Western Australian Current Acts Western Australian Current Acts[s. 139(2)]
1. The control,
duties, supervision and guidance of the CEO and members of staff of a port
authority.
2. The control or
prohibition of —
(a)
entry into or presence in a port or any specified part or parts of a port by
or of a person or class of persons or by or of a thing or class of things; or
(b)
doing or omitting to do a thing or class of things in a port or any specified
part or parts of a port.
3. All matters
relating to the protection of life and property and safe navigation in a port.
4. The use of tide
signals and other signals in a port.
5. Prevention of
overloading or overcrowding of vessels.
6. The powers, duties
and obligations of the harbour master of a port in respect of the matters
referred to in item 5 and the rights and liabilities of persons affected by
the exercise of such a power or connected with a vessel in respect of which
such a power is exercised.
7. (1) The landing,
shipping, trans-shipping, unshipping, warehousing, stowing, depositing,
removal or keeping of dangerous goods as defined by the
Dangerous Goods Safety Act 2004 and of such other substances as the Minister
may specify as being dangerous goods for the purposes of the regulations.
(2) The landing,
shipping, trans-shipping, unshipping, warehousing, stowing, depositing,
removal or keeping of goods other than those substances referred to in subitem
(1).
8. The movement,
mooring, loading and unloading of vessels.
9. The control of the
provision, at or in relation to a port, of —
(a)
pilotage services; or
(b)
towage services; or
(c)
stevedoring services; or
(d) port
services of any other kind.
10. The taking on and
landing of passengers.
11. The taking in,
management and discharge or delivery of ballast.
12. The use, cleaning,
repair, maintenance and effective preservation of jetties and wharf loading
areas.
13. Traffic in a port.
14. The powers of a
port authority to —
(a)
move; or
(b)
remove from the port,
vehicles or other
things that are obstructing, or may obstruct, traffic in the port.
15. Parking of
vehicles in a port.
16. The powers of a
port authority to deal with or sell or otherwise dispose of goods that have
remained in the port for longer than a prescribed period or are affecting or
may affect any property of the port authority or any other goods in the port,
and —
(a) the
liability of persons for any charges imposed or expenses incurred by the port
authority in the exercise of its powers under regulations made under this
item; and
(b) the
manner in which the proceeds of goods sold by a port authority under its
powers under regulations made under this item may be applied.
17. Regulation of the
duties and conduct of persons in a port.
18. The control and
management of ferries operating for hire at jetties or public thoroughfares.
19. The control of the
operation of vessels operating for hire either for goods or passengers in a
port.
20. The control of the
operation of machinery on jetties and wharf loading areas.
21. The conduct of
persons operating vessels or machinery referred to in item 19 or 20.
22. The control of the
installation and use of moorings.
23. The calculation or
ascertainment of port charges and the powers of a collector of port charges,
either alone or with other persons, to enter a vessel in order to calculate or
ascertain the port charges payable in respect of the vessel or of goods on the
vessel.
24. To require the
master of every vessel to give notice of arrival at a port within a specified
time before arrival.
25. To require the
master of every vessel to produce the certificate of registry or other
national papers of that vessel to a collector of port charges or to any other
member of staff on demand.
26. To require the
master of a vessel to give documentation or information in such form as may be
required by a port authority of all goods to be loaded or unloaded on to or
from the vessel at the port.
27. To require the
master of a vessel to obtain permission to load or unload goods at a port
before doing so.
28. To require the
shippers of goods to furnish information as to the goods intended to be
shipped.
29. To give binding
effect to —
(a)
descriptions of and statements about goods (including as to value) in bills of
lading, manifests or receipts; and
(b) the
terms and conditions of bills of lading, manifests or receipts.
30. Pilotage matters
generally and, in particular —
(a)
procedures for and matters relating to the approval of persons as pilots for a
port; and
(b)
vessels that do not have to have an approved pilot; and
(c)
procedures for and matters relating to pilotage exemption certificates.
31. The speed of
vessels in a port.
32. The recovery of
expenses incurred by a port authority in exercising powers under the
regulations.
33. Limitation of the
liability of a port authority for damage or loss either generally or in
circumstances specified in the regulations.
34. Exemption of a
port authority from liability for damage or loss in circumstances specified in
the regulations.
35. Limitation of the
time for making a claim against a port authority for loss or damage.
36. Conditions to be
inserted in a lease granted under this Act.
37. The powers of
members of staff and police officers in relation to persons who are committing
or have committed or are believed to be committing, or to have committed,
offences under this Act.
38. The deposit of
litter, rubbish or waste substances of any kind and the abandonment or neglect
of vessels or other material —
(a) in a
port; or
(b)
outside a port so as to affect or potentially affect, a port.
39. The protection of port facilities or other
property of a port authority.
40. Liability for loss
or damage occurring because of obstruction of or interference with the
operation of a navigational aid.
41. The protection of
the environment of a port.
42. Any other matters
relating to —
(a) the
convenience of shipping, or of operations to do with the storage, loading or
unloading of cargo, or of the public, in a port; or
(b) the
performance of the functions imposed on a port authority by this Act.
[Schedule 7 amended: No. 71 of 2003 s. 9; No. 7 of
2004 s. 70.]