SHIPPING AND PILOTAGE ACT 1967 - SECT 12

SHIPPING AND PILOTAGE ACT 1967 - SECT 12

12 .         Regulations

        (1)         The Governor may make regulations for any purpose necessary or convenient for the administration of this Act and in particular, but without limiting the generality of the foregoing —

            (a)         relating to special precautions and measures to be taken in relation to the movement, berthing, loading and unloading of vessels carrying flammable liquids, gunpowder and other explosive substances, or other dangerous goods and enabling the Minister to specify substances that, in addition to those identified in the regulations, are dangerous goods for the purposes of the regulations;

            (aa)         relating to the movement, mooring, berthing, loading and unloading of vessels generally;

            (b)         prescribing tide signals and other signals to be used in ports, boat harbours or mooring control areas;

            (ba)         relating to the ascertainment of the tonnage of any vessel;

            (bb)         relating to the provision within a mooring control area of mooring sites and the hire, sale or free allocation thereof to the owners of boats, to the registration of mooring sites and of all or any of the boats using the same, to the supervision of mooring sites and to the maintenance and use thereof by the owners or users of boats, to the maintenance of safe and unimpeded navigation within a mooring control area, to the regulation or prohibition of the use by owners or users of boats of mooring sites hired, sold or allocated to other persons and to the control, with the approval of the CEO and of any body corporate having an interest in or right over the whole or any part of the mooring control area concerned, of changes in, or the development of, mooring sites within that mooring control area;

            (c)         requiring persons to comply with directions given or requirements made under the authority of those regulations and providing, where a person fails to comply with such a direction or requirement, for measures to be taken at the risk and expense of that person for achieving the purposes of the direction or requirement;

            (d)         empowering persons authorised in that behalf in accordance with the regulations to board vessels and enter places for the purposes of enforcing this Act and take such other action as appears to them appropriate for the purposes of this Act;

            (e)         providing for the period for which the appointment of a person as a harbour master or deputy harbour master has effect;

            (f)         providing for the imposition of conditions on the appointment of a harbour master or deputy harbour master and for the revocation or amendment of conditions so imposed;

            (g)         prescribing procedures and prerequisites for, and other matters relating to, the appointment of a person as a harbour master or deputy harbour master or the renewal of an appointment;

            (h)         providing for the revocation of the appointment of a harbour master or deputy harbour master;

                  (i)         relating to the continuation for a prescribed period of appointments of harbour masters made under section 4 before the coming into operation of the Shipping and Pilotage Amendment Act 2006 .

        (1a)         Regulations referred to in subsection (1)(ba) —

        [(a)-(c)         deleted]

            (d)         may authorise the calculation or determination of tonnage —

                  (i)         by measurement;

                  (ii)         by estimation; or

                  (iii)         by reference to information appearing in the certificate of registry or certificate of tonnage of a vessel or in any specified record or publication,

                or partly by one of the methods referred to in subparagraphs (i) to (iii) and partly by either or both of the other 2 methods;

            (e)         may make provision concerning the spaces, whether covered or closed or not, to be included and the spaces to be excluded in the ascertainment of the tonnage of any vessel and may prescribe the method by which any space to be included or excluded is to be calculated;

            (f)         may confer power on an authorised person —

                  (i)         to board, inspect, measure or survey the whole or any part of a vessel, or any goods therein or thereon;

                  (ii)         to detain a vessel;

                  (iii)         to require the unshipment of any goods in or on a vessel at the expense and risk of the owner of those goods,

                for the purpose of ascertaining the tonnage of the vessel or enabling that tonnage to be ascertained;

            (g)         may exempt the responsible authority concerned and any authorised person from liability for any loss or damage occasioned by any act done in good faith pursuant to powers conferred by those regulations;

            (h)         may require the owner or master of a vessel to produce the certificate of registry, and any certificate of tonnage, of the vessel if and when requested to do so by an authorised person;

                  (i)         may require the owner, master or agent of a vessel, upon request by an authorised person, to afford all necessary facilities to enable the vessel or any goods therein or thereon or both the vessel and those goods to be inspected, measured or surveyed for the purpose of ascertaining the tonnage of the vessel.

        (1b)         In subsection (1a) —

        authorised person means an officer or person appointed by the responsible authority concerned to ascertain the tonnage of vessels generally or to ascertain the tonnage of a particular vessel;

        specified means specified in regulations referred to in subsection (1)(ba).

        (2)         Regulations made under this Act may —

            (a)         create offences and provide, in respect of an offence so created, for the imposition of a penalty consisting of a fine not exceeding $12 000 with or without imprisonment for a term not exceeding 12 months;

            (b)         provide that a person committing an offence referred to in paragraph (a), in addition to suffering any penalty imposed under those regulations, is liable to pay to the Crown all expenses incurred by reason of the commission of that offence, and make provision for the recovery of those expenses from that person in a court of competent jurisdiction as a debt due to the Crown;

            (ba)         provide for fees or charges to be paid in respect of matters to which the regulations relate and prescribe or provide for those fees or charges;

            (c)         adopt, either wholly or in part or with modifications and either specifically or by reference, any rules, regulations, codes, instructions or other subordinate legislation made, determined or issued under any other Act or under any Act of the Parliament of the Commonwealth or the United Kingdom, or any of the standards, rules, codes or specifications of the bodies known as Standards Australia, the British Standards Institution, The Association of Australian Port and Marine Authorities or other body specified in those regulations;

            (d)         provide that if by reason of unavailability of materials or for any other reason that the CEO considers valid any requirement adopted by those regulations cannot be conformed to, the CEO may approve such use of materials or other matters as it considers to be consistent with the achievement of the objects of those regulations;

            (e)         be of general application or may be limited in their application according to time, place, or circumstance;

            (f)         make different provision for different classes of vessels or for the same class of vessels in different circumstances;

            (g)         make the application of any provision of the regulations dependent on compliance with specified conditions, to be evidenced in a specified manner;

            (h)         apply according to an approval or other administrative decision of a specified person or body notwithstanding that such approval or other decision may not have been, or may not have been primarily, given or made for the purposes of this Act;

                  (i)         require a matter affected by them to be in accordance with a specified requirement, or as approved by, or to the satisfaction of, a specified person or body, or class of person or body, and delegate to or confer on a specified person or body, or class of person or body, a discretionary authority;

            (j)         exempt, or provide for the exemption of, persons or things from the provisions of those regulations, or any of them, and impose, or provide for the imposition of, conditions on any such exemption;

            (k)         require any matter or thing to be verified by statutory declaration.

        (3)         In subsection (2) —

        specified means specified in the regulations.

        [Section 12 amended: No. 12 of 1976 s. 19; No. 88 of 1978 s. 10; No. 26 of 1984 s. 6; No. 5 of 1999 s. 24(5); No. 74 of 2003 s. 110; No. 71 of 2006 s. 13; No. 2 of 2019 s. 59 and 61.]

[Schedule deleted: No. 71 of 2006 s. 14(1).]

Notes

This is a compilation of the Shipping and Pilotage Act 1967 and includes amendments made by other written laws ³ . For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Other notes

¹         The Shipping and Pilotage Amendment Act 1983 s. 3(2) reads as follows:

        (2)         All proclamations made prior to the commencement of this section, under section 10(2) of the principal Act are hereby revoked.

²         The Shipping and Pilotage Amendment Act 1988 s. 6 reads as follows:

6.         Validation

                Any act or other thing done before the day on which this Act comes into operation that would have been lawful had this Act been in force when that act or other thing was done shall be deemed to be and to have been lawfully done and is hereby validated.

³         The Standardisation of Formatting Act 2010 s. 4, the amendment to the Shipping and Pilotage Act 1967 Schedule, had not come into operation when it was deleted by the Statutes (Repeals and Minor Amendments) Act 2014 s. 39(2)(d).

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)

authorised person         12(1b)

boat harbour         3

CEO         3

controlled area         3

controlling authority         3

declared area         6A(1)

Department         3

existing port         10(3)

harbour master         3

marine safety plan         3

mooring control area         3

pilot’s licence         9(2)

pilotage area         3

port         3

regulations         10(3)

specified         12(1b), 12(3)

wreckage         5(4)