Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Port Authorities Act 1999
and includes the amendments made by the other written laws referred to in the
following table 1a, 4. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
22 of 1999 |
29 Jun 1999 |
s. 1 and 2: 29 Jun 1999; |
|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 58 |
43 of 2000 |
2 Nov 2000 |
17 Feb 2001 (see s. 2(1) and Gazette
16 Feb 2001 p. 903) |
|
Corporations (Consequential Amendments) Act 2001
Pt. 45 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth. Gazette
13 Jul 2001 No. S285) |
|
Labour Relations Reform Act 2002
s. 23 |
20 of 2002 |
8 Jul 2002 |
15 Sep 2002 (see s. 2(1) and Gazette
6 Sep 2002 p. 4487) |
|
Port Authorities (Act Amendment) Regulations 2003
published in Gazette 4 Mar 2003 p. 711-22 |
4 Mar 2003 |
||
|
Corporations (Consequential Amendments) Act
(No. 3) 2003 Pt. 11 6 |
21 of 2003 |
23 Apr 2003 |
11 Mar 2002 (see s. 2 and Cwlth.
Gazette 24 Oct 2001 No. GN42) |
|
Labour Relations Reform (Consequential Amendments)
Regulations 2003 r. 12 published in Gazette
15 Aug 2003 p. 3685-92 |
15 Sep 2003 (see r. 2) |
||
|
Ports and Marine Legislation Amendment Act 2003
Pt. 2 2 |
71 of 2003 |
15 Dec 2003 |
s. 5 and 6: 14 Aug 1999 (see
s. 2(2)); |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 93 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Criminal Code Amendment Act 2004
s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
7 of 2004 |
10 Jun 2004 |
1 Mar 2008 (see s. 2 and Gazette
29 Feb 2008 p. 669) |
|
|
Reprint 1: The Port Authorities Act 1999 as
at 1 Oct 2004 (includes amendments listed above except those
in the Dangerous Goods Safety Act 2004) |
|||
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4, 5(1), 11 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 2: The Port Authorities Act 1999 as
at 4 Jul 2008 (includes amendments listed above) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 102 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation Amendment Act 2007
s. 84 7 |
25 of 2007 |
16 Oct 2007 |
Operative on publication of an order under the State
Superannuation Act 2000 s. 56 (“transfer time”) (see
s. 2(1)(c)) |
2 The Ports and Marine Legislation Amendment
Act 2003 s. 4(2) reads as follows:
“
(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.
”.
3 The Land Act 1933 was repealed by the Land
Administration Act 1997 s. 281.
4 The Port Authorities (Consequential Provisions)
Act 1999 s. 3 and Pt. 3 have interpretation and transitional
provisions that affect this Act. They read as
follows:
“
3. Interpretation
(1) In this Act —
continuing port authority means an existing port authority
that continues in existence as a port authority established under the PA
Act;
existing Act means the —
(a) Albany Port Authority Act 1926;
(b) Bunbury Port Authority Act 1909;
(c) Dampier Port Authority Act 1985;
(d) Esperance Port Authority Act 1968;
(e) Fremantle Port Authority Act 1902;
(f) Geraldton Port Authority Act 1968; or
(g) Port Hedland Port Authority Act 1970;
existing port authority means a port authority constituted
or established under an existing Act;
first financial year, in relation to a port authority, means
the first financial year of that port authority to start after the commencement
of the item relating to that port authority;
item has the meaning given by subsection (2);
PA Act means the Port Authorities
Act 1999.
(2) A reference in this Act to an item is a reference to an item in
Schedule 1 to the PA Act.
Part 3 — Transitional and
saving provisions
12. Application of Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 about the
repeal of written laws and the substitution of other written laws for those so
repealed (for example, sections 16(1), 36 and 38) apply to the repeal of an
existing Act relating to a port authority and the amendment of the Ports
(Functions) Act 1993 in relation to that existing Act and that port
authority as if the PA Act —
(a) repealed that existing Act; and
(b) repealed the Ports (Functions) Act 1993 insofar as it
applied to that port authority,
when the item relating to that port authority comes into
operation.
(2) The other provisions of this Part are additional to the provisions
applied by subsection (1).
13. Existing port authorities continue
(1) If, immediately before the commencement of an item, there was an
existing port authority with the name set out in that item, the port authority
named in that item is a continuation of, and the same legal entity as, the
existing port authority and the rights and obligations of the existing port
authority are not affected.
(2) If in a written law or other document or instrument there is —
(a) a reference to an existing port authority constituted or established
under an existing Act; or
(b) a reference that is to be read and construed as a reference to an
existing port authority,
that reference may, where the context so requires, be read as if it had
been amended to be a reference to the port authority as established under the PA
Act.
14. Membership
(1) The persons who were members or commissioners of a continuing port
authority (including the chairman) immediately before the commencement of the
item relating to that port authority continue in office, under and subject to
the PA Act, as the chairperson and directors of that port authority.
(2) Subsection (1) does not apply to a person holding office under
section 8(1)(d) of the Dampier Port Authority
Act 1985.
(3) A person to whom subsection (1) applies is to be regarded as
having been appointed under section 7 of the PA Act.
15. Staff
(1) A person who was the general manager of a continuing port authority
immediately before the commencement of the item relating to that port authority
continues in office, under and subject to the PA Act, as the chief executive
officer of that port authority.
(2) Other people who were in the employment of a continuing port authority
immediately before the commencement of the item relating to that port authority
continue, under and subject to the PA Act, as members of staff of that port
authority.
(3) Except as otherwise agreed by a chief executive officer or member of
staff, the remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of a chief executive officer or
member of staff of a continuing port authority are not affected, prejudiced or
interrupted by —
(a) the operation of subsection (1) or (2); or
(b) that port authority ceasing to be an SES organization under the
Public Sector Management Act 1994.
(4) A person mentioned in subsection (1) or (2) is to be regarded as
an employee of an organization for the purposes of Part 6 of the Public
Sector Management Act 1994.
(5) Subsection (4) ceases to apply in relation to a continuing port
authority at the expiration of 2 years after the item relating to that port
authority commences.
(6) A person mentioned in subsection (2) is to be regarded as having
been engaged under section 16 of the PA Act.
16. Port descriptions
(1) Until an order is made under section 24(1) of the PA Act in
relation to a port referred to in item 1, 3, 4, 5, 6, 7 or 8 the
description of that port for the purposes of the PA Act is the description that
had effect under the relevant existing Act immediately before the commencement
of that item.
(2) Until an order is made under section 24(1) of the PA Act in
relation to the Port of Broome the description of that port for the purposes of
the PA Act is as follows —
Port of Broome
(a) all that portion of water and seabed bounded by lines starting from
the high water mark of Roebuck Bay at the southern extremity of Fall Point and
extending south to an east-west line situate 3 nautical miles south from the
southern extremity of Entrance Point; then west to a north-south line situate 3
nautical miles west from the southern extremity of Entrance Point; then north to
a point situate west of the summit of Station Hill; then east to the high water
mark of the Indian Ocean and then generally southwesterly and generally
southeasterly along that mark and generally northeasterly, generally
northwesterly, again generally northeasterly and generally easterly along the
high water mark of Roebuck Bay to the starting point and including all of the
waters of Dampier Creek; and
(b) all that portion of land comprised within Broome Lots 616, 698, 848
and 956 as shown bordered in red on Lands and Surveys 5 Reserve
Plan 108.
Lands and Surveys 5 Public Plans: Broome Regional
1:10 000 Sheet 1, Sheet 2, Sheet 3; Roebuck Plains 1:250 000; La
Grange 1:250 000.
(3) A description that has effect under subsection (1) or (2) may be
amended under section 24(2) of the PA Act.
17. Strategic development plans
The first strategic development plan for a port authority under
Part 5, Division 1 of the PA Act is to be for a period starting when
the first financial year starts.
18. Statement of corporate intent
The first statement of corporate intent for a port authority under
Part 5, Division 2 of the PA Act is to be for the first financial
year.
19. Borrowing limits
The first monetary limits under section 86 of the PA Act are to be
determined in relation to the first financial year.
20. Regulations
(1) Regulations made by a continuing port authority that were in force
immediately before the commencement of the item relating to that port authority
continue in force after that commencement as if they were regulations made by
the Governor under section 139 of the PA Act in relation to the port of
that port authority.
(2) Subsection (1) does not continue the operation of any regulation
that could not be made under section 139 of the PA Act.
”.
5 Lands and Surveys plans are now held by the Western Australian
Land Information Authority (see the Land Information Authority
Act 2006 s. 100).
6 The Corporations (Consequential Amendments) Act
(No. 3) 2003 s. 2-4 read as
follows:
“
2. Commencement
(1) If this Act receives the Royal Assent before the day on which
Schedule 1 to the Financial Services Reform Act comes into operation, this
Act comes into operation at the same time as that Schedule comes into
operation.
(2) If this Act receives the Royal Assent on or after the day on which
Schedule 1 to the Financial Services Reform Act comes into operation, this
Act is deemed to have come into operation at the same time as that Schedule
comes into operation.
3. Interpretation
In this Part —
Financial Services Reform Act means the Financial
Services Reform Act 2001 of the Commonwealth;
FSR commencement time means the time when Schedule 1 to
the Financial Services Reform Act comes into operation;
statutory rule means a regulation, rule or by-law.
4. Validation
(1) This section applies if this Act comes into operation under
section 2(2).
(2) Anything done or omitted to have been done after the FSR commencement
time and before this Act receives the Royal Assent that could have been done if
this Act had received the Royal Assent before the FSR commencement time is taken
to be as valid and lawful, and to always have been as valid and lawful, as it
would have been if this Act had received the Royal Assent before the FSR
commencement time.
(3) Anything done or omitted to have been done by a person after the FSR
commencement time and before this Act received the Royal Assent that would have
been valid and lawful if the Financial Services Reform Act had not commenced, is
taken to be valid and lawful.
(4) Anything done or omitted to have been done after the FSR commencement
time and before this Act receives the Royal Assent —
(a) that could only have been validly and lawfully done or omitted because
this Act received the Royal Assent after the FSR commencement time;
and
(b) that could not have been validly and lawfully done or omitted if this
Act had received the Royal Assent before the FSR commencement time,
is taken not to be valid, and to never have been valid.
”.
7 On the date as at which this compilation was prepared, the
State Superannuation Amendment Act 2007 s. 84 had not come into
operation. It reads as follows:
“
84. Port Authorities Act 1999 amended
(1) The amendments in this section are to the Port Authorities
Act 1999.
(2) Section 19(1) is amended by deleting
“section 30” and inserting instead —
“ section 76 ”.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
account 79(1)
accounting
standard Sch. 5 cl. 1(2)
approved 95(1)
area 24(3)
authorised
officer 114A(2)
authorised person 123
board 3(1)
Building
Code 38(1)
business
arrangement 35(9)
CEO 3(1)
channel 3(1)
Commissioner for Public Sector
Standards 3(1)
company Sch. 5 cl. 1(2)
Company appointee Sch. 6 cl.
1.2
control 3(1)
Corporations Act 3(1)
Crown
land 3(1)
damage 3(1)
Dampier Solar Salt Industry Agreement Sch. 6 cl.
1.2
dangerous thing 3(1)
debt
paper 85(4)
director 3(1)
document 75(5)
eligible
person 102(1)
executive officer 3(1)
financial record Sch. 5 cl.
1(2)
financial year Sch. 5 cl. 1(1) and (2)
first lessee Sch. 6 cl.
2.2
first lessee appointee Sch 6 cl. 2.2
goods 3(1)
harbour
master 3(1)
information 75(5)
interest rate 87(2)
Iron Ore (Hamersley
Range) Agreement Sch. 6 cl. 1.2
its port 3(1)
jetty 3(1)
Joint
Venturers Appointee Sch. 6 cl. 1.2
latest draft plan 54(2)
latest draft
statement 63(2)
management 3(1)
marine safety plan 114(1)
maritime
structure 3(1)
master 3(1)
members of staff 3(1),
members of
staff 3(1), 19(3), 21(4)
Ministerial appointee Sch. 6 cl. 1.2 and
2.2
mooring 3(1)
movement 3(1)
navigational aid 3(1)
North West Gas
Development (Woodside) Agreement Sch. 6 cl. 1.2
notifiable
interest 12(3)
officer Sch. 3 cl. 2(1)
owner 3(1),
105(1)
participate 35(9)
performance
requirements 38(1)
port 3(1)
port activities 3(1), 35(9)
port
authority 3(1), 38(1), 123
port charges 3(1), 115(1)
port
facilities 3(1)
port land 3(1)
port services 3(1), 35(9)
port
works 3(1), 35(9)
Public Bank Account 79(1)
public service
officer 11(2)
regulations Sch. 5 cl. 1(1)
responsible
Minister 38(1)
second lessee Sch 6. cl. 2.2
second lessee appointee Sch 6
cl. 2.2
sell 27(3)
subsidiary 3(1)
the Company Sch 6 cl. 1.2
the
Joint Venturers Sch. 6 cl. 1.2
the new owner 46(1)
the port 3(1), Sch. 6
cl. 2.8
the prescribed day Sch. 5 cl. 34
the Salt Company Sch. 6 cl.
1.2
the third party 46(1)
transaction 42
Treasurer 3(1)
under
compulsory pilotage 95(1)
vessel 3(1)
vested 3(1)
By Authority: JOHN A. STRIJK,
Government Printer