The following minute from the Director of Navigation has been forwarded to me for advice:

With reference to the question of licensing vessels engaged in trading on the River Murray the Collector South Australia advises that there are a number of barges engaged in trading on that river which are towed by paddle steamers. These barges when travelling carry only helmsmen who form part of the crews of the towing steamers, which steamers will be licensed to engage in the coasting trade. The Collector asks whether the barges towed by the paddle steamers will also need separate licences.

Section 288 of the Navigation Act provides that 'No ship shall engage in the coasting trade unless licensed to do so'.

In the Navigation Act, the term 'Ship' is defined as follows: ' "Ship" includes every vessel used in navigation not ordinarily propelled by oars only'.

The question apparently is as to whether a barge towed by a steamer is a 'vessel used in navigation'.

Submitted that the matter be referred to the Attorney-General's Department for advice.

In section 6 of the Navigation Act 1912-1919 'ship' is defined as including every vessel used in navigation not ordinarily propelled by oars only.

The barges in question are 'not ordinarily propelled by oars only' and the question arises as to whether or not they are used in navigation.

In the Merchant Shipping Act 1854, 'ship' is defined as including every description of vessel used in navigation not propelled by oars. In 1882 it was decided that a hopper barge, with no means of propulsion other than towing, used for the transport of mud and gravel raised in dredging operations, was used in navigation and was a ship within the meaning of the Merchant Shipping Act 1854 (The Mac 7 P.D. 126).

The definition in the Act of 1854 was repeated in that of 1894, and in 1911 the

decision in the case of The Mac was followed, in deciding that a hopper barge, used for dredging purposes, with a rudder but without means of propulsion and, when under way, towed to and from her destination, was a ship within the definition in the later Act and that the owners were entitled to limit their liability under section 503 of that Act (The Mudlark [1911] P. 116).

The barges in question are, in my opinion, used in navigation and therefore are within the definition of 'ship' in section 6 of the Act. The same liability under section 288 will apply to the barges as applies to the towing steamers.

[Vol. 16, p. 492]