The Newcastle Floating Dock.
| Having a lifting capacity of 8 t o n s;
(vi) be equipped with mooring chains and anchors sufficient to
moor the dock away from a wharf in such manner as to
permit of the docking of vessels up to 1.3,000 tons displacement.
3. The Minister for Public Works shall use his best endeavours to
complete the construction and equipment of the said dock within a
period of three years from the date of this Agreement.
4. Except as provided in clause 5 of this Agreement the dock shall
at all times be located at Walsh Island Dockyard and be under the
control and management of the Minister for Public Works.
5. In times of international emergency (of which the Minister for
Defence shall be the sole judge) or of war or on the stranding of a
warship of the Commonwealth or another similar event the Commonwealth
may by notice in writing signed by or on behalf of the Minister
for Defence to the Minister for Public Works take over immediately
the absolute control and management of the dock and may move it to
such place or places in or out of the Commonwealth as the Minister for
Defence may from time to time think fit. Immediately upon such
notice being given the State shall take all such steps as may be
necessary to facilitate the taking over of the said dock by the Commonwealth
at Walsh Island.
G. At all times while the dock is under the control and management
of the Minister for Public Works he shall at the expense of the State
of New South Wales maintain the said dock and equipment in good
order and condition so as to be always ready for the purpose of docking
and repair of vessels.
7. (1) At all times while the dock is under the absolute control and
management of the Minister for Defence as provided in clause 5 of this
Agreement the expense of maintenance of the dock and equipment
shall be borne by the said Minister for Defence.
(2) When no longer required by the Minister for Defence the
dock stall be returned by him to Walsh Island Dockyard and delivered
back to the Minister for Public Works in as good condition as when
the absolute control and management of the dock were taken over by
the Minister tor Defence fair wear and tear excepted, such fair wear
and tear to be taken as not including damage incurred by any act
(3) In the event of the total loss of the said dock whilst under
the absolute control and management of the Minister for Defence he
shall pay to the Minister for Public Works in full satisfaction of all
claims (if any) which the said Minister may have against the Minister
for Defence in respect of or arising out of such total loss an amount
equal to the original capital cost of the dock to the New South Wales
Government reduced proportionately by the depreciation which has
taken place up to the time of such loss in the value of the dock.
(4) The amount to be paid by the Minister for Defence to the
Minister for Public Works under the last preceding subclause shall in
default of agreement between the parties be determined by two
arbitrators (one to be appointed by each party) under the laws of the
State relating to arbitration.
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