Western Australian Repealed Regulations

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This legislation has been repealed.


1A .         Interpretation

                In these regulations, unless the context otherwise requires — 

        “Accountant” includes any officer deputed by the Port Authority to carry out any duty on behalf of the Accountant;

        "Act" means the Esperance Port Authority Act 1968 as from time to time amended;

        "Ballast" includes any kind of stone, gravel, sand and soil, and materials commonly used for the ballasting of vessels;

"         berth" or "berthing" means a position alongside any wharf or jetty or any vessel fastened to any wharf or jetty or to the shore; or at any mooring buoy or anchorage; and any vessel fastened to any wharf or jetty or the shore or to any other vessel, or moored to any buoy or fixture, or anchored within the harbour, shall be deemed to be occupying a berth;

        "cargo" includes goods but does not include ship’s own stores or equipment, unless landed to be disposed of;

        “coasting vessel” means any vessel owned or registered within the Australian Commonwealth whose trade is exclusively confined to the ports of Western Australia;

        “consignee” means the person to whom goods are consigned, and includes the owner of those goods, the agent for the owner, the agent for the sale or custody of those goods, the holder of any bill of lading or other document representing those goods, and any other person having any right, title, or interest in those goods;

        "consignor" means the person consigning goods, and includes the owner, shipper, agent for the owner or shipper, and any other person having any right, title, or interest in those goods;

        "Engineer" includes any person empowered to represent the Port Authority’s Engineer;

        "explosives" means explosives as defined by the Explosives and Dangerous Goods Act 1961 ; and wherever in these regulations any explosive is distinguished as belonging to a particular class, or division of a class, reference is made to the classification of explosives in pursuance of the Explosives and Dangerous Goods Act 1961 ;

        "general manager" means the general manager of the Port Authority;

        "Inspector" means any Inspector appointed by the Port Authority and in Part VII means the Inspector, (or any Sub-Inspector) of Explosives appointed under the Explosives and Dangerous Goods Act 1961 ;

        "interstate vessel" means a vessel owned and registered in any State of the Commonwealth and trading between any such State and this State;

        “pilot” means a person approved by the Port Authority under section 16 (1) of the Ports (Functions) Act 1993 as a pilot for the Port;

        “pilotage services” means the services provided by a pilot at the Port;

        “products of the soil of the State’’ means such goods as the Port Authority may from time to time declare to be such products and, in any event, any grain, flour, agricultural, horticultural and farm produce grown, and coal mines, in the State;

        “regulation’’ means one of these regulations;

        “ships’ slings,’’“ships’ tackle," or "ships’ gear," when used in connection with the handling of goods, includes all cranes or other hoisting appliances hired or used for the purpose of, or in connection with, the handling of those goods;

        “shore’’ means shore so far as the tide flows and reflows between low and high water marks;

        “Surveyor’’ means any officer or person appointed by the Port Authority to act as a surveyor of vessels or goods;

        “Port Authority’’ means the Esperance Port Authority;

        "Street Jetty "means — 

            (a)         the groyne; and

            (b)         the landing stage attached to the groyne,

                situated near the intersection of the Esplanade and Taylor Street on the northern boundary of the Port;

        "the Harbour" has the same meaning as "the Port” ;

                "tonnage rates" includes port dues;

        "tonne" means (except where otherwise specifically described) 1000 kilograms, or one cubic metre or one kilolitre, at the option of the Port Authority;

        "tons,tonnage," and words of the like import, having reference to a vessel’s tonnage, mean the gross registered tons or tonnage as calculated in accordance with the British standard of measurement of registered tonnage;

        "transhipment cargo" means cargo appearing as cargo for transhipment in the manifest of the vessel by which it is carried to the Port or cargo of which notice of intention to tranship is given in writing to the Port Authority, prior to the cargo being discharged from a vessel, but does not include any cargo to be transported to any place by land or air transport;

        "vessels of war" means vessels built for combatant service or converted for that purpose and tankers conveying fuel oil for those vessels, if they are owned or otherwise directly managed and controlled by the Government of any of Her Majesty’s States, Dominions or Colonies or by the government of any foreign country which is a party with the Crown to any military alliance and are not engaged in trade, but does not include vessels used for the transport of troops, stores or equipment;

        "week,day,hour,month" or "year," or any other period is to be taken to include a portion of week, day, hour, month, year, or any other period when a whole week, day, hour, month, year or any other period has not been required or used;

        "wharf" includes pier, jetty, landing stage, quay, dock, slip, and platform over which the Port Authority has jurisdiction, and includes any shed erected thereon;

        "Wharf Manager" means the person appointed to the charge of any wharf or jetty, and includes the general manager, any night or day watchman, special or other constable and foreman, crane man, or tally clerk, and any other person appointed by or acting for the Wharf Manager;

        "wreck" includes jetsam, flotsam, lagan and derelict.

        [Regulation 1A amended in Gazette 21 September 1973 p.3530; 25 June 1982 p.2126; 30 June 1989 p.1914-5; 19 July 1991 p.3672; 6 August 1993 p.4277; (Correction in Gazette 13 August 1993 p.4366); 10 June 1994 p.2422.]

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