Esperance Port Authority Amendment Regulations (No. 2) 1993 (WA)

6 August 1993]	GOVERNMENT GAZETTE, WA	4277
TR302

ESPERANCE PORT AUTHORITY ACT 1968

ESPERANCE PORT AUTHORITY AMENDMENT REGULATIONS

(NO. 2) 1993

Made by the Esperance Port Authority and approved by His Excellency the

Governor in Executive Council.

Citation

1. These regulations may be cited as the Esperance Port Authority

Amendment Regulations (No. 2) 1993.

Principal regulations

2. In these regulations the Esperance Port Authority Regulations 1969 are

referred to as the principal regulations.

[* Reprinted as at 2 January 1991.

For amendments to 21 July 1993 see 1992 Index to Legislation of

Western Australia, Table 4, pp. 68-9.]

Regulation 1 amended

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

appropriate alphabetical positions the following definitions —

i4

"pilot" means a person appointed by the Governor under the Shipping and Pilotage Act 1967, and engaged by the Port Authority, to be a pilot at the Port;

it

"pilotage services" means the services provided by a pilot at the

Port;

Part III amended

4. Part III of the principal regulations is amended by inserting after

the vessel and the nature of the pilotage services obtained.

Division 2 the following Division —

ti

Division 2A — Pilotage

Vessels exempt from pilotage

37A. For the purposes of section 31 (1) of the Act, pilotage is

not compulsory within the boundaries of the Port for —

(a) a vessel of less than 150 gross registered tons; or

(b) an Australian vessel of war.

Pilotage dues

37B. The master and owner of a vessel for which pilotage services are obtained are jointly and severally liable to pay to the Port Authority the pilotage dues set out in Part A of the Fourth Schedule that are appropriate to the gross registered tonnage of

4278 GOVERNMENT GAZETTE, WA [6 August 1993

Dues payable if pilot detained

37C. (1) If the services of a pilot are arranged for a vessel and the pilot is for any reason detained for any time beyond that reasonably required to provide pilotage services for the vessel, the owner and master of the vessel are jointly and severally liable to pay to the Port Authority the pilot detention dues set out in Part B of the Fourth Schedule.

(2) Without limiting the generality of subregulation (1), a pilot is detained for a time beyond that reasonably required to provide pilotage services for a vessel if the pilot is —

(a)	detained because the vessel is not ready to leave its berth at the arranged time;
(b)	detained because the vessel does not arrive at the pilot boarding ground at the arranged time;
(c)	required to be taken into and detained in quarantine, whether afloat or ashore; or

(d) without the pilot's consent, taken to sea in the vessel.

(3) If the services of a pilot are arranged for a vessel and

that arrangement, with less than 2 hours notice having been given to the pilot, is cancelled by or on behalf of the owner or master of the vessel, the owner and master of the vessel are jointly and severally liable to pay to the Port Authority the pilot cancellation dues set out in Part C of the Fourth Schedule.

Fourth Schedule added

5.   After the Third Schedule to the principal regulations the following

Schedule is added —

4' FOURTH SCHEDULE

[regulations 37B and 37C1

PART A — PILOTAGE DUES

Pilotage services	Gross registered	Charge
tonnage of vessel

1. Pilotage of a vessel Under 1 500 1 329.00

into and out of the	1 500 to 3 000	1910.00
Port (charge applies	3 001 to 5 000	2 160.00
once for both services)	5 001 to 10 000	2 381.00
10 001 to 20 000	2 630.00
20 001 to 30 000	2 852.00
30 001 to 40 000	3 100.00
40 001 to 50 000	3 350.00

Over 50 000 3 558.00

6 August 1993] GOVERNMENT GAZETTE, WA 4279

Pilotage services Gross registered Charge

tonnage of vessel $

2. Pilotage of a vessel Under 1 500 664.50

from (or to) a berth	1 500 to 3 000	955.00
within the Port to (or	3 001 to 5 000	1 080.00
from) a place at or	5 001 to 10 000	1 190.50
near the pilot	10 001 to 20 000	1 315.00
boarding ground	20 001 to 30 000	1 426.00
30 001 to 40 000	1 550.00
40 001 to 50 000	1 675.00

Over 50 000 1 779.00

1. Pilotage of a vessel (Irrespective of the 400.00

being moved within	vessel's tonnage)
the Port (otherwise than as mentioned in item 2)

PART B — PILOT DETENTION DUES

1. Detention of pilot $471.00 for
each hour or
part of an hour

PART C — PILOT CANCELLATION DUES

1. Cancellation of pilot $471.00 IP

Passed by a resolution of the Esperance Port Authority at a meeting of the Authority

held on 26 July 1993.

The Common Seal of the Esperance Port Authority was at the time of the abovemen- tioned resolution affixed in the presence of—

R. E. BOWER, Chairman. U. P. CAPELLE, Member.

C. A. STEWART, General Manager.

Approved by this Excellency the Governor in Executive Council.

D. G. BLIGHT, Clerk of the Council.