Northern Territory Consolidated Regulations

PORT BY-LAWS - SECT 59

(1) This by-law applies to -

(a) kalsomine, carbon black, cement, charcoal, cocoa beans, paint mediums, fertilizers, plaster, plaster of Paris and whiting;

(b) goods (other than explosives and inflammable liquids) which have been declared by proclamation under section 248 of the Navigation Act 1912-1961 to be dangerous; and

(c) any other goods in respect of which the Harbourmaster gives a direction in accordance with clause (2).

(2) Where the Harbourmaster is satisfied that goods of a class specified in paragraph (a) or (b) of clause (1) or other goods to which, in his opinion, this by-law should apply -

(a) are likely to create a nuisance or dangerous or objectionable conditions on a wharf; and

(b) are about to be unloaded from a vessel, lighter or small craft,

he may direct the owner of the vessel, lighter or small craft or the owner of the goods to ensure that the goods are removed direct from the vessel, lighter or small craft and dealt with in accordance with this by-law.

(3) Where -

(a) goods to which this by-law applies are unloaded on to a wharf; and

(b) the Harbourmaster has not given permission, which is in force, for the goods to be stacked on a wharf, the owner of the goods shall ensure that the goods are immediately removed direct from the vessel, lighter or small craft to a place beyond the limits of any wharf.

(4) Where the Harbourmaster gives permission for goods to which this by-law applies to be stacked on a wharf, a person shall not stack those goods on a wharf unless the goods are stacked on pallets which are placed upon a portion of the wharf which is -

(a) set aside by the Harbourmaster for the stacking of the goods; and

(b) covered with clean sawdust, or other substance specified by the Harbourmaster, to a depth of at least 2 inches.

(5) Where goods to which this by-law applies have been stacked on a wharf with the permission of the Harbourmaster, the owner of the goods shall remove the goods, the pallets on which they are stacked and the sawdust or other substance with which the portion of the wharf under the pallets is covered from the wharf within 8 business hours after the end of the hour in which the goods were unloaded.

(6) If goods are stacked or if goods, pallets or sawdust or any other substance remain or remains on a wharf in contravention of this by-law, the Harbourmaster may give a direction to the owner to remove the goods, pallets or sawdust or other substance forthwith, and the owner shall comply with the direction.