PORT AUTHORITIES ACT 1999

Western Australian Consolidated Acts

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PORT AUTHORITIES ACT 1999

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used in this Act

PART 2 -- Port authorities: establishment and administration

Division 1 -- Establishment of port authorities

4. Port authorities established
5. Port authorities are not agents of the Crown
6. Port authority and officers not part of public sector

Division 2 -- Boards of directors

7. Port authority to have a board of directors
8. The role of boards
9. Provisions about the constitution and proceedings of boards
10. Remuneration of directors
11. Conflict of duties
12. Disclosure of material personal interests
13. Committees

Division 3 -- Staff

14. Chief executive officer
15. Role of CEO
16. Staff
17. Minimum standards for staff management
18. Reports to Commissioner for Public Sector Standards
19. Superannuation

Division 4 -- Conduct and integrity of staff

20. Duties of CEO and staff
21. Codes of conduct
22. Reports to Commissioner for Public Sector Standards
23. Reports to Minister

PART 3 -- Port areas and property of port authorities

24. Port areas
25. Property of a port authority
26. Port property may be taken back by the Crown
27. Restrictions on power to sell land
27A. Creating interests in land
28. Creating and dealing with interests in vested land
29. Disputes between a port authority and Crown

PART 4 -- Functions and powers

Division 1 -- Functions, powers and related provisions

30. Functions
31. Port authorities can act at their discretion
32. Control of the port
33. Duty to act in accordance with policy instruments
34. Duty to act on commercial principles
35. Powers generally
36. Extended powers relating to facilities and services
37. Power to levy fees and charges
38. How planning and building requirements apply to port authorities
39. Subsidiaries
40. Transactions that require Ministerial approval
41. Exemptions from section 40
42. Meaning of “transaction”
43. Minister to be consulted on major initiatives
44. Delegation

Division 2 -- Protection of people dealing with port authorities

45. People dealing with port authorities may make assumptions
46. Third parties may make assumptions
47. Assumptions that may be made
48. Exception to sections 45 and

PART 5 -- Provisions about accountability

Division 1 -- Strategic development plans

49. Draft strategic development plan to be submitted to Minister
50. Period to which strategic development plan relates
51. Matters to be included in strategic development plan
52. Strategic development plan to be agreed if possible
53. Minister’s powers in relation to draft strategic development plan
54. Strategic development plan pending agreement
55. Minister’s agreement to draft strategic development plan
56. Modifications of strategic development plan
57. Concurrence of Treasurer

Division 2 -- Statement of corporate intent

58. Draft statement of corporate intent to be submitted to Minister
59. Period to which statement of corporate intent relates
60. Matters to be included in statement of corporate intent
61. Statement of corporate intent to be agreed if possible
62. Minister’s powers in relation to draft statement of corporate intent
63. Statement of corporate intent pending agreement
64. Minister’s agreement to draft statement of corporate intent
65. Modifications of statement of corporate intent
66. Concurrence of Treasurer

Division 3 -- Reporting requirements

67. Half-yearly reports
68. Annual reports
69. Contents of annual reports
70. Deletion of commercially sensitive matters from reports

Division 4 -- Ministerial directions, general provisions

71. Directions to port authority
72. Minister may give directions
73. When directions take effect

Division 5 -- Consultation and provision of information

74. Consultation
75. Minister to have access to information
76. Minister to be kept informed
77. Notice of financial difficulty

Division 6 -- Protection from liability

78. No liability for things done under this Part

PART 6 -- Financial provisions

Division 1 -- General

79. Bank account
80. Investment
81. Exemption from rates

Division 2 -- Payments to State

82. Payment of amount in lieu of rates
83. Determination of amounts under section 82
84. Dividends

Division 3 -- Borrowing

85. Borrowing
86. Borrowing limits
87. Hedging transactions

Division 4 -- Guarantees

88. Guarantees
89. Charges for guarantee

Division 5 -- Financial administration and audit

90. Limited application of Financial Management Act 2006 or Auditor General Act 2006
91. Financial administration and audit

Division 6 -- Financial targets

92. Annual financial targets

PART 7 -- Navigation and port matters

Division 1 -- Navigational aids

93. Port authority may provide navigational aids
94. Interference with navigational aids

Division 2 -- Pilotage

95. Terms used in, and application of, this Division
96. Port authority to approve pilots and ensure that pilotage services are available
97. Pilotage compulsory in ports
98. Pilot under authority of master
99. Liability of owner or master of a vessel
100. Immunity from liability for pilot’s negligence

Division 3 -- Harbour masters

101. Port includes other declared areas
102. Appointment
103. Principal and other functions
104. Directions to masters etc.
105. Directions as to dangerous things
106. Limit on power to order removal of vessels or dangerous things
107. Removal of ownerless vessels or dangerous things
108. Offence of not obeying direction
109. Powers if direction not obeyed
110. Recovery of costs
111. Immunity from liability for acts under this Division
112. Offence of hindering

Division 4 -- Damage in a port caused by vessels etc.

113. Responsibility for damage to port facilities or property

Division 5 -- Port safety

114. Marine safety plans

Division 6 -- Powers of police officers and others

114A. Police officers and others may enter vessels and conduct examinations and enquiries

Division 7 -- Protection from liability

114B. Immunity from liability for damage to vessels
114C. Immunity from liability for damaged goods
114D. Immunity from liability for delay in delivery of goods
114E. Immunity from liability for certain events and actions

PART 8 -- Port charges

115. Term used in, and application of, this Part
116. Liability to pay port charges in respect of vessels
117. Liability to pay port charges in respect of goods
118. Recovery of port charges by a port authority
119. Collectors of port charges

PART 9 -- Proceedings for offences

Division 1 -- General

120. Who can take proceedings for offences
121. Time limit on taking proceedings
122. Averment in respect of port

Division 2 -- Infringement notices

123. Terms used in this Division
124. Giving of notice
125. Content of notice
126. Extension of time
127. Withdrawal of notice
128. Benefit of paying modified penalty
129. Application of penalties collected
130. Appointment of authorised persons

PART 10 -- Miscellaneous

131. Miscellaneous offences
132. Provisions for particular port authorities
133. Supplementary provision about laying documents before Parliament
134. Execution of documents
135. Contract formalities
136. Interest on overdue amounts
137. Recovery of expenses
138. Government Agreements Act 1979 not affected

PART 11 -- Regulations

139. General power to make regulations
140. Offences against regulations
141. Adoption of other laws, codes etc.
142. References to other approvals or decisions
143. Licensing

PART 12 -- Review of Act

144. Minister to review and report on Act
SCHEDULE 1 -- Ports and port authorities
SCHEDULE 2 -- Provisions about the constitution and proceedings of boards
SCHEDULE 3 -- Provisions about duties of CEO and staff
SCHEDULE 4 -- Provisions to be included in articles of association of subsidiaries
SCHEDULE 5 -- Financial administration and audit
SCHEDULE 6 -- Provisions for particular port authorities
SCHEDULE 7 -- Purposes for which, or matters about which, regulations may be made
Compilation table

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