Western Australian Current Acts

PORT AUTHORITIES ACT 1999

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   3A.     Relationship to GTE Act

   PART 2 -- Port authorities: establishment and administration

           Division 1 -- Establishment of port authorities  

   4.      Port authorities, establishment, nature and trading names of
            
   5.      Port authorities not to be regarded as agents of Crown for purposes of State laws
            
   6.      Port authorities and officers not part of public sector

           Division 2 -- Community consultation committees  

   14A.    Community consultation committees

           Division 3 -- Staff  

   16.     Staff
            
   17.     Minimum standards for staff management
            
   18.     Reports to Public Sector Commissioner as to s. 17 standards
            
   19.     Superannuation

           Division 4 -- Conduct and integrity of staff  

   21.     Codes of conduct
            
   22.     Reports to Public Sector Commissioner as to s. 21 codes
            
   23.     Reports to Minister as to s. 21 codes

   PART 3 -- Port areas and property of port authorities  

   24.     Port areas defined
            
   25.     Port authority, property vested in
            
   26.     Port property may be taken back by Crown
            
   27.     Power to sell land, restrictions on
            
   27A.    Land, creating interests in
            
   28.     Vested land, creating and dealing with interests in
            
   29A.    Operation of Planning and Development Act 2005 section 136 modified
            
   29.     Disputes between port authority and Crown

   PART 4 -- Functions and powers  

   30.     Functions
            
   31.     Relationship to Environmental Protection Act 1986
            
   32.     Port authority has control of port
            
   35.     Powers generally
            
   36.     Port facilities and services, extended powers as to
            
   37.     Fees and charges, power to levy
            
   38.     Planning laws, application of to port authorities
            
   44.     Delegation by port authority
            
   92.     Annual financial targets, Minister may set

   PART 7 -- Navigation and port matters

           Division 1 -- Navigational aids  

   93.     Port authority may provide etc. navigational aids etc.
            
   94.     Interference with navigational aids, offence

           Division 2 -- Pilotage  

   95.     Terms used in, and application of, this Division
            
   96.     Port authority to approve pilots and ensure pilotage services are provided
            
   97.     Pilotage compulsory in ports
            
   98.     Pilot under authority of master
            
   99.     Liability of owner or master of piloted vessel
            
   100.    Immunity from liability for negligent provision of pilotage services

           Division 3 -- Harbour masters  

   101.    Port includes other declared areas
            
   102.    Appointment of harbour master and deputy harbour master etc.
            
   103.    Functions of harbour master
            
   104.    Directions to masters etc.
            
   105.    Directions as to dangerous things
            
   106.    Limit on power to order removal of vessels or dangerous things
            
   107.    Ownerless vessels and dangerous things, removal of
            
   108.    Not obeying s. 104 or 106 direction, offence
            
   109.    Powers if direction not obeyed
            
   110.    Recovering port authority’s s. 107 costs
            
   111.    Immunity from liability for acts under this Division
            
   112.    Hindering harbour master etc., offence

           Division 4 -- Damage in a port caused by vessels etc.  

   113.    Responsibility for damage to port facilities or property

           Division 5 -- Port safety  

   114.    Marine safety plan, port authority to have

           Division 6 -- Powers of police officers and others  

   114A.   Police officers and others may enter vessels and conduct examinations and enquiries

           Division 7 -- Protection from liability  

   114B.   Immunity from liability for damage to vessels
            
   114C.   Immunity from liability for damaged goods
            
   114D.   Immunity from liability for delay in delivery of goods
            
   114EA.  Immunity from liability for acts or omissions of port users
            
   114E.   Immunity from liability for certain events and actions

   PART 8 -- Port charges  

   115.    Term used: port charges; application of this Part
            
   116.    Liability to pay port charges in respect of vessels
            
   117.    Liability to pay port charges in respect of goods
            
   118.    Recovery of port charges by port authority
            
   119.    Collectors of port charges

   PART 9 -- Proceedings for offences

           Division 1 -- General  

   120.    Who can commence prosecutions
            
   121.    Time limit for prosecutions
            
   122.    Averment as to place of offence

           Division 2 -- Infringement notices  

   123.    Terms used
            
   124.    Giving of notice
            
   125.    Content of notice
            
   126.    Extending time for paying modified penalty
            
   127.    Withdrawing notice
            
   128.    Benefit of paying modified penalty
            
   129.    Application of penalties collected
            
   130.    Authorised persons, appointment of

   PART 10 -- Miscellaneous  

   131.    Hindering, offence
            
   132.    Individual port authorities, provisions for (Sch. 6)
            
   133.    Laying documents before Parliament not sitting
            
   136.    Overdue amounts, interest on
            
   137.    Recovery of expenses due to offence
            
   138.    Government Agreements Act 1979 not affected
            
   139A.   Transitional provisions

   PART 11 -- Regulations  

   139.     General power to make regulations
            
   140.     Offences against regulations
            
   141.     Adoption of other laws, codes etc.
            
   142.    References to other approvals or decisions
            
   143.    Licensing, provisions as to
           SCHEDULE 1 -- Port authorities and ports
           SCHEDULE 6 -- Provisions for Pilbara Ports Authority
           SCHEDULE 7 -- Purposes for which, or matters about which, regulations may be made
           SCHEDULE 8 -- Transitional provisions
           SCHEDULE 9 -- Placing additional ports under a port authority’s control and management