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Lighterage Act 1961 (NI)

  • Act Applied Law - C2018Q00046
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Act No. 6 of 1961
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Regional Development and Cities
Registered 26 Oct 2018
Start Date 29 Sep 2018

 

NORFOLK                            ISLAND

 

Lighterage Act 1961

No. 6 of 1961

Compilation No. 1

Compilation date:                              29 September 2018

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015)

 

 


 

NORFOLK                            ISLAND

 

 

LIGHTERAGE ACT 1961

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Definitions

         3.      Administration may establish lighterage service

         4.      Employees

         5.      Lighterage charges

         6.      Hiring of the equipment of the Lighterage Service

         7.      Administration may refuse to lighter cargo

         8.      Exclusion of liability

         9.      Agent to notify arrival of ships

       10.      Damage to equipment of Lighterage Service

….

    11A.      Delegation

       12.      Regulations


 

 

 

NORFOLK                            ISLAND

 

Lighterage Act 1961

An Act relating to the establishment and conduct of lightering service.

Short title

      1.         This Act may be cited as the Lighterage Act 1961.

Definitions

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

“cargo” includes passengers’ personal effects or luggage;

“employee” means any person employed by the Administration in connection with the conduct or maintenance of the Lighterage Service;

“lighter” includes a launch and a boat;

“Lighterage Service” means the Norfolk Island Lighterage Service established and conducted in pursuance of this Act.

Administration may establish lighterage service

      3.         (1)        The Administration may establish, maintain and conduct a service, to be known as the Norfolk Island Lighterage Service, for the carriage of cargo and passengers to and from ships calling at Norfolk Island.

                  (2)        The Lighterage Service does not have the exclusive right to provide a service of the kind referred to in subsection (1).

Employees

      4.         (1)        The Chief Executive Officer may employ such persons as he considers necessary for the conduct and maintenance of the lighterage service.

                  (2)        Persons so employed shall be employed on such terms and conditions as the Chief Executive Officer determines.

Lighterage charges

      5.         (1)        The Chief Executive Officer may, by written instrument published in the Gazette, specify —

(a)        charges to be paid for or in relation to the operations of the Lighterage Service; and

(b)        subject to subsection (2), the persons or classes of persons by whom the charges are to be paid.

                  (2)        The Chief Executive Officer must not specify a person or class of persons under paragraph (1)(b) unless the person is, or the class is constituted by persons each of whom are —

(a)        a consignee or consignor of cargo carried or to be carried by the Lighterage Service;

(b)        a person who has title, under a bill of lading or document of title, to cargo carried or to be carried by the Lighterage Service;

(c)        a person who is, or is to be, carried as a passenger by the Lighterage Service; or

(d)       a carrier within the meaning of the Sea-carriage of Goods Act 1939.

                  (3)        A charge specified under paragraph (1)(a) is to be paid to the Administration by the person who is, or by a person included in a class of persons that is, specified under paragraph (1)(b) in relation to the charge.

                  (4)        A charge payable under subsection (3) is a debt due to the Administration and, if unpaid, may be sued for by the Administration in a Court of competent jurisdiction.

Hiring of the equipment of the Lighterage Service

      6.         The Administration may, on such terms and conditions as the Chief Executive Officer thinks fit, let out on hire any of the equipment of the Lighterage Service.

Administration may refuse to lighter cargo

      7.         (1)        The Administration may, without giving any reason for so doing, refuse to lighter any cargo.

                  (2)        A refusal by the Administration does not affect a decision by another person to lighter cargo.

Exclusion of liability

      8.         (1)        Subject to subsection (3), the Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer has no liability in respect of —

(a)        loss of, or damage to, cargo during carriage of the cargo; or

(b)        loss by, injury to or the death of a person during carriage of the person.

                  (2)        In subsection (1), “carriage”, in relation to cargo or a person —

(a)        means carriage of the cargo or person between ship and shore or shore and ship; and

(b)        includes operations (including the loading and unloading of cargo or a person) undertaken in relation to the carriage,

in the course of the conduct of the Lighterage Service.

                  (3)        This section does not affect the operation of the Employment Act 1988.

Agent to notify arrival of ships

      9.         (1)        The agent on Norfolk Island for the owner of a ship that is expected to arrive at Norfolk Island for the purpose of loading or unloading cargo or passengers shall notify the Collector of Customs of the expected time of arrival of the ship as soon as is reasonable in the circumstances, or, if the information is received by the agent more than 12 hours before the expected time of arrival, at least 12 hours before the expected time of arrival.

                  (2)        Where an agent or owner requests the Lighterage Service to undertake lighterage services and

(a)        an agent has given an incorrect time of arrival of a ship; or

(b)        an agent, having been informed that the arrival of a ship, notification of which has been given to the Collector of Customs, will be delayed, has not, as soon as is reasonable in the circumstances, given notice to the Collector of Customs of the fact that the arrival of the ship will be delayed,

the Administration may recover from the agent as a debt due and owing to the Administration the amount of any expenses incurred by the Lighterage Service by reason of the giving of the incorrect time of arrival or the failure to give notice of the fact that the arrival of the ship will be delayed.

Damage to equipment of Lighterage Service

      10.       (1)        A person shall not wilfully damage or, without the authority of the Administration, interfere with or use any lighter or gear or equipment used for the purpose of or in connection with the Lighterage Service.

Penalty:           10 penalty units or imprisonment for 3 months or both.

                  (2)        In addition to imposing a penalty under subsection (1), the Court may order a person convicted of an offence under that subsection to pay to the Administration the amount of any damage resulting from the wilful act or unauthorised interference or use.

                  (3)        An amount so ordered may be recovered by the Administration as a debt due and owing to the Administration.

…..

 

Delegation

      11A.    (1)        The Chief Executive Officer may, in writing, delegate all or any of his or her powers under this Act, other than this power of delegation, to an officer or employee of the Administration.

                  (2)        A delegation under this section does not prevent the exercise of a power by the Chief Executive Officer.

Regulations

      12.       The Administrator 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.

 

NOTES

The Lighterage Act 1961 as shown in this consolidation comprises Act No. 6 of 1961 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Lighterage Act 1961

6, 1961

14.9.61

 

 

 

 

 

Amendments Incorporation Act 1963

2, 1963

28.3.63

 

 

 

 

 

Ordinances Revision Act 1964

6, 1964

30.6.64

6

 

 

 

 

Ordinances Citation Act 1976

11, 1976

25.11.76

 

 

 

 

 

Ordinances Revision Act 1979

13, 1979

7.8.79

5

 

 

 

 

Ordinances Revision (Executive Members) Act 1980

8, 1980

6.11.81

5

 

 

 

 

Ordinances Revision (Decimal Currency) Act 1980

31, 1980

15.1.81

 

 

 

 

 

Ordinances Revision (Amendment) Act 1980

13, 1981

6.11.81

 

 

 

 

 

Statute Law Revision (Penalties and Fees) Act 1984

9, 1985

13.5.85

4

 

 

 

 

Lighterage Amendment Act 1992

2, 1992

20.2.92

 

 

 

 

 

Lighterage Amendment Act 1993

2, 1993

4.3.93

 

 

 

 

 

Citation of Laws Act 1995

14, 1995

1.1.96

 

 

 

 

 

Lighterage Amendment Act 1996

2, 1996

16.2.96

 

 

 

 

 

[previously consolidated as at 1 May 1996]

 

 

 

 

Lighterage (Amendment) Act 2012

6, 2012

27.7.12

 

 

 

 

 

[previously consolidated as at 1 August 2012]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 382–390)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 32): 29 Sept 2018 (s 2(1) item 1)

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provisions affected            How affected

1

am

2, 1963; 11, 1976; 14, 1995

2

am

13, 1979; 14, 1995

3

am

13, 1979; 6, 2012

4

am

8, 1980; Ord No 2, 2015 (as am by F2018L01378)

5

am

8, 1980

 

rs

2, 1993

 

am

Ord No 2, 2015 (as am by F2018L01378)

6

am

13, 1979; 8, 1980; Ord No 2, 2015 (as am by F2018L01378)

7

am

13, 1979; 6, 2012

8

am

13, 1979; 8, 1980; 13, 1981; Ord No 2, 2015 (as am by F2018L01378)

 

rs

2, 1992

9

am

13, 1979; 6, 2012

10

am

13, 1979; 31, 1980; 9, 1985

11

am

8, 1980; 31, 1980; 9, 1985

 

rep

6, 2012

11A

ad

2, 1996

 

am

Ord No 2, 2015 (as am by F2018L01378)

12

am

6, 1964; 13, 1979; 13, 1981