Western Australian Current Acts Western Australian Current Acts The Governor may make
regulations for the management, use, maintenance, and preservation of all
jetties, and may by regulations prescribe all such matters as by this Act are
required or permitted to be prescribed or as it may be necessary or convenient
to prescribe for the purposes of this Act, and without prejudice to the
generality of the foregoing provision it is hereby declared that regulations
may provide for —
(1) regulating and
appointing and empowering officers to regulate and appoint the manner, times,
places, and order of mooring and fastening vessels at public jetties, and of
loading, unloading, handling, warehousing, storing, and depositing goods at,
from, or on public jetties or any premises appurtenant thereto or used in
connection therewith;
(1a) relating to the
special precautions and measures to be taken in relation to the landing,
shipping, trans-shipping, deposit, removal and keeping of flammable liquids,
gunpowder and other explosive substances, or other dangerous goods at, on or
from jetties or any premises appurtenant thereto or used in connection
therewith;
(2) regulating and
empowering officers to regulate the landing and embarking of passengers and
the taking in and delivery of ballast at, on, or from public jetties;
(3) the appointment of
persons to preserve order on jetties, the regulation of the traffic thereon,
and prescribing the means of transport to be used thereon;
(4) the regulation of
the use on jetties of cranes and other conveniences belonging to the
Government;
(5) the cleansing,
repair, maintenance, preservation, replacement and removal of jetties;
(6) requiring
consignees, consignors, and others desiring to land or load cargo at any port
to make use of a public jetty when such jetty is available;
(7) imposing on the
master of every vessel moored at any public jetty or in connection with which
a public jetty is made use of an obligation —
(a) to
report his arrival to an officer within a specified time;
(b) to
produce the vessel’s certificate of registry to any officer on demand;
(c) to
give an officer a true and complete copy of the manifest of the cargo or other
complete inventory of all goods intended to be unshipped or landed, together
with the names of the respective consignees thereof;
(d) to
give an officer the prescribed notice of the intended time of unloading;
(8) imposing on
intending shippers of goods from any public jetty an obligation to furnish to
an officer full and true accounts of the goods intended to be shipped;
(9) the imposition,
fixing, levying, collection, and payment of —
(a)
berthing dues;
(b)
wharfage dues;
(c)
handling charges;
(d)
storage charges;
(e)
charges for the use of cranes;
(f)
haulage charges; and
(g)
other charges,
for the use of public
jetties or in respect of goods loaded, carried, or stored on or from any jetty
or on, in, or from any premises appurtenant thereto, or in respect of any
incidental services rendered by the department or any officer;
(10) defining and
limiting the liability of the Government in respect of goods landed,
discharged, deposited, stored, carried, or left on or in any public jetty or
any premises appurtenant thereto or used in connection therewith, or loaded or
shipped by the department from any jetty or any such premises;
(11) exempting the
Government from liability for or in respect of —
(a)
damage to any such goods caused or contributed to by insufficient protection
or packing;
(b)
damage to or loss of any such goods for which no receipt has been given by the
department;
(c)
damage to or loss of any such goods in any case in which no claim in respect
thereof has been made within the prescribed time;
(12) prescribing the
times within which claims must be made against the Government or the
department;
(13) prescribing the
conditions to be inserted in any lease granted under this Act;
(13a) prescribing the
fees to be payable for any licence granted under this Act;
(14) the suspension or
cancellation of licences granted under this Act;
(15) the imposition of
a penalty not exceeding a fine of $12 000 for any contravention, by act or
omission, of any regulation.
[Section 4 amended: No. 30 of 1965 s. 2; No. 5 of
1976 s. 2; No. 12 of 1976 s. 15; No. 35 of 1986 s. 4; No. 2 of 2019 s. 5.]