Mooring Amendment Regulations 2025 (WA)

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Western Australia

Shipping and Pilotage Act 1967 Western Australian Marine Act 1982

Mooring Amendment Regulations 2025

Western Australia

Mooring Amendment Regulations 2025 Contents Shipping and Pilotage Act 1967 Western Australian Marine Act 1982

Shipping and Pilotage Act 1967 Western Australian Marine Act 1982

Mooring Amendment Regulations 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the Mooring Amendment Regulations 2025.

2.Commencement

These regulations come into operation as follows —

  • (a)

    regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

  • (b)

    the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Mooring Regulations 1998.

4.Regulation 2 amended
  • (1)

    In regulation 2 delete the definitions of:

mooring site

pleasure vessel

  • (2)

    In regulation 2 insert in alphabetical order:

     

mooring site means waters in a mooring control area in respect of which a designation has been made under regulation 7B(1);

5.Regulation 6A inserted

After regulation 6 insert:

6A. Moving vessels

  • (1)

    In this regulation —

person responsible, in relation to a vessel, means —

  • (a)

    the master or owner of the vessel; or

  • (b)

    another person who is in possession or control of the vessel.

  • (2)

    The CEO may direct a person responsible for a vessel within a mooring control area to move the vessel if the CEO is of the opinion that —

    • (a)

      the vessel is a risk to safe and unimpeded navigation within the mooring control area; or

    • (b)

      the vessel is impeding the use of a mooring site within the mooring control area.

  • (3)

    A direction under subregulation (2) —

    • (a)

      may be given orally or in writing; and

    • (b)

      must specify —

      • (i)

        the place to which the vessel is to be moved; and

      • (ii)

        the time by which the vessel is to be moved.

  • (4)

    A person given a direction under subregulation (2) must comply with the direction.

Penalty for this subregulation:

  • (a)

    for an individual, a fine of $2 000;

  • (b)

    for a body corporate, a fine of $10 000.

  • (5)

    The CEO may cause a vessel to be moved if a person given a direction under subregulation (2) does not move the vessel as directed.

  • (6)

    The CEO may recover the cost incurred in causing the vessel to be moved as a debt due to the State in a court of competent jurisdiction from a person responsible for the vessel.

     
6.Regulation 7 amended
  • (1)

    In regulation 7(1) delete the definition of mooring site.

  • (2)

    In regulation 7(1) in the definition of Division 2 mooring control area delete “Division 2;” and insert:

     

Division 2.

7.Regulation 7B amended

In regulation 7B(1) delete “a mooring site” and insert:

waters in a mooring control area

8.Regulation 21 amended

In regulation 21(1)(b) delete “licence.” and insert:

licence under regulation 11(1)(a).

9.Regulation 31 amended

In regulation 31(3) delete “certificate of appointment” and insert:

identity card

10.Schedule 4 amended

After Schedule 4 item 3 insert:

3A.

r. 6A(4)

Failing to comply with direction of CEO to move vessel

400

N. HAGLEY, Clerk of the Executive Council

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