Fremantle Port Authority Amendment Regulations 1990 (WA)

3082 GOVERNMENT GAZE 1 1 h, WA [22 June 1990

FREMANTLE PORT AUTHORITY ACT 1902

FREMANTLE PORT AUTHORITY AMENDMENT REGULATIONS 1990

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

Governor in Executive Council.

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

Regulations 1990.

Commencement

2. These regulations shall come into operation on 1 July 1990.

Principal regulations
3. In these regulations the Fremantle Port Authority Regulations 1971* are
referred to as the principal regulations.

[*Reprinted in the Gazette on 9 August 1979 at pp. 2295-2418. For amendment to 11 June 1990 see pp. 248-251 of 1988 Index to Legislation of Western Australia and Gazette of 30 June 1989.]

Part III amended
4. Part HI of the principal regulations is amended in section II by deleting the
heading "Berthing" after regulation 66 and substituting the following head-

ing—

" Berthing and Berthing Charges

Regulation 70A inserted

5. After regulation 70 of the principal regulations the following	regulation is
inserted—

(iv) 40' empty each 4.00 ".

Berthing charges

" 70A. The charges for berthing in North Quay Berths Nos. 1, 2, 4, 5, 6, 7,

8, 9, 11 and 12 at Victoria Quay Berth H, are set out in the Table.

TABLE
BERTHING CHARGES

Charge

(a)	Where a vessel is not loading or unloading
cargo per hour 46.00
(b)	Non containerized cargo as described on vessel's mani- fest—

(0 per tonne 1.00

(ii)	per kilolitre	1.00
(iii)	per cubic metre	1.00

(c) Containers, loaded or unloaded—

(i)	20'	each	13.00
(ii)	20' empty	each	2.00
(iii)	40'	each	26.00

22 June 1990] GOVERNMENT GA7EIm, WA 3083

Regulation 101 amended

6. Regulation 101 of the principal regulations is amended—

(a) in subregulation (1) by deleting "and no charge shall be made for such service,"; and

(b) by repealing subregulation (2).

Regulations 102 and 104 repealed and a regulation substituted
7. Regulations 102 and 104 of the principal regulations are repealed and the

following regulation is substituted—

Pilotage and related charges
102. The charges for the pilotage of a vessel and related matters are set out

in the Table.

TABLE

PILOTAGE AND RELATED CHARGES

(a)	For the pilotage of a vessel with each movement being assessed as one service—
(i) vessels up to 1 000 tons gross tonnage —from Gage Roads to Inner Harbour or vice

versa $556.00

(ii) vessels over 1 000 tons gross tonnage —from Sea Pilot boarding ground to Gage

Roads or vice versa $1890.00

—from Gage Roads to Cockburn Sound or

vice versa $1277.00

—from Gage Roads to Inner Harbour or vice

versa $1 111.00

—from Sea Pilot boarding ground to Inner

Harbour or vice versa $2278.00

—from Sea Pilot boarding ground to Cock-

burn Sound or vice versa $2444.00

(b)	Removal of vessel within Cockburn Sound	$519.00
(c)	Removal of vessel within the Inner Harbour	$260.00

(d) Surcharge for Northern Anchorage Cockburn

Sound $466.00

(e)	For any other pilotage service for each hour or
part thereof $137.00
(f)	For each entry into Cockburn Sound or the Inner

Harbour of a coastal or interstate vessel of which

the master holds a Pilotage Exemption Certificate $136.00 ".

Regulation 106 repealed and a regulation substituted

8. Regulation 106 of the principal regulations is repealed and the following

regulation is substituted—

Detention of pilots
106. (1) Where a pilot attends a vessel in accordance with an application
referred to in regulation 105 and his services are not required at that time
a charge of $260.00 per hour or part thereof shall be paid for the period the
pilot was in attendance.

(2) Where a pilot is detained on a vessel until the vessel is ready to leave the berth a charge of $260.00 per hour or part thereof shall be paid for the period the pilot was detained.

(3) Where a pilot attends a vessel in accordance with an application to conduct the vessel over the pilotage area between the sea pilot boarding ground and Gage Roads and the vessel does not arrive at the boarding ground at the appointed time a charge of $260.00 per hour or part thereof shall be paid for the period the pilot was detained. ".

Regulation 121 amended
9. Regulation 121 of the principal regulations is amended by inserting after

"issued" in subregulation (1) the following—

upon payment of the fee of $535.00, ".

3084 GOVERNMENT GA7F 1 1E, WA [22 June 1990

Regulation 126 repealed and a regulation substituted
10. Regulation 126 of the principal regulations is repealed and the following

regulation is substituted—

Computing time in berth

" 126. (1) For the purpose of assessing the Tonnage Rates payable, a vessel shall be deemed to occupy a berth as follows—

(a)	where a vessel uses a berth at a wharf or jetty or at a mooring buoy, from the time when the first line is made fast until the last line is let go; and
(b)	where a vessel anchors in the Outer Harbour, for the actual time occupied in shipping and discharging cargo, and embarking or disembarking passengers.

(2) A vessel which remains at anchor in the Outer Harbour, having arrived solely for orders or supplies (including bunkers) for her own use, or to be refitted or repaired, or being in distress or under duress, shall occupy a berth for the actual time the vessel remains at anchor. ".

Regulation 127 repealed and a regulation substituted
11. Regulation 127 of the principal regulations is repealed and the following

regulation is substituted—

General rates payable

" 127. Subject to regulation 129 the tonnage rates payable shall be assessed

at the rate of— (a) $0.0053; (b) where a vessel has an inboard incinerator $0.0045; or

(c) where regulation 126 (2) applies to the vessel $0.0016,

for each ton of the registered tonnage of the vessel for each hour or part

thereof during which the vessel occupies a berth. ".

Regulation 128 repealed and a regulation substituted
12. Regulation 128 of the principal regulations is repealed and the following

regulation is substituted—

Rebates of tonnage rates

" 128. (1) Where a vessel berths within the Port in any of the following

circumstances—

(a)	weather conditions render it unsafe for the vessel, being ready for sea, to leave the Port;
(b)	the vessel enters the Port for the sole purpose of landing a sick, injured or deceased person and immediately thereafter leaves the Port; or
(c)	subject to subregulation (2) the vessel— (i) is in distress;
(ii) due to mechanical or electrical fault berths for repairs under duress; or
(iii) is employed solely for religious mission work,

the rebate of tonnage rates allowable shall be 50% of the rates payable.

(2) The rebate referred to in subregulation (1) shall in any of the circumstances referred to in paragraph (1) (c) only be allowed for the first 7 days during which the vessel occupies a berth.

(3) The master or agent of any vessel which may, under this regulation, be qualified for a rebate of tonnage rates during the whole or any portion of the time in port shall, prior to or within 24 hours of the vessel's arrival in port, or within one hour of the commencement of the operations or delay referred to in subregulation (1), make a declaration in writing to the Secretary setting forth the circumstances applicable, and where a rebate applies for portion only of the vessel's time in port, a declaration of the actual times for which the rebate is claimed, must be lodged within 24 hours of the completion of the fitting, refitting, repairs or period under distress or duress provided that where the circumstances arise during other than ordinary working hours the declaration shall be made within 24 hours of the commencement of business on the next working day.

(4) Subject to subregulation (5), where a declaration is not lodged in

accordance with subregulation (3), full tonnage rates shall be payable.

(5) The Port Authority may in its discretion, at any time and from time to time and according to the circumstances of each particular case, allow any rebates of tonnage rates it considers reasonable. ".

22 June 1990] GOVERNMENT GAZEIm, WA 3085

Regulation 130 amended

13. Regulation 130 of the principal regulations is amended—

(a) in subregulation (1) by deleting "$168" and "$337" and substituting the following respectively—

it

" and " $357 "; and

(b) in subregulation (2) by deleting "$21.60" and substituting the follow- ing—

$23 ".

Regulation 131 repealed and a regulation substituted
14. Regulation 131 of the principal regulations is repealed and the following

regulation is substituted—

Mooring charges

" 131. (1) The charges for the mooring and unmooring of a vessel in the Port

are set out in the Table.

TABLE

MOORING AND UNMOORING CHARGES

Each
Service

$

(a) Vessels under 1 000 tons in the Inner Harbour	484.00
(b) All other vessels in the Inner Harbour	632.00
(c) All vessels in the Outer Harbour	1264.00

(2) Where a mooring gang is ordered or requisitioned for an unmooring service and attends a vessel for that purpose and the services of the gang for any reason whatsoever are not required at that time, a charge, equal to the cost of the mooring gang to the Port Authority, shall be paid for every hour or part thereof that the mooring gang was in attendance.

(3) For the purposes of this regulation each—

(a) mooring; and

(b) unmooring,

is a separate service. ".

Regulation 138 repealed and a regulation substituted
15. Regulation 138 of the principal regulations is repealed and the following

regulation is substituted—

Wharfage charges

it

138. (1) Subject to regulation 142, the consignee, consignor or owner of goods discharged from, to be shipped on or transhipped out of any vessel within the Port shall subject to subregulation (2) pay the wharfage

prescribed in regulations 139 and 140B respectively.

(2) Cargo landed on wharves or jetties from a vessel in distress, or for the convenience of a vessel, and subsequently reshipped shall pay wharfage at the rate of $2.64 per ton.

(3) For the purposes of assessing charges for cargo containers under regulation 140B—

"40"' means a container the dimensions of which are 12.192 m x

2.4384 m x 2.5908 m; and

"20"' means a container the dimensions of which are 6.096 m x

2.4384 m x 2.5908 m,

and a container having an external length of less than 6.096 m shall have wharfage charged in relation to it in the same proportion that the carrying potential of that container bears to a 20' container. ".

Regulation 139 repealed and a regulation substituted
16. Regulation 139 of the principal regulations is repealed and the following

regulation is substituted—

Wharfage charges—non-containerized cargo

" 139. The rates of wharfage charges on inward and outward non-
containerized cargo are set out in the Table.

3086 GOVERNMENT GAZE 1'1E, WA [22 June 1990

TABLE
WHARFAGE CHARGES—INWARD AND OUTWARD

NON-CONTAINERIZED CARGO

Description of Goods Charge

$

1.	Sheep	each 0.17
2.	All other cargo as described on vessel's manifest

per tonne 2.64

per kilolitre 2.64

per cubic metre 2.64 ".

Regulation 140B repealed and a regulation substituted
17. Regulation 140B of the principal regulations is repealed and the following

regulation is substituted—

Wharfage charges—containerized cargo

" 140B. The rates of wharfage charges on inward and outward containerized cargo are set out in the Table.

TABLE
WHARFAGE CHARGES—INWARD AND OUTWARD
CONTAINERIZED CARGO

Description	of Container Charges Charges
Container Size Inward/Outward	Inward/Outward

Empty

$ $

Open Top

Open	Sides 20'	Each 44.20 14.40
Tank
Ventilated	and 40'	Each 88.40 28.80

Wet Hide Units

and Bulk

Regulation 142 repealed and a regulation substituted
18. Regulation 142 of the principal regulations is repealed and the following

regulation is substituted—

Rebates of wharfage charges

" 142. The Port Authority may, in its discretion, and according to the circumstances of each case allow any rebates it considers reasonable on the wharfage charges prescribed in these regulations. ".

Regulation 146 repealed and a regulation substituted
19. Regulation 146 of the principal regulations is repealed and the following

regulation is substituted—

Outward wharfage rates on fuel oil

" 146. The outward wharfage rates on fuel oil loaded into a vessel as bunkers has not been paid, shall be $2.64 per kilolitre, payable by the suppliers of	supplied for the vessel's own use, and upon which an inward wharfage rate
the oil. ".

Regulation 147 amended
20. Regulation 147 of the principal regulations is amended in subregulations (1),
(3) and (5) by deleting "charges" wherever it occurs and substituting in each

place the following—

• services ".

Regulation 149 amended
21. Regulation 149 of the principal regulations is amended by deleting
"handling charges thereon at rates not exceeding those prescribed in these

regulations" and substituting the following—

• any reasonable costs incurred in handling the cargo ".

Regulation 150 amended
22. Regulation 150 of the principal regulations is amended in subregulation (2)
by deleting "whole, but where the cargo is for any reason handled into a shed
or on to a wharf, the handling charges properly applying to that method shall

be paid." and substituting the following—

• whole. ".

22 June 1990] GOVERNMENT GAZETTE, WA 3087

Regulation 152 repealed and a regulation substituted
23. Regulation 152 of the principal regulations is repealed and the following

regulation is substituted—

Haulage of railway wagons

" 152. Where cargo is landed direct into or shipped out of railway wagons the haulage and other charges imposed by the Railway Department must be paid by the person ordering the wagons to the Railway Department direct, and the onus of requisitioning the Railway Department for supply of wagons shall rest with the consignee or shipper respectively. ".

Regulation 185 amended

24. Regulation 185 of the principal regulations is amended— (a) in paragraph (a) by deleting 11.07" and substituting the following—

" $1.13 "; and

(b) in paragraph (b) by deleting 11.07" in both places where it occurs and substituting in each place the following—

" $1.13 ".

Regulation 193 amended
25. Regulation 193 of the principal regulations is amended by deleting

subregulation (1) (q)(iii).

Regulation 194 amended
26. Regulation 194 of the principal regulations is amended by repealing

paragraph (h) and substituting the following paragraph—

(h) The Port Authority will employ watchmen to supervise—

(a) the discharge from a vessel of inflammable liquid;

(b)	the loading onto a vessel of inflammable liquid, unless the quantity does not exceed 2 000 litres and is immediately placed aboard the vessel; or
(c)	the storage of any quantity of inflammable liquid, in excess of 200 litres, which is permitted by the Manager, to accumulate on any wharf for shipment,

during the whole of the time the inflammable liquid is handled or remains on any wharf or other part of the premises of the Port Authority. ".

Regulation 229 amended
27. Regulation 229 of the principal regulations is amended in subregulation (2)

by deleting ", and shall be at the rates prescribed hereinafter".

Regulation 230 amended
28. Regulation 230 of the principal regulations is amended in subregulation (3)

by deleting "as prescribed in regulation 237 of these regulations".

Various provisions and Schedule B repealed

29. The principal regulations are amended by repealing Schedule B and the

provisions referred to in the Table to this regulation. TABLE

Regulation 140	Regulation 164
Regulation 140A	Regulation 170 (2)
Regulation 141	Regulation 171
Regulation 141A	Regulation 237
Regulation 143	Regulation 238
Regulation 144	Schedule B
Regulation 145

The Common Seal of the Fremantle Port Authority was affixed on the 11th day of June 1990 by order and in the presence of—

J. H. E. TAPLIN, Chairman of Commissioners.
TREVOR POUSTIE, Commissioner.

ALEC MEYER, Secretary.

Approved by His Excellency the Governor in Executive Council 19 June 1990.
M. WAUCHOPE, Clerk of the Council.