Jetties Amendment Regulations (No. 2) 2020 (WA)
26 June 2020 GOVERNMENT GAZETTE, WA 2111 MARINE/MARITIME
MA301
Jetties Act 1926
Jetties Amendment Regulations (No. 2) 2020
SL 2020/96
Made by the Governor in Executive Council.
1. Citation
These regulations are the Jetties Amendment Regulations
(No. 2) 2020.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(1) In regulation 3(3) delete "a Schedule —" and insert: Schedule 1 or 3 — (2) In regulation 3(4) delete "a Schedule" and insert:
Schedule 1 or 3 (b) the rest of the regulations — on 1 July 2020.
3. Regulations amended These regulations amend the Jetties Regulations 1940.
4. Regulation 3 amended
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(3) In regulation 3(5A) delete "a Schedule." and insert: Schedule 1 or 3. (4) In regulation 3(5) delete "a Schedule" and inscrt: Schedule I or 3 5. Part 3A inserted
After regulation 1051 insert:Part 3A - Licence fees
Division 1 Preliminary
105J. Terms used
In this Part—
amended licence fee has the meaning given in
regulation 105K(5);
annual licence fee has the meaning given in
regulation 105K(6);business includes the following -
(a) a trade or profession; (b) a business not carried on for profit; (c) any activities of— (i) a body corporate (including a local government, regional local government
or regional subsidiary); or (ii) any other association, society, club, institution or other body;
business licence means a licence that authorises the jetty, or 1 or more of the jetties, to which the licence relates to be used, or to be used once erected or
constructed, for the purposes of a business (whether
carried on by the licensee or by another person);
fuel pipeline means a pipeline for transmission of
liquids derived from petroleum, coal or shale on or
from ajetty;fuel pipeline licence means a licence that -
(a)
relates to a jetty vested in, used by, or under the control of the Department; and
(b) is granted for the purposes of regulation 67A;
26 June 2020 GOVERNMENT GAZETTE, WA 2113 jetty has the meaning given in section 3 of the Act
(despite regulation 3(1));
licence means a licence granted under section 7(1) of
the Act;local government public licence means a licence -
(a) that relates only to 1 or more jetties that are the property of a local government; and (b) the purpose of which is to make the jetty, or each of the jetties - (i) available for use by the general public free of charge; or
(ii) so available once erected or constructed;
new licence fee has the meaning given in
regulation 105K(3);
private licence means a licence that relates only to I or
more private jetties;
ramp means a ramp which is, or may be, used for the
purpose of launching or landing a vessel;
replacement licence fee has the meaning given in
regulation 105K(4);
vessel has the meaning given in section 3 of the Act(despite regulation 3(1)).
105K. Obligation to pay licence fees
(1) This Part—
(a)
prescribes the fees that are payable for licences; and
(b)
for the purposes of section 5(1 )(b) of the Act, is applicable to jetties under the control of any local government.
(2) Subregulations (3) to (6) explain the different types of
fees that are prescribed by this Part.(3) A new licence fee is a fee that is payable by a licensee
on the granting to them of a new licence, except in a
case described in subregulation (4).(4) A replacement licence fee is a fee that is payable by a
licensee on the granting to them of a licence if the
licence -
(a) is granted to replace an earlier licence - (i) of which another person is the licensee; and
(ii) that is cancelled on the granting;
and
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(b) is the same as the earlier licence except for - (i) the change in licensee; and
(ii) the date of its coming into force.
(5) An amended licence fee is a fee that is payable by a
licensee on the granting to them of an amended licence
if—
(a) the licensee's licence is amended on an application made by the licensee to the chief executive officer; and (b) the purpose of the amendment is to authorise the licensee - (i) to modify the jetty, or 1 or more of the jetties, to which the licence relates; or
(ii) if the licence is a fuel pipeline licence - to modify the fuel pipeline authorised by the licence.
(6) An annual licence fee is an annual fee that is payable
by a licensee -
(a)
in respect of the 2Ki year, and each subsequent year, of the licensee's licence; and
(b)
within 30 days after the beginning of the year in question.
(7) A licensee must pay any fee prescribed for their licence
to the chief executive officer at the time the fee is
payable in accordance with subregulation (3), (4), (5)
or (6) (as the case requires).
Division 2 - Prescribed licence fees
105L. Private licence for certain type of ramp on freehold
land
(1) This regulation applies to a private licence if—
(a) the jetty, or each of the jetties, to which the
licence relates is a ramp that is, or will be once
erected or constructed, situated wholly -(i) on land held in freehold; and
(ii) ordinarily out of water;
and
(b) the licence is none of the following - (i) a business licence;
(ii) a local government public licence.
(2) The following fees are prescribed for a private licence
to which this regulation applies -
(a) a new licence fee of $140.90; (b) a replacement licence fee of $140.90;
26 June 2020 GOVERNMENT GAZETTE, WA 2115
(c) an amended licence fee of $136.80; (d) an annual licence fee of $47.60.
105M. Private licence for jetty not used for business
purposes
(1) This regulation applies to a private licence if—
(a) the licence is none of the following - (i) a business licence;
(ii) a local government public licence;
and
regulation 105L does not apply to the licence.
Subject to subregulations (3) and (4), the following
fees are prescribed for a private licence to which this
regulation applies -
(b)
(2)
(a) a new licence fee of $635.00; (b) a replacement licence fee of $410.40; (c) an amended licence fee of $136.80; (d) an annual licence fee of $145.00.
(3)
Subregulation (4) applies if 2 separate private licences to which this regulation applies are, or will be, in force concurrently in relation to the same jetty.
(4) The following fees are prescribed for each private
licence -
(a) a new licence fee of $565.00; (b) a replacement licence fee of $410.40; (c) an amended licence fee of $136.80; (d) an annual licence fee of $72.60.
105N. Private licence for jetty used for business purposes
(1) This regulation applies to a private licence that is a
business licence but is not a local government public
licence.(2) Subject to subregulations (3) to (5), the following fees
are prescribed for a private licence to which this
regulation applies -
(a) a new licence fee of $1339.30; (b) a replacement licence fee of$1 000.90; (c) an amended licence fee of $136.80; (d) an annual licence fee of $735.00.
(3) In subregulations (4) and (5), references to the number
of berths authorised by the private licence are to -
(a) the number of berths that the jetty to which the
licence relates is authorised by the licence to
have; or
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(b) if the licence relates to 2 or more jetties - the
number of berths that those jetties, taken
together, are authorised by the licence to have.
(4) If the private licence authorises more than 10 berths,
but no more than 20 berths, the following fees are
prescribed for the licence -
(a) a new licence fee of $1962.80; (b) a replacement licence fee of $1000.90; (c) an amended licence fee of $136.80; (d) an annual licence fee of $1 101.90.
(5) If the private licence authorises more than 20 berths,
the following fees are prescribed for the licence -
(a) a new licence fee of $2 588.50; (b) a replacement licence fee of$1 000.90; (c) an amended licence fee of $136.80; (d) an annual licence fee of $1469.20.
1050. Fuel pipeline licence
The following fees are prescribed for a fuel pipeline licence -
(a) a new licence fee of $1471.80; (b) a replacement licence fee of $1 100.00; (c) an amended licence fee of $150.50; (d) an annual licence fee of $808.50.
105P. Local government public licence
The following fees are prescribed for a local government public licence -
(a) anew licence fee of $95.10; (b) a replacement licence fee of $95.10;
(c) an amended licence fee of $136.80; (d) an annual licence fee of $42.20.
6. Schedule 1 amended
(1) Delete Schedule 1 Division I and insert:
Division 1 - Preliminary matters I. Standard rates for this Schedule
In this Schedule, the following rates are standard rates -
Rate 1: a casual daily rate of $7.80 per metre of the vessel's length
Typically used to calculate the standard daily rate for casual use of a pen or alongside berth (whether or not the alongside berth is on a service jetty) for a commercial vessel.
26 June 2020 GOVERNMENT GAZETTE, WA 2117 Rate 2: a casual daily rate of $55.00
Typically used to calculate the standard daily rate for casual use of a pen or alongside berth (whether or not the alongside berth is on a service jetty) for a recreational vessel.
Rate 3: an annual rate of $88.40 per metre of the vessel's length
Typically used to calculate the standard annual rate for short term use of a service jetty for a vessel (other than service vessels at certain places).
2. Transferability of annual payments
(1) A vessel for which there has been paid an annual amount to
the Department for short term use of a service jetty at a
place specified in this Schedule may use a service jetty for
up to an hour in a day at any other place specified in this
Schedule (excluding the Port of Wyndham) or at a place
specified in Schedule 3.(2) A vessel for which there has been paid an amount to the
Department for annual use of a pen, alongside berth or
mooring at a place specified in this Schedule may use a
service jetty for up to an hour in a day at any other place
specified in this Schedule (excluding the Port of Wyndham)
or at a place specified in Schedule 3.3. Service jetty entitlements
A vessel for which there has been paid an amount to the place specified in this Schedule (excluding the Port of Wyndham) may have access to a service jetty for up to an hour in a day for the duration of its stay at that place.
4. Active loading and unloading
A fishing vessel to which clause 2 or 3 applies may remain at a service jetty for longer than the time allowed under that
clause if— (a)
the extra time is required to complete active loading and unloading operations; and
(b)
the active loading and unloading operations are continuously in progress; and
(c)
the vessel vacates the berth during that extra time to facilitate other requirements or avoid adverse effects on other harbour operations, when directed to do so by an officer.
(2) In Schedule 1 clause 16(3) in the Table -
(a) in item 12 delete "11.75" and insert: 11.95
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(b) in item 13 delete "18.10" and insert: 18.40
(3) In Schedule 1 clause 25(3) in the Table -
(a) in item 5 delete "10.50" and insert: 10.70
(b) in item 8 delete "9.05" and insert: 9.20
(4) In Schedule 1 clause 26(3) in the Table item 6 delete "9.05" and
insert:9.20 (5) In Schedule 1 clause 26(4) in the Table item 1 -
(a) delete "215.30" and insert: 219.60
(b) delete "314.35" and insert: 320.60
(6) Delete Schedule 1 clause 30 and insert:
30. Port of Wyndham
(1) This clause applies to the Port of Wyndham. (2) The berthing dues payable are set out in the Table. Berthing
Item
Vessel
Dues
Minimum per day ($)
Vessel of 300 gross $1.32 per tonne, per cubic registered tonnes or metre, or per kilolitre, at over option of officer in charge, on all cargo landed or
shipped 197.05 2. Vessel under 300 gross $7.13 per metre of the
registered tonnes vessel's length, per day 131.31
26 June 2020 GOVERNMENT GAZETTE, WA 2119
Item Vessel Dues Minimum per day ($) 3. Vessel using berth for $7.13 per metre of the
purposes other than vessel's length, per day
handling cargo 131.31 4.
Vessel carrying $10.23 per empty container containers $32.91 per loaded
container
(3) The wharfage dues payable are set out in the Table.
Wharfage
Item Goods $
Cargo in 20 feet equivalent unit (TEU) containers -
fertiliser, per TEU 114.24 explosives, per TEU 141.33 products of the soil (not otherwise specified), per TEU 71.72 not otherwise specified in this item, per TEU 226.51
2. Empty TEU containers, per TEU 65.83 3.
Cargo, whether in containers (not TEU containers) or otherwise -
animals, live -
o cattle (bullocks, cows, etc.), per head 2.81 o dogs, goats, pigs, sheep, per head 0.57
bulk, by pipeline, per kilolitre 11.97 bulk, by pipeline using road tanker on jetty,
per kilolitre 12.47 containers (not TEU containers), empty, per
tonne, per cubic metre 2.81 explosives, per tonne, per cubic metre 4.86 fertiliser, per tonne, per cubic metre 3.95 meat, chilled or frozen, per tonne, per cubic
metre 4.65 ore, per tonne 3.84 products of the soil (not otherwise specified),
per tonne, per cubic metre 2.64
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Item Goods $
• vehicles -
o commercial vehicles on own wheels, per
tonne, per cubic metre 4.63
o other vehicles on own wheels, per tonne,
per cubic metre 4.42 recreational vessel, per metre of the vessel's
length 17.53
• not otherwise specified in this item, per tonne,
per cubic metre 7.64 (4) The dues payable under regulation 11 are set out in the
Table.Transhipment
Item Goods Dues 1. For cargo —
• loaded over the side of a vessel to another vessel 50% of wharfage for
the cargo
• landed on jetty 100% of
wharfage for
the cargo
(5) The charges payable under regulation 25 are set out in the
Table.Storage
Item Goods $ 1. Goods in transit not removed from a goods shed
within 3 days after being received, per tonne, per day 0.78 2. Goods being transhipped -
• for first 2 weeks, per tonne, per cubic metre,
per week 0.78
• after the first 2 weeks, per tonne, per cubic
metre, per day 0.78 3. Goods at container park, Wyndham, per loaded
container 41.94
(6) The charges payable under regulation 1051 are set out in the
Table.Weighbridge use
Item Service $ 1. Use of weighbridge -
0 for not over lOt 15.03
26 June 2020 GOVERNMENT GAZETTE, WA 2121
Item Service $
for over lOt but not over 3Ot 17.13 for over 3Ot 21.36
(7) The charges payable for lighting, per hour or part of an hour,
are set out in the Table.
Lighting
Item Service $ 1. For jetty, shed and yard 36.27 2. Forjetty only 11.65 3. For reduced lighting 3.84 (7) Delete Schedule I Division 3 and insert: Division 3— State-wide charges
31. Wyndham excluded
This Division does not apply to a vessel in the Port of
Wyndham.32. Living on vessel
(1) In this clause—
en hanced facilities means toilet, shower and laundry
facilities.(2) The charges relating to living on a vessel in a place are set
out in the Table.
Living on vessel
Item Service $
For living on a vessel - • without enhanced facilities, an amount calculated
using the monthly rate per vessel of 49.85 •
with enhanced facilities, an amount calculated using the monthly rate per vessel of 151.85 33. Electricity supply
The charges for electricity supply to a vessel in a place are set out in the Table.
Electricity supply
Item Service $ 1. For electricity supply that is -
• single phase (metered) Cost • 3-phase (whether metered or unmetered) Cost
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34. Water supply
The charge for water supply to a vessel in a place is set out in the Table.
Water supply
Item Service $
1. For water supply (metered) Cost 35. Rubbish removal
The charges payable under regulation 53A are set out in the
Table.Rubbish removal
Item Service $ 1. For rubbish removal -
• excess quantity, or from a source other than a vessel for which charges for using the harbour have been
paid, per half skip supplied and emptied Cost
• waste oil from vessels in excess of 150 L Cost • waste oil drum or other container not removed by owner, per drum or container Cost
• rubbish not put in supplied bins Cost 36. Passengers and cargo
The charges payable for the loading and unloading of passengers and cargo are set out in the Table.
Passengers and cargo
Item Service $
For the use of a pen, berth or service jetty by a cruise liner transfer vessel to load or unload passengers -
• an amount calculated per metre of the vessel's
length using the daily rate of 11.20 plus a charge per passenger of 4.70 2. For the loading or unloading of general cargo from or to a vessel at a service jetty, or an appurtenant area, an
amount calculated per tonne, per cubic metre, or per
kilolitre, using the rate of 7.40 3. If a vessel is lifted at a service jetty, or an appurtenant
area, an amount calculated per metre of the vessel's
length using the rate of 16.35 37. Floating dinghy pens
The charge payable for the use of a floating dinghy pen at a place is $330.90 per vessel per year.
26 June 2020 GOVERNMENT GAZETTE, WA 2123 38. Use of jetty hardstand or appurtenant area
The charge payable for the use of a service jetty hardstand or appurtenant area for storage or maintenance is calculated per m2 using the daily rate of $1.90.
7. Schedule 2 replaced
Delete Schedule 2 and insert:
Schedule 2 - Fuel oil wharfage
[r. 11 B(2)]
1. Wharfage for fuel oil
The wharfage rate to be paid for fuel oil under regulation 11 B(2) at a place listed in the Table is set out opposite the place.
Wharfage for fuel oil
Item Place
1. Albany, at Albany Waterfront Marina 0.06 2. Albany, at Emu Point Boat Harbour 0.06 3. Augusta Boat Harbour 0.06 4. Augusta (Ellis Street) Maritime Facility 0.06 5. Barrack Street Jetty 0.06 6. Bremer Bay 0.06 7. Bunbuty, at Casuarina Boat Harbour 0.06 8. Carnarvon 0.06
9. Cervantes 0.06
10. Denham 0.06 11. Esperance 0.06 12. Exmouth 0.06 13. Fremantle, at Fremantle Fishing Boat Harbour 0.06 14. Green Head 0.06 15. Hillarys Boat Harbour 0.06 16. Hopetoun 0.06 17. Jurien 0.06 18. Kalbarri 0.06 19. Lancelin 0.06
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Item Place $IL 20. Leeman 0.06 21. Onslow, at Beadon Creek Boat Harbour 0.06 22. Point Samson, at Johns Creek Boat Harbour 0.06 23. Port Denison 0.06 24. Port Gregory 0.06 25. Two Rocks Marina 0.06 26. Wyndham 0.01197 8. Schedule 3 Divisions 1 and 2 replaced Delete Schedule 3 Divisions 1 and 2 and insert:
Division 1 - Preliminary matters
1. Application of this Schedule
The charges in this Schedule apply to the places specified in
this Schedule in addition to the charges that apply
State-wide under Schedule 1 Division 3.2. Standard rates for this Schedule
In this Schedule, the following rates are standard rates -
Rate 1: a casual daily rate of $7.80 per metre of the vessel's length
Typically used to calculate the standard daily rate for casual use of a pen or alongside berth (whether or not the alongside berth is on a service jetty) for a commercial vessel.
Rate 2: a casual daily rate of $55.00 Typically used to calculate the standard daily rate for casual use of a pen or alongside berth (whether or not the alongside berth is on a service jetty) for a recreational vessel.
Rate 3: an annual rate of $88.40 per metre of the vessel's length
Typically used to calculate the standard annual rate for short term use of a service jetty for a vessel.
3. Transferability of annual payments
(1) A vessel for which there has been paid an annual amount to
the Department for short term use of a service jetty at a
place specified in this Schedule, may use a service jetty for
up to an hour in a day at any other place specified in this
Schedule or at a place specified in Schedule 1 (excluding the
Port of Wyndham).
26 June 2020 GOVERNMENT GAZETTE, WA 2125
(2) A vessel for which there has been paid an amount to the
Department for annual use of a pen, alongside berth or
mooring at a place specified in this Schedule, may use a
service jetty for up to an hour in a day at any other place
specified in this Schedule or at a place specified in
Schedule 1 (excluding the Port of Wyndham).4. Service jetty entitlements
A vessel for which there has been paid an amount to the Department for use of a pen, alongside berth or mooring at a place specified in this Schedule may have access to a service jetty for up to an hour in a day for the duration of its stay at that place.
5. Active loading and unloading
A fishing vessel to which clause 3 or 4 applies may remain at a service jetty for longer than the time allowed under that clause if—
(a)
the extra time is required to complete active loading and unloading operations; and
(b)
the active loading and unloading operations are continuously in progress; and
(c)
the vessel vacates the berth during that extra time to facilitate other requirements or avoid adverse effects on other harbour operations, when directed to do so by an officer.
Division 2 - Charges for jetties on Swan and Canning
Rivers
6. Barrack Street and Mends Street jetties
(1) This clause applies to jetties at Barrack Street and
Mends Street.(2) The charge payable under regulation 72 for a permit to use a
jetty is set out in the Table.
Jetty permits
Item Type of use 1. For a vessel for 12 months - the higher of $4 783.00 and the result
of the following calculation -$66.85 per passenger calculated on the vessel's passenger
carrying capacity under its highest class of survey
plus -
o for a vessel less than 35 m long, the higher of
$8 608.50 and $478.25 per metre of the vessel's length;
oro for a vessel 35 in long or over, $765.30 per metre of
the vessel's lengthminus - $6 695.50
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(3) The charge payable under regulation 78A for the removal of
sullage from a vessel is set out in the Table.Sullage removal
Item Service $
1. For removal of sullage (per pump out) 95.60
(4) Subclause (3) does not apply if the charge referred to in
subclause (2) has been paid in respect of the vessel.7. Other jetties on Swan and Canning Rivers
(1) This clause applies to jetties on the Swan and Canning
Rivers, other than at Barrack Street or Mends Street.(2) The charge payable under regulation 72 for a permit to use a jetty is set out in the Table. Jetty permits
Item Type of use
1. For short term use by a vessel, an amount calculated using standard
Rate 3N. HAGLEY, Clerk of the Executive Council.
0
0
0