Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
board means the board of directors of a port
authority provided for by section 7;
CEO means the person holding the office of chief
executive officer of a port authority created under section 14(1) and
includes an acting chief executive officer under section 14(6);
channel includes a swinging basin, turning circle,
area alongside a jetty, fairway or anchorage;
Commissioner for Public Sector Standards means the
person holding or acting in the office created by section 16(1) of the
Public Sector Management Act 1994 ;
control , when used in the sense of being in
control of a vessel, means to be in charge or command of, or to have the
management of, the vessel;
Corporations Act means the Corporations
Act 2001 of the Commonwealth;
Crown land has the same meaning as it has in the
Land Administration Act 1997 ;
damage includes alter, destroy or remove;
dangerous thing means —
(a) a
vessel or part of a vessel;
(b) a
wreck and any cargo, fuel or other thing on or in it; or
(c) any
other thing,
that is likely to be a danger to navigation or to
port facilities or harmful to the environment;
director means a director appointed under
section 7;
executive officer means a member of the staff of a
port authority designated under section 20(2) as an executive officer;
goods includes —
(a)
merchandise, wares, chattels and other articles, whether manufactured or of
any other kind;
(b)
minerals and mineral products;
(c)
petroleum and hydrocarbon products;
(d)
forestry and agricultural products; and
(e)
livestock;
harbour master means a person appointed under
section 102 as the harbour master or acting harbour master of a port or
authorised under that section to perform the harbour master’s functions;
jetty includes —
(a) a
pier, wharf, quay, grid, slipway, landing place, stage, platform or similar
structure, whether fixed or floating, erected or placed, wholly or in part,
in, on, over or alongside any waters; and
(b) a
ramp that is or may be used for the purpose of launching or landing a vessel,
but does not include a vessel;
management , in relation to staff, includes
recruitment, selection, appointment, transfer, secondment, performance
management, redeployment, discipline and termination of employment;
maritime structure means —
(a) a
jetty;
(b) a
breakwater, groyne or seawall;
(c) a
dredged channel;
(d) a
boat pen or vessel mooring;
(e) a
navigational aid; or
(f) a
pipeline in, over, under or discharging into navigable waters (but not a
pipeline discharging material from a dredging vessel);
master includes a person, other than an approved
pilot provided under section 96(5), having control of a vessel for the
time being;
member of staff means a person engaged under
section 16;
mooring includes anchoring and berthing;
movement , in relation to —
(a)
goods, includes loading and unloading;
(b)
passengers, includes boarding and going ashore;
navigational aid means an apparatus, device, mark
or structure that —
(a) is
or is intended to be an aid to marine navigation; or
(b)
emits or transmits a light, sound, radio, electronic or other signal that is
or is intended to be an aid to marine navigation;
owner , in relation to —
(a)
property of any kind, includes a person who is an owner jointly or in common
with another person;
(b)
goods, includes a consignor, consignee, shipper or agent for sale or custody,
loading or unloading of the goods concerned;
(c) a
vessel, includes a charterer of the vessel;
port means a port named in Schedule 1 and the
port or its port , in relation to a port authority, means the port for which
the port authority is established;
port activities has the meaning given by
section 35;
port authority means a body established by
section 4;
port charges has the meaning given by
section 115;
port facilities means facilities provided for or
in relation to port activities or the administration of the port and
includes —
(a)
maritime structures and other buildings, structures and enclosures;
(b)
railways; and
(c)
machinery, equipment, vessels, vehicles and aircraft;
port land means vested land or land acquired by a
port authority;
port services has the meaning given by
section 35;
port works has the meaning given by
section 35;
subsidiary means —
(a) a
body determined to be a subsidiary of a port authority under
subsection (4); or
(b) an
interest or other rights of a port authority in a unit trust, joint venture or
partnership where the interest or other rights of the port authority in
connection with the unit trust, joint venture or partnership entitle the port
authority to —
(i)
control the composition of the governing body of the unit
trust, joint venture or partnership;
(ii)
cast, or control the casting of, more than one-half of
the maximum number of votes that might be cast at a general meeting of the
unit trust, joint venture or partnership; or
(iii)
control the business affairs of the unit trust, joint
venture or partnership;
Treasurer means the Treasurer of the State;
vessel has the meaning given by
subsections (2) and (3);
vested , in relation to land or other property,
means vested in a port authority under this Act.
(2) A reference in
this Act to a vessel is a reference to a thing used, or capable of being used,
in navigation by water, and includes a reference to —
(a) an
air-cushion vehicle, seaplane or other similar craft; or
(b) a
barge, lighter or other floating structure used for commercial purposes other
than a structure of a class or kind prescribed for the purposes of this
paragraph.
(3) A thing can be a
vessel for the purposes of this Act —
(a) no
matter how it is moved or propelled; and
(b) even
if it is normally stationary.
(4) Part 1.2
Division 6 of the Corporations Act applies for the purpose of determining
whether a body is a subsidiary of a port authority.
[Section 3 amended by No. 10 of 2001
s. 157; No. 74 of 2003 s. 93(2); No. 8 of 2009 s. 102(2)
and (3).]