Acts Amendment (Port and Marine Regulations) Act 1976 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT (PORT

AND MARINE REGULATIONS).

No. 12 of 1976.

AN ACT to amend the Albany Port Authority Act, 1926-1967, the Bunbury Port Authority Act, 1909-1967, the Esperance Port Authority Act, 1968, the Fremantle Port Authority Act, 1902- 1969, the Geraldton Port Authority Act, 1968, the Jetties Act, 1926-1965, the Port Hedland Port Authority Act, 1970-1973, the Shipping and Pilotage Act, 1967 and the Western Australian Marine Act, 1948-1975.

[Assented to 27th May, 1976.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:-

1. This Act may be cited as the Acts Amendment (Port and Marine Regulations) Act, 1976.

Short title,

No. 12.] Acts Amendment (Port and Marine [1976.

Regulations).

PART I.-ALBANY PORT AUTHORITY ACT,

1926-1967.

Short title

and	2. (1) In this Part the Albany Port Authority
citation.

Reprinted as	Act, 1926-1967 is referred to as the principal Act.
approved for reprint 24th March, 1971.
(2) The principal Act as amended by this Act may be cited as the Albany Port Authority Act, 1926- 1976.
Section 62A

added.

3. The principal Act is amended by adding after

section 62 a section as follows-

Adoption of

rules, codes,	62A. Any regulations made under this Act
etc.

may

(a)

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 the Standards Association of Australia, the British Standards Institution, The Association of Australian Port and Marine Authorities, or other like body specified in the regulations; and

(b)

provide that where by reason of unavailability of materials or other reason that the Port Authority considers valid any requirement adopted by the regulations cannot be conformed to, the Port Authority may approve such use of materials or other matters as it considers to be consistent with the achievement of the objects of the regulations. .

1976.] Acts Amendment (Port and Marine [No. 12.

Regulations).

PART II.-BUNBURY PORT AUTHORITY ACT,

1909-1967.

Short title

4. (1) In this Part the Bunbury Port Authority Act, 1909-1967 is referred to as the principal Act.	and citation.
Reprinted as approved for reprint
22nd January, 1970.
(2) The principal Act as amended by this Act may be cited as the Bunbury Port Authority Act, 1909- 1976.
Section 62A
5. The principal Act is amended by adding after section 62 a section as follows-	added.
Adoption of

62A. Any regulations made under this Act

rules, codes,

etc.

may

(a)

(b)

PART III.-ESPERANCE PORT AUTHORITY ACT, 1968.

Short title

6. (1) In this Part the Esperance Port Authority Act, 1968 is referred to as the principal Act.

and

citation.

No. 12.] Acts Amendment (Port and Marine [1976.

Regulations).

(2) The principal Act as amended by this Act may be cited as the Esperance Port Authority Act, 1968-1976.

Section 84

amended.

7. Section 84 of the principal Act is amended by adding after subsection (3) a subsection as follows

(4) Any regulations made under this Act

may

(a)

(b)

PART IV.-FREMANTLE PORT AUTHORITY ACT,

1902-1969.

Short title

and	8. (1) In this Part the Fremantle Port Authority (2) The principal Act as amended by this Act may be cited as the Fremantle Port Authority Act, 1902-1976.
citation.
Reprinted	Act, 1902-1969 is referred to as the principal Act.
as approved for reprint 23rd July, 1973.

1976.] Acts Amendment (Port and Marine [No. 12.

Regulations).

Section 66A

9. The principal Act is amended by adding after section 66 a section as follows-	added.
Adoption of

66A. Any regulations made under this Act

rules, codes,

may

etc.

(a)

(b)

PART 17.-GERALDTON PORT AUTHORITY ACT, 1968.

Sho title

10. (1) In this Part the Geraldton Port Authority and

citation.

Act, 1968 is referred to as the principal Act.

(2) The principal Act as amended by this Act may be cited as the Geraldton Port Authority Act, 1968-1976.

No. 12.] Acts Amendment (Port and Marine [1976.

Regulations).

Section 84

amended.

11. Section 84 of the principal Act is amended by adding after subsection (3) a subsection as follows

(4) Any regulations made under this Act

may

(a)

(b)

PART VI.-JETTIES ACT, 1926-1965.

Short title

and	12. (1) In this Part the Jetties Act, 1926-1965 is
citation.

Act No. 45 of

referred to as the principal Act.

1926 as

amended

by Acts Nos.

33 of 1957

and 30 of

1965.

(2) The principal Act as amended by this Act may be cited as the Jetties Act, 1926-1976.

1976.] Acts Amendment (Port and Marine [No. 12.

Regulations).

Section 4

13. Section 4 of the principal Act is amended by

amended.

adding after paragraph (1) a paragraph as follows

(la) Relating to the special precautions and measures to be taken in relation to the landing, shipping, trans-shipping, deposit, removal and keeping of flammable liquids, gunpowder and other explosive substances, or other dangerous goods at, on or from jetties or any premises appurtenant thereto or used in connection therewith; .

Section 4A

14. The principal Act is amended by adding after

added.

section 4 a section as follows-

Adoption

4A. Any regulations made under this Act

of rules,

may	codes, etc.

(a)

(b)

provide that where by reason of unavailability of materials or other reason that the department considers valid any requirement adopted by the regulations cannot be conformed to, the department may approve such use of materials or other matters as it considers to be consistent with the achievement of the objects of the regulations. .

No. 12.] Acts Amendment (Port and Marine [1976.

Regulations).

PART VIL-PORT HEDLAND PORT AUTHORITY ACT,

1970-1973.

Short title

(1) In this Part the Port Hedland Port Authority Act, 1970-1973 is referred to as the principal Act.

and

15.

citation.

(2) The principal Act as amended by this Act may be cited as the Port Hedland Port Authority Act, 1970-1976.

Section 3

Section 3 of the principal Act is amended by

substituting for the passage "Ss. 82-83" in line

nineteen the passage "Ss. 82-84".

amended.

16.

Section 84

17.

The principal Act is amended by adding after section 83 a section as follows-

added.

Adoption of

rules,

84. Any regulations made under this Act

codes, etc.

may

(a)

(b)

1976.] Acts Amendment (Port and Marine [No. 12.

Regulations).

PART VIII.-SHIPPING AND PILOTAGE ACT, 1967.

Short title

18.

(1) In this Part the Shipping and Pilotage

and

Act, 1967 is referred to as the principal Act.	citation.
(2) The principal Act as amended by this Act may be cited as the Shipping and Pilotage Act, 1967-1976.

19.	Section 12 of the principal Act is amended	amended.
Section 12

(a)	by adding after the section designation "12." the subsection designation "(1)";
(b)	by adding after the word "liquids" in the last line of paragraph (a) the passage ", gunpowder and other explosive substances, or other dangerous goods";
(c)	by adding at the end of the section subsections as follows

(2) Any regulations made under this

Act may

(a)

No. 12.] Acts Amendment (Port and Marine [1976.

Regulations).

(b)

provide that where by reason of unavailability of materials or other reason that the responsible authority considers valid any requirement adopted by the regulations cannot be conformed to, the responsible authority may approve such use of materials or other matters as it considers to be consistent with the achievement of the objects of the regulations.

(3) In subsection (2) of this section the

term "responsible authority" means

(a)	in relation to a port under the control of a Port Authority constituted or established under an Act, that Port Authority;
(b)	in relation to any other port, the Harbour and Light Department of the State. .

PART IL-WESTERN AUSTRALIAN MARINE ACT,

1948-1975.

Short title

and

20.

(1) In this Part the Western Australian (2) The principal Act as amended by this Act may be cited as the Western Australian Marine Act, 1948-1976.

citation.

Marine Act, 1948-1975 is referred to as the principal

Act.

Section 18

repealed

and

21.

The principal Act is amended by repealing

re-enacted.

section 18 and re-enacting that section as

follows-

Adoption of

rules,	18. Any rules or regulations made under this
codes, etc.

Act may

(a)	adopt, either wholly or in part or with modifications and either specifically or by reference, any rules, regulations,

1976.] Acts Amendment (Port and Marine [No. 12.

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 the Standards Association of Australia, the British Standards Institution, The Association of Australian Port and Marine Authorities, or other like body specified in the rules or regulations; and

(b)

provide that where by reason of unavailability of materials or other reason that the Department considers valid any requirement adopted by the rules or regulations cannot be conformed to, the Department may approve such use of materials or other matters as it considers to be consistent with the achievement of the objects of the rules or regulations. .