New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 2

2 Definitions

(1) In this Act, unless the context or subject-matter otherwise indicates or requires:
"Freight receptacle" means a receptacle of a permanent character, other than a vessel, used or designed or adapted for use as a receptacle for the carriage of goods.
"Goods" includes wares, merchandise, articles and substances of whatsoever description and, except in the definition of "Freight receptacle" in this subsection, includes a freight receptacle.
"Harbour master" has the same meaning as it has in the Ports and Maritime Administration Act 1995 .
"Installation" includes any fixed, floating or movable structure for the berthing, docking, slipping, or repairing of vessels, or the handling of passengers, cargo, supplies or fuel, any pipe-line, conveyor or loading or unloading apparatus, and anything whatsoever erected, constructed, moored or stationed in, on, or in the vicinity of any port or navigable waters by the Board or by any person for the purpose of conducting, facilitating or regulating in any way the operation of such port or the use of such waters.
"Master" includes every person having lawfully, or de facto, the command, charge, or management of a vessel for the time being.
"Owner" includes any person exercising or discharging, or claiming the right or accepting the obligation to exercise or discharge, any of the powers or duties of an owner, whether on the person’s own behalf or on behalf of another and:

(a) in relation to goods, other than freight receptacles, includes a consignor, consignee, shipper or agent for the sale, custody, shipment or unshipment of the goods,

(b) in relation to a freight receptacle, includes a person who has contracted to carry goods therein, and the owner of any vessel on or from which the freight receptacle is carried or was last unshipped in a port, and

(c) in relation to a vessel, includes:

(i) a person who is the owner of a vessel jointly with any other person or persons,

(ii) in relation to a vessel for which while it is in a port or when it was last in a port there is or was an agent for the berthing or working of the vessel and, where the vessel has left that port, for which there was no other agent when it last left that port-that firstmentioned agent, and

(iii) in relation to a vessel for which when it last left a port there was an agent other than an agent for the berthing or working of that vessel when it was in that port-that firstmentioned agent.

"Port" includes:

(a) any harbour or haven, whether natural or artificial, or any estuary, channel, river, creek or roadstead, and

(b) any navigable water in which vessels may lie for shelter or for the shipment or unshipment of goods or passengers.

"Shore" means shore so far as the tide flows and reflows, between high and low water-marks.
"Trading vessel" means any vessel used for or in connection with the carriage of goods or persons by water from one port to another port in the course of any business or in connection with any commercial transaction.
"Vessel" means any ship, lighter, barge, boat, raft, craft and any floating object or apparatus used wholly or in part for the conveyance of persons or things by water, of whatsoever description and howsoever navigated, and includes amphibious vehicles, seaplanes, hydroplanes, hydrofoils, hovercraft, sunken or stranded vessels and the wreck or remains of any vessel.

(3) A reference in this Act to any other Act shall be deemed to include a reference to all rules, regulations, by-laws, proclamations, notifications and instruments made, issued or executed under such Act and for the time being in force.