The President, River Murray Commission:

The President of the River Murray Commission has asked for advice as to what should be the legal basis for a toll imposed upon vessels passing through locks, constructed under the River Murray Act and Agreement.

Tolls are authorised by section 15 to be prescribed by the Commission and imposed by the authority having charge of a lock in respect of vessels passing through that lock. It appears that different rates may be prescribed for different locks. Liability would fall upon the respective owners of the vessels (carrying freight) using a lock.

Section 17 fixes a maximum rate of toll upon a ton-mile basis.

Although the Act authorises the imposition of tolls upon freight only, an amendment of the Act, imposing tolls upon passenger traffic also, would not be inconsistent with the Agreement.

Section 16 prohibits the imposition of tolls in respect of waters the navigability of which is not substantially improved by the works.

The maximum allowed by section 17 is 6d per ton for every hundred miles or part of a hundred miles for which freight is consigned or carried. Distances in excess of one hundred miles or any multiple of a hundred are not chargeable unless they exceed twenty-five miles.

The Act fixes the maximum tolls in terms of: (1) the tonnage of freight; and (2) the distance over which the freight is carried in improved waters.

In my opinion, the meaning of the Act is that on a given journey the aggregate of the tolls charged at all the locks in respect of any particular freight shall not exceed the maximum specified for the distance.

Assuming that the waters, the navigability of which is substantially improved by the Blanchetown lock, are less in distance that one hundred miles, the maximum toll which may be prescribed is 6d per ton on all freight passing through that lock, but the tolls charged at Blanchetown may require modification when other locks are completed.

[Vol. 18, p. 99]