factory.
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(2) Such licence may be for a period not exceeding fourteen years, and, on expiry, it may be renewed for a further period not exceeding fourteen years.
(3) No person shall establish or use a floating whale-factory without a licence from the Collector so to do. Every such licence shall specify the place or places at Which the factory may be moored and the distance at which it must be moored from any other floating factory or from a shore factory.
(4) Every person who erects any such factory without having first obtained a licence under this Act is liable to a fine not exceeding one hundred pounds, and to a further fine not exceeding ten pounds for every day the structure is allowed to rentain after notice to remove the same has been given by or on behalf of the Minister.
(5) The application for a licence for a site for a whale factory shall be made in writing to the Marine Department, and shall be accompanied by plans in duplicate drawn to scale of the site required and of the proposed factory for the approval of the Governor in Council.
(6) No licence shall be granted for a site in proximity to any inhabited place if the working of the factory would, in the opinion of the Minister, be a nuisance or a cause of danger to the public health.
Capacity of 5. A factory for which a licence is granted shall be so constructed and equipped as to be capable of converting any whale into commercial products within forty-eight hours after the delivery of the whale to the factory.
Regula- tions.
Pollution of
public waters
by whale. factory.
Penalty for unlawfully removing
6. The Governor may from time to time, by Order in Council gazetted, make
regulations-
(a) Prescribing forms of applications and of licences under this Act, and the
fees or rents payable in respect of whale-factories;
(b) Defining the manner in which the tonnage of whaling-vessels shall be
ascertained:
Provided that if any such vessel is registered under the Shipping and Seamen Act, 1908, or the Imperial Merchant Shipping Act, 1894. her tonnage for the purposes of this Act shall be deemed to be the tonnage shown on her certificate of registry; and
(c) For all other matters in respect of which regulations are deemed to be
required or expedient for the effective administration of this Act.
7. Every person who discharges any noxious matter from a whale or factory into any public waters, bay, harbour, river, stream, or creek is liable to a fine not exceeding fifty pounds.
S. Every person who, without the authority of the Minister, takes oysters from any oyster-bed or area on which oysters have been planted by or under the direction oysters from of the Marine Department is liable to a fine of not less than five pounds and not
exceeding one hundred pounds.
oyster-beds.
Private
breeding
ponds for
trout.
9. The Governor may from time to time, by Order in Council, authorize any person to construct and maintain ponds for breeding and rearing trout for sale, and inay make regulations regarding the working of such ponds and the sale of such trout, and may prescribe a fine not exceeding fifty pounds for breach of such regulations.
113
such licences, as may be approved by the Governor, subject to any regulations which may be made by the Governor in Council under section 3 of this Ordinance fixing such periods, terms, and conditions; and any person to whom a Whaling Licence shall be granted shall have for the purpose of such licence the use of the harbours of any or all of the Dependencies of the Falkland Islands as may be specified therein.
(2.) There shall be paid into the Colonial Treasury for and in respect of each Whaling Licence granted under this Ordinance the sum of one hundred pounds; provided that a Whaling Licence under this Ordinance may, with the approval of the Secretary of State, be granted to any person without payment of the sum of one hundred pounds as aforesaid.
3. The Governor in Council may from time to time make regulations-
(a) for fixing the terms and conditions on which Whaling Licences may
granted;
be
The G›v- ernor in Council
may make
(b) for regulating the number of Whaling Licences to be granted in any year; regu- (c) for defining the limits within which any holder of a Whaling Licence lations.
shall be allowed to take whales;
(d) for regulating the number of whales to be taken in any year by any holder
of a Whaling Licence;
(e) for disposing by sale or otherwise of any whales, whale-oil, or whale-bone
forfeited under the provisions of this Ordinance; and
(f) generally for carrying out the provisions of this Ordinance, and the intent
and object thereof.
And the Governor in Council may impose penalties not exceeding ten pounds for
the breach of such regulations.
4.
to be pub
All regulations made in pursuance of this Ordinance shall be published in Regulations the Gazette, and shall come into force on such day as the Governor may direct by lished in the notice in that behalf published in the Gazette.
Gazette,
or master
5. Any owner or master or other person in charge of any vessel who shall Liability of permit such vessel, or any boat or canoe belonging to such vessel, to be employed in an owner killing or taking whales, or who shall permit or negligently suffer any person belong of a vessel ing to such vessel to be employed in killing or taking whales, in Colonial Waters, without a licence under this Ordinance, or contrary to the terms of, or beyond the limits specified in, any licence granted to him under this Ordinance, shall forfeit any whales so killed or taken, and any whale-oil or whale-bone found in his possession, and in addition thereto shall be liable to a penalty not exceeding three hundred pounds for each offence.
6. Any person who does any of the following acts shall be guilty of an offence Offences against this Ordinance, and shall be liable on conviction to a penalty not exceeding and penal- one hundred pounds for each such offence, and to forfeit any whales, whale-oil or forfeitures whale-bone found in his possession :-
ties and
consequen
(a) Kills, takes, or hunts, or attempts to kill or take any whale without a licence under this Ordinance, or contrary to the terms of, or beyond the limits specified in, any licence granted to him under this Ordinance. (b) Has in his possession, or in any vessel under his command, any whale-oil or whale-bone for the lawful possession of which he cannot account satisfactorily.
thereon.
1
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
22 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Unlawful to
take whale-
without
licence.
FALKLAND ISLANDS.
AN ORDINANce to Regulate the WhalE FISHERY OF THE COLONY OF THE FALKLAND ISLANDS.
No. 5, 1908.
BE IT ENACTED by the Governor of the Colony of the Falkland Islands, with the advice and consent of the Legislative Council thereof, as follows :—
1.
It shall be not lawful for any person to kill, take, or hunt, or attempt to kill or take any whale in Colonial Waters unless he shall first have been duly licensed.
2.---(1.) The Colonial Secretary, or such other officer as the Governor may appoint of Whaling for the purpose, may grant Whaling Licences, that is to say, licences to take whales, to such persons as may apply for them, for such periods, and on such terms and condi - tions in respect of the number and tonnage of vessels to be employed in taking whales. and the limits of the Colonial Waters within which whales may be taken, under
Granting
Licences.
cution of 7. Offences under this Ordinance, or under any regulation made thereunder, Prose-
offences. may be prosecuted, and penalties and forfeitures under this Ordinance, or any regulations thereunder, may be recovered before a Stipendiary Magistrate or any two Justices of the Peace in a summary manner, or by action in the Supreme Court of the Colony, together with full costs of suit: provided that any penalty imposed by a Stipendiary Magistrate or two Justices of the Peace shall not exceed one hundred pounds, exclusive of costs.
8. For all purposes of and incidental to the trial and punishment of any person Venus. accused of any offence under this Ordinance, and the proceedings and matters prelimi- nary and incidental to and consequential on his trial and punishment, and for all purposes of and incidental to the jurisdiction of any Court, or of any Constable or Officer with reference to such offence, the offence shall be deemed to have been com- mitted either in the place in which it was actually committed or in any place in which the offender may for the time being be found.
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