Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PORT AUTHORITIES ACT 1999 - SECT 96

96 .         Port authority to approve pilots and ensure pilotage services are provided

        (1)         A port authority may approve a competent and suitably qualified person as a pilot for the port and is to ensure that there is at all times at least one approved pilot for the port.

        (2)         An approval under subsection (1) has effect for the period set out in the approval unless it is revoked by the port authority before that period ends.

        (3)         An approval under subsection (1), or any revocation of such an approval, is to be in writing.

        (4)         No person is to act as a pilot in a port unless the person is approved as a pilot for the port or acts under the authority of a pilotage exemption certificate under the regulations.

        Penalty: $10 000.

        (5)         A port authority is responsible for ensuring that pilotage services are provided in its port —

            (a)         by the port authority; or

            (b)         if regulations under section 143 provide that a person providing pilotage services in the port needs a licence referred to in that section, by a person who holds such a licence; or

            (c)         partly under paragraph (a) and partly under paragraph (b).

        (6)         A reference in subsection (5) to pilotage services provided by the port authority includes a reference to pilotage services provided under a contract or arrangement under section 35(2).

        (7)         Subject to subsection (8), any charges for pilotage services provided in a port —

            (a)         are to be determined under section 37; and

            (b)         are to be paid to the port authority, irrespective of how or by whom they are provided.

        (8)         If regulations under section 143 provide that a person providing pilotage services in the port needs a licence referred to in that section, subsection (7) does not apply in relation to pilotage services provided by a person who holds such a licence.

        [Section 96 amended: No. 9 of 2014 s. 23; No. 2 of 2019 s. 48.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback