Western Australian Current Regulations

PORT AUTHORITIES REGULATIONS 2001

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   4A.     Application as to assistance animals

   PART 1A -- Additional ports under port authority control and management  

   4B.     Port of Balla Balla  
   4C.     Port of Cape Preston West

   PART 2 -- Vessels in ports

           Division 1 -- Vessels arriving at ports  

   4.      Notice of arrival at port  
   5.      Vessel to maintain contact with port authority

           Division 2 -- Matters relating to safety  

   6.      Vessel not to exceed maximum safe speed  
   7.      Fire on vessel, duties of people in case of  
   8.      Propellers of moored vessel not to be operated  
   9.      Owners of dangerous things to notify harbour master

           Division 3 -- Matters relating to revenue  

   10.     Collector of port charges may enter vessel  
   11.     Port charges to be paid before vessel leaves port

           Division 4 -- General  

   12.     Berthing, general rules for  
   13.     Port authority officer may give directions to keep wharf clear during berthing  
   15.     Vessel moored to be kept clear of cranes etc. on wharves  
   16.     Vessel moored to have at least one person on watch  
   17.     Waste water etc. not to be discharged on to wharf or into port waters without authority  
   18.     Ballast to be discharged in accordance with harbour master’s directions  
   19.     Livestock not to be loaded or unloaded without authority  
   21.     Harbour master’s powers to ensure compliance with regulations

   PART 3 -- Pilotage

           Division 1 -- Definitions  

   22.     Terms used

           Division 2 -- Approval of pilots  

   23.     Eligibility to be approved as pilot  
   24.     Approving pilots; retaining approval as pilot  
   25.     Duties of approved pilots for r. 24(3)

           Division 3 -- Providers of pilotage services to be licensed  

   26.     Division 2 not affected by this Division  
   27.     Unlicensed persons not to provide pilotage services in ports  
   28.     Pilotage provider’s licence, application for and issue and effect of  
   29.     Cancelling and suspending pilotage provider’s licence

           Division 4 -- Pilots and pilotage  

   30.     When pilotage is not compulsory (Act s. 97(1))  
           31. Harbour master may direct exempt master to ensure vessel uses pilotage services  
   32.     Notifying port authority when pilot is required  
   33.     Vessel not ready for pilot at notified time, liability for port authority’s expenses  
   34.     Positioning of vessel when pilot boards or leaves vessel  
   35.     Facilities to be provided when pilot boards or leaves vessel  
   36.     Master’s duties when pilot has boarded vessel  
   37.     Tug master to comply with pilot’s directions  
   38.     Harbour master may require second pilot to be used  
   39.     Pilots to carry and produce evidence of approval  
   40.     Vessel being led is under control of pilot and liable to pay for pilotage services

           Division 6 -- Pilotage exemption certificates  

   49.     Eligibility for pilotage exemption certificates  
   50.     Applications for pilotage exemption certificates  
   51.     Issue of pilotage exemption certificates  
   52.     Conditions on pilotage exemption certificates  
   53.     Applications to vary or delete conditions on pilotage exemption certificates  
   54.     Validity and expiry of pilotage exemption certificates  
   55.     Applications for revalidation of pilotage exemption certificates  
   56.     Revalidation of pilotage exemption certificates  
   57.     Suspending and revoking pilotage exemption certificates  
   58.     Appeals against decision made under r.  
   59.     Use of pilotage exemption certificates to be recorded

   PART 4 -- Goods and cargo  

   60.     Details of cargo on board vessel arriving at port to be given to port authority  
   61.     Details of cargo and fuel on board vessel leaving port to be given to port authority  
   62.     Loading and unloading to be continuous  
   66.     Unclaimed goods, port authority’s powers as to  
   67.     Sale of unclaimed goods, application of proceeds of  
   68.     Goods falling from vessel in port

   PART 5 -- Conduct of persons in ports  

   69.     Term used: designated by notices or signs  
   70.     Social functions on board vessel prohibited in certain cases  
   71.     Dead animals, waste etc. not to be left in ports unless authorised  
   72.     Port authority notices etc., removal of etc. is offence  
   73.     Notices etc. not to be put on port authority property without authority  
   74.     Life saving equipment, interfering with  
   75.     Dredging etc. prohibited without authority  
   76.     Persons to comply with reasonable directions of port authority staff  
   77.     Animals prohibited in port without authority  
   78.     Disorderly conduct  
   79.     Certain persons may be prohibited from entering port  
   80.     Smoking in designated places prohibited  
   83.     Selling or supplying things and soliciting business prohibited  
   84.     Wrecks not to be climbed on etc.  
   85.     Fire alarms, activating etc.  
   86.     Valves, hydrants etc., unauthorised use of  
   87.     Electric lights etc., unauthorised interference with  
   88.     Stray boats and other abandoned or unattended property  
   89.     Swimming in designated areas prohibited  
   90.     Closed areas of ports etc., unauthorised entry of  
   91.     Fishing in designated areas of port prohibited  
   92.     Fishing nets etc., use of  
   93.     Launching etc. boats in unauthorised places etc. prohibited  
   94.     Camping etc. prohibited unless authorised  
   95.     Marine life not to be removed from wharf etc. unless authorised  
   96.     Buildings etc. not to be erected without authority  
   97.     Excavation work not to be done unless authorised  
   98.     Motor boats and water skiing, restrictions on  
   99.     Races, regattas etc. not to be held without authority

   PART 6 -- Vehicles in ports  

   100.    Terms used  
   101.    Application of road laws  
   102.    Careless driving  
   103.    Drivers to comply with traffic signs  
   104.    Stopping vehicles  
   105.    Parking vehicles  
   106.    Emergency vehicles, exceptions for  
   107.    Obstructing vehicles may be removed

   PART 7 -- Infringement notices and modified penalties  

   108.    Prescribed offences (Act s. 124)  
           109. Prescribed modified penalties (Act s. 125(2))  
           110. Over‑length vehicle, meaning of in Sch.  
   111.    Infringement notice, prescribed form of (Act s. 125(1))  
           112. Withdrawal of infringement notice, prescribed form of (Act s. 127(1))

   PART 8 -- Miscellaneous  

   113.    Effect of breach of condition to which authorisation is subject  
   114.    Master of vessel to produce certificates of tonnage and registry etc. on request by certain officers  
   115.    Powers of authorised officers in relation to offenders  
   117.    Certain easements, leases and licences may be granted without Minister’s approval (Act s. 28(2))  
           118. Amount of port authority’s liability prescribed (Act s. 40(3)(c))  
           118A. Port services prescribed (Act s. 35(9))  
           119. Rate of interest on overdue amounts (Act s. 136(1))  
           120. Rounding off amounts (Act Sch. 5 cl. 31)  
   120A.   Jetty licences to which Schedule 8 clause 66(9) of Act applies  
   121.    Provisions for particular ports and port authorities
           SCHEDULE 1 -- Provisions for particular ports and port authorities
           SCHEDULE 3 -- Prescribed offences and modified penalties
           SCHEDULE 4 -- Forms