Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
(1) In this Act,
unless the contrary intention appears —
“appointed member” means member other
than the member referred to in section 8 (1) (d);
“Chairman” means Ministerial member
appointed under section 8 (2) to be Chairman of the Port Authority;
“collector of port charges” means
officer or employee or other person for the time being authorized under
section 55 to collect port charges on behalf of the Port Authority;
“Company member” means —
(a)
member appointed under section 8 (1) (a) or his deputy; or
(b)
person appointed under section 8 (5) in default of a nomination for
appointment as the Company member by the Company;
“Dampier Solar Salt Industry
Agreement” means agreement a copy of which is set forth in the First
Schedule to the Dampier Solar Salt Industry Agreement Act 1967 , as that
agreement is amended from time to time;
“debentures” means debentures referred
to in section 65;
“deputy” means person appointed under
section 10 to be the deputy of a member;
“employee” means employee appointed
under section 17 (1);
“General Manager” means person for the
time being holding or acting in the office of General Manager under
section 17;
“goods” includes —
(a)
merchandise, wares, chattels and other articles, whether manufactured or of
any other kind;
(b)
minerals and mineral products; and
(c)
livestock;
“Harbour Master” means person
appointed as harbour master of the Port under section 22 of the
Ports (Functions) Act 1993 ;
“inscribed stock” means inscribed
stock referred to in section 65;
“Iron Ore (Hamersley Range) Agreement”
means agreement a copy of which is set forth in the First Schedule to the
Iron Ore (Hamersley Range) Agreement Act 1963 , as that agreement is amended
from time to time;
“Joint Venturers member” means
—
(a)
member appointed under section 8 (1) (b) or his deputy; or
(b)
person appointed under section 8 (5) in default of a nomination for
appointment as the Joint Venturers member by the Joint Venturers;
“marine navigational aid” means
lighthouse, light ship, port light, buoy, beacon, sign, signal or other
structure, mark, device or apparatus that is or is intended to be an aid to
marine navigation, and includes radio beacon or electronic aid;
“master” includes person, other than
an approved pilot provided or arranged by the Port Authority or the Company,
the Salt Company or the Joint Venturers, having for the time being the charge,
command or management of a vessel;
“member” means member of the Port
Authority or his deputy;
“Ministerial member” means member
appointed under section 8 (1) (c) or his deputy;
“North West Gas Development (Woodside)
Agreement” means agreement a copy of which is set forth in the Schedule
to the North West Gas Development (Woodside) Agreement Act 1979 , as that
agreement is amended from time to time;
“officer” means officer appointed
under section 17 (1) and includes General Manager and Harbour Master;
“owner” , in relation to —
(a)
property of any kind, includes person who is owner jointly or in common with
another person;
(b)
goods, includes consignor, consignee, shipper or agent for sale or custody,
loading or unloading of the goods concerned; and
(c) a
vessel, includes charterer of the vessel;
“port charges” means —
(a) port
dues and wharfage charges; or
(b) port
improvement rates,
levied under
regulations made under section 99 for the purposes of section 48, and includes
charges for pilotage and other services provided under Part 2 of the
Ports (Functions) Act 1993 ;
“port installation” means facility
(whether above or below high water mark and whether or not within the Port)
that is for the improvement, protection, management, maintenance, repair or
use of the Port or a wharf and, without limiting the generality of the
foregoing, includes any marine navigational aid;
“Port land” means land vested in the
Port Authority by or under this Act or land acquired under this Act by the
Port Authority;
“port works” includes —
(a)
bridge, dam, embankment, slip, viaduct and wharf;
(b)
reclamation of land from the sea or a river; and
(c)
deepening, dredging, excavating and widening any basin, channel or other part
of the Port;
“seabed” includes, subject to Part III
of Schedule I, land below high water mark;
“sinking fund” means amounts set aside
under section 71 (1) by way of a sinking fund;
“the Account” means the Dampier Port
Authority Account referred to in section 61 (2);
“the Company” has the meaning given by
the Iron Ore (Hamersley Range) Agreement;
“the Joint Venturers” has the meaning
given by the North West Gas Development (Woodside) Agreement;
“the Port” means the areas contained
within the land area, water area and seabed area referred to in section 6;
“the Port Authority” means the Dampier
Port Authority established by section 4 (1);
“the regulations” means the
regulations made under section 99;
“the Salt Company” means the Company
within the meaning of the Dampier Solar Salt Industry Agreement;
“Treasurer” means Treasurer of the
State;
“vessel” means any kind of vessel used
or capable of being used in navigation by water, however propelled or moved,
and includes —
(a) a
barge, lighter, floating restaurant or other floating vessel; and
(b) an
air-cushion vehicle or other similar craft used wholly or primarily in
navigation by water;
“weigh” means ascertain mass of;
“wharf” includes dock, landing stage,
jetty, pier, quay and platform.
(2) Nothing in this
Act shall be construed so as to prejudice or in any way affect —
(a) any
right or obligation of a party to the Dampier Solar Salt Industry Agreement;
(b) any
right or obligation of a party to the Iron Ore (Hamersley Range) Agreement; or
(c) any
right or obligation of a party to the North West Gas Development (Woodside)
Agreement.
(3) Unless the
contrary intention is expressly stated, the provisions of this Act shall be
construed as being additional to, and not in substitution for, provisions
applying to acts, matters or things in or related to a port contained in any
other Act.
[Section 3 amended by No. 98 of 1985 Schedule 1;
No. 46 of 1993 s.46.]