Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) The master or
owner of any vessel other than —
(a) a
vessel of war;
(b) a
vessel owned by any of Her Majesty’s States or Colonies or the
government of any country that is a member of the British Commonwealth of
Nations, that is engaged in a non-commercial voyage;
(c) a
mission vessel;
(d) a
vessel calling at a port either for the purpose of remedying a situation
endangering the safety of the vessel or of obtaining medical treatment for a
person on board;
(e) a
vessel owned and used solely for private pleasure purposes;
(f)
subject to subregulation (1a), a fishing vessel used for professional
purposes that is a subject of a current fishing boat licence granted under the
Fish Resources Management Regulations 1995 or of an equivalent licence, permit
or registration under the laws of another State or a Territory of the
Commonwealth;
(g) a
commercial vessel —
(i)
of 5.5 metres or less in length; or
(ii)
without its own means of propulsion;
(h) a
training vessel on a non-commercial voyage;
(i)
a vessel which is at the time engaged as a private
pleasure vessel or on some other non-commercial voyage and which is exempted
in circumstances which are at the discretion of the chief executive officer;
or
(j) a
vessel having a length of 70 metres or more exclusive of the bowsprit,
entering, calling at
or using any port in the State shall pay to the Department conservancy dues
calculated in accordance with the provisions of the Third Schedule
Division 2.
(1a) The master or
owner of any fishing vessel, entering, calling or using the Emu Point Fishing
Boat Harbour, Albany, the Fishing Boat Harbour, Carnarvon, the Bandy Creek
Small Boat Harbour, Esperance, the Fishing Boat Harbour, Fremantle, the Inner
Harbour, Geraldton or the Fishing Boat Harbour, Port Denison, shall pay to the
Department conservancy dues calculated in accordance with the provisions of
the Third Schedule Division 2 item 3.
(2) The conservancy
dues referred to in the Third Schedule Division 2 are
payable —
(a) in
the case of conservancy dues referred to in item 1, on the date of the
first entry of the vessel into or on the first day of use of, the port in the
period in respect of which the conservancy dues are payable;
(b) in
the case of conservancy dues referred to in item 2, on the day of entry
of the vessel into the port;
(c) in
the case of conservancy dues referred to in paragraph (i) of item 2,
on 1 January;
(d) in
the case of conservancy dues referred to in paragraph (ii) of
item 2, on 1 July or 1 January, as the case may be;
(e) in
the case of conservancy dues referred to in item 3, on 1 July.
(2a) For the purposes
of this regulation, commercial vessel means a vessel which is not used solely
for pleasure or recreation and the use of which is made, allowed or authorised
in the course of any business or in connection with any commercial transaction
but does not include a vessel referred to in subregulation (1)(a)
to (f).
(3) Where the master
of a vessel entering or within any port claims, by reason of there having been
made a payment in respect of conservancy dues referred to in the Third
Schedule Division 2 item 1, to be entitled to use that port for any
period without further payment of conservancy dues, the Harbour Master may
require the master or owner to produce satisfactory evidence of the payment so
claimed to have been made and, subject to subregulation (4), where
satisfactory evidence of that payment is not produced, the master or owner is
liable to pay conservancy dues as if the payment claimed to have been made had
not been made.
(4) Where the master
of a vessel who —
(a) has
claimed to be entitled to bring the vessel into or use any port without
payment of conservancy dues by reason of his previously having paid
conservancy dues referred to in the Third Schedule Division 2
item 1; and
(b) has,
by reason of his being unable to produce satisfactory evidence of that prior
payment, been required to pay conservancy dues as if the prior payment claimed
to have been made had not been made,
satisfies the Harbour
Master or the Department that the payment claimed to have been made was made,
there shall be paid to the master or owner an amount equal to the conservancy
dues that were required to be paid in pursuance of subregulation (3).
(5) The master of a
vessel shall produce the certificate of registry, and any certificate of
tonnage or any other record specified in the Fifth Schedule to the Department
or an authorised person, upon demand.
[Regulation 18 amended in Gazette
2 Dec 1977 p. 4442; 27 Mar 1981 p. 1077;
28 Aug 1981 p. 3574; 2 Jul 1982 p. 2361;
13 Aug 1982 p. 3141; 17 Feb 1984 p. 434;
29 Jun 1984 p. 1760; 28 Jun 1985 p. 2319;
23 Oct 1987 p. 3943; 26 Jul 1991 p. 3926;
11 Aug 1992 p. 3975; 6 Aug 1999 p. 3733;
27 Jun 2003 p. 2522-3; 25 Jun 2004 p. 2267;
1 Jul 2008 p. 3157-8.]