This Act may be cited as the Harbours Amendment Act, 1910, and it shall form part of and be read together with the Harbours Act, 1908 (hereinafter referred to as the principal Act).

This Act shall commence on the first day of January, nineteen hundred and eleven.

In this Act and in the principal Act, if not inconsistent with the context,—

Section five of the principal Act is hereby amended by omitting the definition of “harbour-works.”

Every Harbour Board hereafter constituted shall be constituted by an Act of Parliament (hereinafter termed a special Act) and in the manner provided by that Act.

Every such Board shall consist of non-elective members or of elective members, or of both non-elective and elective members, as may be prescribed by such Act.

Every such Act shall make provision for the first election of the elective members of the Board (if any), and for all other matters necessary to give effect to this Act and that special Act.

Every Harbour Board mentioned in the First Schedule hereto shall continue to exist and to have its existing name and common seal, and shall retain its properties and liabilities, and all its existing contracts and engagements shall be enforceable by and against it.

Every such Board shall, as from the commencement of this Act, be constituted in the manner mentioned in the said First Schedule, as follows:—

In the case of each such Board the members in office on the commencement of this Act shall continue to hold office until the date fixed as hereinafter mentioned for the first election of members of that Board under this Act.

Every non-elective member of a Board shall be appointed by the Governor for a term of three years from the last Wednesday in April in the year in which the Board is constituted, or, in the case of an existing Board, from the last Wednesday in April, nineteen hundred and eleven; and in either case from the last Wednesday in April in every subsequent third year.

Where one or more members of a Board are to be elected by all or some only of the electors of a county, borough, road district, or town district (hereinafter referred to as a constituent district), such election shall be held in the same manner as the ordinary general election of members of the local authority of that constituent district; and all the provisions of the Local Elections and Polls Act, 1908, and of all other Acts affecting the mode of election of members of that local authority (including the penal provisions thereof and the provisions relating to disputed elections) shall, so far as practicable, and so far as consistent with this Act, apply accordingly.

At every such election of a member of the Board every elector shall have one vote and no more.

The Returning Officer of the constituent district shall be the Returning Officer for the purposes of such election.

In any case where by this Act or any special Act one or more members of a Harbour Board are to be elected by all or some only of the electors of two or more local authorities jointly (hereinafter referred to as a combined district), the Governor shall by Order in Council select and appoint one of those local authorities to be the principal authority for the purposes of such election.

Every such election shall be held in manner prescribed by regulations made by the Governor in Council either generally or in respect of any specified Harbour Board.

By such regulations the Governor in Council may apply to any such election, with such modifications, exceptions, and additions as he thinks fit, the provisions of the Local Elections and Polls Act, 1908, and of any other Act affecting the election of members of any such local authority.

At every such election of a member of the Board every elector shall have one vote and no more, even though he is an elector of more than one county, borough, road district, or town district comprised within the combined district.

In the case of a constituent district which is a borough, and in the case of a combined district the principal authority of which is a Borough Council, the election of members shall be held on the day appointed for electing members of Borough Councils; and in the case of every other district the election shall be held on the last Wednesday in April in every third year, commencing with the year nineteen hundred and eleven.

On the election under this section of representatives of any constituent district or combined district the former representatives thereof shall, unless re-elected, retire from office.

The first election of members of a Harbour Board constituted after the commencement of this Act shall be held on such day as the Governor by Order in Council appoints; and by the same or any subsequent Order in Council the Governor may make all such provisions as he deems necessary for the purposes of that election, and may fix the time and place for the first meeting of any Board.

Where on the constitution of a new Harbour Board an election of members is held within six months of the time fixed under section eight hereof for the election of any of the members of the Board, it shall not be necessary to hold such last-mentioned election, but the member or members who but for this section would retire from office shall remain in office until the next succeeding election is held under the said section eight.

Where an election of representatives of a constituent district or combined district is held simultaneously with an election of members of the local authority or principal authority of that district, the voting-papers provided for the former election shall be different in colour from those provided for the latter.

If any constituent district or combined district fails at any election to elect the required number of representatives, the Governor may by Warrant under his hand appoint such qualified persons as he thinks fit to be the representatives of that district in lieu of those who ought to have been elected; and the persons so appointed shall hold office in all respects as if they had been duly elected in conformity with this Act.

The creation, abolition, merger, union, division, or other alteration of any constituent district or combined district shall not in itself have any operation so as to affect the then existing membership of the Board.

The Governor may from time to time by Order in Council, whenever in his opinion it becomes necessary or expedient so to do, make such provision with respect to the representation of any part of any rating-area or constituent or combined district as he thinks fit.

If by any such Order in Council representation is given to any constituent district or combined district which is not already represented on the Board, or increased representation is given to any constituent district or combined district which is already represented on the Board, the Governor may, by the same or any other Order in Council, fix the date of the first election of the representatives or additional representatives (as the case may be) of that district, and make all other provisions which are deemed necessary for that election.

If by any such Order in Council representation on a Board is taken away from any constituent district or combined district, the representatives of that district shall retire from office on the day appointed in that behalf by the Order in Council.

If by any such Order in Council a reduction is made in the number of representatives to which any constituent district or combined district is entitled, a sufficient number of those representatives shall retire from office on the day appointed in that behalf by the Order in Council so that the representation of that district may conform to the Order in Council. The representatives so to retire from office shall, in default of agreement among all the representatives of the constituent district or combined district, be determined by lot in manner determined by the Board.

Where by this Act or any special Act power is given to the owners of ships, or to the payers of dues or of any specified class of dues at any port, or to both owners of ships and payers of dues together, to elect a member or members of any Board, such power shall be exercisable by all those persons who on the thirty-first day of December preceding the election were the registered owners or part owners of any ship registered at the port of the harbour, or who have severally paid to the Harbour Board the sum of three pounds or upwards in respect of harbour dues or of the specified class of harbour dues during the year ending the thirty-first day of December preceding the election.

Such power shall be exercised in the manner prescribed by regulations made by the Governor in Council either generally or in respect of any specified Harbour Board.

By such regulations the Governor in Council may apply to any such election, with such modifications, exceptions, and additions as he thinks fit, the provisions of the Local Elections and Polls Act, 1908.

Where such dues have been paid by two or more persons jointly, or where any ship is owned by more than one person, only one of such persons shall be entitled to vote in respect of such payment or ownership, as the case may be.

Any corporate body being the payer of dues or owner of a ship may from time to time, by writing under its corporate seal, appoint some person to vote in respect of such payment or ownership.

Every person entitled to vote at any such election shall have one vote and no more, even though he may be both a payer of dues and an owner or part owner of a ship.

No person voting under this section at any election shall be entitled to vote under the preceding provisions of this Act.

Elections under this section shall be held on the days appointed for the elections of members of Borough Councils.

The reasonable cost of every election under this Act that is not held simultaneously with the election of members of any local authority, and the reasonable additional cost incurred by a local authority in respect of any election under this Act that is held simultaneously with the election of members of the local authority (except in every case the expenses of scrutineers and other expenses incurred by or on behalf of candidates), shall be paid by the Harbour Board.

Any dispute arising as to the amount to be paid by a Harbour Board to any local authority under this section shall be determined by the Audit Office after such inquiry as it thinks fit, and the decision of the Audit Office in any such dispute shall be final.

Every member shall come into office on his election or appointment, and shall, unless his office sooner becomes vacant, hold office until the election or appointment of his successor in accordance with this Act, but shall be capable of re-election or reappointment.

No person other than a person entitled to vote at an election of a member of the Board shall be capable of being elected or appointed as a member of a Harbour Board.

The following persons shall be incapable of being elected or appointed as members of a Harbour Board:—

Subject to the provisions of this section, any person may be elected or appointed as a member of a Harbour Board.

The office of any member of a Harbour Board shall become vacant if he—

Every person who does any act as a member of a Harbour Board after he has forfeited his office under this section is liable on summary conviction to a fine of fifty pounds.

Every member of a Harbour Board who becomes concerned or interested in any contract made by the Board so as thereby to forfeit his office under this section is liable on summary conviction to a fine of fifty pounds, and shall not be entitled to enforce that contract as against the Board, and all moneys paid to him by the Board in respect of that contract shall be recoverable by action at the suit of the Board as a debt due by him to the Board.

Every member of a Board who knowingly takes part in the making by that Board of any contract in which any other member of the Board is so concerned or interested as thereby to forfeit his office under this section is liable on summary conviction to a fine of fifty pounds.

When a representative of any constituent district vacates his office on the Board through the operation of the last preceding section, the local authority of that district shall forthwith appoint some qualified person in his place as a representative of that district.

When an elective member other than a representative of a constituent district vacates his office on the Board through the operation of the last preceding section, the Governor may by Warrant under his hand appoint some qualified person in his place.

The member so appointed shall hold office only for the unexpired portion of the term of office of his predecessor.

The validity of acts done by a Harbour Board shall not be affected by any error or defect in the election or appointment of any member of the Board, or by the fact that the full number of members has not been elected or appointed, or by the fact that any person acting as a member of the Board is disqualified or that any member has vacated his seat.

The provisions of this Act relating to the election and appointment of members shall not apply to the Harbour Boards named in the Second Schedule hereto, or to any Board hereafter constituted consisting of the members of a local authority, but every such Board shall nevertheless be a Harbour Board within the meaning of this Act, and shall perform the functions of a Harbour Board from time to time without complying with the provisions of this Act relating to elections of members.

At the first meeting of every Board hereafter constituted the Board shall elect one of its members to be the Chairman thereof, who shall retain office until the next annual meeting of the Board.

Within fourteen days after the last Wednesday in April in every year every Board shall hold an annual meeting, and at that meeting the Board shall elect one of its members to be the Chairman thereof.

In the event of there being an equality of votes at the first meeting of the Board or at any annual meeting, the election of Chairman shall be decided at such meeting by lot as between the members having such equality of votes.

When the Chairman of a Board resigns his office by writing under his hand delivered to the Secretary or to any member of the Board, or ceases to be a member of the Board, his office as Chairman shall become vacant, and the Board shall as soon as may be thereafter elect one of its members as the Chairman thereof.

Every person elected as Chairman of the Board shall hold office until the election of his successor, unless his office sooner becomes vacant.

At every meeting of a Board the Chairman, if present, shall preside.

If the Chairman is absent from any meeting, or if there is for the time being no Chairman, the members present shall choose one of their number to act as Chairman at that meeting, and the member so chosen shall have the same powers at that meeting as if he were the Chairman of the Board.

Notwithstanding anything in section forty of the principal Act, the Chairman may be paid such annual allowance, at a rate not exceeding two hundred pounds, as the Board from time to time determines.

No alteration in the amount of such allowance shall take effect during the term of office of any Chairman.

For the purposes of this section a person re-elected as Chairman shall be considered a new Chairman.

The Board may at any time and from time to time appoint a Deputy Chairman, who shall act as Chairman during the temporary absence or incapacity of the Chairman.

While so acting the Deputy Chairman may do all acts that the Chairman as such might do.

The fact that the Deputy Chairman exercises any power, duty, or function of the Chairman shall be sufficient evidence of his authority so to do, and no person shall be concerned to inquire whether any occasion has arisen requiring or authorizing him so to do, or be affected by notice that no such occasion has arisen.

For the transaction of general business the Board shall hold ordinary meetings at its office at such times as it appoints.

Every question before the Board shall be decided by the votes of a majority of the members present.

The Chairman shall have a deliberative vote, and in any case in which the votes are equal a casting-vote also.

No business shall be transacted at any meeting unless a quorum is present thereat during the whole time during which business is transacted (such quorum to be fixed by by-law).

A Board may from time to time appoint standing or special committees, consisting of members of the Board, and may delegate to those committees any matters for consideration, or inquiry, or management, or regulation; and may delegate to any such committee any of the powers and duties by this Act conferred or imposed upon the Board, except the powers to borrow money, make a rate, make a by-law, execute a deed or contract, or institute an action:

Provided that the appointment of members of committees shall not be made at any time after the election of a new Chairman until such new Chairman has taken office.

Every such committee shall be subject in all things to the control of the Board, and shall carry out all directions, general or special, of the Board given in relation to such committee or its affairs.

The Board appointing any committee may appoint a member of such committee to be the permanent Chairman thereof; and, if no such appointment is made, the committee may make the appointment. The Board may from time to time remove such Chairman, and appoint another in his stead.

The Board may from time to time discharge, alter, continue, or reconstitute any committee appointed by it.

The enactments mentioned in the Third Schedule hereto are hereby repealed:

Provided that such repeal shall not operate with respect to any Harbour Board until the date fixed for the first election under this Act of members of that Board.

Section sixty-one of the principal Act is hereby amended by adding to subsection one the following proviso:—

Section sixty-three of the principal Act is hereby amended by repealing subsection three, and substituting the following in lieu thereof:—

The Board may from time to time either—

If the Board appoints a pilot or pilots, no person other than such appointed pilot or pilots, or person holding a pilotage-exemption certificate, shall act as pilot.

Such appointed pilot or pilots shall receive either a fixed salary payable by the Board, or the whole or part of the pilotage rates payable within the district, or such other remuneration as the Board by the resolution appointing such pilot or pilots or by any subsequent resolution determines.

No liability shall be imposed on the Board in respect of any act or omission of any appointed pilot by reason of the fact that such pilot was appointed or paid by the Board.

Licensed pilots shall receive as remuneration the whole or such part of the pilotage rates as the Board from time to time fixes.

The Board shall, in the manner prescribed by the principal Act, fix the pilotage rates within such district.

Section sixty-six of the principal Act is hereby repealed.

The pilotage - exemption certificates referred to in section sixty-eight of the principal Act shall apply only to the following classes of ships:—

When the fee for a pilotage-exemption certificate is paid by the master or mate to whom it relates the certificate shall belong to him, and in cases in which the fee is paid by the owner of the ship the Secretary of the Board shall, on request of that owner, either transfer the certificate or issue a new one in place of it to any other person holding a master’s certificate or a mate’s certificate who has passed the prescribed examination.

No fee shall be payable for the transfer or issue of a new certificate as aforesaid.

In the case of any ship to which pilotage-exemption certificates apply, and the master or mate of which holds such a certificate entitling him to pilot that ship, the owner or master of the ship shall, unless a pilot is employed, be entitled, after the ship has entered the port in respect of which the certificate was issued, and on payment of one full rate of pilotage in and out of that port in addition to the inward rate payable on such entry, to receive from the officer receiving the payment a certificate (hereinafter called a pilotage-rates exemption certificate) exempting that ship from payment of pilotage rates for the period of twelve months computed from the date of such entry, except when a pilot is employed.

The date of entry shall be specified in the pilotage-rates exemption certificate, and the exemption from pilotage rates may be renewed for twelve months by the payment of one full rate of pilotage in and out on or before the date of expiration of the period for which the certificate was issued, and so on from year to year thereafter.

If a ship in respect of which a pilotage-rates exemption certificate has been issued enters a port after the expiry of the exemption period, that ship shall not be deemed exempt from pilotage, but on payment of one full rate of pilotage in and out, in addition to the inward rate payable in respect of such ship, the ship shall be entitled to a new certificate exempting her from pilotage for the period of twelve months from the date of such re-entry.

Every pilotage-rates exemption certificate which is in force under section four of the Harbours Amendment Act, 1908, at the passing of this Act shall continue during the period for which that certificate was issued to have the same effect as if this Act had not been passed.

All pilotage rates leviable under the principal Act shall be paid by the master of the ship for which the same are payable to the Collector of Customs of the port if there is no Harbour Board for the port, but if there is a Harbour Board such rates shall be paid to the Board.

No person other than a duly appointed or licensed pilot, or a person holding a pilotage-exemption certificate, shall act as pilot within the district attached to any harbour where a Harbour Board exists.

Every person who commits a breach of this section is liable to a fine not exceeding one hundred pounds, in addition to any liability for damages.

Every pilot who demands or receives, and every master who offers or pays to any pilot, any other rate in respect of pilotage services, whether greater or less, than the rate which may for the time being be demandable by law is liable to a fine not exceeding fifty pounds.

This section is in substitution for section eighty of the principal Act, which section is hereby accordingly repealed.

A Board may give credit for not more than three months for any dues to any person; provided that sufficient security shall be taken, previously to the giving of credit, for payment by such person of the dues for which the credit is given.

A Board may, by by-laws made in the manner provided by the principal Act, prescribe the nature of the security and the terms and conditions on which credit may be given, and impose fines for any breach or non-observance thereof.

Section one hundred and eight of the principal Act is hereby amended by adding thereto the following subsection:—

In addition to any leasing-powers conferred on a Board by any special Act, the Board is hereby declared to be a leasing authority within the meaning of the Public Bodies’ Leases Act, 1908, and shall have and may exercise the powers conferred on leasing authorities by that Act.

This section shall not apply to the Otago Harbour Board.

Sections one hundred and twenty and one hundred and twenty-one of the principal Act are hereby repealed.

Notwithstanding anything in section one hundred and twenty-nine of the principal Act, in the case of lands between high-and low-water marks which belong to the Crown, and on which at high water, spring tides, the depth of water is not sufficient for purposes of navigation, the Governor in Council may, after notice in writing to the Board in whose district the land is situated, grant occupation licenses for periods not exceeding twenty-one years, at such rent and on such conditions as he thinks fit; and any such lease may contain a provision authorizing the lessee to reclaim the land the subject of the lease without complying with the requirements of section forty-one hereof.

If at any time during the currency of any license granted under the authority of section one hundred and thirty-one of the principal Act the foreshore to which the license relates, or any part thereof, is required for harbour purposes by the Board or authority that granted the license, that Board or authority may revoke the license as to the whole foreshore, or so much thereof as is required as aforesaid, without payment of compensation or liability to any action or claim for damages in respect of such revocation.

The revocation of any license as aforesaid shall not take effect until the expiration of three months after service on the licensee of a written notice of the intention of the Board or authority to revoke the license.

On any such revocation the rent payable by the licensee in respect of the license shall abate in the same proportion as the value of the land in respect of which the license is determined bears to the value of the whole land comprised in the license.

Every lease granted under the authority of section one hundred and thirty-eight of the principal Act shall be granted subject to and shall contain a condition that if during the term of the lease the land to which the lease relates, or any part thereof, is required by the Board for harbour-works the Board may resume the same without payment of compensation for loss of riparian rights; but such exemption from payment of compensation for loss of such rights shall not apply in cases where the lease has been granted for the purpose of constructing a dock or slip, or for shipbuilding purposes. The rent reserved by the lease shall abate in the same proportion as the value of the land resumed bears to the value of the whole land comprised in the lease.

The powers conferred by this section shall not be exercised until the expiration of three months after service on the lessee of a written notice of the intention of the Board to resume the land or part thereof.

Except as provided in section one hundred and fifty-eight of the principal Act, no land shall be reclaimed from the sea or from the waters of any harbour, and no graving-dock, dock, or breakwater shall be constructed in any harbour or in the sea, except under the authority of a special Act:

Provided that the Governor may from time to time by Order in Council authorize any local authority to reclaim areas not exceeding five acres in extent in any case where he considers that the reclamation will not affect navigation and is for the benefit of the public, and in such case it shall not be necessary to obtain a special Act.

The applicants for such special Act or Order in Council shall deposit at the office of the Marine Department a plan, on a scale not less than three chains to one inch, prepared by a licensed surveyor, showing all tidal waters coloured blue, and the extent of the land sought to be obtained for the purpose of the said Act or Order.

Where the application is for a special Act, the said plan shall be deposited as aforesaid two months at least before the commencement of the session of Parliament at which the Act is sought to be obtained.

Section one hundred and thirty-nine of the principal Act is hereby repealed.

Section one hundred and forty-two of the principal Act is hereby amended by adding thereto the following subsections:—

Section one hundred and forty-three of the principal Act shall not apply where the fee-simple of the tidal lands or of the lands embanked or reclaimed under that or any other Act adjacent to the lands raised in height as mentioned in that section is vested in a Harbour Board.

Section one hundred and forty-seven of the principal Act is hereby amended by inserting therein the following paragraphs:—

Where, under the authority of any special order as mentioned in section one hundred and fifty-eight of the principal Act, any land is reclaimed or a dock is constructed, the land so reclaimed or the land on which the dock is constructed shall vest in the Board.

If a Harbour Board has taken, under the Public Works Act, 1908, or any former Public Works Act, or hereafter takes under the first-mentioned Act, any land intersected by a street or part of a street, and such street or part of a street is hereafter and subsequently to the taking aforesaid closed by the local authority, the fee-simple of the street or part of the street intersecting the land taken by the Board and closed as aforesaid shall, without payment of compensation to the local authority, become the property of the Board, and shall be held by it for the purposes of this Act or of any special Act affecting the Board.

The Clerk or other proper officer of the Court in which any fines payable to the Harbour Fund are recovered shall pay the same into the Harbour Fund at such times and in such manner as the Minister of Finance directs.

The Clerk or other proper officer of the Court in which any such fines are inflicted shall, once in every three months, furnish the Board with a written statement thereof, signed by him, distinguishing therein those that have from those that have not been paid into such fund.

Where any fines payable to the Harbour Fund are by law required to be paid in stamps, and have been so paid, the Clerk or other proper officer aforesaid shall certify to the Minister of Finance the amount of the same, that they have been so paid, and the name of the Board entitled to receive the same; and thereupon the said Minister, without the necessity of any appropriation by Parliament, shall pay the amount of such fines out of the Consolidated Fund to the Harbour Fund.

The Board shall not levy any rate or toll within the limits of any harbour or harbour district other than that over which the Board has jurisdiction:

Provided that this section shall not affect the right of the Board to levy and collect any rate or toll made or levied under the authority of any Act before the coming into operation of this Act as security for any loan.

Every Harbour Board shall in every year cause its accounts to be balanced to the thirty-first day of December in each year, and a true statement and account to be made out of all contracts entered into, and of all moneys received or expended by virtue of this Act or any special Act during the preceding year, and of all its available assets, and of all debts then owing by it:

Provided that in the case of existing Boards the statement and account required to be made for the year nineteen hundred and eleven shall be for the period elapsing since the date on which the last preceding balance and statement and account were required to be made.

Section one hundred and seventy-three of the principal Act is hereby repealed.

The statement and account referred to in section one hundred and seventy-four of the principal Act, audited as mentioned in that section, and either allowed or disallowed by the Audit Office, shall be produced at a meeting of the Board to be held at the office of the Board at noon on the third Monday in March in each year, or at some adjournment thereof, at which meeting all holders of debentures, creditors, and other persons interested may be present.

Such statement, if and when adopted at such meeting or adjournment, shall be signed by the Chairman, and three copies thereof shall be sent to the Minister, who shall within ten days after receipt thereof lay the same before Parliament if sitting, and if not, then within ten days after the commencement of the next ensuing session.

The statement so signed shall be publicly notified at least once, or, at the option of the Board, a notice stating that the statement will be open for inspection during office hours at the office of the Board for a period of not less than thirty days shall be publicly notified at least twice.

A copy of the statement shall be furnished by the Secretary to the Board on demand, without fee, to any holder of debentures or creditor of the Board.

Subsection three of section one hundred and seventy-four and sections one hundred and seventy-five to one hundred and seventy-nine of the principal Act are hereby repealed.

Section two hundred and seven of the principal Act is hereby amended by adding thereto the following paragraphs:—

The owner of any ship or boat which has a valid survey certificate granted under the Shipping and Seamen Act, 1908, shall be entitled to ply for hire in any harbour, and to carry the number of passengers (if any) specified in such certificate, on payment of the license fee (if any) prescribed by by-laws in force in that harbour.

A Harbour Board is hereby empowered to regulate and control the traffic and navigation of the harbour under its control, and to provide specially for the direct and personal control of such traffic by the Harbour-master or other officer appointed by the Board on any day or occasion of unusual or extraordinary traffic.

In the case of any port for which there is no Harbour Board, the powers conferred by the last preceding subsection on Harbour Boards may be exercised by the Minister or by some person appointed by the Minister for the purpose.

Every person who commits a breach of any regulation or order made under this section is liable to a fine not exceeding ten pounds.

Every person is liable to a fine not exceeding twenty pounds who removes any stone, shingle, sand, or boulders from any portion of the shore lying between high- and low-water marks at ordinary spring tides, or from the bed of any harbour, or of a navigable river, or of the sea immediately adjacent thereto, without the authority in writing of—

In any proceedings against any person for a breach of the provisions of this section, the onus of proving that the material to which the proceedings relate was not removed from within the above-mentioned limits shall be upon that person.

Every person is liable to a fine not exceeding ten pounds who casts or throws or allows to flow into any harbour any sawdust or sawmill or flax-mill refuse.

A Board may, by its employees, vessels, machinery, or equipment, render, either inside or outside the limits of the harbour any services to any person, or to any vessel or other property; and, subject to any by-laws for the time being in force, may make and enter into contracts for rendering any such services, or for the use, either inside or outside such limits, of any of the Board’s vessels, machinery, or equipment; and where the matter is not regulated by by-laws the Board and its employees shall respectively have the same rights with respect to remuneration for any such services, whether rendered under contract or not, as if the Board were a private person.

The provisions of section one hundred and twenty-three of the Public Works Act, 1908, shall extend and apply to all lands vested in a Harbour Board:

Provided that this section shall not be deemed to affect any other statutory power of the Board.

The Governor may by Order in Council gazetted authorize the construction by a Harbour Board of tramways for the purpose of constructing and maintaining any harbour-works:

Provided that all such Orders in Council shall be subject to the provisions of the Tramways Act, 1908, and the Public Works Act, 1908, so far as they relate to the construction and maintenance of tramways.

Where any Proclamation or Order in Council purporting to be issued or made under the authority of the principal Act has been or shall be issued or made, then the Gazette containing such Proclamation or Order in Council shall be conclusive evidence that all matters and things required by the principal Act preliminary to the issuing or making of the Proclamation or Order in Council have happened, and that the same has been properly and lawfully issued or made.

Any Harbourmaster or other officer of a Board shall be entitled at any time while in the execution of his duty to enter and remain on any ship within the limits of the harbour under the control of the Board.

Every order, notice, or other such document requiring authentication by a Board may, unless otherwise provided, be signed by the Chairman, or by two members of the Board, or by the Secretary, and need not be under seal.

If any dispute or difference arises between the Board and any local authority as to the grant by any such local authority to the Board of any license or authority, or whether or not such license or authority ought to be granted, or as to the terms or conditions on which such license or authority should be granted, the question shall be referred to the Governor in Council, who shall determine such dispute or difference after such inquiry and in such manner as he thinks fit, and such determination shall be obeyed.

In any case in which either before or after the passing of this Act anything is or has been omitted to be done by or on behalf of any Board, or has been done without such Board having previously obtained the proper authority from the Governor or the Governor in Council or by Order in Council, or in any case in which anything cannot be done by or on behalf of any Board at the time required by this or any other Act, or is done after such time, or is otherwise irregularly or incorrectly done, or sufficient provision is not made by this Act, the Governor may by Order in Council gazetted, at any time before or after the time within which such thing is required to be done, extend such time, or may validate anything so done after the time required, or so irregularly or incorrectly done, or make other provision for such case as he thinks fit.

The Third Schedule to the principal Act is hereby amended by omitting the words “For ships exceeding 500 tons, £3,” and substituting the following: “For ships exceeding 500 tons, an addition of 10s. for every 500 tons or part of 500 tons.”

The principal Act is hereby further amended in manner indicated by the Fourth Schedule hereto.