Western Australian Current Regulations Western Australian Current Regulations (1) Subject to
subregulations (2) and (2a) and to regulation 45BAA, a person shall
not use or have in any navigable waters a registrable vessel
unless —
(a) the
vessel is registered with the Department in accordance with this Part; and
(b) the
current boat registration label for the vessel is fixed to the port side of
the vessel, next to the registration number required by
subregulation (7), in a manner which makes it clearly visible.
(1a) A person who
contravenes subregulation (1) commits an offence.
(2) A person may,
within the period of 30 days immediately succeeding the day of expiry of
the registration of the vessel, use or have in navigable waters a vessel that
is not registered with the Department in accordance with this Part.
(2a) A person may,
within the period of 3 months immediately succeeding the day of entry of
a registered interstate pleasure vessel into any navigable waters, use or have
in navigable waters a registered interstate pleasure vessel that is not
registered with the Department in accordance with this regulation.
(3) Every application
for the registration of a registrable vessel shall be made to the Department
in writing on a form specified by the Minister and shall
include —
(a)
subject to paragraph (aa) the full name and residential address of the
owner of the vessel and the telephone number of any telephone installed at
that address for the owner; and
(aa)
where the owner of a registered vessel is —
(i)
a company, the full name of a natural person nominated by
the company; or
(ii)
a partnership, the full name of each partner,
together with the
addresses and telephone numbers at which the natural person or partners, as
the case may be, may be contacted both during normal business hours and
outside of those hours; and
(ab) the
hull identification number of the vessel; and
(ac) the
engine number of any motor fitted to the vessel; and
(ad)
whether or not an Australian Builders Plate is attached to the vessel in
accordance with the ABP standard; and
(b) the
overall length of the vessel expressed in metres expressed to 2 decimal
places; and
(c) the
type of construction of the vessel and its colour; and
(d) the
power in kilowatts and name of the manufacturer of the engine fitted to the
vessel or carried as an auxiliary in the vessel and a statement as to whether
the engine is of the inboard or outboard type.
(3a) An application
under subregulation (3) is to be accompanied by —
(aa) a
certificate issued by a person accredited to do so under regulation 45AA
or 45AB verifying the hull identification number of the vessel; and
(a) such
proof of the particulars referred to in subregulation (3) as the
Department may require; and
(b) the
appropriate fee ascertained in accordance with the following
Table —
Table of fees
|
Length of vessel |
Fee ($) |
|---|---|
|
(i) less than 5 m |
154.85 |
|
(ii) 5 m or more but less than 10 m |
328.75 |
|
(iii) 10 m or more but less than 20 m |
659.40 |
|
(iv) 20 m or more |
964.35 |
(4) Where an
application for registration is made for a vessel —
(a) not
previously registered under these regulations; or
(b) for
which the registration last issued under these regulations expired more than
30 days prior to the date of the application,
the application shall
be accompanied by the appropriate fee prescribed in subregulation (3a)(b)
and a recording fee of $34.15.
(5) A vessel owned and
operated solely for sea search and rescue operations by a properly constituted
volunteer organization is exempted from fees prescribed in this regulation.
(5a) On an application
under this regulation the Department is to register a vessel if and only if it
is satisfied that —
(a) the
vessel has a hull identification number; and
(b) the
particulars provided in the application are true and correct; and
(c) if
the vessel has not been registered in Western Australia before and the
vessel —
(i)
is a vessel to which regulation 9 of the
Fair Trading (Product Information Standard) Regulations 2005 applies; or
(ii)
is a vessel to which regulation 9 of the
Fair Trading (Product Information Standard) Regulations 2005 does not apply
solely because of regulation 9(2)(a) of those regulations and in respect
of which a certificate of survey has not been issued,
the vessel has an
Australian Builders Plate attached in accordance with the ABP standard.
(5b) The requirement
to have an Australian Builders Plate under subregulation (5a)(c) does not
apply to a vessel imported from a State or Territory if —
(a) the
vessel has an Australian Builders Plate or an equivalent plate that complies
with a requirement of the State or Territory that corresponds to the
requirement to have an Australian Builders Plate under
subregulation (5a)(c); or
(b) the
vessel is exempt from that corresponding requirement by or under a law of the
State or Territory; or
(c) the
State or Territory does not have a requirement that corresponds to the
requirement to have an Australian Builders Plate under
subregulation (5a)(c) and the vessel is imported within 18 months
after the day on which the Navigable Waters Amendment Regulations
(No. 2) 2006 came into operation.
(5c) The chief
executive officer may, on application, exempt a particular vessel from the
requirement to have an Australian Builders Plate under
subregulation (5a)(c) if satisfied that —
(a) the
vessel complies with some other appropriate safety standard and, in the
circumstances of the case, it would be unreasonable for the vessel to be
required to have an Australian Builders Plate; or
(b) the
vessel is of a type for which appropriate safety standards do not exist and
for which other safety standards cannot reasonably be adapted and, in the
circumstances of the case, it would be unreasonable for the vessel to be
required to have an Australian Builders Plate; or
(c) the
vessel is of a type that closely resembles a vessel
of a type that is not
covered by regulation 9 of the
Fair Trading (Product Information
Standard) Regulations 2005 because of regulation 9(2) of those
regulations and, in the circumstances of the case, it would be unreasonable
for the vessel to be required to have an Australian Builders Plate; or
(d) the
vessel is to be used for only a short period of time, its use is unlikely to
endanger the lives of its occupants or occupants of other vessels and, in the
circumstances of the case, it would be unreasonable for the vessel to be
required to have an Australian Builders Plate.
(6) When the
Department registers a vessel under this Part, other than under
regulation 45BAA, the Department shall —
(a) if
the vessel has not previously been registered, allot a registration number for
the vessel; and
(b) in
every case, issue to the owner for whom the application was made a certificate
of registration for the vessel and a boat registration label.
(6A) An owner of a
registered vessel, or a person authorised in writing by an owner, may be
issued with a replacement certificate of registration on payment of a fee of
$14.35.
(7) A person shall not
use or have in any navigable waters a registrable vessel, other than a foreign
pleasure vessel as defined in regulation 45BAA(1),
unless —
(a)
where the vessel is not a vessel to which paragraph (b) or (c) applies,
the registration number allotted to the vessel is legibly marked on each side
of the vessel in accordance with the following provisions —
(i)
the number shall not be positioned under a flared bow of
the vessel and shall at all times be easily visible, whether or not the vessel
is underway; and
(ii)
where a vessel has the number marked on the hull the
digits of the number shall be positioned so that the highest part of each
digit commences at a point that is not lower than 75 mm below the gunwale of
the vessel; and
(iii)
each digit of the number shall be not less than
150 mm in height, and not less than 25 mm in width; and
(iv)
where the background, of each digit is not white, each
digit of the number shall have a white surround not less than 7 mm in width;
and
(v)
each digit of the number shall be of plain block design
and not script and be vertical and not slanting;
and
(b)
where the vessel is a yacht which is or may be propelled by mechanical power,
the registration number allotted to the vessel is legibly marked on each side
of the hull of the vessel in accordance with the following
provisions —
(i)
the number shall be positioned immediately forward of the
transom so as to be easily visible; and
(ii)
the digits of the number shall be positioned so that the
highest part of each digit commences at a point that is not lower than 75 mm
below the gunwale of the vessel; and
(iii)
each digit of the number shall be black and shall be not
less than 50 mm in height and 12 mm in width; and
(iv)
where the background of each digit is not white, each
digit of the number shall have a white surround not less than 7 mm in
width; and
(v)
each digit of the number shall be of plain block design
and not script and be vertical and not slanting;
and
(c)
where the vessel is a personal watercraft, the registration number allotted to
the vessel is legibly marked on each side of the vessel in accordance with the
following provisions —
(i)
the number shall be positioned so as to be easily
visible;
(ii)
each digit of the number shall be not less than
100 mm in height, and not less than 25 mm in width;
(iii)
where the background of each digit is not white, each
digit of the number shall have a white surround not less than 7 mm in
width;
(iv)
each digit of the number shall be of plain block design
and not script and be vertical and not slanting.
(7a) A person who
contravenes subregulation (7) commits an offence.
(8) Every registrable
vessel, other than a foreign pleasure vessel as defined in
regulation 45BAA(1), proceeding to sea on voyages north of Geraldton,
shall have painted in black letters and figures at least 0.61 m in height and
0.1 m in width upon a yellow background, the registration number allotted to
the vessel under this Part, prefixed by the letter “W” in the same
dimensions, either —
(a) upon
the top of the wheelhouse; or
(b) upon
a canvas sheet carried upon the vessel and displayed when required for
identification of the vessel.
(8a) A person who
contravenes subregulation (8) commits an offence.
[Regulation 45B inserted: Gazette
12 Oct 1984 p. 3273‑5; amended: Gazette
2 Nov 1984 p. 3523; 30 Aug 1985 p. 3079;
21 Feb 1986 p. 566; 16 May 1986 p. 1661;
16 Apr 1987 p. 1370; 12 Aug 1988 p. 2715;
13 Jan 1989 p. 75; 30 Jun 1989 p. 1926;
1 Aug 1990 p. 3646; 26 Jul 1991 p. 3924;
10 Apr 1992 p. 1597; 30 Jun 1992 p. 2900;
28 Aug 1992 p. 4240; 29 Jun 1993 p. 3187;
14 Jun 1994 p. 2482; 30 Jun 1995 p. 2706;
25 Jun 1996 p. 2992; 27 Jun 1997 p. 3150;
12 May 1998 p. 2796; 20 Jun 2000 p. 3039;
1 Dec 2000 p. 6764‑5; 27 Jul 2001 p. 3800;
14 Jun 2002 p. 2324‑5; 27 Jun 2003
p. 2536; 25 Jun 2004 p. 2264; 24 Jun 2005
p. 2778; 23 Jun 2006 p. 2207; 1 Sep 2006
p. 3597‑9; 12 Jun 2007 p. 2727;
24 Jun 2008 p. 2894; 9 Jan 2009 p. 37;
12 Jun 2009 p. 2130; 27 Aug 2010 p. 4115;
21 Jun 2011 p. 2241; 4 Nov 2011 p. 4634; 15 Jun
2012 p. 2525; 14 Jun 2013 p. 2237‑8; 16 May 2014
p. 1542; 29 May 2015 p. 1881; 27 May 2016
p. 1551; 26 May 2017 p. 2640‑1;
25 May 2018 p. 1641; 17 May 2019 p. 1438;
SL 2020/60 r. 8; SL 2021/68 r. 14; SL 2022/56
r. 6; SL 2022/137 r. 6; SL 2023/45 r. 10;
SL 2023/135 r. 10; SL 2024/57 r. 8; SL 2024/191
r. 41.]