PORT AUTHORITIES REGULATIONS 2001

Table of Provisions

PART 1 -- Preliminary  

• 1 Citation  
• 2 Commencement  
• 3 Terms used  
• 4A Application as to assistance animals

PART 1A -- Additional ports under port authority control and management  

• 4B Port of Balla Balla  
• 4C Port of Cape Preston West

PART 2 -- Vessels in ports

Division 1 -- Vessels arriving at ports  

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

Division 2 -- Matters relating to safety  

• 6 Vessel not to exceed maximum safe speed  
• 7 Fire on vessel, duties of people in case of  
• 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 to be paid before vessel leaves port

Division 4 -- General  

• 12 Berthing, general rules for  
• 13 Port authority officer may give directions to keep wharf clear during berthing  
• 15 Vessel moored to be kept clear of cranes etc. on wharves  
• 16 Vessel moored to have at least one person on watch  
• 17 Waste water etc. not to be discharged on to wharf or into port waters without authority  
• 18 Ballast to be discharged in accordance with harbour master’s directions  
• 19 Livestock not to be loaded or unloaded without authority  
• 21 Harbour master’s powers 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 pilot  
• 24 Approving pilots; retaining approval as pilot  
• 25 Duties of approved pilots for r. 24(3)

Division 3 -- Providers of pilotage services to be licensed  

• 26 Division 2 not affected by this Division  
• 27 Unlicensed persons not to provide pilotage services in ports  
• 28 Pilotage provider’s licence, application for and issue and effect of  
• 29 Cancelling and suspending pilotage provider’s licence

Division 4 -- Pilots and pilotage  

• 30 When pilotage is not compulsory (Act s. 97(1))  
31. Harbour master may direct exempt master to ensure vessel uses pilotage services  
• 32 Notifying port authority when pilot is required  
• 33 Vessel not ready for pilot at notified time, liability for port authority’s expenses  
• 34 Positioning of vessel when pilot boards or leaves vessel  
• 35 Facilities to be provided when pilot boards or leaves vessel  
• 36 Master’s duties when pilot has boarded vessel  
• 37 Tug master to comply with pilot’s directions  
• 38 Harbour master may require second pilot to be used  
• 39 Pilots to carry and produce evidence of approval  
• 40 Vessel being led is under control of pilot and liable to pay for pilotage services

Division 6 -- Pilotage exemption certificates  

• 49 Eligibility for pilotage exemption certificates  
• 50 Applications for pilotage exemption certificates  
• 51 Issue of pilotage exemption certificates  
• 52 Conditions on pilotage exemption certificates  
• 53 Applications to vary or delete conditions on pilotage exemption certificates  
• 54 Validity and expiry of pilotage exemption certificates  
• 55 Applications for revalidation of pilotage exemption certificates  
• 56 Revalidation of pilotage exemption certificates  
• 57 Suspending and revoking pilotage exemption certificates  
• 58 Appeals against decision made under r.  
• 59 Use of pilotage exemption certificates to be recorded

PART 4 -- Goods and cargo  

• 60 Details of cargo on board vessel arriving at port to be given to port authority  
• 61 Details of cargo and fuel on board vessel leaving port to be given to port authority  
• 62 Loading and unloading to be continuous  
• 66 Unclaimed goods, port authority’s powers as to  
• 67 Sale of unclaimed goods, application of proceeds of  
• 68 Goods falling from vessel in 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 Dead animals, waste etc. not to be left in ports unless authorised  
• 72 Port authority notices etc., removal of etc. is offence  
• 73 Notices etc. not to be put on port authority property without authority  
• 74 Life saving equipment, interfering with  
• 75 Dredging etc. prohibited without authority  
• 76 Persons to comply with reasonable directions of port authority staff  
• 77 Animals prohibited in port without authority  
• 78 Disorderly conduct  
• 79 Certain persons may be prohibited from entering port  
• 80 Smoking in designated places prohibited  
• 83 Selling or supplying things and soliciting business prohibited  
• 84 Wrecks not to be climbed on etc.  
• 85 Fire alarms, activating etc.  
• 86 Valves, hydrants etc., unauthorised use of  
• 87 Electric lights etc., unauthorised interference with  
• 88 Stray boats and other abandoned or unattended property  
• 89 Swimming in designated areas prohibited  
• 90 Closed areas of ports etc., unauthorised entry of  
• 91 Fishing in designated areas of port prohibited  
• 92 Fishing nets etc., use of  
• 93 Launching etc. boats in unauthorised places etc. prohibited  
• 94 Camping etc. prohibited unless authorised  
• 95 Marine life not to be removed from wharf etc. unless authorised  
• 96 Buildings etc. not to be erected without authority  
• 97 Excavation work not to be done unless authorised  
• 98 Motor boats and water skiing, restrictions on  
• 99 Races, regattas etc. not to be held without authority

PART 6 -- Vehicles in ports  

• 100 Terms used  
• 101 Application of road laws  
• 102 Careless driving  
• 103 Drivers to comply with traffic signs  
• 104 Stopping vehicles  
• 105 Parking vehicles  
• 106 Emergency vehicles, exceptions for  
• 107 Obstructing vehicles may be removed

PART 7 -- Infringement notices and modified penalties  

• 108 Prescribed offences (Act s. 124)  
109. Prescribed modified penalties (Act s. 125(2))   110. Over‑length vehicle, meaning of in Sch.  
• 111 Infringement notice, prescribed form of (Act s. 125(1))  
112. Withdrawal of infringement notice, prescribed form of (Act s. 127(1))

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. on request by certain officers  
• 115 Powers of authorised officers in relation to offenders  
• 117 Certain easements, leases and licences may be granted without Minister’s approval (Act s. 28(2))  
118. Amount of port authority’s liability prescribed (Act s. 40(3)(c))   118A. Port services prescribed (Act s. 35(9))   119. Rate of interest on overdue amounts (Act s. 136(1))   120. Rounding off amounts (Act Sch. 5 cl. 31)  
• 120A Jetty licences to which Schedule 8 clause 66(9) of Act applies  
• 121 Provisions for particular ports and port authorities
• SCHEDULE 1 -- Provisions for particular ports and port authorities
• SCHEDULE 3 -- Prescribed offences and modified penalties
• SCHEDULE 4 -- Forms