Fremantle Port Authority Amendment Regulations (No. 3) 1991 (WA)

6112 GOVERNMENT GAZETTE, WA f6 December 1991

PORT AUTHORITIES

PH301

FREMANTLE PORT AUTHORITY ACT 1902

For subsequent amendments see pp. 2247-252 of 1990 Index to Legislation of Western Australia and Gazettes of 14 June and 5 July 1991.1

FREMANTLE PORT AUTHORITY AMENDMENT REGULATIONS

(NO. 3) 1991

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 (No. 3) 1991.

Principal regulations

In these regulations the Fremantle Port Authority Regulations 1971* are

2.

referred to as the principal regulations.

(* Reprinted in the Gazette on 9 August 1979 at pp. 2295-2418.

6 December 19911 GOVERNMENT GAZETTE, WA 6113

Regulation 68 amended

3.   Regulation 68 of the principal regulations is amended —

(a) by repealing subregulation (1) and substituting the following

subregulations

Ct

The master of a vessel, which is subject to the payment of tonnage rates under regulation 127, shall notify the Port Authority of the vessel's expected arrival time —

(1)

(a)	24 hours ahead, when the vessel is in the
vicinity of the Fairway Buoy marking the approach to Gage Roads; and
(b)	2 hours ahead, to confirm or alter the

notification given under paragraph (a),

and this notification shall be given by either wireless
telegraphy or facsimile.

(la) The master of a vessel, which is subject to payment of tonnage rates under regulation 130, shall advise the Port Authority of the movements of the vessel through the waters of the Port and shall: in the opinion of the Port Authority, maintain sufficient radio contact with the Port Authority to do so.

and

(b) in subregulation (2) by inserting after "telegraphy" the

following —

tf

or facsimile

Regulation 106 repealed and
a regulation substituted

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   Regulation 106 of the principal regulations is repealed and the following

regulation is substituted —

Detention or cancellation of pilot

a	106. (1) Where an application for a pilot to provide services is	made in accordance with regulation 105 and his services are not
required at that time, the Port Authority may charge, and the applicant shall pay, $278.
who is providing services under an application referred to in (2) Where the master or agent of any vessel detain a pilot,
regulation 105, for a period exceeding that which the application specifies, the Port Authority may charge, and the master or agent shall pay, an amount of $278 per hour or part thereof for the period that the pilot is detained.
with an application under regulation 105, to conduct a vessel (3) Where the services of a pilot are available, in accordance
from a nominated pilot boarding ground to a berth, as specified in the application, and the vessel —

(a) does not arrive at the boarding ground at the

appointed time; or

(b) is not ready to proceed within half an hour of the

appointed time,

the Port Authority may charge, and the master or agent shall pay, an amount of $278 per hour or part thereof for the excess period, calculated from the appointed time.

6114 GOVERNMENT GAZETTE, WA (6 December 1991

Regulation 131 amended

5.   Regulation 131 of the principal regulations is amended by repealing

subregulations (2) and (3) and substituting the following subregulations —

a (2) Where a mooring gang is ordered or requisitioned to provide a service for a vessel- and the services of the gang are not required at the nominated time, the Port Authority may charge, and the ship owner or agent shall pay, the following amounts in the following circumstances —

(a)	where the mooring gang is detained for more	than
half an hour beyond the nominated time —

(i)	during ordinary hours —	25% of the charge for
the appropriate service	for each hour or part
thereof that the gang	is detained after the
nominated time;
(ii)	during overtime hours —	50% of the charge for
the appropriate service	per 2 hours or part
thereof that the gang	is detained after the
nominated time;

(b) where the request for the mooring gang is

cancelled —

(i)   during ordinary hours —

(A)	where at least 2 hours notice is given — no charge;
(B)	where less than 2 hours notice is given 25% of the appropriate service charge;

(ii) during overtime hours — 100% of the appropriate service charge.

(3)	For the purposes of this regulation —
(a)	each mooring and each unmooring is a separate service;
(b)	"ordinary hours" are the hours between 7 am and

4 pm Monday to Friday, excluding public holidays;

(c) "overtime hours" are any hours which are not

ordinary hours;

(d)	"service charge" means the charge set out in
subregulation (1). a

Part VI repealed and
a Part substituted

6.  Part VI of the principal regulations is repealed and the following Part is

substituted —

tt

PART VI— LICENCES AND PERMITS

Baggage porters to be licensed

239. A person shall not ply or tout for hire as a baggage porter at or on any wharf or upon any vessel within the port unless the person holds a licence issued under regulation 241.

6 December 1991) GOVERNMENT GAZETTE, WA 6115

Application for licence

240.    An application for a licence or renewal of a licence shall

be —

(a)	submitted on a form approved by the Port Authority;
(b)	in the case of an initial application, accompanied by 2

written testimonials supporting the application;

(c)	signed by the applicant; and
(d)	lodged with the Port Authority, at least 14 days prior to the expiry of any existing licence, together with an application, or renewal, fee of $5.

Issue of licence

241. Following an application in accordance with regulation 240, the Port Authority may issue a licence to a person allowing that person to operate as a baggage porter independently, or as the servant, agent or contractor of a business.

Terms of licence

242.   A licence issued under regulation 241 —

(a)	expires on 30 June after the issue of that licence unless otherwise provided in that licence;
(b)	is subject to the terms and conditions (if any) imposed upon that licence by the Port Authority; and
(c)	may, by written notice given personally or by post to the licensee by the Port Authority, be varied or revoked by the Port Authority.

Badge to be worn by licensee

243. A licensee under this Part shall wear an identifying badge,

approved by the Port Authority, whenever operating under the
licence.

Transfer of licence

244. A licensee under this Part shall not assign or transfer his

licence, or allow his badge to be used by another, without the
written consent of the Authority.

Carriers and drivers

245. (1) A person who enters the premises of the Port Authority with a vehicle to ply for hire for the carriage of passengers or passengers' luggage, or for the carriage of goods, shall not —

(a) park other than in a space allotted by the Port

Authority and indicated as such by signs;

(b)

discharge passengers or any light luggage in the
vicinity of a vessel unless —

(i)	the vehicle is, in the opinion of the Manager, left in a safe position; and.
(ii)	the vehicle is removed immediately after the

passengers or luggage have been discharged.

6116 GOVERNMENT GAZETTE, WA [6 December 1991

(2) A carrier or driver described in subregulation (1) may join a "rank" of other carriers or drivers in a space allocated by the Port Authority for that purpose and when joining that rank —

(a) shall park in the next available position after those

vehicles already parked in that rank; and

(b) shall not accept a hiring before a carrier or driver
with a prior position in that rank.

Cancellation of licence
or refusal of entry

246. (1) Notwithstanding anything in this Part, where a licensed baggage porter, or a carrier or driver, refuses to comply with a direction given by a Port Authority officer or a police officer, or where, in the Port Authority's opinion, misconduct is established against a porter, carrier or 'driver, the Port Authority may —

(a)	in the case of a licensed baggage porter, suspend or
cancel the porter's licence;
(b)	in the case of a carrier or driver, refuse that person entry to the premises of the Port Authority.

A licensed baggage porter shall, if his licence is cancelled

under subregulation (I) (a), deliver his licence and badge to the
Port Authority.

(2)

Part VDT repealed

7.   Part VIII of the principal regulations is repealed.

The Common Seal of the

Fremantle Port Authority
was affixed on the 22nd
day of October 1991

by order and in presence of—

W. I. MeCULLOUGH, Chairman of Commissioners.
Z. SUMICH, Commissioner.

A. W. MEYER, Secretary.

Approved by His Excellency the Governor in Executive Council.

L. M. AULD, Clerk of the Council.