Albany Port Authority Amendment Regulations (No. 2) 1994 (WA)

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3344 GOVERNMENT GAZETTE, WA [8 July 1994
E* Published in Gazette of 30 March 1951 at pp. 680-714. For amendments to 29 June 1994 see 1993 Index to Legislation of Western Australia, Table 4, pp. 11-15, and - Gazette of
10 June 1994 at pp. 2419-20.]
PI1301 ALBANY PORT AUTHORITY ACT 1926

ALBANY PORT AUTHORITY AMENDMENT REGULATIONS

(NO. 2) 1994

Made by the Albany Port Authority.

Citation

1.     These regulations may be cited as the Albany Port Authority Amendment

Regulations (No. 2) 1994.

Principal regulations

2.     In these regulations the Albany Port Authority Regulations 1951* are

referred to as the principal regulations.

8 July 19941 GOVERNMENT GAZETTE, WA 3345

Regulation 1 amended

3. Regulation 1 of the principal regulations is amended by inserting before

the definition of "Gross Registered Tonnage" the following definition -

U

"deadweight tonnage" means the weight, in tonnes, of a vessel's cargo, stores, fuel, passengers and crew when the vessel is loaded to its maximum summer loadline;

Regulation 53A repealed

4. Regulation 53A of the principal regulations is repealed.

Regulation 54 amended

5. Regulation 54 of the principal regulations is amended by inserting after

"Tonnage Bates" the following -

and berth hire charges ".

Regulation 55 amended

6. Regulation 55 of the principal regulations is amended -

(a) by deleting "Tonnage Rates" and substituting the following -

berth hire charges

(b) in paragraph (6) by deleting "25 tons gross register" and substituting the following -
35 metres length overall "; and
(c) by deleting "minimum Dues as provided in Regulation 58" and

substituting the following -

the minimum charge referred to in regulation 60

Regulation 57 amended

7. Regulation 57 of the principal regulations is amended by deleting

"Tonnage Rate payable" and substituting the following -

berth hire charges under regulation 59

Regulation 58 repealed and regulations 58 and 59 substituted
S. Regulation 58 of the principal regulations is repealed and the following regulations are substituted -
a

Tonnage rates

58. (1) The owner and master of a vessel that occupies a berth at the Port are jointly and severally liable to- pay to the

Port Authority the appropriate tonnage rate set out in

subregulation (2).

(2) The tonnage rate -

(a) for a vessel, other than a vessel referred to in regulation 57 (c), is 30 cents for each tonne of the
minimum charge of $200.00; or deadweight tonnage of the vessel, subject to a

(b)

for each tonne of the deadweight tonnage of the for a vessel referred to in regulation 57 (c) is one cent vessel, subject to a minimum charge of $100.00.

3346 GOVERNMENT GAZETTE, W [8 July 1994

Berth hire charges

59. (1) Subject to regulations 55, 60, 61, 62 and 63 and subregulation (2) -

the owner and master of a vessel that occupies a

(a) berth at the Port are jointly and severally liable to
for each 8 hour period, or part of such period, during Fay to the Port Authority a berth hire charge of $825

which the berth is occupied by the vessel; ana

(b) if the vessel has a cargo -

(i) the consignor of the cargo (for cargo leaving the is liable to pay to the Port Authority an amount equal to the berth hire charge payable under paragraph (a).

Port); or

(ii) the Port), the consignee of the cargo (for cargo arriving at
respect of a vessel referred to in regulation 57 (c). (2) Charges under subregulation (1) are not payable in

Regulation 60 amended

9.      Regulation 60 of the principal regulations is amended -

(a) by deleting "twenty four hours at the maximum rate applicable to

Ye vessel and substituting the following -

8 hours

by deleting "Tonnage Rates assessed under Regulation No. 58"

(b) and substituting the following -
" berth hire charges under regulation 59
(c)
in paragraph (f), by deleting "Tonnage Rates" and substituting the following -
" berth hire charges
(d)
in paragraph (g), by deleting "Tonnage Rates" in both places where it occurs and substituting in each case the following -
" berth hire charges "; and
(e) in paragraph (h), by deleting "tonnage rates" and substituting the
following -
" berth hire charges

Regulation 61 amended

10. Regulation 61 of the principal regulations is amended by deleting "Tonnage Rates" in both places where it occurs and substituting in each case the following -

berth hire charges

Regulation 62 amended

11. Regulation 62 of the principal regulations is amended -

(a) by deleting "Tonnage Rates" and substituting the following -
berth hire charges "; and
(b) by deleting "12s" and substituting the following -

$1.20

8 July 19941 GOVERNMENT GAZE11E, WA 3347

Regulation 63 amended

12.      Regulation 63 of the principal regulations is amended -

(a) by deleting "Tonnage Rates prescribed by regulation 58 of these

regulations," and substituting the following -

berth hire charges under regulation 59 "; and
(b) in paragraph (a), by deleting "Tonnage Rates" and substituting the following—

berth hire charges

Regulation 73 amended

13.      Regulation 73 of the principal regulations is amended -

(a) substituting the following - in subregulation (1), by deleting "Wharfage, handling" and
Wharfage "; and
(b) substituting the following - in subregulation (2), by deleting "Wharfage, Handling" and

" Wharfage Regulation 73A amended 14. Regulation 73A of the principal regulations is amended by deletin

"Wharfage and Handling Charges prescribed in regulations Nos. 74, 7

and 76, respectively of these regulations" and substituting the following -

wharfage charges set out in regulation 74

Regulation 74 repealed and a regulation substituted

15. Regulation 74 of the principal regulations is repealed-and the following

regulation is substituted -

Wharfage charges

wharfage charge for cargo that arrives at or leaves the Port is 74. (1) Subject to regulation 96 and subregulation (2), the
$1.00 for each tonne of cargo.
(2) The wharfage charge -

for horses or cattle arriving at or leaving the Port is

(a) $1.00 for each animal; and

for sheep, goatsor pigs arriving at or leaving the Port

(b) is $0.16 for each animal.

Regulations 77, 78, 79, 81 and 82 repealed

16.     Regulations 77, 78, 79, 81 and 82 of the principal regulations are

repealed.

Regulation 83 amended

17. Regulation 83 (a) of the principal regulations is amended by deleting "dues and handling".
3348 GOVERNMENT GAZETTE, WA [8 July 1994

Regulation 96 amended

18.      Regulation 96 of the principal regulations is amended -

(a) prescribed in regulations Nos. 74 and 75" and substituting the in paragraph (a) by deleting "rates of handling charges

following -

wharfage charges set out in regulation 74 "; and

paybalew in both places where it

(b) in paragraph (b), by deleting occurs and substituting in each case the following -

payable

Regulation 98a amended

19. Regulation 98a of the principal regulations is amended by deleting

"handling charges" and substituting the following -

charges

Regulation 101 amended

20.      Regulation 101 of the principal regulations is amended -

(a) by deleting "and handling" in the first place where it occurs; and
(b) by deleting "and handling charges as ordinary cargo".

Regulation 129B amended

21. Regulation 129B of the principal regulations is amended -

(a) by inserting after the regulation designation "129B." the

subregulation designation "(1);

(b) by deleting "The" and substituting the following -

69

Subject to subregulation (2), the

(c) by deleting "gross registered" and substituting the following -
deadweight "; and
(d) by inserting the following subregulation -
a

(2) Payment of the appropriate tonnage rate set out in regulation 58 (2) in respect of a vessel includes

payment for the pilotage of the vessel once into and

once out of the Port.

Regulation 141A repealed and regulations 141A and 141B substituted

22. Regulation 141A of the principal regulations is repealed and the following regulations are substituted -

a

Mooring and unmooring charges

141A. (1) Subject to subregulation (2) the owner and master

Authority the charge set out in Part A of Schedule 1) for the mooring and urnnooring of the vessel in the Port. of a vessel are jointly and severally liaile to pay to the Port

(2) Payment of the appropriate tonnage rate set out in vessel to be moored once and unmoored once in the Port.

regulation 58 (2) in respect of a vessel includes payment for the

8 July 19941 GOVERNMENT GAZETTE, WA 3349

Charges payable if providers of mooring or anmooring services are detained or services are cancelled

141B. (1) If

the service of mooring or unmooring a vessel is

(a) arranged by or on behalf of the owner or master of a

vessel with the Port Authority; and

(b) the persons who are to provide the service are for any

reason detained at the vessel for any time beyond

that reasonably required to provide the service,

to pay to the Port Authority the appropriate detention charge set the owner and master of the vessel are jointly and severally liable
out in Part B of Schedule D.

(2) If an arrangement referred to in subregulation (1) (a), with less than 2 hours notice having been given to the Port Authority is cancelled by or on behalf of the owner or master of the vessel in respect of which the arrangement was made, the owner and master of the vessel are jointly and severally liable to pay to the Port Authority the appropriate cancellation charge set

out in Part C of Schedule D.

Schedule C repealed and a Schedule substituted

23. Schedule C to the principal regulations is repealed and the following

Schedule is substituted -

SCHEDULE C

[regulations 129B and 129C}

PART A - PILOTAGE DUES
Pilotage services Deadweight tonnage Charge
of vessel $
1. Pilotage of a vessel Under 5001 1500.00
into and out of the 5001 to 20 000 2000.00
Port (charge applies 20 001 to 40 000 2500.00
once for both services) 40 001 to 60 000 3000.00
Over 60 000 3500.00
2. Pilotage of a vessel (Irrespective of the 750.00
from berth to berth vessel's tonnage)
within the Port

PART B - PILOT DETENTION DUES

1. Detention of pilot $450.00

PART C - PILOT CANCELLATION DUES

1. Cancellation of pilot $450.00
3350 GOVERNMENT GAZErrh, WA [8 July 1994

Schedule D added

24. After Schedule C to the principal regulations the following Schedule is

added —

a

SCHEDULE D

[regulations 141A and 141B]

PART A — MOORING AND UNMOORING CHARGES

1. Mooring and unmooring a vessel $750.00
in the Port (charge applies
once for both services)

PART B — DETENTION CHARGES

1. Detention charge — mooring a vessel $375.00 per
hour
2. Detention charge — unmooring a vessel $225.00 per
hour

PART C — CANCELLATION CHARGES

1. Cancellation charge — mooring a vessel $750.00
2. Cancellation charge — unmooring a vessel $450.00

on 27 June 1994.

Passed by a resolution of the Albany Port Authority at a meeting of the Authority held resolution affixed in the presence of—

T. J. ENRIGHT, Chairman.
N. S. HALL, Member.

R. H. EMERY, Managing Secretary.

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