PIERS ORDINANCE, 1899

PIERS ORDINANCE, 1899

No. 11 of 1899.

An Ordinance to make provision with respect to piers.

[1st January, 1900.]

1. This Ordinance may be cited as the Piers Ordinance,
1899.

2. In this Ordinance,

(a) Crown forshore includes Crown land covered with
wate below ordinary low water mark.

(b) Pier includes every pier and wharf of whatever
description, except a pier or wharf belonging to the Govern-
ment or to the naval or military authorities.


* As amended by G.N. No. 294 of 1917 and Law Rev. Ord., 1924.
+ As amended by Law Rev. Ord., 1924.





3.-(1) Rent, in accordance with the scale specified in the
Schedule shall (except in cases where rent on a higher scale
now payable to the Government by agreement) be payable
to the Treasury by the owner of any pier, whether already
erected or to be erected or re-erected over Crown
foreshore, notwithstanding any agreement or understanding
between the Government and the owner of such pier or any
of his predecessors in title, to the effect that no rent or rent
on a lower scale should be payable in respect of such pier,

(2) Such rent shall be payable in advance by equal monthly
instalments, and, in the case of a new pier, shall commence
to be payable from the date of the granting of the licence or
lease therefor:Provided, nevertheless, that no rent shall
be chargeable in of respect of any pier which is removed before
the expiration of one mouth from the date of the granting of
the licence or lease for Its erection, and that rent for such a
pier, if paid, shall be refunded.

(3) In the case of the extension of an existing pier, the
extra rent for the extra, land to be covered by such extension
shall commence to be payable from the date of the granting
of the licence or lease for such extension.

(4) In the case, however, of a temporary pier, it shall be
lawful for the Governor in Council to remit the whole or a
portion of any rent which is chargeable under this section.

4.-(1) The scale of rents specified in the Schedule shall-
continue in force until the end of the year 1924 and there-
after, unless altered as hereinafter provided.

(2) The Governor in Council may revise such scale, as he
may deem expedient, as from and after the 1st day of January,
1925.

(3) Such revised scale shall be notified in the Gazette, and
shall, be deemed to be substituted for the seak in the
Schedule, and shall be in force as from the 1st day of
January, 1925, to the end of the 1949, after which date
the scale shall be again subject to revision.

5. No pier shall be erected or re-erected except with the
leave of the Director of Public Works, and every such pier
shall be of such design, dimensions, construction, and
material as may be approved of by him.





6. No alteration or extension of any pier shall be made by
the thereof, except, with the leave of the Director of
Public Works.

7. The foundation, superstructure, landing-steps, roadway,
and every other portion of every pier shall at all times be
maintained in a state of safety and repair by the owner.

8.-(1) A green light, so constructed and of such a
character as to be visible from seaward, on a dark night with
a clear atmosphere, at a distance of at least one mile, shall
be exhibited within six feet of the witer end of every pier.

(2) Such light shall be erected and maintained by the
owner of the pier and at his expense, and shall be kept lighted
by such owner between sunset and sunrise.

(3) Such light shall be not less thall ten and not more
than fifteen feet above the level of the upper surface of the
pier.

9. No buoy or mooring shall be kept or placed by the
owner of any pier otherwise that in accordance with and
subject to the provisions of the law relating to merchant
shipping.

10. No pier shall be used by any person for the storage
of materials of any description, except gear required for
working the pier, and no articles, materials, or things shall,
except as aforesaid, remain on any pier beyond the time
actually required for their shipment or landing, as the case
may be.

11. No warehonse, shed, or building of any kind, other
than a shelter against the weather, shall, except with the
consent, of the Director of Public Works, be erected by any
person on any pier.

[s.12, rep. Law Revision Ordinance, 1924.]

13. No vessel shall lie alongside the end of any pier, unless
the pier is specially constructed for that purpose.

14.-(1) In the event of any portion of the land over
which a pier is erected being required for ally purpose which
the Governor in Council decides to be a public purpose, it



shall be lawful for the Governor in Council to cancel the
licence for or lease of such pier and to order that pier
shall be either partially or entirely removed by the owner
thereof and at his expense.

(2) The Director of Public Works shall alone be, entitled
to order, in the event of a partial removal of such pier, what
portions of it are to be so removed, and any such removal,
whether partial or total, shall be effected by the owner within
such period as may be ordered by the Director of Public
Works in a notice in writing served on the owner.

(3) The cost of such removal or partial removal of such
pier shall be defrayed exclusively by the owner thereof, and
no compensation will be paid by the Government for, and no
action, suit, or other legal proceeding shall lie against the
Government in respect of, any description of loss or damage,
whether direct or indirect, which the owner of such pier may
sustain by reason of such removal or partial removal.

(4) The Governor in Council shall, however, Consider on
its merits, and on such evidence as the Governor in Council
may think fit, any moral claim to compensation which may
be brought forward by the owner of such pier in respect if
the removal or partial removal thereof, and if the Governor
in Council considers that compensation in respect thereof
ought to be paid to such owner them compensation shall be
paid to such owner accordingly : Provided, nevertheless,
that nothing in this section shall affect the rights of the
Government with regard to any pier erected or here-
after to be erected for a temporary purpose only.

15. It shall be lawful for the Governor in Council to make
regulations for the erection, re-erection, alteration, extension,
or maintenance of piers, and generally, for the further and
better carrying out of the provisions of this Ordinance.

16. Every person who falls to comply with any of the pro-
visions of this Ordinance shall upon sumnary conviction
be liable to a fine not exceeding one hundred dollars and, in
the event of a continued failure to comply, shall be liable
to an additional fine of ten dollars a day for every day during
which he so remains in default, and every such additional
fine shall be recoverable summarily.

As amended by Law Rev. Ord., 1921,

17. Any pier coming within the operation of this Ordi-
nance shall, notwithstanding the provisions of the Rating
Ordinance, 1901, be exempt from the payment of rates.

SCHEDULE. [ss. 3, 4.]

SCALE OF ANNUAL RENTS CHARGEABLE FOR ENCROACHMENTS OF PIERS
OVER CROWN FORESHORE.

(a) In the City of Victoria:-
1. For all encroachment of 500 square feet or less ......$120
2. Exceeding 500 square feet, but not exceeding 1,000
square feet ........................ 180
3. Exceeding 1,000 square feet, but not exceeding 2,000
square feet .................................... 300
4. Exceeding 2,000 square feet, but not exceeding 3,000
square feet ....................................... 480
5. Exceeding 3,000 square feet, but not exceeding 5,000
square feet ....................................... 660
6. Exceeding 5,000 square feet, but not exceeding 10,000
square feet ....................................... 900
7. Exceeding 10,000 square feet ........................ 1,200

(b) In any other place
Half the above scale.
[Originally No. 37 of 1899. Law Rev. Ord., 1924.] Short title. Interpretation. Scale of rents chargeable for piers. Schedule. Duration of scale of rents. Schedule. Erection of new pier. Alteration or extension of pier. Repair of pier. Exhibition of green light at end of pier. Restriction on placing buoy or mooring. [cf. No. 10 of 1899.] Prohibition of use of pier for storage. Prohibition of erection of warehouse, etc., on pier. No vessel to lie along end of pier. Power to order removal of pier, and payment of cost removal. Regulations. Penalty for failure to comply with Ordinance. Exemption of certain piers from rates. Ordinance No. 6 of 1901.

[Originally No. 37 of 1899. Law Rev. Ord., 1924.] Short title. Interpretation. Scale of rents chargeable for piers. Schedule. Duration of scale of rents. Schedule. Erection of new pier. Alteration or extension of pier. Repair of pier. Exhibition of green light at end of pier. Restriction on placing buoy or mooring. [cf. No. 10 of 1899.] Prohibition of use of pier for storage. Prohibition of erection of warehouse, etc., on pier. No vessel to lie along end of pier. Power to order removal of pier, and payment of cost removal. Regulations. Penalty for failure to comply with Ordinance. Exemption of certain piers from rates. Ordinance No. 6 of 1901.

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1923

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No. 11 of 1899

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