Western Australian Current Acts Western Australian Current Acts (1) Regulations made
under this Act —
(a) may
be general or restricted in their application, and may be limited to any
particular jetty or work;
(b) may
be declared to be applicable and shall then apply to jetties under the control
of any local government, but subject to any local law made under the
Local Government Act 1995 and for the time being in operation;
(c)
shall not, except where subsections (2), (3) and (4) provide otherwise, apply
to jetties forming part of any Government railway or under the control of the
Public Transport Authority of Western Australia established by the
Public Transport Authority Act 2003 section 5;
(d)
except as in this section otherwise provided, shall not, unless made pursuant
to the power defined in section 4(3), (4), (5), (13), (13a), (14), or (15),
apply to private jetties.
[(e) deleted]
(2) Where the
Governor, as he is hereby empowered to do by Order in Council, declares
regulations made under this Act to apply to any jetty referred to in
subsection (1)(c), regulations made under this Act, whether before or after
the coming into operation of the Jetties Act Amendment Act 1957 , shall apply
in respect of the jetty accordingly.
(3) Where a regulation
made before the coming into operation of the Jetties Act Amendment Act 1957 ,
purports to apply to any jetty referred to in subsection (1)(c), if after the
coming into operation of that Act an Order in Council is made under subsection
(2) applying the regulation to the jetty, the Order in Council shall be deemed
to have been effective immediately prior to the making of the regulation, and
anything done in pursuance or purported pursuance of the regulation shall be
deemed to have been validly done and is hereby confirmed.
(4) The Order in
Council published in the Gazette of 14 December 1951, purporting to apply
regulations made under this Act to the public jetty at Port Hedland is hereby
validated and confirmed.
[Section 5 amended: No. 33 of 1957 s. 2; No. 14 of
1996 s. 4; No. 31 of 2003 s. 148; No. 2 of 2019 s. 6.]