Western Australian Current Acts Western Australian Current Acts (1) A port authority
has all the powers it needs to perform its functions under this Act or any
other written law.
(2) A port authority
may for the purpose of performing a function mentioned in subsection (1)
—
(a)
subject to Part 3, acquire, hold and dispose of real or personal property; and
(b)
manage, improve and develop real or personal property vested in it or acquired
by it or arrange for property to be managed, improved or developed; and
(c)
carry out port works or arrange for port works to be carried out; and
(d)
provide, manage and operate port facilities or arrange for port facilities to
be provided, managed and operated; and
(e)
provide port services or arrange for port services to be provided; and
(f)
enter into any contract or arrangement including a contract or arrangement
with any person for the performance of the function by that person on behalf
of the port authority; and
(g)
apply for the grant of any licence or other authority required by the port
authority; and
(h)
acquire, establish and operate —
(i)
any undertaking necessary or convenient for the
performance of the function; and
(ii)
any associated undertaking;
and
(i)
produce and deal in any equipment, facilities or system
associated with, the performance of the function; and
(j)
appoint agents or engage persons under contracts for services to provide
professional, technical or other assistance to the port authority; and
(k)
participate in any business arrangement and acquire, hold and dispose of
shares, units or other interests in, or relating to, a business arrangement;
and
(l)
carry out any investigation, survey, exploration or feasibility study; and
(m)
collaborate in, carry out, or procure the carrying out of, research and
publish information that results from the research; and
(n)
develop and turn to account any technology, software or other intellectual
property that relates to the function and, for that purpose, apply for, hold,
exploit and dispose of any patent, patent rights, copyright or similar rights;
and
(o)
issue licences and administer licensing schemes for activities and things in
accordance with the regulations; and
(p)
promote and market the port authority and its activities.
(3) Subsection (2)
does not limit subsection (1) or the other powers of a port authority under
this Act or any other written law.
(3A) Subsections (1)
and (2) have effect subject to the GTE Act.
(4) A port authority
must get the Minister’s approval before it issues a licence giving a
person an exclusive right to provide port services of a particular kind.
(5) The Minister is
not to give approval under subsection (4) unless the Minister considers that
the public benefits of exclusivity exceed the public costs and on providing
such approval, the Minister must table in Parliament within 14 days, full
reasons for his decision to grant an exclusive licence.
(6) In —
(a)
entering into or negotiating a contract or arrangement for the purposes of
subsection (2)(b) to (f); or
(b)
issuing, or dealing with an application for, a licence authorising the holder
to provide port services,
a port authority must
not —
(c)
impose, or purport to impose, an obligation on any person; or
(d) seek
an undertaking from any person,
as to the method by
which, or manner in which, the person’s employees are to be employed
other than an obligation or undertaking that the method or manner be lawful.
(7) A port authority
may —
(a) make
gifts for charitable purposes or for other purposes of benefit to the
community or a section of the community;
(b) make
any ex gratia payment that the board considers to be in the port
authority’s interest;
(c)
accept any gift, devise or bequest if it is absolute, or subject to conditions
that are within the functions of the port authority.
(8) For the purposes
of port works and port facilities, a port authority is a local authority
within the meaning of the Public Works Act 1902 .
(9A) Subject to the
Environmental Protection Act 1986 , port operations may take place on any day
and at any time.
(9) In this section
—
business arrangement means a company, a
partnership, a trust, a joint venture, or an arrangement for sharing profits;
participate includes form, promote, establish,
enter, manage, dissolve, wind up, and do things incidental to participating in
a business arrangement;
port activities means —
(a) the
movement, mooring, hauling out, maintenance and launching of vessels; and
(b) the
movement of, and provision of services to, passengers of vessels; and
(c) the
movement, handling and storage of goods;
port services means —
(a)
carrying out port activities; and
(b)
dredging, engineering, marine civil construction, pollution management,
security, pilotage, towage, vessel movement control, emergency response, shore
stabilization and waste management services; and
(c)
supplying provisions or equipment to vessels; and
(d)
supplying water, fuel or electricity; and
(e)
providing for the use or hire of port facilities; and
(f)
providing labour for any purpose; and
(g) any
other services prescribed by regulation for the purposes of this definition;
port works means works for port purposes and
includes —
(a)
designing, constructing, extending, maintaining, removing or demolishing
—
(i)
maritime structures and other buildings, structures and
enclosures; and
(ii)
railways, roads, bridges, dams and embankments;
and
(b)
reclaiming land from the sea or a river.
[Section 35 amended: No. 9 of 2014 s. 16; No. 13
of 2023 s. 232.]