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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Maritime and Transport Legislation
Amendment and Repeal Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeal and amendment of
legislation
Division 1 -- Repeals and consequential and
miscellaneous amendments
3. Acts in Schedule 1 repealed 3
4. Acts in Schedule 2 amended 3
Division 2 -- Amendments to Transport
Co-ordination Act 1966
5. The Act amended by this Division 3
6. Long title amended 3
7. Section 3 amended 4
8. Section 4 amended 4
9. Section 7 amended 5
10. Section 7D amended 5
11. Section 8 amended 7
12. Section 10 inserted 8
13. Section 15 replaced 9
page i
37--1B
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Contents
14. Section 15A amended 10
15. Section 15B amended 10
16. Section 15C amended 12
17. Sections 15D to 15K inserted 12
18. Section 18 repealed 17
19. Section 47F amended 18
20. Section 62 amended 18
Part 3 -- Transitional provisions
21. Application of the Interpretation Act 1984 19
22. Jetty licences 19
23. Harbour masters 19
24. Pilots 20
25. Mooring control areas 20
26. Mooring licences 20
27. Minister for Transport: merger of corporate status and
continuation of vesting of property 21
28. Agreements relating to maritime structures 22
29. Trust accounts 23
Schedule 1 -- Acts repealed
Schedule 2 -- Consequential and
miscellaneous amendments to Acts
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Maritime and Transport Legislation
Amendment and Repeal Bill 1999
A Bill for
An Act --
· to repeal the following Acts --
Harbours and Jetties Act 1928;
Jetties Act 1926;
Lights (Navigation Protection) Act 1938;
Marine and Harbours Act 1981;
Marine Navigational Aids Act 1973;
Pilots' Limitation of Liability Act 1962;
Shipping and Pilotage Act 1967;
Western Australian Marine Act 1982;
Western Australian Marine Amendment Act 1987; and
Western Australian Marine Amendment Act 1990;
· to amend the Transport Co-ordination Act 1966 and other
Acts; and
· for purposes relating to those repeals and amendments.
The Parliament of Western Australia enacts as follows:
page 1
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Maritime and Transport
Legislation Amendment and Repeal Act 1999.
2. Commencement
5
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2
Repeal and amendment of legislation
Division 1
Repeals and consequential and miscellaneous amendments
s. 3
Part 2 -- Repeal and amendment of legislation
Division 1 -- Repeals and consequential and
miscellaneous amendments
3. Acts in Schedule 1 repealed
The Acts mentioned in Schedule 1 are repealed.
5
4. Acts in Schedule 2 amended
The Acts mentioned in Schedule 2 are amended as set out in
that Schedule.
Division 2 -- Amendments to Transport Co-ordination Act 1966
5. The Act amended by this Division
10
The amendments in this Division are to the Transport
Co-ordination Act 1966*.
[* Reprinted as at 9 September 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 256, and Acts Nos. 32 of 1998,
15
and 10 and 16 of 1999.]
6. Long title amended
The long title is amended as follows:
(a) by deleting ", planning and advancement of all forms of
transport" and inserting instead --
20
"
and planning of transport, maritime and port
affairs
";
page 3
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2 Repeal and amendment of legislation
Division 2 Amendments to Transport Co-ordination Act 1966
s. 7
(b) by deleting "for the licensing of certain persons who
carry on the business of selling petroleum products
and".
7. Section 3 amended
Section 3 is amended after paragraph (e) by deleting the full
5
stop and inserting --
"
;
(f) to provide for the administration and
co-ordination of matters relating to maritime
10
and port affairs and navigation.
".
8. Section 4 amended
Section 4(1) is amended as follows:
(a) by inserting, in the appropriate alphabetical position, the
15
following definition --
"
"rail safety functions" means functions of the Director
General under the Rail Safety Act 1998;
";
20
(b) by deleting the definitions of "Schedule" and "section"
and inserting the following definitions instead --
"
"State public authority" means a Minister, a State
instrumentality or agency, or a public statutory body,
25
corporate or unincorporate, established under a
written law;
page 4
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2
Repeal and amendment of legislation
Division 2
Amendments to Transport Co-ordination Act 1966
s. 9
"traffic functions" means functions of the Director
General under the Acts referred to in
section 15B(3)(c) to (f);
"transport functions" means functions of the Director
General or the Minister under this Act or the
5
Maritime Act 1999;
".
9. Section 7 amended
Section 7(1) is amended by inserting after "this Act" --
" and the Maritime Act 1999 ".
10
10. Section 7D amended
(1) Section 7D(1) is repealed and the following subsections are
inserted instead --
"
(1) The Minister may provide any facilities that the
15
Minister thinks are --
(a) necessary for the purpose of facilitating the
movement of vehicles in any part of the State in
accordance with the terms and conditions
imposed or agreed under this Act or under any
20
other Act in relation to the operation of
vehicles;
(b) desirable to meet the needs of safe, effective
and efficient shipping and boating, both
recreational and commercial; or
25
(c) desirable to protect navigable waters or the bed,
shores or banks of navigable waters.
page 5
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2 Repeal and amendment of legislation
Division 2 Amendments to Transport Co-ordination Act 1966
s. 10
(1a) Without limiting subsection (1), the facilities that can
be provided under that subsection include --
(a) vehicles;
(b) ports and harbours;
(c) maritime facilities and other infrastructure; and
5
(d) fishing industry facilities.
".
(2) Section 7D(3) is amended by deleting "subsection (1)" and
inserting instead --
"
10
subsection (1)(a) or no longer desirable for the purpose
referred to in subsection (1)(b) or (c)
".
(3) Section 7D(4) is amended as follows:
(a) by deleting the definition of "facilities" and inserting
15
instead --
"
"infrastructure", "maritime facilities" and "navigable
waters" have the same meanings as they have in the
Maritime Act 1999;
20
";
(b) in the definition of "provide" by inserting before
"establish" --
" construct, ".
page 6
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2
Repeal and amendment of legislation
Division 2
Amendments to Transport Co-ordination Act 1966
s. 11
11. Section 8 amended
(1) Section 8(1) is amended by deleting "the functions of the
Director General under this or any other Act" and inserting
instead --
"
5
traffic functions, transport functions or rail safety
functions
".
(2) Section 8(2)(a) is amended by inserting before "public" in both
places where it occurs --
10
" State ".
(3) Section 8(2) is amended by deleting "the functions of the
Director General under this or any other Act" and inserting
instead --
"
15
traffic functions, transport functions or rail safety
functions
".
(4) Section 8(3) is amended by deleting "the Minister to perform his
functions under this Act, or to assist in enabling the functions of
20
the Director General under this or any other Act" and inserting
instead --
"
traffic functions, transport functions or rail safety
functions
25
".
(5) Section 8(4) is repealed.
page 7
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2 Repeal and amendment of legislation
Division 2 Amendments to Transport Co-ordination Act 1966
s. 12
12. Section 10 inserted
After section 9 the following section is inserted --
"
10. Minister to have access to information
(1) The Minister is entitled --
5
(a) to have information in the possession of the
Director General; and
(b) where the information is in or on a document,
to have, and make and retain copies of, that
document.
10
(2) For the purposes of subsection (1) the Minister may --
(a) request the Director General to furnish
information to the Minister;
(b) request the Director General to give the
Minister access to information; and
15
(c) for the purposes of paragraph (b) make use of
the staff appointed, used or engaged under
section 8 to obtain the information and furnish
it to the Minister.
(3) The Director General is to comply with a request under
20
subsection (2) and make staff and facilities available to
the Minister for the purposes of paragraph (c) of that
subsection.
(4) In this section --
"document" includes any tape, disc or other device or
25
medium on which information is recorded or stored
mechanically, photographically, electronically or
otherwise;
page 8
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2
Repeal and amendment of legislation
Division 2
Amendments to Transport Co-ordination Act 1966
s. 13
"information" means information specified, or of a
description specified, by the Minister that relates to
the functions of the Director General.
".
13. Section 15 replaced
5
Section 15 is repealed and the following section is inserted
instead --
"
15. Delegation
(1) The Minister may, by instrument in writing, delegate to
10
any person any of the Minister's functions under this
Act or any other Act that the Department assists the
Minister to administer.
(2) In an instrument of delegation under subsection (1) to
the Director General the Minister may authorize the
15
Director General to subdelegate to any person any
function referred to in the instrument of delegation and,
where the Minister does so, section 59 of the
Interpretation Act 1984 and subsections (3) and (4)
apply to and in relation to the subdelegation as though
20
it were a delegation.
(3) The Director General may, by instrument in writing,
delegate to any person any of the Director General's
functions under this Act or any other Act, except this
power of delegation.
25
(4) A delegation under this section may be general or as
otherwise provided by the instrument of delegation.
".
page 9
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2 Repeal and amendment of legislation
Division 2 Amendments to Transport Co-ordination Act 1966
s. 14
14. Section 15A amended
Section 15A(1) is amended by deleting "carrying out his
functions under this Act or enabling the functions of the
Director General under this or any other Act" and inserting
instead --
5
" enabling transport functions or rail safety functions ".
15. Section 15B amended
(1) Section 15B(2) is amended as follows:
(a) by inserting after "General", in the first place where it
occurs --
10
" to ";
(b) in paragraph (a) by deleting "to" in the first place where
it occurs;
(c) after paragraph (j) by deleting the comma and inserting
a semicolon;
15
(d) after paragraph (k) by deleting the full stop and
inserting --
"
;
(l) administer, exercise and perform the powers
20
and duties necessary or convenient for the
control and regulation in the State of maritime
and port affairs and navigation;
(m) administer, exercise and perform the powers
and duties necessary or convenient for the
25
provision and regulation in the State of pilotage
services to the extent required by the Maritime
Act 1999;
(n) advise the Minister on maritime and port affairs;
page 10
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2
Repeal and amendment of legislation
Division 2
Amendments to Transport Co-ordination Act 1966
s. 15
(o) provide assistance and advice, when requested,
on matters concerned with the promotion and
development of a port (within the meaning of
the Port Authorities Act 1999) or a port or
maritime facility (within the meaning of the
5
Maritime Act 1999) and on proposals for, or
policy in respect of, capital expenditure on a
port or maritime facility;
(p) regulate, control, and promote measures
desirable to ensure the safety of life in
10
connection with shipping and boating; and
(q) carry out such other duties relating to matters
associated with or affecting maritime and port
affairs as the Minister directs.
".
15
(2) After section 15B(2) the following subsection is inserted --
"
(3) As well as the functions referred to in subsections (1)
and (2), the Director General also has the functions
conferred on the Director General under --
20
(a) the Maritime Act 1999;
(b) the Rail Safety Act 1998;
(c) the Control of Vehicles (Off-road Areas)
Act 1978;
(d) the Motor Vehicle Drivers Instructors
25
Act 1963;
(e) the Motor Vehicle (Third Party Insurance)
Act 1943; and
(f) the Road Traffic Act 1974.
".
30
page 11
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2 Repeal and amendment of legislation
Division 2 Amendments to Transport Co-ordination Act 1966
s. 16
16. Section 15C amended
(1) Section 15C(1) is repealed and the following subsection is
inserted instead --
"
(1) The Minister, on the recommendation of the Director
5
General, may enter into an agreement with any person
or body providing for such of the transport functions or
rail safety functions of the Director General as are set
out in the agreement to be performed for and on behalf
of the Director General.
10
".
(2) Section 15C(2) is amended as follows:
(a) by inserting before "functions" --
" traffic ";
(b) by deleting "under the Acts referred to in
15
subsection (1)".
(3) Section 15C(3), (4) and (5) are amended by deleting
"subsection (2)" and, in each case, inserting instead --
" this section ".
[Note: The headnote to section 15C will be altered to read "Minister
20
may make arrangements as to performance of Director General's
functions".]
17. Sections 15D to 15K inserted
After section 15C the following sections are inserted --
"
25
15D. Minister may make arrangements as to performance
of Minister's transport or rail safety functions
(1) The Minister may enter into an agreement with any
person or body providing for such of the transport
page 12
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2
Repeal and amendment of legislation
Division 2
Amendments to Transport Co-ordination Act 1966
s. 17
functions or rail safety functions of the Minister as are
set out in the agreement to be performed for and on
behalf of the Minister.
(2) A function set out in an agreement under this section
may be performed --
5
(a) in accordance with the agreement; and
(b) on and subject to such terms and conditions as
are set out in the agreement.
(3) Where the performance of a function set out in an
agreement under this section is dependent upon the
10
opinion, belief, or state of mind of the Minister it may,
subject to the agreement, be performed upon the
opinion, belief, or state of mind of the body or person
with whom the agreement is made or another person
provided for in the agreement.
15
(4) For the purposes of this Act or any other written law,
an act or thing done by, to, by reference to, or in
relation to, a body or person in connection with the
performance by that body or person of a function of the
Minister under an agreement under this section is as
20
effectual as it would be if it were done by, to, by
reference to, or in relation to, the Minister.
15E. Minister may enter into or participate in
agreements and business arrangements
(1) The Minister may, for the purpose of performing
25
transport functions or rail safety functions --
(a) enter into any agreement, arrangement (other
than a business arrangement) or transaction,
financial or otherwise, that the Minister thinks
is expedient;
30
page 13
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2 Repeal and amendment of legislation
Division 2 Amendments to Transport Co-ordination Act 1966
s. 17
(b) with the approval of the Treasurer, participate
in a business arrangement.
(2) For the purposes of subsection (1)(b) the Minister may
acquire, hold and dispose of shares, units or other
interests in, or debentures or other securities of, a
5
business arrangement.
(3) In this section --
"business arrangement" means proprietary limited
company, partnership, trust, joint venture or
arrangement for sharing profits.
10
15F. Minister may enter contracts and arrangements for
works and services
(1) The Minister may enter into contracts or arrangements
with any person, including a State public authority, for
the erection, construction or execution of any work
15
permitted or authorized to be erected, constructed or
executed by the Minister, or for furnishing materials or
labour, or for the purchase or construction of
machinery or appliances of any kind, or for the supply
of other services, and any other contracts or
20
arrangements necessary for the purpose of carrying out
traffic functions, transport functions or rail safety
functions.
(2) A contract or arrangement entered into by the Minister
under subsection (1) with a State public authority is to
25
be on such conditions and financial terms as may be
agreed between the parties.
page 14
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2
Repeal and amendment of legislation
Division 2
Amendments to Transport Co-ordination Act 1966
s. 17
15G. Compulsory acquisition of land
Subject to this Act, where any land is required for the
purposes of this Act, that land may be entered upon,
surveyed and taken under the powers contained in and
in accordance with the procedure set out in Part 9 of
5
the Land Administration Act 1997.
15H. Exemption from rates and taxes
(1) Subject to subsection (2), all land held by the Minister
under this Act is exempt from any rate, tax or
imposition that might, but for this section, be lawfully
10
levied or imposed by or under any Act.
(2) Nothing in subsection (1) precludes a local
government, or other statutory authority from levying
and collecting rates and other lawful charges in respect
of land, houses and buildings of the Minister that are
15
for the time being let or occupied for private purposes.
15I. Leases of property held by the Minister
(1) The Minister may grant a lease of land or other
property vested in the Minister under this Act --
(a) for purposes falling within the purposes of this
20
Act or relating to traffic functions or transport
functions; or
(b) for such other purposes including --
(i) the use of the land or property for
community activities; and
25
(ii) the commercial development of the land
or property by any person,
as the Minister thinks fit.
page 15
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2 Repeal and amendment of legislation
Division 2 Amendments to Transport Co-ordination Act 1966
s. 17
(2) Subsection (1) extends to managed land as defined in
section 15J.
(3) A lease may be granted for such term and on such
terms and conditions, including a right of renewal, as
the Minister thinks fit.
5
(4) Where a development to which the proposed lease
relates is required to be approved under section 50 of
the Swan River Trust Act 1988 or under the
Metropolitan Region Scheme made under the
Metropolitan Region Town Planning Scheme Act 1959
10
a lease cannot be granted under this section --
(a) unless that approval has been granted; or
(b) on any term or condition that is contrary to or
inconsistent with an approval so granted.
(5) This section does not limit the operation of section 7D.
15
15J. Power to acquire and hold property
(1) The Minister may, for the purpose of performing
transport functions, acquire, hold, give security over, or
dispose of real and personal property (including
disposal for the purpose of subsequently acquiring the
20
same property or any part of, or interest in, the
property).
(2) Subsection (1) does not authorize the Minister to sell
Crown land.
(3) The Minister does not have to get approval under
25
section 18 of the Land Administration Act 1997 in
order to --
(a) grant a lease of managed land under
section 15I; or
page 16
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2
Repeal and amendment of legislation
Division 2
Amendments to Transport Co-ordination Act 1966
s. 18
(b) create or deal with any other interest in respect
of managed land.
(4) In this section --
"acquire" includes taking on lease or licence or in any
other manner in which an interest in property may be
5
acquired;
"Crown land" has the same meaning as it has in the
Land Administration Act 1997;
"dispose of" includes dispose by way of lease, licence or
bailment or in any other manner in which an interest
10
in property may be disposed of;
"managed land" means land the care, control and
management of which is placed with the Minister
under section 46 of the Land Administration
Act 1997 for transport, maritime or port purposes and
15
includes land referred to in section 27(3)of the
Maritime and Transport Legislation Amendment and
Repeal Act 1999;
"sell" means convey and transfer, in fee simple or for a
lesser estate, for consideration or by way of
20
exchange, and includes grant an option to purchase
or a right of first refusal to purchase.
15K. Powers are in addition to Division 4
In relation to the functions mentioned in Division 4, the
provisions of this Division are additional to those of
25
Division 4.
".
18. Section 18 repealed
Section 18 is repealed.
page 17
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 2 Repeal and amendment of legislation
Division 2 Amendments to Transport Co-ordination Act 1966
s. 19
19. Section 47F amended
Section 47F is amended by deleting "Western Australian
Marine Act 1982" and inserting instead --
" Maritime Act 1999 ".
20. Section 62 amended
5
After section 62(3)(b) the following paragraph is inserted --
"
(ba) costs incurred by the Department in collecting
and providing information to assist in the
management of the maritime environment;
10
".
page 18
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 3
Transitional provisions
s. 21
Part 3 -- Transitional provisions
21. Application of the Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 (for example
sections 16(1), 36 and 38) about the repeal of written laws and
the substitution of other written laws for those so repealed apply
5
to the repeal of an Act mentioned in Schedule 1 as if that Act
were repealed by --
(a) the Maritime Act 1999; or
(b) in the case of the Marine and Harbours Act 1981, the
Maritime Act 1999 and the Transport Co-ordination
10
Act 1966 as amended by Part 2 Division 2.
(2) The other provisions of this Part are additional to the
provisions applied by subsection (1) and, except in the case
of sections 25(2) and 26(3), do not affect the operation of the
provisions applied by subsection (1).
15
22. Jetty licences
After the commencement of section 3 a licence under section 7
of the Jetties Act 1926, or an application for a licence under that
section, is to be regarded as a licence under section 47 of the
Maritime Act 1999, or an application for a licence under that
20
section.
23. Harbour masters
After the commencement of section 3 a person appointed under
section 4(a) of the Shipping and Pilotage Act 1967 to be the
harbour master of a port is to be regarded as having been
25
appointed under section 35 of the Maritime Act 1999 to be the
harbour master of that port.
page 19
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 3 Transitional provisions
s. 24
24. Pilots
After the commencement of section 3 a person appointed under
section 4(b) of the Shipping and Pilotage Act 1967 to be a pilot
at a port is to be regarded as having been approved under
section 71 of the Maritime Act 1999 as a pilot for that port.
5
25. Mooring control areas
(1) After the commencement of section 3 a mooring control area
declared under section 10 of the Shipping and Pilotage Act 1967
is to be regarded as being a mooring control area declared under
section 55 of the Maritime Act 1999.
10
(2) Subject to subsection (1), section 21 does not apply in relation
to section 10 of the Shipping and Pilotage Act 1967 or any
declaration made or other thing done under it.
26. Mooring licences
(1) After the commencement of section 3 a licence granted under
15
section 65 of the Western Australian Marine Act 1982, other
than a mooring licence granted in accordance with the Mooring
Regulations 1998, is to be regarded as being a mooring area
licence issued under section 57 of the Maritime Act 1999.
(2) After the commencement of section 3 a mooring that was,
20
immediately before that commencement --
(a) on a mooring site registered under the Mooring
Regulations 1998; and
(b) installed in accordance with any conditions in the
relevant mooring licence issued in accordance with the
25
Mooring Regulations 1998,
is to be regarded as being --
(c) on a mooring site registered under; and
page 20
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 3
Transitional provisions
s. 27
(d) installed in accordance with,
regulations made under the Maritime Act 1999.
(3) Subject to subsections (1) and (2), section 21 does not apply in
relation to section 65 of the Western Australian Marine
Act 1982 or licences granted under it.
5
27. Minister for Transport: merger of corporate status and
continuation of vesting of property
(1) On and from the commencement of section 3 the body corporate
formerly established under section 8 of the Marine and
Harbours Act 1981 retains its rights and obligations but is
10
merged with, and has the same corporate identity as, the body
corporate established under section 7 of the Transport
Co-ordination Act 1966.
(2) Without limiting subsection (1), on and from the commencement
of section 3 real or personal property of any kind vested in, or held
15
by, the body corporate formerly established under section 8 of the
Marine and Harbours Act 1981 is vested in, or is to be held by, the
body corporate established under section 7 of the Transport
Co-ordination Act 1966 --
(a) for the purposes of the Maritime Act 1999;
20
(b) for the purposes of the Geraldton Foreshore and Marina
Development Act 1990 in the case of land referred to in
section 9 of that Act; or
(c) for other maritime or port purposes.
(3) Despite subsection (2), Crown land vested under section 9 of the
25
Marine and Harbours Act 1981 is to be regarded, after the
commencement of section 3 --
(a) as having been reserved under section 41 of the Land
Administration Act 1997 for the purposes of the Maritime
Act 1999 and other maritime or port purposes; and
30
page 21
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 3 Transitional provisions
s. 28
(b) as being the subject of an order under section 46(1) of
the Land Administration Act 1997 placing the care,
control and management of the land with the body
corporate established under section 7 of the Transport
Co-ordination Act 1966.
5
28. Agreements relating to maritime structures
(1) In this section --
"construction agreement" means an agreement (including a
Government agreement) entered into before commencement
of section 3 between the State and another person (the
10
"contractor") for the construction and maintenance of a
maritime structure or group of maritime structures;
"State agreement" means an agreement --
(a) to which the State is a party; and
(b) which is ratified by an Act or the execution of which
15
is authorized or approved by an Act.
(2) If the maritime structure or group of maritime structures to
which a construction agreement relates --
(a) constitutes a port named in Schedule 1 to the Maritime
Act 1999; or
20
(b) is declared to be a maritime facility under section 9 of
the Maritime Act 1999,
the Minister may by notice published in the Gazette declare that
the Maritime Act 1999 applies in relation to the construction
agreement, with such modifications as are necessary or as are
25
mentioned in the notice, as if --
(c) the contractor had been appointed to operate the port or
maritime facility; and
page 22
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Part 3
Transitional provisions
s. 29
(d) the construction agreement were an appointment
agreement,
under Part 2 Division 2 of the Maritime Act 1999.
(3) If there is an inconsistency between a State agreement and the
Maritime Act 1999 as applied by a notice under subsection (2),
5
the State agreement prevails.
(4) Subject to subsection (3), a notice under subsection (2) has
effect according to its terms.
29. Trust accounts
After the commencement of section 3, moneys standing to the
10
credit of an account established under section 14 of the Marine
and Harbours Act 1981 in relation to particular services are to
stand to the credit of an operating account established under
section 15B of the Financial Administration and Audit Act 1985
in relation to those services.
15
page 23
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 1 Acts repealed
Schedule 1 -- Acts repealed
[s. 3]
Harbours and Jetties Act 1928
Jetties Act 1926
Lights (Navigation Protection) Act 1938
5
Marine and Harbours Act 1981
Marine Navigational Aids Act 1973
Pilots' Limitation of Liability Act 1962
Shipping and Pilotage Act 1967
Western Australian Marine Act 1982
10
Western Australian Marine Amendment Act 1987
Western Australian Marine Amendment Act 1990
page 24
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2
Consequential and miscellaneous amendments to Acts
Schedule 2 -- Consequential and miscellaneous
amendments to Acts
[s. 4]
1. Constitution Acts Amendment Act 1899 amended
Schedule V Part 3 to the Constitution Acts Amendment Act 1899* is
5
amended by deleting --
"
The Western Australia Marine Manning Committee
established by the Western Australian Marine
Act 1982.
10
".
[* Reprinted as at 15 April 1999.
For subsequent amendments see Act No. 26 of 1999.]
2. Disposal of Uncollected Goods Act 1970 amended
The Schedule to the Disposal of Uncollected Goods Act 1970* is
15
amended as follows:
(a) by deleting "45 of 1926 Jetties Act, 1926." and inserting
instead --
" Maritime Act 1999 ";
(b) by deleting "17 of 1967 Shipping and Pilotage Act, 1967.".
20
[* Act No. 121 of 1970.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 71-2, and Acts Nos. 5 and 16
of 1999.]
3. Environmental Protection Act 1986 amended
25
Section 3(1) of the Environmental Protection Act 1986* is amended
as follows:
(a) in paragraph (c) of the definition of "driver" by deleting
"Western Australian Marine Act 1982" and inserting instead --
Maritime Act 1999 ";
"
30
page 25
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2 Consequential and miscellaneous amendments to Acts
(b) in paragraph (b) of the definition of "owner" by deleting
"Western Australian Marine Act 1982" and inserting
instead --
Maritime Act 1999 ";
"
(c) in the definition of "vessel" by deleting "Western Australian
5
Marine Act 1982" and inserting instead --
Maritime Act 1999 ".
"
[* Reprinted as at 16 April 1999.]
4. Geraldton Foreshore and Marina Development Act 1990 amended
The Geraldton Foreshore and Marina Development Act 1990* is
10
amended as follows:
(a) in section 3(1) in the definition of "The Minister for
Transport" by deleting "of that title established under the
Marine and Harbours Act 1981" and inserting instead --
"
15
established under section 7(1) of the Transport
Co-ordination Act 1966
";
(b) in section 9(3) by deleting "Sections 11 and 19 of the Marine
and Harbours Act 1981" and inserting instead --
20
"
Section 15H of the Transport Co-ordination Act 1966
";
page 26
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2
Consequential and miscellaneous amendments to Acts
(c) after section 9(3) the following subsection is inserted --
"
(4) Land referred to in subsection (3) is to be regarded as
being a departmental area for the purposes of the
Maritime Act 1999.
5
".
[* Act No. 44 of 1990.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 103-4.]
5. Land Administration Act 1997 amended
10
The Land Administration Act 1997* is amended as follows:
(a) in section 159(f) by deleting "Marine and Harbours
Act 1981" and inserting instead --
Maritime Act 1999 ";
"
(b) in section 160(1)(f) by deleting "Marine and Harbours
15
Act 1981" and inserting instead --
Maritime Act 1999 ".
"
[* Act No. 30 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 136, and Act No. 26 of 1999.]
20
6. Litter Act 1979 amended
Section 26(2)(c)(ix) of the Litter Act 1979* is deleted and the
following subparagraph is inserted instead --
"
(ix) an authorized officer, under the
25
Maritime Act 1999;
".
[* Reprinted as at 4 January 1999.]
page 27
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2 Consequential and miscellaneous amendments to Acts
7. Mining Act 1978 amended
The Mining Act 1978* is amended as follows:
(a) in section 24A(3) and (6) by deleting "marine" and inserting
instead --
maritime ";
"
5
(b) in section 24A(9) in the definition of "marine Minister" --
(i) by deleting "marine" and inserting instead --
maritime ";
"
(ii) by deleting "Marine and Harbours Act 1981" and
inserting instead --
10
Maritime Act 1999 ";
"
(c) in section 25(2)(b) by deleting "Marine and Harbours
Act 1981" and inserting instead --
Maritime Act 1999 ".
"
[* Reprinted as at 26 July 1999.]
15
8. Pollution of Waters by Oil and Noxious Substances Act 1987
amended
The Pollution of Waters by Oil and Noxious Substances Act 1987* is
amended as follows:
(a) in section 3(1) in the definition of "harbour master" by
20
deleting "section 4 of the Shipping and Pilotage Act 1967"
and inserting instead --
section 35 of the Maritime Act 1999 ";
"
(b) in section 3(1) in the definition of "inspector" by deleting
"inspector for the purposes of the Western Australian Marine
25
Act 1982" and inserting instead --
"
authorized officer for the purposes of the Maritime
Act 1999
";
30
page 28
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2
Consequential and miscellaneous amendments to Acts
(c) in section 3(1) by deleting the definitions of "pleasure vessel"
and "trading ship" and inserting instead --
"
"recreational vessel" means a vessel held wholly for the
purpose of recreational or sporting activities and not
5
for hire or reward;
"trading ship" means a ship that is used for, or in
connection with, any business or commercial activity
and includes a vessel that is used wholly or
principally for --
10
(a) the carriage of passengers or cargo for hire
or reward; or
(b) the provision of services to ships or shipping,
whether for reward or otherwise,
but does not include an Australian fishing vessel.
15
";
(d) in section 8(6)(a)(v), (b)(iv), (e)(iii) and (g)(iii) by deleting
"by regulations made by virtue of section 90B of the Western
Australian Marine Act 1982 or";
(e) in section 13(1)(c) by deleting "pleasure" and inserting
20
instead --
recreational ".
"
[* Act No. 14 of 1987.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 197.]
25
page 29
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2 Consequential and miscellaneous amendments to Acts
9. Port Authorities Act 1999 amended
The Port Authorities Act 1999* is amended as follows:
(a) in section 95(1), after the definition of "approved", by
inserting the following definition --
"
5
"certificated" means holding a valid certificate of
competency (within the meaning of the Maritime
Act 1999) as a pilot for the port;
";
(b) in section 96(1) by deleting "competent and suitably
10
qualified" and inserting instead --
certificated ";
"
(c) after section 96(3) by inserting the following subsection --
"
(3a) The approval of a person under subsection (1)
15
ceases to have effect if the person ceases to be
certificated.
".
[* Act No. 22 of 1999.]
10. Public Works Act 1902 amended
20
The Public Works Act 1902* is amended as follows:
(a) in section 5A(g) by deleting "Marine and Harbours
Act 1981" and inserting instead --
"
Transport Co-ordination Act 1966 and the
25
Maritime Act 1999
";
page 30
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2
Consequential and miscellaneous amendments to Acts
(b) in section 5B(1)(e) by deleting "Marine and Harbours
Act 1981" and inserting instead --
"
Transport Co-ordination Act 1966 and the
Maritime Act 1999
5
".
[* Reprinted as at 27 August 1999.]
11. Rottnest Island Authority Act 1987 amended
Section 13(3)(b) of the Rottnest Island Authority Act 1987* is
amended by deleting "Marine and Harbours Act 1981" and inserting
10
instead --
Maritime Act 1999 ".
"
[* Act No. 91 of 1987.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 221.]
15
12. Sentencing Act 1995 amended
Section 107(1), (3) and (4) of the Sentencing Act 1995* are amended
by deleting "Western Australian Marine Act 1982" and inserting
instead --
Maritime Act 1999 ".
"
20
[* Reprinted as at 16 April 1999.]
13. Swan River Trust Act 1988 amended
The Swan River Trust Act 1988* is amended as follows:
(a) in section 5(1)(c)(ii) by deleting "in the Port of Perth";
page 31
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2 Consequential and miscellaneous amendments to Acts
(b) in section 12(1)(d) by deleting "Marine and Harbours
Act 1981" and inserting instead --
Maritime Act 1999 ".
"
[* Reprinted as at 10 September 1999.]
14. Unclaimed Money Act 1990 amended
5
After section 9(1)(h) of the Unclaimed Money Act 1990* the
following paragraph is inserted --
"
(ha) which is not for the time being disbursable
prescribed retained money and represents the
10
net proceeds of a sale of property authorized by
the Maritime Act 1999 is, or is liable to be, paid
to the Treasurer;
".
[* Act No. 31 of 1990.
15
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 259, and Acts Nos. 5 and 26 of
1999.]
15. Waterways Conservation Act 1976 amended
Section 48(5a)(b) of the Waterways Conservation Act 1976* is
20
amended by deleting "Western Australian Marine Act 1948" and
inserting instead --
" Maritime Act 1999 ".
[* Reprinted as at 1 March 1996.
For subsequent amendments see 1998 Index to Legislation of
25
Western Australia, Table 1, p. 268.]
page 32
Maritime and Transport Legislation Amendment and Repeal Bill 1999
Schedule 2
Consequential and miscellaneous amendments to Acts
16. Western Australian Marine (Sea Dumping) Act 1981
The Western Australian Marine (Sea Dumping) Act 1981* is amended
as follows:
(a) in section 2 in the definition of "inspector" by deleting
paragraph (b) and inserting the following paragraph
5
instead --
"
(b) a person who is an inspector by force of
section 21;
";
10
(b) in section 2 in paragraph (i) of the definition of "port waters"
by deleting "Shipping and Pilotage Act 1967" and inserting
instead --
Maritime Act 1999 ";
"
(c) in section 14(8)(b)(i) by deleting "Shipping and Pilotage
15
Act 1967" and inserting instead --
Maritime Act 1999 ";
"
(d) by deleting section 21(b) and inserting the following
paragraph instead --
"
20
(b) an authorized officer as defined by the
Maritime Act 1999,
".
[* Act No. 111 of 1981.
For subsequent amendments see 1998 Index to Legislation of
25
Western Australia, Table 1, p. 271.]
page 33
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