Marine and Harbours (Departmental Areas) Regulations 1998 (WA)
Western Australia
Marine and Harbours Act 1981
Western Australia
Marine and Harbours Act 1981
These regulations may be cited as the
(1) In these regulations —
(a) a vehicle that is propelled by means other than a motor; or
(b) a wheelchair, whether or not propelled by means of a motor;
(2) These regulations are subject to any written law and any law of the Commonwealth about assistance animals as defined in the
Disability Discrimination Act 1992 (Commonwealth) section 9(2).
(1) A person must not, without the written permission of the chief executive officer, park a vehicle on departmental land anywhere other than where it is indicated publicly that the parking of vehicles is permitted.
Penalty: $250.
(2) If the maximum period that a vehicle is permitted to be parked on departmental land is indicated publicly, a person must not park a vehicle on the departmental land for a period greater than that maximum period.
Penalty: $100.
(3) A person must not park a vehicle on departmental land where it is indicated publicly that the departmental land is reserved for the parking of vehicles of disabled persons unless —
(a) a disabled person is the driver of or a passenger in the vehicle; and
(b) the vehicle displays a current ACROD sticker in a prominent position.
Penalty: $250.
(4) A person must not park a vehicle on departmental land in a manner that obstructs —
(a) a footpath;
(b) a pedestrian crossing;
(c) a vehicle loading zone; or
(d) an entrance to or exit from a place on the departmental land.
Penalty: $250.
The following charges are payable for parking a boat trailer on departmental land at Hillarys Boat Harbour where it is indicated publicly that the parking of boat trailers is permitted —
(a) a daily charge of $10.40;
(b) an annual charge of $164.40.
(1) Subject to subregulation (2), a person must not, without the written permission of the chief executive officer, drive or ride a vehicle on departmental land anywhere other than —
(a) on a carriageway; or
(b) where it is indicated publicly that the parking of vehicles is permitted.
Penalty: $250.
(2) A person may drive or ride a non‑motorized vehicle on departmental land —
(a) on a dual use path; or
(b) where the person has the permission of an officer of the Department to drive or ride such a vehicle.
(3) A person must not drive or ride a vehicle on departmental land at a speed —
(a) greater than the speed indicated publicly as the maximum speed applicable to the departmental land; or
(b) if no maximum speed is so indicated, greater than 40 kilometres per hour.
Penalty: $250.
Regulations 3 and 4 do not apply to departmental land that is leased to a local government within the meaning of the
(1) A person in charge of a vessel in a departmental area must not cause or permit the vessel to enter or remain in any waters indicated publicly as waters —
(a) that are reserved for swimming; or
(b) that vessels are prohibited to enter.
Penalty: $500.
(2) A person must not dive into any waters from a jetty in a departmental area.
Penalty: $400.
(3) A person must not, without the written permission of the chief executive officer, swim in or dive into any waters in a departmental area other than waters indicated publicly as waters —
(a) that are reserved for swimming; or
(b) that vessels are prohibited to enter.
Penalty: $100.
(1) A person who has an animal in his or her possession or under his or her control must not, without the permission of an officer of the Department, cause or permit the animal to be on a jetty in a departmental area.
Penalty: $100.
[(2) Deleted]
A person must not give to an officer of the Department in relation to an offence committed, or alleged to have been committed, under these regulations any information, whether in documentary or any other form, that the person knows —
(a) to be false or misleading in a material particular; or
(b) to have omitted from it a matter or thing the omission of which renders the information misleading in a material particular.
Penalty: $500.
(1) An offence that is —
(a) created under a provision of these regulations mentioned in column 1 of Schedule 1; and
(b) described in column 2 of Schedule 1,
is an offence for the purposes of the service of an infringement notice under section 18A(2) of the Act.
(2) The amount mentioned in column 3 of Schedule 1 corresponding to an offence referred to in subregulation (1) is the modified penalty for that offence for the purposes of section 18A(4) of the Act.
(3) The form of an infringement notice for the purposes of section 18A(3)(a) of the Act is the form set out in Form 1 of Schedule 2.
(4) The form of a notice for the purposes of the withdrawal of an infringement notice under section 18A(7) of the Act is the form set out in Form 2 of Schedule 2.
An offence that is created under a provision of these regulations mentioned in the Table to this regulation is an offence for which an infringement notice may be served under section 18A(2) of the Act as read with section 18B(1) of the Act.
regulation 3(1) | regulation 3(4) |
regulation 3(2) | regulation 4(1) |
regulation 3(3) | regulation 4(3) |
[Reg. 9(1) and (2)]
1. | 3(1) | Parking vehicle on departmental land outside indicated parking area ....................... | 50.00 |
2. | 3(2) | Parking vehicle on departmental land for longer than maximum period ........................ | 20.00 |
3. | 3(3) | Parking vehicle on departmental land where reserved for disabled persons ........................ | 50.00 |
4. | 3(4) | Parking vehicle on departmental land in manner that obstructs footpath, etc. .............. | 50.00 |
5. | 4(1) | Driving or riding vehicle in departmental area outside areas where driving or riding is permitted ....................................................... | 50.00 |
6. | 4(3) | Driving or riding vehicle on departmental land over maximum speed limit .................... | 50.00 |
7. | 6(1) | Causing or permitting vessel in departmental area to enter or remain in waters reserved for swimming ...................................................... | 100.00 |
8. | 6(2) | Diving into waters from jetty in departmental area .......................................... | 80.00 |
9. | 6(3) | Swimming or diving in waters in departmental area outside areas reserved for swimming ...................................................... | 20.00 |
10. | 7(1) | Causing or permitting animal to be on jetty in departmental area ...................................... | 20.00 |
[Reg. 9(3) and (4)]
Parking offence p
Other offence p
DOB
Date of this notice ....../....../......
To:
of:
Details of vehicle (if applicable): ...........................................................................
It is alleged that on ....../....../...... at
at
you committed the following offence —
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
contrary to regulation ...................... of the
The modified penalty for the alleged offence is $ ................................
If you do not wish to have the alleged offence heard and determined by a court, you may pay the amount of the modified penalty specified above to an authorised officer at
If you do not do so, you may receive a summons for this matter to be heard and determined by a court, and you may become liable to pay additional amounts.
Name and title of authorised officer giving this notice..........................................
Signature ........................................................
(1) Date of birth of alleged offender (not required to be given).
(2) Name of alleged offender [“owner of (
(3) Address of alleged offender [not required if notice given under section 18B(1) of the Act].
(4) Time at which offence was allegedly committed.
(5) Place at which offence was allegedly committed.
(6) Place where modified penalty may be paid.
Date of this notice ....../....../......
To:
Infringement Notice No. ............................... dated ....../....../...... issued for the alleged offence of ................................................................................................... ................................................................................................................................. ................................................................................................................................. has been withdrawn.
The modified penalty of $ ..........................................
* was paid and a refund is enclosed.
* was not paid and should not be paid.
* Delete as appropriate.
Name and title of authorised officer giving this notice .........................................
Signature ........................................................
(1) Name of alleged offender to whom infringement notice was given.
(2) Address of alleged offender.
This is a compilation of the
17 Jul 1998 p. 3800‑3 | 17 Jul 1998 | |
8 Jan 2015 p. 53‑5 | r. 1 and 2: 8 Jan 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and | |
23 Jun 2017 p. 3253‑78 | 1 Jul 2017 (see r. 2(b)) | |
22 Jun 2018 p. 2184‑93 | 1 Jul 2018 (see r. 2(b)) | |
31 May 2019 p. 1721‑8 | 1 Jul 2019 (see r. 2(b)) | |
SL 2020/60 22 May 2020 | 1 Jul 2020 (see r. 2(b)) | |
SL 2021/68 4 Jun 2021 | 1 Jul 2021 (see r. 2(b), SL 2021/51 r. 2(b) and SL 2021/50 cl. 2) | |
SL 2022/56 20 May 2022 | 1 Jul 2022 (see r. 2(b)) | |
SL 2023/45 19 May 2023 | 1 Jul 2023 (see r. 2(c)) | |
SL 2024/57 1 May 2024 | 1 Jul 2024 (see r. 2(b)) | |
SL 2025/64 30 Apr 2025 | 1 Jul 2025 (see r. 2(b)) | |
ACROD sticker........................................................................................................... 2(1)
carriageway.................................................................................................................. 2(1)
dual use path................................................................................................................ 2(1)
indicated publicly........................................................................................................ 2(1)
jetty................................................................................................................................ 2(1)
non‑motorized vehicle............................................................................................... 2(1)
park................................................................................................................................ 2(1)
vehicle........................................................................................................................... 2(1)
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