In these regulations,
unless the contrary intention appears —
adequate insurance cover , in relation to a
vessel, means adequate insurance cover of a kind specified by notice under
regulation 72A(1);
anchor , a vessel, means to secure the vessel to
the seabed or a beach by lowering from the vessel to the seabed or beach an
anchor that, once lowered, can be taken back on board the vessel;
annual admission payment means the annual payment
in lieu of admission fees referred to in regulation 7;
approved means approved by the Authority;
approved form means a form approved by the
Authority;
bicycle has the meaning given in the Road Traffic
Code 2000 section 3(1);
certificate of registration means a certificate of
registration issued under the Navigable Waters Regulations 1958 1 ;
commercial aircraft means an aircraft in which
persons are carried for reward;
commercial vessel has the meaning given in the
Western Australian Marine Act 1982 section 3(1);
declare and declared mean declare or declared to,
and in a manner approved by, the Authority;
domestic commercial vessel has the meaning given
in the Marine Safety (Domestic Commercial Vessel) National Law section 7;
ferry means a vessel licensed under the Transport
Co‑ordination Act 1966 section 47AA;
journey , to the Island, means to enter within the
limits of the Island but does not include —
(a) in
the case of a vessel — to transit through the limits of the Island
in the course of one continuous voyage; or
(b) in
the case of an aircraft — to enter within the limits of the Island
without landing;
length , in relation to a vessel,
means —
(a) in
the case of a vessel that is registered under the Navigable Waters
Regulations 1958 1 —
(i)
the length of the vessel specified in the certificate of
registration of that vessel; or
(ii)
if the Authority is not satisfied as to the accuracy of
that registered length, the length determined under paragraph (b);
and
(b) in
any other case, the distance from the fore part of the hull to the after part
of the hull taken at the upperside of the uppermost weathertight deck or, in
the case of an open vessel, at the height of the gunwale;
liquor has the meaning given in the
Liquor Control Act 1988 section 3(1);
main jetty means the main jetty at Thomson Bay on
the Island and includes the wharf and any jetty extending from the main jetty
and the associated barge loading and hard stand areas;
Marine Safety (Domestic Commercial Vessel)
National Law means the Marine Safety (Domestic Commercial Vessel) National Law
applying as a law of the Commonwealth because of the Marine Safety (Domestic
Commercial Vessel) National Law Act 2012 (Commonwealth) section 4;
mooring means any gear (including an anchor,
stake, pylon or part of a jetty) set out on the seabed in a permanent manner
to which a vessel or other floating structure may be secured by a chain,
cable, wire or rope;
mooring area means each of the
following —
Porpoise Bay, Thomson Bay, Geordie Bay, Longreach
Bay, Catherine Bay, Stark Bay, Narrow Neck and Marjorie Bay;
mooring site means a mooring site recorded in the
register;
mooring site licence means a licence granted under
regulation 20;
mooring site licensee means a person who holds a
mooring site licence;
operator , of a vessel, or aircraft, means a
person in charge, owner, charterer, lessee or bailee of the vessel or
aircraft;
overall length , in relation to a vessel, means
the length of the vessel plus any bow sprit or marlin board;
permanent resident means a person resident on the
Island for the purpose of —
(a) any
business undertaking authorised by the Authority; or
(b) his
employment on the Island,
and includes a dependant of any such person;
register means the register referred to in
regulation 25;
rental licence means a licence granted under
regulation 15;
rental mooring means a mooring designated by the
Authority as a rental mooring;
use in relation to a vehicle includes driving a
vehicle and riding or pushing a bicycle;
vehicle has the meaning given in the Road Traffic
(Administration) Act 2008 section 4;
vessel means any floating object capable of
carrying a person but does not include —
(a)
surfboards; or
(b)
windsurfing boards; or
(c)
canoes; or
(d)
surfskis; or
(e)
other non‑motorized recreational flotations of a similar nature;
waters of the Island means the waters referred to
in section 4(b) of the Act.
[Regulation 3 amended: Gazette
30 Dec 1994 p. 7347; 4 Jul 1997
p. 3510‑11; 15 Oct 2010 p. 5176;
17 Dec 2010 p. 6359‑60; 25 Oct 2011
p. 4513; 24 Jan 2014 p. 113; 8 Jan 2015 p. 149;
22 Sep 2015 p. 3849‑50.]