New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 13D

13D Control of construction of certain works in Hunter River

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

(2) In that part of the bed and shores of the Hunter River including the channels and bays thereof extending upstream from the area included in Part 1 of Schedule 3 to a line extending due west across the Hunter River from the point where the left bank of the Williams River meets the left bank of the Hunter River, no person shall without the consent of the Board:

(a) construct or authorise the construction of any embankment, retaining wall, reclamation, wharf, dock, pier, jetty, landing stage, 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 or dredging undertaken or authorised by the Crown under the Newcastle Harbour Improvements Act 1953 , the Broken Hill Proprietary Company Limited (Reclamation and Exchange) Agreement Ratification Act 1950 or the Broken Hill Proprietary Company Limited (Steelworks) Agreement Ratification Act 1950 , or otherwise undertaken by the Crown for the purpose of flood control in the Hunter River.

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