Western Australian Consolidated Regulations

PORT AUTHORITIES REGULATIONS 2001

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  

   PART 2 -- Vessels in ports  

           Division 1 -- Vessels arriving at ports  

   4.      Notice of arrival at port  
   5.      Vessel in port to maintain contact with port authority  

           Division 2 -- Matters relating to safety  

   6.      Vessel in port not to exceed maximum safe speed  
   7.      Procedure for notifying outbreak of fire  
   8.      Propellers of moored vessel not to be operated  
   9.      Owners of dangerous things to notify harbour master  

           Division 3 -- Matters relating to revenue  

   10.     Collector of port charges may enter vessel  
   11.     Port charges payable before vessel leaves port  

           Division 4 -- General  

   12.     General berthing provisions  
   13.     Authorised member of staff may give directions to keep wharf clear  
   15.     Vessel moored in port to be kept clear of cranes and other plant on wharves  
   16.     Vessel moored in port to have at least one person on watch  
   17.     Discharging waste substances on to wharf or into waters of port prohibited  
   18.     Discharge of ballast contrary to directions of harbour master prohibited  
   19.     Unauthorised loading or unloading of livestock prohibited  
   21.     Powers of harbour master to ensure compliance with regulations  

   PART 3 -- Pilotage  

           Division 1 -- Definitions  

   22.     Terms used  

           Division 2 -- Approval of pilots  

   23.     Eligibility to be approved as a pilot  
   24.     Approval of pilots  
   25.     Requirements that apply while person is approved as pilot  

           Division 3 -- Providers of pilotage services to be licensed  

   26.     Interpretation  
   27.     Unlicensed persons not to provide pilotage services in ports  
   28.     Pilotage provider’s licence  
   29.     Cancellation and suspension of pilotage provider’s licence  

           Division 4 -- Pilots and pilotage  

   30.     When pilotage is not compulsory  
   31.     Harbour master may direct exempt master to ensure vessel uses pilotage services  
   32.     Notification to be given to port authority when pilot is required  
   33.     Port authority may recover expenses if vessel is not ready for pilot at notified time  
   34.     Positioning of vessel when pilot boards or leaves vessel  
   35.     Provision of ladders, hoists etc. when pilot boards or leaves vessel  
   36.     Requirements when pilot has boarded vessel  
   37.     Master of tug to comply with directions of pilot  
   38.     Harbour master may require second pilot to be used  
   39.     Pilots to carry evidence of approval  
   40.     Vessel being led is under control of pilot and liable to pay for pilotage services  

           Division 5 -- Charges for pilotage services  

   41.     Liability to pay charges for pilotage services  
   42.     Charges for pilotage services -- Port of Broome  
   43.     Charges for pilotage services -- Port of Bunbury  
   44.     Charges for pilotage services -- Port of Esperance  
   45.     Charges for pilotage services -- Port of Fremantle  
   46.     Charges for pilotage services -- Port of Geraldton  
   47.     Charges for pilotage services -- Port of Port Hedland  
   48A.    Charges for pilotage services -- Port of Albany  
   48.     Charges for detention of pilot -- Ports of Broome, Bunbury, Esperance, Fremantle, Geraldton and Albany  

           Division 6 -- Pilotage exemption certificates  

   49.     Eligibility for pilotage exemption certificates  
   50.     Application for pilotage exemption certificates  
   51.     Issue of pilotage exemption certificates  
   52.     Conditions endorsed on pilotage exemption certificates  
   53.     Applications for variation or deletion of conditions endorsed on pilotage exemption certificates  
   54.     Validity and expiry of pilotage exemption certificates  
   55.     Application for revalidation of pilotage exemption certificates  
   56.     Revalidation of pilotage exemption certificates  
   57.     Suspension and revocation of pilotage exemption certificates  
   58.     Appeals  
   59.     Use of pilotage exemption certificates to be recorded  

   PART 4 -- Goods and cargo  

   60.     Details of cargo on board a vessel arriving at a port to be given to port authority  
   61.     Details of cargo and fuel on board a vessel leaving a port to be given to port authority  
   62.     Loading and unloading to be continuous  
   66.     Unclaimed goods may be moved and stored etc.  
   67.     Proceeds of sale of unclaimed goods  
   68.     Goods falling from a vessel in a port  

   PART 5 -- Conduct of persons in ports  

   69.     Term used: designated by notices or signs  
   70.     Social functions on board vessel prohibited in certain cases  
   71.     Placing or leaving dead animals and waste substances in ports prohibited unless authorised  
   72.     Interfering with port authority notices, signs and notice boards prohibited  
   73.     Placing unauthorised notices etc. prohibited  
   74.     Interfering with life saving equipment prohibited  
   75.     Dragging bed of port prohibited  
   76.     Persons in ports to comply with reasonable directions of authorised members of staff  
   77.     Unauthorised entry of animals into port prohibited  
   78.     Disorderly conduct of persons in a port  
   79.     Certain persons may be prohibited from entering a port  
   80.     Smoking in designated places in a port prohibited  
   83.     Selling or supplying things and soliciting business in a port prohibited  
   84.     Entering wrecks prohibited  
   85.     Interfering with fire alarms prohibited  
   86.     Interfering with water appliances prohibited  
   87.     Interfering with electric lights etc. prohibited  
   88.     Stray boats and other abandoned or unattended property  
   89.     Swimming in designated areas of a port prohibited  
   90.     Entering area of port or port facility closed by port authority prohibited  
   91.     Fishing in designated areas of a port prohibited  
   92.     Navigable waters of port not to be obstructed by fishing nets etc.  
   93.     Launching boats and bringing boats ashore in unauthorised places etc. prohibited  
   94.     Unauthorised camping prohibited  
   95.     Removal of marine life from port prohibited  
   96.     Unauthorised building in port prohibited  
   97.     Unauthorised excavation work prohibited  
   98.     Use of motor boats and water skiing in ports  
   99.     Races and regattas etc. prohibited  

   PART 6 -- Vehicles in ports  

   100.    Terms used  
   101.    Road Traffic Act 1974 not limited  
   102.    Careless driving  
   103.    Drivers in a port to comply with traffic signs  
   104.    Stopping of vehicles in a port  
   105.    Parking of vehicles in a port  
   106.    Emergency vehicles  
   107.    Obstructing vehicles may be removed  

   PART 7 -- Infringement notices and modified penalties  

   108.    Prescribed offences (section 124)  
   109.    Prescribed modified penalties (section 125)  
   110.    Over-length vehicles  
   111.    Prescribed form of infringement notice (section 125)  
   112.    Prescribed form of withdrawal of notice (section 127)  

   PART 8 -- Miscellaneous  

   113.    Effect of breach of condition to which authorisation is subject  
   114.    Master of vessel to produce certificates of tonnage and registry etc. at request of member of staff  
   115.    Powers of authorised officers  
   117.    Certain easements, leases and licences may be granted without the Minister’s approval (section 28(2))  
   118.    Prescribed amount of port authority’s liability (section 40(3)(c))  
   118A.   Prescribed port services (section 35(9))  
   119.    Rate of interest on overdue amounts (section 136)  
   120.    Rounding off amounts (Schedule 5 clause 31)  
   121.    Provisions for particular port authorities  
           SCHEDULE 1 -- Provisions for particular port authorities  
           SCHEDULE 2 -- Charges for pilotage  
           SCHEDULE 3 -- Prescribed offences and modified penalties  
           SCHEDULE 4 -- Forms  
           Compilation table