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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Ports and Marine Legislation Amendment
Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Port Authorities Act 1999
amended
3. The Act amended 3
4. Section 25 amended and saving 3
5. Section 27A inserted 3
6. Section 30 amended 4
7. Part 7 Divisions 6 and 7 inserted 4
8. Section 131 amended 7
9. Schedule 7 amended 7
Part 3 -- Pollution of Waters by Oil and
Noxious Substances Act 1987
amended
10. The Act amended 8
11. Section 3 amended 8
12. Section 6 amended 8
13. Section 27 amended 9
14. Section 28 amended 10
171--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Ports and Marine Legislation Amendment
Bill 2003
A Bill for
An Act to amend the --
· Port Authorities Act 1999; and
· Pollution of Waters by Oil and Noxious Substances Act 1987,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Ports and Marine Legislation Amendment Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Ports and Marine Legislation
Amendment Act 2003.
5 2. Commencement
(1) This Act, other than sections 5, 6 and 7, comes into operation on
the day on which it receives the Royal Assent.
(2) Sections 5 and 6 are deemed to have come into operation on
14 August 1999.
10 (3) Section 7 comes into operation on a day to be fixed by
proclamation.
page 2
Ports and Marine Legislation Amendment Bill 2003
Port Authorities Act 1999 amended Part 2
s. 3
Part 2 -- Port Authorities Act 1999 amended
3. The Act amended
The amendments in this Part are to the Port Authorities
Act 1999*.
5 [* Act No. 22 of 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 295, and Act No. 20 of 2002.]
4. Section 25 amended and saving
(1) Section 25(1)(b) is deleted and the following paragraph is
10 inserted instead --
"
(b) all navigational aids that, immediately before
the coming into operation of section 4 of the
Ports and Marine Legislation Amendment
15 Act 2003 --
(i) were in the port, or used in connection
with navigation into or out of the port;
and
(ii) belonged to the State;
20 ".
(2) The amendment made by subsection (1) does not affect the
operation of the Port Authorities (Withdrawal and Revesting of
Property) Order 2000 published in the Gazette on 2 June 2000.
5. Section 27A inserted
25 After section 27 the following section is inserted --
"
27A. Creating interests in land
The power of a port authority to grant easements,
leases or licences in respect of port land extends to
page 3
Ports and Marine Legislation Amendment Bill 2003
Part 2 Port Authorities Act 1999 amended
s. 6
easements, leases or licences for any purposes the port
authority thinks fit.
".
6. Section 30 amended
5 Section 30(2) is amended after paragraph (a) by deleting "or"
and inserting --
"
(aa) to use or exploit its fixed assets for profit so
long as the proper performance of its functions
10 under subsection (1) is not affected; or
".
7. Part 7 Divisions 6 and 7 inserted
After section 114 the following Divisions are inserted in
Part 7 --
15 "
Division 6 -- Powers of police officers and
others
114A. Police officers and others may enter vessels and
conduct examinations and enquiries
20 (1) An authorised officer may at any time enter a vessel in
a port and conduct any examination or enquiry that the
authorised officer considers necessary to determine
whether there has been compliance with this Act.
(2) In this section --
25 "authorised officer" means --
(a) a police officer; or
(b) a member of staff of the port authority, or
another person, authorised by the port
authority for the purposes of this section.
page 4
Ports and Marine Legislation Amendment Bill 2003
Port Authorities Act 1999 amended Part 2
s. 7
Division 7 -- Protection from liability
114B. Immunity from liability for damage to vessels
(1) Without limiting any other provision of this Part, a port
authority is not liable for any loss or damage caused to
5 a vessel in its port.
(2) Without limiting subsection (1) or any other provision
of this Part, a port authority is not liable for any loss or
damage caused to a vessel in its port --
(a) that results from --
10 (i) the master of the vessel complying with
a direction given in good faith; or
(ii) a thing done or omitted to be done in
good faith in respect of the vessel,
by the harbour master or a member of the staff
15 of the port authority; or
(b) that results from a defect in a mooring,
anchorage or berth, or anything else, provided
by the port authority.
114C. Immunity from liability for damaged goods
20 (1) A port authority is not liable for any loss or damage
caused to any goods that a person (other than the port
authority) --
(a) loads on to or unloads from a vessel at the port;
or
25 (b) stores at the port.
(2) The port authority does not become liable for any loss
or damage caused to any goods referred to in
subsection (1)(b) stored in an uncovered or unprotected
manner at the port because the port authority provides,
30 or attempts to provide, any temporary cover or
protection for those goods.
page 5
Ports and Marine Legislation Amendment Bill 2003
Part 2 Port Authorities Act 1999 amended
s. 7
114D. Immunity from liability for delay in delivery of
goods
A port authority is not liable for any loss caused by or
relating to a delay in the delivery of any goods loaded
5 on to or unloaded from a vessel at the port.
114E. Immunity from liability for certain events and
actions
(1) A port authority is not liable for any loss or damage
resulting from an event outside the control of the port
10 authority, including --
(a) an act of God;
(b) an act of war;
(c) an act of public enemies;
(d) any insurrection, revolution or civil disorder;
15 (e) the unlawful seizure or control of any people or
any vessels, vehicles or other property;
(f) any industrial disputes of any kind, including
strikes, lockouts, stoppages or restraints of
labour (whether partial or general) from any
20 cause; or
(g) the use for the purpose of war or defence, or
training or preparation for war or defence, of
any port facilities or other property of the port
authority.
25 (2) A port authority is not liable for any loss or damage
resulting from any action taken or caused to be taken
by the port authority under section 27 or 28 of the
Pollution of Waters by Oil and Noxious Substances
Act 1987.
30 ".
page 6
Ports and Marine Legislation Amendment Bill 2003
Port Authorities Act 1999 amended Part 2
s. 8
8. Section 131 amended
Section 131(2) is amended after paragraph (a) by deleting "or"
and inserting --
"
5 (aa) obstructs, impedes or interferes with --
(i) port facilities or other property of a port
authority; or
(ii) the operation of port facilities or other
property of a port authority;
10 (ab) causes a nuisance in a port; or
".
9. Schedule 7 amended
Schedule 7 item 39 is deleted and the following item is inserted
instead --
15 "
39. The protection of port facilities or other property of a port
authority.
".
page 7
Ports and Marine Legislation Amendment Bill 2003
Part 3 Pollution of Waters by Oil and Noxious Substances Act 1987
amended
s. 10
Part 3 -- Pollution of Waters by Oil and Noxious
Substances Act 1987 amended
10. The Act amended
The amendments in this Part are to the Pollution of Waters by
5 Oil and Noxious Substances Act 1987*.
[* Reprinted as at 12 October 2001.]
11. Section 3 amended
(1) Section 3(1) is amended in the definition of "harbour master" by
deleting "22 of the Ports (Functions) Act 1993" and inserting
10 instead --
" 102 of the Port Authorities Act 1999 ".
(2) Section 3(1) is amended by inserting in the appropriate
alphabetical position the following definition --
"
15 "port authority" means a port authority established
under the Port Authorities Act 1999;
".
12. Section 6 amended
After section 6(3) the following subsection is inserted --
20 "
(4) Without limiting subsection (1), a delegation under that
subsection may be made to a port authority and, in that
case, the port authority is authorised to exercise the
power or powers so delegated.
25 ".
page 8
Ports and Marine Legislation Amendment Bill 2003
Pollution of Waters by Oil and Noxious Substances Act 1987 Part 3
amended
s. 13
13. Section 27 amended
(1) Section 27(1) is amended as follows:
(a) by inserting before "the appropriate authority" --
"
5 or the appropriate authority is of the opinion that there
is a probability of such a discharge occurring,
";
(b) in paragraph (e) by deleting "dispose" and inserting
instead --
10 " disperse ".
(2) Section 27(2) is amended as follows:
(a) in paragraph (a) by deleting "from which the discharge
occurred" and inserting instead --
" concerned ";
15 (b) in paragraph (b) by deleting "on land from which the
discharge occurred" and inserting instead --
" concerned ";
(c) in paragraph (c) by deleting "from which the discharge
occurred" and inserting instead --
20 " concerned ".
(3) Section 27(3)(b) is amended by deleting "the discharge" and
inserting instead --
" a discharge ".
(4) Section 27(5) is amended as follows:
25 (a) in paragraph (a) by inserting after "occurs" --
" or is anticipated ";
(b) in paragraph (a) by deleting "established under an Act";
(c) in paragraph (b) by inserting after "occurs" --
" or is anticipated ".
page 9
Ports and Marine Legislation Amendment Bill 2003
Part 3 Pollution of Waters by Oil and Noxious Substances Act 1987
amended
s. 14
14. Section 28 amended
(1) Section 28(1) is repealed and the following subsections are
inserted instead --
"
5 (1) Where a discharge occurs into State waters from a ship
or from transfer apparatus, or the appropriate authority
is of the opinion that there is a probability of such a
discharge occurring, the appropriate authority may take
or cause to be taken such action as it thinks fit --
10 (a) to prevent or limit the discharge;
(b) to disperse or contain the substance or mixture
that has been discharged;
(c) to remove any liquid substance or mixture
containing a liquid substance from waters or
15 land affected by the discharge; or
(d) to minimize the damage from pollution
resulting from or likely to result from the
discharge.
(1a) In subsection (1) --
20 "discharge" means a discharge of a liquid substance,
or of a mixture containing a liquid substance,
being a substance or mixture carried as cargo or
part cargo in bulk;
"transfer apparatus" means apparatus used for
25 transferring liquid substances or mixtures
containing liquid substances from or to any ship.
".
(2) Section 28(2) is amended as follows:
(a) in paragraph (a) by deleting "from which the discharge
30 occurred" and inserting instead --
" concerned ";
page 10
Ports and Marine Legislation Amendment Bill 2003
Pollution of Waters by Oil and Noxious Substances Act 1987 Part 3
amended
s. 14
(b) in paragraph (b) by deleting "from which the discharge
occurred" and inserting instead --
" concerned ".
(3) Section 28(4)(b) is amended by deleting "the discharge" and
5 inserting instead --
" a discharge ".
(4) Section 28(6) is amended as follows:
(a) in paragraph (a) by inserting after "occurs" --
" or is anticipated ";
10 (b) in paragraph (a) by deleting "established under an Act";
(c) in paragraph (b) by inserting after "occurs" --
" or is anticipated ".
page 11
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