POLLUTING A HARBOUR.

Wairarapa Age, Volume XXXII, Issue 10233, 9 May 1911, Page 5

POLLUTING A HARBOUR.

AN IMPORTANT CASE .

(By Telegraph—Press Association.)

DARGAVILLE, Last Night,

Some time ago an important case was heard here by Mr Scott-Smith, S.M., in which the harbour-master proceeded against Jas. Condon, municipal contractor, for polluting the harbour by depositing night soil therein, contrary to regulation 15 of the General Harbotir Regulations made by order in Council on June sth, 1883, pursuant to the powers vested in the Government by the .Harbours Act, 1878.

The defendant admitted depositing three pans of nighteoil over +he ( Mangawhare Bridge into the Kaihu creek, because'they were leaking on to the road, but counsel (Mr J. N. Hayes) contended that this was no offence under the Act. He submitted that Regulation 15. under which the information was laid, was ultra vires, inasmuch a.s it did not come within tfee scope of the purposes for which the Governor in Council is empowered to make'regulations bv section 212 of the Harbours Act, 1878. Mr Scott-Smith's reserved judgment was delivered to-day. He reviewed the facts and concluded as " follows:—In cases where there are no harbour boards, as in the Kaioara Harbour, the Governor in Council shall have all the powers, functions, duties and authorities % the Harbour Act conferred upon the Harbour Boards, and may exercise the same in accordance with the Harbours Act, and such regulations may be made generally in respect of all the harbours. Tam of opinion that section 15 of the General Harbour Regulations, published in the Gazette of June 7th. 1883, and which has not been set aside or repealed, in not ultra vires, nor is it repugnant to the provisions of the Harbours Act or regulations. Accused will be convicted and fined £5 and costs.

Mr A. J. Edmunds appeared for the complainant, and Mr G. N. Hayes for defendant]. It is understood that an appeal will be lodged against this decision. <