Jetties Amendment Regulations 2002 (WA)

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14 June 2002 GOVERNMENT GAZETTE, WA 2299

TRANSPORT

TR301*

Jetties Act 1926

Jetties Amendment Regulations 2002

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.             Citation

These regulations may be cited as the Jetties Amendment
Regulations 2002.

2.             The regulations amended

The amendments in these regulations are to the Jetties Act
Regulations 1940*.
[* Reprinted as at 10 December 1999.

For amendments to 28 May 2002 see 2001 Index to

Legislation of Western Australia, Table 4, p. 181.]

3. Regulation 2 inserted
After regulation 1 the following regulation is inserted —

2.             Liability for dues, charges and fees

Unless otherwise stated in a specific regulation, the owner and the master of a vessel are jointly and severally liable for the dues, charges and fees incurred by, or in relation to, the vessel or its cargo under these regulations.

”.

4. Regulation 3 amended
Regulation 3(1) is amended as follows:
(a) by rearranging the definitions into alphabetical order;

(b)

by inserting in the appropriate alphabetical positions the following definitions —

“Master” means a person, other than a pilot, having

command or charge of a vessel.

“Owner”, in relation to a vessel, means —

(a)

if the vessel is owned by an individual, that individual;

2300 GOVERNMENT GAZETTE, WA 14 June 2002
(b) if the vessel is owned by a body corporate or unincorporate, that body;
(c) a person who is purchasing the vessel under a contract that is a credit sale contract for the purposes of the Credit Act 1984;
(d) a person who is the purchaser or hirer of the vessel under a contract that for the purposes of the Consumer Credit (Western Australia) Code is a credit contract, or is to be regarded as a credit contract, to which that Code

applies;

(e) a person who has the use of the vessel under a hiring, hire purchase, lease, loan, charter or other agreement;
(f) a person who holds a current Certificate of Survey of the vessel, or in whose name the vessel is registered, but does not include an unpaid vendor under a hire purchase

agreement or the lessor under a lease.

”.

5.             Regulation 70A replaced

Regulation 70A is repealed and the following regulation is inserted instead —

70A. Rottnest Island berthing fee

The berthing fee set out in Appendix IA is payable when a vessel is berthed at the Main Ferry Jetty at Rottnest Island.

”.

6.             Regulation 94A replaced

Regulation 94A is repealed and the following regulation is inserted instead —

94A. Fees, etc. for pen rentals and services
The fees and charges payable for pen rentals and
services in particular ports and harbours (other than the
Port of Perth) are as set out in Appendix III Part 1.

”.

By Command of the Lieutenant-Governor and

deputy of the Governor,

ROD SPENCER, Clerk of the Executive Council.

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