Western Australian Current Regulations Western Australian Current Regulations In these
by‑laws unless the context otherwise requires —
(1) Ballast includes
any kind of stone, gravel, sand, soil or material commonly used for the
ballasting of vessels.
(2) Berth means a
position alongside any wharf or alongside any vessel fastened to any wharf and
when used as a verb shall have a corresponding meaning.
(3) Boat means every
description of vessel used in navigation not being a ship.
(4) Buoy or Beacon
includes any other port installation (not being a harbour light) placed in aid
of navigation.
(5) Cargo means wares,
merchandise, chattels, livestock, ores, minerals, metals and products thereof
and other articles of whatsoever description (other than mails,
passengers’ baggage and ship’s stores) which may be loaded or
unloaded or intended or able so to be into or from any vessel.
(6) Consignee means
the person to whom any cargo is consigned, and includes the owner of such
cargo, the agent for such owner, the agent for the sale or custody of such
cargo, the holder of any bill of lading or other document representing such
cargo, and any other person having any right, title, or interest to or in such
cargo or the possession thereof.
(7) Consignor means
the person consigning any cargo, and includes the owner, shipper, agent for
the owner or shipper, any other person having right, title or interest to or
in such cargo or the possession thereof.
(8) Due means any due,
rate, fee, toll, tax, pilotage rate, charge or payment in the nature thereof
payable or leviable under or in accordance with these by‑laws and
includes any amount or compensation whatsoever (whether liquidated or
unliquidated) required by any of these by‑laws to be paid or payable
pursuant to any obligation created hereby by a vessel and its master owner and
agent or some or any of them to the Marine Manager or the Company and any
other charge made by the Company under paragraph (f) of
subclause (2) of Clause 10 of the Agreement a copy of which is set
out in the First and Second Schedules to the Act.
(9) Harbour Light
means any port installation which is a light erected in aid of navigation
(including a pile light).
(10) Master includes
every person, not being a pilot or other officer of the Company, lawfully
having the command, charge or management of a ship for the time being, and
includes the owner and/or agent for the owner of such vessel.
(11) Motor Vehicle
means a vehicle of any description drawn or propelled by mechanical power and
includes a bicycle or tricycle so propelled.
(12) Owner when used
in relation to cargo includes any consignor, consignee, shipper, or agent for
the sale or custody, loading or unloading of cargo, and includes also the
holder of any Bill of Lading or other document representing such cargo and
every person having or claiming any right, title or interest therein or
thereto and includes the Crown in right of, and any instrumentality of, the
State.
(13) Owner when used
in relation to a vessel, includes the holder of any share or interest in a
vessel whether beneficially or otherwise, and also the agent for such owner
and includes the Crown in right of, and any instrumentality of, the State.
(14) Port Installation
means any work (whether above or below high water mark and whether outside or
within the port) for the improvement, protection, management, maintenance,
repair or use of the port or any wharf (including without limiting the
generality of the foregoing any buoy beacon harbour light or other aid to
navigation) which is now or hereafter erected constructed or installed on or
in any land held by the Company under any tenure or which is otherwise under
the control of the Company.
(15) Port Service or
Port Facility means any service or (as the case may be) facility now or
hereafter rendered or provided by the Company for or in connection with
vessels using the port, any wharf or any port installation or for or in
connection with the improvement protection, management, maintenance, repair or
use of the port, (including without prejudice to the generality of the
foregoing, pilotage and towage services) whether such service or facility is
rendered or provided above or below high water mark and whether outside or
within the port.
(16) Ship includes
every description of vessel, whether used in navigation, or in any way kept or
used as a hulk or storeship, or for any other purpose and not propelled
exclusively by oars.
(17) Tons or Tonnage
in relation to a British registered vessel means the gross registered tons or
tonnage calculated in accordance with the British measurement of registered
tonnage, and, in relation to any other vessel, means the gross registered tons
or tonnage calculated in accordance with the standard of measurement adopted
by the authority by which the vessel is registered.
(18) Tug means any
vessel employed by the Company within the port or in the vicinity thereof for
towing or moving any vessel.
(19) Unberth means
remove from a berth.
(20) Vessel means any
ship, boat and every other description of vessel used or designed for use for
any purpose on the sea or in navigation and without limiting the generality of
the foregoing, includes any dinghy, lighter, barge, punt, hulk, raft, pontoon,
seaplane, hovercraft or like vessel.
(21) Vessel of War
means a vessel built for combatant service or converted for that purpose and a
tanker conveying fuel oil for such a vessel, provided such vessel is owned or
otherwise directly managed and controlled by the Government of any of Her
Majesty’s Dominions or Colonies or by the Government of any foreign
country which is a party with Her Majesty to any military alliance and is not
engaged in trade, but does not include a vessel used for the transport of
troops, stores or equipment.
(22) Wharf means any
wharf, pier, jetty, landing stage, quay, dock slip, platform, mooring buoy,
dolphin or stationary vessel (whether above or below high water mark and
whether outside or within the port) which serves the port and which is now or
hereafter erected constructed or installed on any land held by the Company
under any tenure or which is otherwise under the control of the Company, and
includes any machinery equipment or premises erected constructed or installed
on or in connection with any of the same.
(23) The Act means the
Iron Ore (Hamersley Range) Agreement Act 1963 .
(24) The Collector
means the person from time to time and for the time being having authority
from the Company to receive and collect any dues.
(25) The Company and
the Agreement have the same meaning as they have in, and for the purposes of,
the Act.
(26) The Harbourmaster
means the harbour master (as that expression is defined in the
Shipping and Pilotage Act 1967 ), of the Port.
(27) The Marine
Manager means the person from time to time appointed by Hamersley Iron Pty.
Limited to the office of Marine Manager for the purpose of these by‑laws
and includes any person appointed in writing by Hamersley Iron Pty. Limited or
the Marine Manager to carry out the duties of the Marine Manager.
(28) The Port means
the place declared by proclamation made and published under the
Shipping and Pilotage Act 1967 , to be the Port of Dampier and to be a
port for the purposes of that Act.
[By-law 3 amended: Gazette
29 Nov 1974 p. 5198.]