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13 Provisions of Harbour and Tonnage Rates Act 1920–1953 to apply

13 Provisions of Harbour and Tonnage Rates Act 1920–1953 to apply

The Harbour and Tonnage Rates Act 1920–1953, and any Act amending or replacing the same and the regulations from time to time in force thereunder but in so far only as such Acts and regulations relate to the imposition, collection and payment of tonnage rates and berthing charges shall apply to and in respect of every wharf (which term for the purposes of this section shall include any structure, landing place or facility where cargo may be loaded or discharged or where vessels may be berthed) to be hereafter erected, constructed or provided over and along such portion of the Inner Harbour (to be constructed pursuant to Part 2 of this Act) as is described in paragraph (a) of clause twenty-two of the Agreement or upon lands adjoining or adjacent thereto as if the same were a public wharf and accordingly tonnage rates and berthing charges in accordance with the said Acts and regulations will be payable in respect of all vessels berthing at any such wharf subject to the following exceptions, such exceptions being applicable only during the period of ninety-nine years calculated from the date of commencement of the Agreement and only to vessels whilst berthed at any such wharf, namely that:

(i) Any vessel carrying loading or discharging only cargo the property of B.H.P. and A.I.S. or either of them and/or of any other company or companies in which B.H.P. and A.I.S. or either of them holds at least one-third of the share capital shall be exempt from the payment of such tonnage rates and berthing charges.

(ii) Any vessel carrying loading or discharging cargo part only of which is the property of B.H.P. and A.I.S. or either of them and/or of any other company or companies in which B.H.P. and A.I.S. or either of them holds at least one-third of the share capital shall be granted a rebate of such tonnage rates and berthing charges to the extent of the ratio which the part of the cargo which is the property of B.H.P. and A.I.S. or either of the and/or of an other company or companies in which B.H.P. and A.I.S. or either of them holds at least one-third of the share capital bears to the whole of such cargo.

(iii) Any vessel the property of or chartered by B.H.P. and A.I.S. or either of them or the property of or chartered by any other company in which B.H.P. and A.I.S. or either of them holds at least one-third of the share capital berthing for a purpose other than the loading or discharging of cargo shall be exempt from the payment of such tonnage rates and berthing charges.

In the exemptions referred to in the foregoing provisions of this section cargo does not include coal and coke shipped pursuant to any consent of the Minister given under clause twenty-nine of the Agreement.