PIERS ORDINANCE, 1899

PIERS ORDINANCE, 1899

No. 11 of 1899.

To make provision with respect to piers.
[In force 1st January, 1900.]
1. Tho Piers Ordinance, 1899.

2. In this Ordinance,-

'Pier' includes every pier and wharf of whatever description,
except a pier or wharf belonging to tbe Grovernment or to the naval
or military authorities

'Crown foreshore' includes Crown land covered with water
below ordinary low-water niark.

As ainendeel by G. N. 169 of 1908.
A,,~ by fl, N. MG of 15)08 and No. 30 of 1911.
As anicuded by No. 16 of 11j12,





3.-(1) Rent in accordance with the scale specified in the schedule
shall (except in cases where rent on a higher scale is now payable to
the Government by agreement) be payable to the Treasury by the
owner of any pier, whether or hereafter 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 lus 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 in-
stalments, and, In the case of a new pier, shall commence to be
payable from the date of the granting of the licence or lease there-
for : Provided, nevertheless, that no rent shall be chargeable in
respect of any pier which is removed before the expiration of one
month front 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 else. of the exteusion 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-Counell 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 thereafter, unless altered
as hereinafter provided.
(2) The Governor-in-Council may revise such scale, as he may
deem expedient, as from and after 1st January, 1925.

(3) Such revised scale shall be notified in the Gazette, and shall
be deemed to be substituted for the scale in the schedule, and shall
be in force as from 1st January, 1925, to the end of the year 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.

As amended by No. 50 of 1911, No. 16 of 1912, No. 17 of 1912
and No. 21 of 1912.
As amended by No. 50 of 1911 and No. 16 of 1912.
As amended by No. 16 of 1912 and No. 17 of 1912,





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

7. The foundation, superstrouture, 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 6 fee;
of the outer 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 sliall be not less than 10 and not more than 15 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 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 dear 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 ship-
ment or landing, as the case may be.

11. No warehouse, 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.

12. Steam-ferries and passengers-boats shall not be entitled to
make habitual use ol any pier not constructed for their sole use, but
casual passengers and their luggage shall at all times have free
access to any pier for the purpose of landing or embarking, so long
as they do not interfere with the proper working of any craft belon-
ing to the owners of the pier or any other craft using the wharf by
arrangement with the owners.

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

As ainended by No. 16 of 1912.
As arnended by No, 17 of 1912,





14.-(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 snch pier
and to order that such pier shall be either partially or entirely re-
moved by the owner thereof and at his expense.

(2) The Director of Public Works shall alone be entitled to order,
in the event of areinoval 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
desciption 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 of the removal or partial re-
moval thereof, and if the Governor-in-Council considers that com-
pensation 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 Governinent with regard to any pier already erected or hereafter
to be erected for & temporary purpose only.

15. The Governor-in-Council shall, have power to make regula-
tions for the erection, recrection, alteration, extension, or main-
tellance of piers, and generally for the further and better carrying
out of the provisions of this Ordinance.

16. If any person fails to comply with any of the provisions of
this Ordinance he shall be on sunirnary conviction, to a fine
not exceeding 100 dollars and, in the event of a continued failure

atriended bY _No. 17 of 1912 and No. 43 of' 1912 Supp. Sched.
+ A. arriended bY No. 16 of 1912~
Asiineyirle,(] by No. 30 of 1911, No. 16 of 1912. No. 17 of 1912
and No. 43 of V512 Siipp. Sched.
to comply, he shall be liable to air additional fine of 10 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, be exempt
from the payment of rates.

SCHEDULE.

[ss. 3, 4.]

SCALE OF ANNUAL RENTS CHARGEABLE FOR ENCROACHMENTS OR PIERS,
OVER CROWN FOREHORE.
(a) In the City of Victoria --
1. For an encroachment of 500 square feet or less .............$120
2. Execeding 500 square feet, but riot 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. Exceedin. 3,000 square feet, but not exceeding 5,000
square feet................................................. 600
6. Exceeding 5,000 square feet, but not exceeding 10,000
square feet ................................................. 900
7. Exceeding 10,000 square feet................................1200
(b) In any other place:-
Half the above scale.
Short title. Interpretation of terms. Scale of rents chargeable for piers. Duration of scale of rents. 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. 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 of removal. Regulations relating to piers. Penalty for failure to comply with Ordinance. Exemption of certain piers from rates. No. 6 of 1901.

Short title. Interpretation of terms. Scale of rents chargeable for piers. Duration of scale of rents. 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. 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 of removal. Regulations relating to piers. Penalty for failure to comply with Ordinance. Exemption of certain piers from rates. No. 6 of 1901.

https://oelawhk.lib.hku.hk/items/show/903

1912

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No. 11 of 1899

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