Western Australian Repealed Acts

This legislation has been repealed.

DAMPIER PORT AUTHORITY ACT 1985 - NOTES

Notes

^1. This is a compilation of the Dampier Port Authority Act 1985 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Short title	Number and year	Assent	Commencement
Dampier Port Authority Act 1985	39 of 1985	20 May 1985	23 Oct 1987 (see Gazette 23 Oct 1987 p.3937)
Acts Amendment (Financial Administration and Audit Act 1985, schedule 1	98 of 1985	4 Dec 1985	1 Jul 1986 (see section 2)
Financial Administration Legislation Amendment Act 1993, Part 4	6 of 1993	27 Aug 1993	Deemed operative 1 Jul 1993 (see section 2)
Ports (Functions) Act 1993, sections 37 and 46 2, 3	46 of 1993	20 Dec 1993	15 Jun 1994 (see section 2 and Gazette 10 Jun 1994 p.2373)
Acts Amendment (Public Sector Management) Act 1994, section 19	32 of 1994	29 June 1994	1 Oct 1994 (see section 2 and Gazette 30 Sep 1994 p.4948)
Local Government (Consequential Amendments) Act 1996, section 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see section 2)
Financial Legislation Amendment Act 1996, section 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see section 2 (1))
Trustees Amendment Act 1997, section 18	1 of 1997	6 May 1997	16 Jun 1997 (see section 2 and Gazette 10 Jun 1997 p.2661
Acts Amendment (Land Administration) Act 1997, section 142	31 of 1997	3 Oct 1997	30 Mar 1998 (see section 2 and Gazette 27 Mar 1998 p.1765)
Statutes (Repeals and Minor Amendments) Act 1997, section 46	57 of 1997	15 Dec 1997	15 Dec 1997 (see section 2 (1))
Port Authorities (Consequential Provisions) Act 1999, Part 2 and Part 3 (other than section 16(2)) 5	5 of 1999	13 Apr 1999	14 Aug 1999 (see section 2 and Gazette 13 Aug 1999 p.3823)
This Act was repealed by the Port Authorities (Consequential Provisions) Act 1999 s. 6(1) (No. 5 of 1999) as at 14 Aug 1999 (see s. 2 and 3)

² Section 48 of the Ports (Functions) Act 1993 (Act No. 46 of 1993) reads as follows —

“

48. Harbour masters (transitional)

On the commencement of section 22, a person who immediately before then was appointed under a port authority Act (as defined in section 3) to be a harbour master of a port, becomes, by force of this section, appointed under section 22 as the harbour master of that port.

”.

³ Section 49 of the Ports (Functions) Act 1993 (Act No. 46 of 1993) reads as follows —

“

49. Dampier pilotage services agreements (transitional)

On the commencement of Part 2, an agreement for the provision of pilotage services entered into under section 41 (3) of the Dampier Port Authority Act 1985 and in force immediately before then is, by force of this section, to be taken as being made under section 13 in respect of pilotage services.

”.

⁴ Section 50 of the Ports (Functions) Act 1993 (Act No. 46 of 1993) reads as follows —

“

50. Existing port authority regulations (saving)

Where this Act repeals a provision of a port authority Act (as defined in section 3) and enacts a provision in substitution therefor, regulations made under or in respect of the repealed provision and in operation immediately before the commencement of this Act shall, so far as they are consistent with this Act, continue in operation and have effect for all purposes as if made under the port authority Act as read with this Act.

”.

⁵ Part 3 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) reads as follows —

“

Part 3 — Transitional and saving provisions

12. Application of Interpretation Act 1984

(1) The provisions of the Interpretation Act 1984 about the repeal of written laws and the substitution of other written laws for those so repealed (for example, sections 16(1), 36 and 38) apply to the repeal of an existing Act relating to a port authority and the amendment of the Ports (Functions) Act 1993 in relation to that existing Act and that port authority as if the PA Act —

(a) repealed that existing Act; and

(b) repealed the Ports (Functions) Act 1993 insofar as it applied to that port authority,

when the item relating to that port authority comes into operation.

(2) The other provisions of this Part are additional to the provisions applied by subsection (1).

13. Existing port authorities continue

(1) If, immediately before the commencement of an item, there was an existing port authority with the name set out in that item, the port authority named in that item is a continuation of, and the same legal entity as, the existing port authority and the rights and obligations of the existing port authority are not affected.

(2) If in a written law or other document or instrument there is —

(a) a reference to an existing port authority constituted or established under an existing Act; or

(b) a reference that is to be read and construed as a reference to an existing port authority,

that reference may, where the context so requires, be read as if it had been amended to be a reference to the port authority as established under the PA Act.

14. Membership

(1) The persons who were members or commissioners of a continuing port authority (including the chairman) immediately before the commencement of the item relating to that port authority continue in office, under and subject to the PA Act, as the chairperson and directors of that port authority.

(2) Subsection (1) does not apply to a person holding office under section 8(1)(d) of the Dampier Port Authority Act 1985.

(3) A person to whom subsection (1) applies is to be regarded as having been appointed under section 7 of the PA Act.

15. Staff

(1) A person who was the general manager of a continuing port authority immediately before the commencement of the item relating to that port authority continues in office, under and subject to the PA Act, as the chief executive officer of that port authority.

(2) Other people who were in the employment of a continuing port authority immediately before the commencement of the item relating to that port authority continue, under and subject to the PA Act, as members of staff of that port authority.

(3) Except as otherwise agreed by a chief executive officer or member of staff, the remuneration, existing or accrued rights, rights under a superannuation scheme or continuity of service of a chief executive officer or member of staff of a continuing port authority are not affected, prejudiced or interrupted by —

(a) the operation of subsection (1) or (2); or

(b) that port authority ceasing to be an SES organization under the Public Sector Management Act 1994.

(4) A person mentioned in subsection (1) or (2) is to be regarded as an employee of an organization for the purposes of Part 6 of the Public Sector Management Act 1994.

(5) Subsection (4) ceases to apply in relation to a continuing port authority at the expiration of 2 years after the item relating to that port authority commences.

(6) A person mentioned in subsection (2) is to be regarded as having been engaged under section 16 of the PA Act.

16. Port descriptions

(1) Until an order is made under section 24(1) of the PA Act in relation to a port referred to in item 1, 3, 4, 5, 6, 7 or 8 the description of that port for the purposes of the PA Act is the description that had effect under the relevant existing Act immediately before the commencement of that item.

(2) Until an order is made under section 24(1) of the PA Act in relation to the Port of Broome the description of that port for the purposes of the PA Act is as follows —

Port of Broome

(a) all that portion of water and seabed bounded by lines starting from the high water mark of Roebuck Bay at the southern extremity of Fall Point and extending south to an east-west line situate 3 nautical miles south from the southern extremity of Entrance Point; then west to a north-south line situate 3 nautical miles west from the southern extremity of Entrance Point; then north to a point situate west of the summit of Station Hill; then east to the high water mark of the Indian Ocean and then generally southwesterly and generally southeasterly along that mark and generally northeasterly, generally northwesterly, again generally northeasterly and generally easterly along the high water mark of Roebuck Bay to the starting point and including all of the waters of Dampier Creek; and

(b) all that portion of land comprised within Broome Lots 616, 698, 848 and 956 as shown bordered in red on Lands and Surveys Reserve Plan 108.

Lands and Surveys Public Plans: Broome Regional 1:10 000 Sheet 1, Sheet 2, Sheet 3; Roebuck Plains 1:250 000; La Grange 1:250 000.

(3) A description that has effect under subsection (1) or (2) may be amended under section 24(2) of the PA Act.

17. Strategic development plans

The first strategic development plan for a port authority under Part 5, Division 1 of the PA Act is to be for a period starting when the first financial year starts.

18. Statement of corporate intent

The first statement of corporate intent for a port authority under Part 5, Division 2 of the PA Act is to be for the first financial year.

19. Borrowing limits

The first monetary limits under section 86 of the PA Act are to be determined in relation to the first financial year.

20. Regulations

(1) Regulations made by a continuing port authority that were in force immediately before the commencement of the item relating to that port authority continue in force after that commencement as if they were regulations made by the Governor under section 139 of the PA Act in relation to the port of that port authority.

(2) Subsection (1) does not continue the operation of any regulation that could not be made under section 139 of the PA Act.

”.