Naval Defence Act 1908
Naval Defence Act 1908
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Naval Defence Act 1908
Naval Defence Act 1908
Public Act |
1908 No 128 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to the Payment by New Zealand of a Proportional Part of the Cost of the Establishment and Maintenance of an Additional Naval Force to be employed in Australian and New Zealand Waters.
WHEREAS the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, and the Governments of the Commonwealth of Australia and of New Zealand, having recognised the importance of sea power in the control that it gives over sea communications, the necessity of a single navy under one authority (by which alone concerted action can be assured), and the advantages that will be derived from developing the sea power of Australia and New Zealand, have concluded, with the ratification and approval of the Parliaments of the said Commonwealth and of New Zealand, an agreement for the establishment and maintenance of an additional naval force for that purpose, which agreement is set forth in the Second Schedule hereto: And whereas, pursuant to the provisions in that behalf contained in Article II of the said agreement, the limits of the Australia, China, and East Indies stations, as defined in the schedule to that agreement, have been altered by substituting therefor the stations as named and defined in the Third Schedule to this Act: And whereas, in order to give effect to the said agreement, and to make provision for the payment by New Zealand of that Dominion’s share of the cost of such additional force, we, your Majesty’s dutiful and loyal subjects, the House of Representatives in Parliament assembled, have resolved to grant to your Majesty the sum hereinafter mentioned, and for the purposes hereinafter expressed, and do therefore most humbly beseech your Majesty that it may be enacted: And be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Naval Defence Act, 1908.”
Enactments consolidated.
(2.)
This Act is a consolidation of the enactments mentioned in the First Schedule hereto.
2 Agreement for maintenance of naval force.
1903, No. 50, sec. 2
With respect to the said agreement (which was ratified and approved by “The Australian and New Zealand Naval Defence Act, 1903,”
and, with the alterations above referred to, is now in force) the following provisions shall apply:—
Appropriation of annual contribution. Ibid, sec. 3
(a.)
In each year during which the said agreement is in force and the service therein mentioned is rendered there shall be issued and paid to His Majesty, out of the Consolidated Fund, for the purposes of the said agreement, a sum equal to one-twelfth part of the annual cost referred to in Article VIII of the said agreement, provided that the sum payable under this Act shall not in any one year exceed the sum of forty thousand pounds; and the Consolidated Fund is to that extent hereby appropriated accordingly.
(b.)
The appropriation under the last-mentioned Act shall continue in force until the appropriation under this Act becomes available.
3 Power to alter said agreement in certain matters.
1905, No. 41, sec. 2
(1.)
It shall be lawful for the parties to the said agreement from time to time to alter any of the articles thereof in such manner as all the said parties by supplementary agreement in writing think fit:
Provided that no such supplementary agreement shall have effect to reduce the strength of the naval force mentioned in Article I, or to increase the yearly sum payable by New Zealand as mentioned in Article VIII of the said agreement.
Copy of supplementary agreement to be laid before Parliament. Ibid, sec. 3
(2.)
A copy of every such supplementary agreement shall, within ten days after the making thereof, be laid before Parliament if sitting, or if not, then within ten days after the commencement of the next ensuing session.
Savings.
(3.)
Every such supplementary agreement made under any of the enactments mentioned in the First Schedule hereto, and in force on the coming into operation of this Act, shall be deemed to have been made under this Act, and the aforesaid appropriations shall apply thereto accordingly.
SCHEDULES
FIRST SCHEDULE ENACTMENTS CONSOLIDATED.
1903, No. 50.—“The Australian and New Zealand Naval Defence Act, 1903.”
1905, No. 41.—“The Australian and New Zealand Naval Defence Act, 1905.”
SECOND SCHEDULE. AGREEMENT BETWEEN HIS MAJESTY’S GOVERNMENT OF THE UNITED KING DOM, THE COMMONWEALTH OF AUSTRALIA, AND THE DOMINION OF NEW ZEALAND.
1903, No. 50.Schedule.
THE Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, &c., and the Governments of the Common-wealth of Australia and of New Zealand, having recognised the importance of sea power in the control which it gives over sea communications, the necessity of a single navy under one authority (by which alone concerted action can be assured) and the advantages that will be derived from developing the sea power of Australis and New Zealand, have resolved to conclude for this purpose an agreement as follows:—
ARTICLE I.
The naval force on the Australian Station shall consist of not less than the undermentioned sea-going ships of war, all of which shall be from time to time throughout the terms of this agreement of modern type, except those used as drillships:—
1
armoured cruiser, first class;
2
second-class cruisers;
4
third-class cruisers;
4
sloops;
and of a Royal Naval Reserve consisting of 25 officers and 700 seamen and stokers.
ARTICLE II.
The base of this force shall be the ports of Australia and New Zealand, and their sphere of operations shall be the waters of the Australia, China, and East Indies Stations, as defined in the attached schedules, where the Admiralty believe they can most effectively act against hostile vessels which threaten the trade or interests of Australia and New Zealand. No change in this arrangement shall be made without the consent of the Governments of the Commonwealth and of New Zealand; and nothing in the agreement shall be taken to mean that the naval force herein named shall be the only force used in Australasian waters should the necessity arise for a larger force.
ARTICLE III.
This force shall be under the control and orders of the Naval Commander-in-Chief for the time being appointed to command His Majesty’s ships and vessels on the Australian Station.
ARTICLE IV.
Of the ships referred to in Article I, one shall be kept in reserve, and three shall be only partly manned, and shall be used as drill-ships for training the Royal Naval Reserve; the remainder shall be kept in commission, fully manned.
ARTICLE V.
The three vessels used as drill-ships and one other vessel shall be manned by Australians and New-Zealanders as far as procurable, paid at special rates, and enrolled in proportion to the relative population of the Commonwealth and New Zealand. If a sufficient proportion of men from either colony should not, on the aforesaid basis, be forthcoming, a sufficient number of men to complete the complements of the ships may be enrolled from the other colony.
They shall be officered by officers of the Royal Navy, supplemented by officers of the Royal Naval Reserve.
ARTICLE VI.
In order to insure that the Naval Service shall include officers born in Australia and New Zealand, who will be able to rise to the highest post in the Royal Navy, the undermentioned nominations for naval cadetships will be given annually:—
| Commonwealth of Australia | 8 |
| New Zealand | 2 |
ARTICLE VII.
The branches of the Royal Naval Reserve established in Australia and New Zealand shall be called into actual service by His Majesty in Council, acting on the advice of his Governments of the Commonwealth of Australia and New Zealand respectively.
The men forming the Royal Naval Reserve shall be divided into two classes:—
(a.)
Those who have served for three years on board one of H.M. ships:
(b.)
Those who have not so served.
These men shall be trained on ships specially provided for the purpose.
The officers of this reserve force shall be included on the list of officers of the Royal Naval Reserve.
ARTICLE VIII.
In consideration of the service aforementioned the Commonwealth of Australia and New Zealand shall pay the Imperial Government live-twelfths and one-twelfth respectively of the total annual cost of maintaining the naval force on the Australian Station, provided that the total amount so paid shall in no case exceed £200,000 and £40,000 respectively in any one year. In reckoning the total annual cost a sum equal to 5 per cent, on the prime cost of the ships of which the naval force of the station is composed shall be included.
ARTICLE IX.
The Imperial Government recognise the advantages to be derived from making Australasia a base for coal and supplies for the squadrons in Eastern waters.
ARTICLE X.
1
This agreement shall be considered to become actually binding between the Imperial Government and the Commonwealth of Australia and New Zealand so soon as the Colonial Legislatures shall have passed special appropriations for the terms hereinafter mentioned, to which Acts this agreement shall be attached as a First Schedule.
The agreement shall be for a period of ten years, and only terminate if and provided notice has been given two years previously—viz., at the end of the eighth year, or at the end of any subsequent year, and then two years after such date.
ARTICLE XI.
1
The payments named in Article VIII shall be considered as payments in advance, and shall first become due and payable six months after the Colonial Legislature shall have passed the special appropriation referred to in Article X.
2
The period of ten years referred to in Article X is to be calculated from the date on which the Colonial Legislature passes the special appropriation referred to.
3
The payments under the existing agreement and that agreement itself shall terminate on the date on which the payments under the new agreement commence.
4
The share of these payments due from each colony shall be paid annually in London by the High Commissioner of the Commonwealth and the Agent-General of New Zealand, and, pending the appointment of the first-named officer, by such person as the Government of the Commonwealth may nominate, to such account as the Lords Commissioners of the Admiralty may direct.
ARTICLE XII.
In time of peace one of the drill-ships referred to in Article IV and one other cruiser shall be stationed in the waters of New Zealand and its dependencies as their headquarters. Should, however, such emergency arise as may, in the opinion of the Naval Commander-in-Chief, render it necessary to remove either or both of such ships, he shall inform the Governor of the reasons for such temporary removal.
SCHEDULE TO AGREEMENT.
LIMITS OF AUSTRALIA STATION.
The Australia Station, as referred to in Article II of the foregoing agreement, is bounded—
North. —On the north from the meridian of 95° east by the parallel of the 10th degree of south latitude to 130° east longitude; thence northward on that meridian to the parallel of 2° north latitude; and thence on that parallel to the meridian of 136° east longitude; thence north to 12° north latitude, and along that parallel to 160° west longitude; thence south to the Equator; thence east to the meridian of 149° 30’ west longitude.
West.—On the west by the meridian of 95° east longitude.
South.—On the south by the Antarctic Circle.
East.—On the east by the meridian of 149° 30’ west longitude.
LIMITS OF THE CHINA STATION.
The China Station, as referred to in Article II of the foregoing agreement, is bounded—
North.—On the north from the meridian of 93° of east longitude in 10° north latitude, along that parallel to the west coast of the Malay Peninsula; thence by the shores of Asia as far as the meridian of 180°.
West.—On the west from the latitude of 10° north by the meridian of 95° east longitude to 10° of south latitude.
South.—On the south from the meridian of 95° east longitude by the parallel of 10° south latitude to 130° east longitude; thence north to 2° north latitude, and along that parallel to 136° east longitude; thence north to 12° north latitude, and along that parallel to the meridian of 180°.
East.—On the east by the meridian of 180° from 12° north latitude to the point where the meridian reaches the shores of Asia.
LIMITS OF East INDIES STATION.
The East Indies Station, as referred to in Article II of the foregoing agreement, is bounded—
North.—On the north by the southern shores of Asia, including the Persian Gulf, from an imaginary line drawn from Jebel Sejan, on the African Coast, to Cape Bab-el-Mandeb, on the Arabian Coast, to where the 10th parallel of north latitude touches the west coast of the Malay Peninsula.
East.—On the east by the meridian of 93° east longitude between the parallels of 10° north and 26° south latitude.
South.—On the south by the 10th parallel of north latitude between the coast of the Malay Peninsula and the 95th meridian of east longitude, and by the parallel of 26° south latitude between the 95th and 42nd meridians of east longitude.
West.—On the west by the 42nd meridian of east longitude between the parallels of 26° and 10° south latitude, by the 43rd meridian between the parallel of 10° south and the Equator, and by the east coast of Africa between the Equator and Jebel Sejan.
THIRD SCHEDULE. ALTERED STATIONS.
Journals, Home of Representatives, A.-2, 1904, page 13.
THE Australia Station is bounded —North: From 95° east longitude by the parallel of 130° south latitude to 120° east longitude; thence north-eastward to 8° south latitude on the meridian of 130° east longitude; thence north to 2° north latitude and along that parallel to 136° east longitude; thence north to 12° north latitude and along that parallel to 160° west longitude; thence south to the Equator; thence east to the meridian of 149° 30’ west longitude. South: By the Antarctic Circle. East: By the meridian of 149° 30’ west longitude. West: By the meridian of 95° east longitude.
The China Station is bounded—North: From the meridian of 95° east longitude in the latitude of 10° north along this parallel to the west coast of the Malay Peninsula; thence by the shores of Asia as far as the meridian of 180°. West; From the latitude of 10° north by the meridian of 95° east longitude to latitude 13° south. South: From the meridian of 95° east longitude by the parallel of 13° south latitude to 120”east longitude; thence north-eastward to 8° south latitude on the meridian of 130° east longitude; thence north to 2° north latitude and along that parallel to 136° east longitude; thence north to 12° north latitude and along that parallel to the meridian of 180°. East: By the meridian of 180° from 12° north latitude to the point where the meridian reaches the shores of Asia.
The Cape of Good Hope Station is bounded—North: In the Indian Ocean by the Equator, between the coast of Africa and the meridian of 70° east longitude and by the parallel of 10° south latitude between the meridians of 70° and 95° east longitude; in the Atlantic by the parallel of the Cunene River about 17° 15’ south latitude between the coast of Africa and the meridian of Greenwich, and by the parallel of 15° south latitude between the meridians of Greenwich and of 15° west longitude. East: By the meridian of 70° east longitude between the Equator and the parallel of 10° south latitude and by the meridian of 95° east longitude. South: By the Antarctic Circle. West: By the meridian of 15° west longitude.
The East Indies Station is bounded—North: By the south shores of Asia (including the Persian Gulf) from an imaginary line drawn from Ras Siyan on the African coast to Cape Bab-el-Mandeb on the Arabian coast, to where the parallel of 10° north latitude touches the west coast of the Malay Peninsula. East: By the meridian of 95° east longitude, between the parallels of 10° north and 10° south latitude. South: By the parallel of 10° north latitude between the coast of the Malay Peninsula and the meridian of 95° east longitude, and by the parallel of 10° south latitude between the meridians of 70° and 95° east longitude and by the Equator between the meridian of 70° east longitude and the African coast. West: By the meridian of 70° east longitude between the parallel of 10° south and the Equator, and the coast of Africa from the Equator to Ras Siyan.
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Naval Defence Act 1908
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