SECT
Amended by No. 106, 1970, s. 7.
12. An action or other civil proceeding shall not be maintainable against
the Commonwealth, or the Minister, or any officer of the Commonwealth, by
reason of any act, default, error, or omission, whether negligent or otherwise
in relation to, or by reason of any defect in, a marine navigational aid
established or maintained by the Commonwealth.
LIGHTHOUSES ACT 1911-1973 - SECT. 13.
Heading substituted by No. 216, 1973, s. 3.
SECT
PART III-LIGHT DUES
Light dues.
Sub-section (1) amended by No. 35, 1942, s. 5.
13. (1) Light dues, in accordance with the prescribed rates or scales, shall
be levied and shall be payable with respect to the voyages made by ships or by
way of periodical payment as the regulations prescribe.
Substituted by No. 35, 1942, s. 5.
(2) The Regulations may prescribe the rates or scales of light dues to be
payable in respect of ships, and may make provision for the refund or
remission of light dues and for the exemption of any ship or ships included in
a class of ships from payment of light dues.
(3) When rates or scales of light dues have been prescribed under this Act,
light dues prescribed by or under any State Act (other than dues solely in
respect of lights maintained by the State) shall cease to have any effect.
LIGHTHOUSES ACT 1911-1973 - SECT. 14.
Persons liable to light dues.
SECT
Cf. M.S.A. 1894, s. 649.
14. The following persons shall be jointly and severally liable to pay the
light dues payable in respect of a ship:-
(a) the owner or master of the ship; and
(b) any consignee or agent of the ship who has paid or made himself liable
to pay any charge on account of the ship.
LIGHTHOUSES ACT 1911-1973 - SECT. 15.
Recovery of light dues.
SECT
Cf. M.S.A. 1894, s. 649.
Amended by No. 106, 1970, s. 9.
15. The light dues payable in respect of a ship may be recovered in any
court of summary jurisdiction by proceedings in the name of a Collector.
LIGHTHOUSES ACT 1911-1973 - SECT. 16.
Enforcement of light dues.
SECT
Cf. M.S.A. 1894, s. 650.
Sub-section (1) amended by No. 106, 1970, s. 9.
16. (1) If the owner or master of any ship fails, on demand of a Collector,
to pay the light dues payable in respect of the ship, the Collector may, in
addition to any other remedy, enter upon the ship and distrain the goods or
equipment belonging to or on board the ship, and detain them until the light
dues are paid.
(2) If payment of the light dues is not made within the period of three days
next following the distress, the Collector may, at any time during the
continuance of the non-payment, sell the goods distrained, and apply the
proceeds in payment of the light dues payable, together with all reasonable
expenses incurred by him under this section, and shall on demand pay the
surplus (if any) to the owner or master of the ship.
LIGHTHOUSES ACT 1911-1973 - SECT. 17.
Detention of ship.
SECT
Cf. M.S.A. 1894, s. 651.
17. Any ship in respect of which light dues are payable may be detained by
any officer of Customs at any port in Australia until the light dues so
payable are paid.
LIGHTHOUSES ACT 1911-1973 - SECT. 18.
Rights of agent who has paid light dues.
SECT
Cf. M.S.A. 1894, s. 649 (2).
18. The consignee or agent of a ship may, out of any moneys received by him
on account of the ship, or belonging to the owner thereof, retain the amount
of all light dues paid by him in respect of the ship.
LIGHTHOUSES ACT 1911-1973 - SECT. 19.
Heading substituted by No. 216, 1973, s. 3.
SECT
PART IV-OFFENCES
Injuring lighthouses, &c.
Cf. M.S.A. 1894, s. 666.
Sub-section (1) amended by No. 9, 1957, s. 4; No. 93, 1966, s. 3; and No. 106,
1970, ss. 8 and 9.
19. (1) A person shall not-
(a) wilfully or negligently injure, damage, destroy, or run foul of any
marine navigational aid the property of, or under the control of, the
Commonwealth, or any light exhibited on any such marine navigational aid or
any ship, vessel, stores, equipment, or other property used by the
Commonwealth in connexion with the establishment, maintenance or servicing of
marine navigational aids;
(b) wilfully or negligently do anything which causes the view of any
lighthouse, lightship, beacon or buoy the property of, or under the control
of, the Commonwealth to be obstructed in such a manner as to lessen its
efficiency;
(ba) wilfully or negligently do anything which interferes with the operation
of, or the use by a person of, a marine navigational aid the property of, or
under the control of, the Commonwealth so as to hinder the effective
operation, or use, of the aid;
(c) without lawful authority remove, alter, ride by, or make fast to any
marine navigational aid the property of, or under the control of, the
Commonwealth; or
(d) trespass on or without lawful authority enter or go upon any marine
navigational aid the property of, or under the control of, the Commonwealth,
or any ship, vessel, or property used by the Commonwealth in the
establishment, maintenance or servicing of marine navigational aids.
Penalty: Two hundred dollars.
Amended by No. 106, 1970, s. 9.
(2) In addition to the penalty, any offender may be ordered to pay the
amount of the damage caused by the commission of the offence, or the cost of
repairing, replacing, or reinstating the marine navigational aid.
Amended by No. 9, 1957, s. 4; and No. 106, 1970, s. 9.
(3) Where any damage to any marine navigational aid the property of, or
under the control of, the Commonwealth is caused by any ship, the damage shall
be charged on the ship, and the ship may be detained by any officer of Customs
until the amount of the damage is paid.
LIGHTHOUSES ACT 1911-1973 - SECT. 19A.
Damage to be made good.
SECT
Inserted by No. 6, 1919, s. 2; amended by No. 9, 1957, s. 5; and No. 106,
1970, s. 9.
19A. If any marine navigational aid the property of the Commonwealth is
damaged or destroyed by any person or ship, the person, or the master, owner,
agent or charterer of the ship, as the case may be, shall be liable to pay to
the Commonwealth the cost of repairing or replacing the marine navigational
aid, unless he proves that the damage or destruction of the marine
navigational aid was not caused through wilfulness, negligence, misconduct or
want of skill.
LIGHTHOUSES ACT 1911-1973 - SECT. 19B.
Notice of damage to be given.
SECT
Substituted by No. 63, 1961, s. 3; amended by No. 93, 1966, s. 3; and No. 106,
1970, s. 9.
19B. A person who, or the master of a ship which, damages a marine
navigational aid the property of the Commonwealth shall, as soon as
practicable having regard to the means of communication available to him,
report the damage to a prescribed officer.
Penalty: Two hundred dollars.
LIGHTHOUSES ACT 1911-1973 - SECT. 20.
Heading substituted by No. 216, 1973, s. 3.
SECT
PART V-REGULATIONS
Regulations fixing light dues.
Cf. M.S.A. 1894, s. 644.
20. 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.
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LIGHTHOUSES ACT 1911-1973 - NOTE
NOTE
1. The Lighthouses Act 1911-1973 comprises the Lighthouses Act 1911 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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Lighthouses Act 1911 No. 14, 1911 22 Dec 1911 1 July 1915 (see
Gazette 1915, p.
1183)
Lighthouses Act 1915 No. 17, 1915 28 June 1915 1 July 1915
Lighthouses Act 1919 No. 6, 1919 2 Oct 1919 2 Oct 1919
Lighthouses Act 1942 No. 35, 1942 12 June 1942 10 July 1942
Lighthouses Act 1949 No. 36, 1949 13 July 1949 10 Aug 1949
Lands Acquisition Act
1955 No. 69, 1955 4 Nov 1955 16 Feb 1956 (see
Gazette 1956, p.
472)
Lighthouses Act 1957 No. 9, 1957 24 Apr 1957 22 May 1957
Lighthouses Act 1961 No. 63, 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
Lighthouses Act 1970 No. 106, 1970 4 Nov 1970 4 Nov 1970
Lighthouses Act 1972 No. 61, 1972 31 Aug 1972 1 Feb 1973 (see
Gazette 1973,
No.
11, p. 1)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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By sub-section 45 (1) of the Australian Coastal Shipping Commission Act
1956-1973, the Lighthouses Act 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.