Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister shall
grant —
(a) a
licence or permit under this Division for a ship, if he is satisfied
that —
(i)
the cargo to be carried by the ship in the course of the
coasting trade to which the licence or permit will relate, and which is
specified in the application for the licence or permit, is cargo of such a
kind that none of the ships that are deemed to be authorised to engage in the
coasting trade under this Division is technically suited to carry; or
(ii)
the Commission that controls the ships so authorised does
not wish any of the ships to carry the cargo; or
(iii)
the cargo to be carried by the ship in the course of the
coasting trade to which the licence or permit will relate and which is
specified in the application for the licence or permit is cargo of such a kind
that requires for the purpose of its loading onto, carriage in, or unloading
from, the ship, specialised equipment that is in operation in the State for
the purpose on the commencement of this section.
(b) a
permit under this Division for a ship, if he is satisfied
that —
(i)
the cargo specified in the application for the permit is
required for a purpose or operation that must be completed, continued or
carried out without interruption;
(ii)
in order to prevent the interruption the cargo is
required to be carried to a port so specified by a particular date or as near
thereto as is practicable;
(iii)
the ship to which the application relates will be able to
so carry the cargo; and
(iv)
none of the ships that are deemed to be authorised to
engage in the coasting trade is available at the relevant time to so carry the
cargo, or the Commission that controls the ships so authorised does not wish
to arrange for the cargo to be so carried to that port.
(2) The Minister shall
grant a licence or permit under this Division to engage in the coasting trade
in any other case if, after considering the application and having regard
to —
(a) the
extent to which the granting of the licence or permit is necessary or
desirable in the public interest;
(b) the
needs of the port or ports specified in the application and the district in
which they are situate in relation to the existing authorised coasting trade;
and
(c) the
necessity, in the public interest, of protecting the public funds in operating
ships deemed to be authorised to carry on the coasting trade, when the
application is for a licence or permit to engage in the coasting trade in
respect of a port or ports at which such ships call,
he is of opinion that
it is necessary or desirable to grant the licence or permit.
[Section 47C inserted by No. 64 of 1970
s. 8; amended by No. 54 of 1985 s. 52.]