PIERS ORDINANCE, 1899

PIERS ORDINANCE, 1899

No. 11 of 1899.

An Oldihance to make Provision with respect to pie-rs.

[1st January, 1900.]

1. This Ordinance may be. citedas the Piers Ordinance,

2. In this Ordinance,

(a) ' Crown foreshore ' includes Crown land covered with
water below ordinary low water mark;

(b) ' Pier ' includes every pier and wharf of whatever
description, except a pier or 'wharf belongingto the Government
or to the naval, military or air force authorities..

As amended by No. 28 of 1935 [1.7.35].
As amended by Law Rev. Ord., 1937





3.-(1) Rent in accordance with the scale specified in the
Schedule shall' (except in cases where rent on a.hi~her scale i;
now payable to the Government by agreement) be payable to
the Treasury by the owner of any pier, whether already erected
or hereafter to be erected -or re-erected over- Crown foreshore,
notwithstanding any agreement or understahding 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
he payable in respect of such pier.

(2) Such -rent shall be payable in advance, 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, never-
theless, that no rent shall be chargeable in respect of any pier
which is removed before the expiration of one month 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 1 covered by such extension
shall commence to be payable-from the date of the granting of
the licence or lease for such extension. -

(4) It shall be lawful, however, 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 refits specified in the Schedule shall
continue in force until revised as hereinafter provided.

(2) It shall be lawful for the Legislative' Council by resolu-
tion from time to time to revise the said scale of rents in any
way whatsoever, and any such revised scale of rents shall
continue in force for such period as may be specified in the said
resolution : Provided that any such revised scale of rents
brought into force after the 3ist day of December, 1924, and
before the ist day of January, 195o, shall continue in force until
the end of the year 1949.

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

As amended by No. 29 of 1930 [12.12.301 and Law Rev. Ord., 1937.
As amended by NQ? 4 of 1924 [15.8.24] and Law Rev. Ord., 1937.





of such design, dimensions, construction and material as may be
approved of by hirn.

6. No alteration or extension of any pier shali be made by
the owner 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 main-
tained 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 outer end of every pier.

(2) 5uch 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 than 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 than irl 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 warehouse, shed or building of any kind, other than
a shelter again st the weather, shall, except with the consent of.
the Director of Public Works, be erected by any person on any
pier.

[S. 12, rep. No. 5 of 1924.1

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

M-(1) In the event of any portion of the land over which





a pier is erected being required for any 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 such pier shall be either
partially or entirely removed by the owner thereof and at hi~
expense.

(2) The Director of Public Works shall alone be entitled
to determine, in the event of a partial removal of-such pie r, 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 specified 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, ativ description of loss or damage,'whether direct
or indirect, whic~ 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 of 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 then 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 already erected or hereafter 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-e~ection, 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 fails to comply with any of the pro-
visions of this Ordinance shall upon summary conviction be
liable to a fine n ' ot exceeding one hundred dollars and, in the
event of a continued non-compliance after such conviction, shall

-As amended by Law Rev. Ord., 1937.





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.

17. Any pier coming within the operation of this Ordinance 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 an 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.

No. 12 of 1899, repealed by No. 34 Of 1910.

1900.

No. 1 of 1900, repealed. by No. 31 Of 193O.
[Originally No. 37 of 1899. No. 4 of 1924. No. 29 of 1930. Law Rev. Ord., 1937.] Short title. Interpretation. Scale of rents chargeable for piers. Schedule. Duration and revision 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 and of pier. Power to order removal of pier, and payment of cost of removal. Regulations. Penalty for failure to comply with Ordinance. Exemption of certain piers from rates. Ordinance No. 6 of 1901. [12.12.30.]

[Originally No. 37 of 1899. No. 4 of 1924. No. 29 of 1930. Law Rev. Ord., 1937.] Short title. Interpretation. Scale of rents chargeable for piers. Schedule. Duration and revision 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 and of pier. Power to order removal of pier, and payment of cost of removal. Regulations. Penalty for failure to comply with Ordinance. Exemption of certain piers from rates. Ordinance No. 6 of 1901. [12.12.30.]

https://oelawhk.lib.hku.hk/items/show/1468

1937

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No. 11 of 1899

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