Western Australian Repealed Regulations

This legislation has been repealed.

FREMANTLE PORT AUTHORITY REGULATIONS 1971 - REG 123A

123A .         Tonnage calculation

        (1)         In this regulation, the Merchant Shipping (Tonnage) Regulations 1967 (as amended by Statutory Instruments No. 1093 of 1967 and No. 656 of 1972) of the United Kingdom are referred to as “the U.K. Rules”.

        (2)         In and for the purposes of the Act and these regulations the tonnage of a vessel shall be the sum of — 

            (a)         the gross tonnage of such vessel ascertained in accordance with regulations 4, 5, 6 and 7 of the U.K. Rules; and

            (b)         the tonnage, ascertained in accordance with paragraph 4 or 5 of rule 1 of Schedule 1 of the U.K. Rules, whichever is applicable, of all dry cargo space which by virtue of paragraph (a) of regulation 7 of the U.K. Rules is not included in the gross tonnage ascertained as aforesaid.

        (3)         The Port Authority may in the case of any vessel determine or calculate the tonnage of such vessel or of any space thereon either wholly or in part from or by reference to the particulars of tonnage or other information appearing in the Certificate of Registry or Tonnage Certificate of such vessel or by reference to the measurement of the vessel appearing in the latest edition of Lloyd’s Register in the possession of the Port Authority.

        (4)         Where the tonnage of a vessel cannot be ascertained in accordance with subregulation (3) of this regulation, or where in the opinion of the Authority the tonnage so ascertained is inaccurate, the Authority may determine such tonnage.

        (5)         For the purpose of ascertaining the tonnage of any vessel or of any space upon any vessel any authorised person may — 

            (a)         board, inspect, survey or measure such vessel or space or any goods therein or thereon;

            (b)         detain such vessel;

            (c)         require the unshipment of any goods in or on a vessel at the risk and expense of the owner of those goods.

        (6)         Where a vessel is detained in accordance with paragraph (b) of subregulation (5) of this regulation the vessel shall be subject to the normal rates and charges or exemptions and rebates from those rates and charges set out in these regulations during that period of detention.

        (7)         The owner, agent or master of a vessel, upon the request of an authorised person shall afford all necessary facilities to enable the vessel or any goods therein or thereon or both the vessel and such goods, to be boarded, inspected, surveyed or measured for the purpose of ascertaining the tonnage of the vessel.

        [Regulation 123A inserted by Gazette 29 July 1977 p.2482.]