Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the contrary intention appears —
Australian fishing vessel means a fishing vessel
that is registered, or entitled to be registered, in Australia or in relation
to which an instrument under section 4(2) of the Fisheries Act 1952
of the Commonwealth is in force;
Australian ship means —
(a) a
ship registered in Australia; or
(b) an
unregistered ship having Australian nationality;
Convention means the 1973 Convention as modified
and added to by the 1978 Protocol;
harbour master means a harbour master appointed
under section 4 of the Shipping and Pilotage Act 1967 or
section 102 of the Port Authorities Act 1999 for a port and also
means a person for the time being carrying out the duties of such a harbour
master during his absence, illness or incapacity;
inspector means —
(a) a
person who is an inspector for the purposes of the Western
Australian Marine Act 1982 ;
(b) a
person who is appointed in writing by the Minister to be an inspector for the
purposes of this Act;
(c) a
harbour master; or
(d) a
police office;
master in relation to a ship, means a person,
other than a pilot, having command or charge of the ship;
occupier means —
(a) in
relation to a place on land, the person by whom or on whose behalf the place
is actually occupied or if there is no such person the person entitled to
possession of the place;
(b) in
relation to a vehicle, the person in charge or the owner of the vehicle, but
not the occupier of the land on or over which the vehicle stands or moves; and
(c) in
relation to a place on land being a pipeline, the person who undertakes the
carriage of oil or an oily mixture by means of the pipeline;
place on land includes —
(a) any
structure or apparatus on land;
(b) any
thing or vehicle resting on or moving over land;
(c)
anything resting on or lying under the bed, banks or shores of any State
waters; and
(d)
anything afloat (other than a ship) if it is anchored or attached to the bed,
bank or shore of any State waters or is used in any operation for the
exploration of the sea-bed or subsoil beneath any State waters or for the
exploitation of the natural resources of that sea-bed or subsoil;
pleasure vessel has the same meaning as in the
Western Australian Marine Act 1982 ;
port authority means a port authority established
under the Port Authorities Act 1999 ;
State waters means —
(a) the
territorial sea adjacent to the State;
(b) the
sea on the landward side of the territorial sea adjacent to the State that is
not within the limits of the State; and
(c)
waters within the limits of the State;
the 1973 Convention means the International
Convention for the Prevention of Pollution from Ships, 1973 as corrected by
the Proces-Verbal of Rectification dated 13 June 1978 (a copy
of the English text of which, apart from Annexes III, IV and V, as so
corrected is set out in Schedule 1), as affected by any amendment, other than
an amendment not accepted by Australia, made under Article 16 of the
Convention;
the 1978 Protocol means the Protocol of 1978
relating to the International Convention for the Prevention of Pollution from
Ships, 1973 (a copy of the English text of which, apart from Annexes III, IV
and V to it, is set out in Schedule 2) as affected by —
(a) the
amendments to the annex to the Protocol adopted on 7 September 1984
(a copy of the English text of which amendments is set out in
Schedule 3);
(b) the
amendments to the Protocol adopted on 5 December 1985 (a copy of the
English text of which relating to the annex of the Protocol is set out in
Schedule 4 and a copy of the English text of which relating to Protocol I
to the Convention is set out in Schedule 5); and
(c) any
other amendment to the Protocol, other than an amendment not accepted by
Australia, made under Article VI of the Protocol;
this Act includes the regulations and orders made
in pursuance of the regulations;
Tonnage Measurement Convention has the same
meaning as in Part XA of the Navigation Act 1912 of the Commonwealth;
trading ship has the same meaning as in the
Western Australian Marine Act 1982 .
(2) A reference in a
section of this Act to a prescribed officer shall be read as a reference to
the person for the time being occupying, or performing the duties of, an
office in the Department or public authority of the State that deals with
matters arising under that section, being an office that is prescribed for the
purposes of that section.
(3) Except in so far
as the contrary intention appears, an expression that is used in this Act and
in the Convention, otherwise than in an annex to the Convention, (whether or
not a particular meaning is assigned to it by the Convention) has, in this
Act, the same meaning as in the Convention.
(4) For the purposes
of this Act —
(a)
inter-state voyage and overseas voyage have the same respective meanings as
in the Navigation Act 1912 of the Commonwealth;
(b) an
intra-state voyage is a voyage other than an inter-state voyage or an overseas
voyage; and
(c) for
the purposes of paragraphs (a) and (b), a ship shall be deemed to be
proceeding on a voyage from the time when it is got under way for the purpose
of proceeding on the voyage until the time when it is got under way for the
purpose of proceeding on another voyage.
(5) A discharge of oil
or of an oily mixture or of a liquid substance or a mixture containing a
liquid substance onto or into any land or waters, or any structure or thing,
having the result that the whole or any part of the oil or oily mixture or
liquid substance or mixture containing a liquid substance eventually enters
any State waters, is for the purposes of this Act deemed to be a discharge
into those State waters of the oil or oily mixture or liquid substance or
mixture containing a liquid substance.
(6) Where, at any
time, the gross tonnage applicable to a ship has been determined otherwise
than in accordance with the Tonnage Measurement Convention, then, in the
application of this Act to the ship at that time, a reference in this Act to
the gross tonnage of a ship not expressed in tons shall be taken to be a
reference to the gross tonnage of the ship expressed in tons.
[Section 3 amended by No. 46 of 1993
s. 46; No. 71 of 2003 s. 11.]