Western Australian Current Acts Western Australian Current Acts[s. 132]
[Heading amended: No. 9 of 2014 s. 34(1).]
[Heading amended: No. 9 of 2014 s. 34(2).]
This Division applies
to the Pilbara Ports Authority and the Port of Dampier.
[Clause 1.1 amended: No. 9 of 2014 s. 34(3).]
In this Division
—
Company has the meaning given by the Iron Ore
(Hamersley Range) Agreement;
Dampier Solar Salt Industry Agreement means the
agreement a copy of which is set forth in the First Schedule to the
Dampier Solar Salt Industry Agreement Act 1967 , as that agreement is amended
from time to time;
Iron Ore (Hamersley Range) Agreement means the
agreement a copy of which is set forth in the First Schedule to the
Iron Ore (Hamersley Range) Agreement Act 1963 , as that agreement is amended
from time to time;
Joint Venturers has the meaning given by the North
West Gas Development (Woodside) Agreement;
North West Gas Development (Woodside) Agreement
means the agreement a copy of which is set forth in the Schedule to the
North West Gas Development (Woodside) Agreement Act 1979 , as that agreement
is amended from time to time;
Salt Company means the Company within the meaning
of the Dampier Solar Salt Industry Agreement.
[Clause 1.2 amended: No. 9 of 2014 s. 33(1).]
1.3 . Act does not affect State agreements
This Act does not
prejudice or in any way affect —
(a) any
right or obligation of a party to the Dampier Solar Salt Industry Agreement;
or
(b) any
right or obligation of a party to the Iron Ore (Hamersley Range) Agreement; or
(c) any
right or obligation of a party to the North West Gas Development (Woodside)
Agreement.
[ 1.4-1.7. Deleted: No. 9 of 2014 s. 33(2).]
1.8 . Some property excepted from s. 26(1)
Except with the
consent of the port authority, an order is not to be made under section 26(1)
in respect of any real or personal property —
(a)
which is a facility improved or expanded, or an additional facility provided,
under an agreement with the port authority, the capital cost of which
improvement or expansion or provision has been wholly met by payments made
under that agreement; or
(b)
which has been vested free of cost in the port authority; or
(c)
which has been acquired or constructed by the port authority with moneys
provided,
by the Company, the
Salt Company or the Joint Venturers or any 2 or all 3 of them.
1.9 . Recovery of costs from users, functions
include
The functions of the
port authority include recovering as far as possible, the cost of the
facilities and services provided by the port authority from the users of those
facilities and services.
1.10 . Companies, Joint Venturers and Salt
Company, duties of
(1) Despite anything
in section 30 —
(a) the
Company, for its own requirements under the Iron Ore (Hamersley Range)
Agreement; and
(b) the
Salt Company, for its own requirements under the Dampier Solar Salt Industry
Agreement; and
(c) the
Joint Venturers, for their own requirements under the North West Gas
Development (Woodside) Agreement,
are to maintain and
keep in repair and proper working order all necessary dredged channels,
berthing basins and navigational aids required and used by the Company, the
Salt Company or the Joint Venturers, as the case requires.
(2) Despite anything
in section 30, the port authority may from time to time direct the Salt
Company, the Company or the Joint Venturers or any 2 or all 3 of them —
(a) to
provide, maintain and keep in repair and proper working order all dredged
channels, berthing basins and navigational aids required and used by it or
them in its or their operations under the Dampier Solar Salt Industry
Agreement, the Iron Ore (Hamersley Range) Agreement or the North West Gas
Development (Woodside) Agreement, as the case requires; and
(b) for
the purpose of determining whether or not any dredged channels, berthing
basins and navigational aids referred to in paragraph (a) are being maintained
and kept in repair and proper working order, to provide the port authority at
its or their cost with such information, reports and hydrographic surveys as
are specified in that direction.
(3) The Salt Company,
the Company or the Joint Venturers must, without delay, comply with any
direction given to it or them, as the case requires, by the port authority
under subclause (2).
(4) If the Salt
Company, the Company or the Joint Venturers does not or do not comply with
—
(a)
subclause (1), the port authority is to cause the requisite works to be
undertaken and the cost of those works is to be borne by the person which has
not complied with that subclause; or
(b) a
direction given under subclause (2), the port authority is to cause —
(i)
the requisite work to be undertaken; or
(ii)
the requisite information, reports or hydrographic
surveys to be provided,
and the cost of those
works or the cost of that provision be borne by the person which has not
complied with that direction.
1.11 . Pilotage services, agreements with
Companies etc. as to
Having entered into a
contract or other arrangement with the port authority under section 35(2) for
the provision of pilotage services —
(a) the
Company may for its own requirements under the Iron Ore (Hamersley Range)
Agreement; or
(b) the
Salt Company may for its own requirements under the Dampier Solar Salt
Industry Agreement; or
(c) the
Joint Venturers may for their own requirements under the North West Gas
Development (Woodside) Agreement,
provide its own or
their own pilotage services in the port in accordance with that contract or
arrangement and section 96(7) does not apply in relation to pilotage services
so provided.
Division 2 — Port of Port Hedland
[Heading amended: No. 9 of 2014 s. 34(4).]
This Division applies
to the Pilbara Ports Authority and the Port of Port Hedland.
[Clause 2.1 amended: No. 9 of 2014 s. 34(5).]
[ 2.2. Deleted: No. 9 of 2014 s. 33(3).]
2.3 . Act does not affect State agreements
This Act does not
prejudice or in any way affect —
(a) any
right of the persons entitled to them to receive the payments referred to in
clause 20(1) of the agreement a copy of which is set forth in the Schedule to
the Leslie Solar Salt Industry Agreement Act 1966 , as that agreement is
amended from time to time;
(b) any
right or obligation of a party to the agreement a copy of which is set forth
in the First Schedule to the Iron Ore (Mount Goldsworthy) Agreement Act 1964
, as that agreement is amended from time to time;
(c) any
right or obligation of a party to the agreement a copy of which is set forth
in the First Schedule to the Iron Ore (Mount Newman) Agreement Act 1964 , as
that agreement is amended from time to time.
[ 2.4-2.7. Deleted: No. 9 of 2014 s. 33(3).]
2.8 . Port includes pilotage area for some
purposes
A
reference in Part 7, Divisions 2 and 3 and, where appropriate, in
section 122(1) to the port includes a reference to the pilotage area set out
below:
|
The Pilotage Area |
All that area of the
sea beyond the boundaries of the Port of Port Hedland that is within a radius
of 20 nautical miles, or such greater distance as may be prescribed by
regulations, from the Hunt Point Beacon.