Navigable Waters Amendment Regulations (No. 2) 2000 (WA)

1 December 2000] GOVERNMENT GAZETTE, WA 6763

TR308*

Shipping and Pilotage Act 1967

Jetties Act 1926

Western Australian Marine Act 1982

Navigable Waters Amendment Regulations

(No. 2) 2000

Made by the Governor in Executive Council.

I.            Citation

These regulations may be cited as the Navigable Waters Amendment Regulations (No. 2) 2000.
2.	Commencement These regulations come into operation on 28 February 2001.

(a) approved by the chief executive officer; and

3.           The regulations amended

The amendments in these regulations are to the Navigable
Waters Regulations*.

[* Reprinted as at 3 March 2000.

For amendments to 13 September 2000 see Gazette
20 June 2000.]

4.            Regulation 45A amended

Regulation 45A(2) is amended by inserting before "owner- the

following definition —

44

"hull identification number", in relation to a vessel,

means a number —

6764 GOVERNMENT GAZETTE, WA [1 December 2000

(b) affixed to the hull of the vessel by a person, and in a form and manner, approved by the chief executive officer.

5.             Regulation 4511 amended

(1) After regulation 4513(1) the following subregulation is

inserted -

(la) A person who contravenes subregulation (1) commits

an offence.

(2) Regulation 4513(3) is amended as follows:

(a) by deleting paragraph (ab) and inserting instead -

44

(ab) the hull identification number of the vessel;

(b)	at the end of paragraph (d) by deleting the comma after "outboard type" and inserting instead a full stop;
(c)

by deleting "and the application shall be accompanied following table -" and the Table to the subregulation.

(3) After regulation 4513(3) the following subregulation is

inserted -

(3a) An application under subregulation (3) is to be

accompanied by -

(a) such proof of the particulars referred to in regulation (3) as the department may require; and

(b) the appropriate fee ascertained in accordance with the following Table -

Table of fees

Where the length of the vessel is -

(1)	less than 5 in	$50
(ii)	5 in or over but less than 10 in	$98
(iii)	10 in or over but less than 20 in	$182
(iv)	20 in or over	$249

(4) Regulation 4513(4) is amended by deleting "subregulation (3)"

and inserting instead -
" subregulation (3a)(b) ".

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(5) After regulation 4513(5) the following subregulation is
inserted -

44

(5a) On an application under this regulation the department is to register a vessel if and only if it is satisfied that -

(a)	the vessel has a hull identification number; and
(b)	the particulars provided in the application are true and correct.

(6) After regulation 4513(7) the following subregulation is

inserted -

"

(7a) A person who contravenes subregulation (7) commits

an offence.

(7) After regulation 4513(8) the following subregulation is

inserted -

"

(8a) A person who contravenes subregulation (8) commits

an offence.

6.            Regulation 45BAA amended

(1) After regulation 45BAA(2) the following subregulation is
inserted -

"

(2a) A person who contravenes subregulation (2) commits

an offence. ,,

(2) After regulation 45BAA(6) the following subregulation is
inserted -

46

(6a) A person who contravenes subregulation (6) commits

an offence.

7.           Regulation 45BA amended

(1) After regulation 45BA(4) the following subregulation is

inserted -

33

(4a) A person who contravenes subregulation (4) commits

an offence.

6766 GOVERNMENT GAZETTE, WA Li December 2000

(2)	Regulation 45BA(5)(b) is amended by deleting "shall not use" and inserting instead -
46

commits an offence if the person uses ".

(3) Regulation 45BA(6) is repealed and the following
subregulations are inserted instead -

"

(6) Where any dealers plate or set of dealers plates issued under this regulation is lost the person to whom it was issued commits an offence if the person does not, as

soon as practicable, notify the department of that fact.

(6a) The department may issue a further dealers plate or set
of dealers plates in replacement for that lost -

(a)	on being notified under subregulation (6); and
(b)	on the payment of a fee of $58.

8.            Regulation 45D amended

(1) Regulation 451)(1) is amended as follows:

(a) by deleting "shall" and inserting instead -

46

commits an offence if the owner does not

(b) at the end of paragraph (a) by inserting " and

(2) Regulation 451)(2) is repealed and the following subregulations

are inserted instead -

(2) Where a certificate of registration or a boat registration

label issued under this Part in respect of a vessel has
been lost, stolen, destroyed, mislaid, defaced, mutilated
or rendered illegible, the owner of the vessel commits

an offence if the person does not, as soon as

practicable, notify the department of that fact and of the

circumstances which gave rise to that fact.

(3) On being notified under subregulation (2), the
department may issue a duplicate certificate of
registration or a replacement boat registration label, as
the case requires.

9.            Regulation 45E amended

(1) Regulation 45E(1) is amended by deleting "he shall" and

inserting instead -
" the owner commits an offence if the owner does not ".

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(2) Regulation 45E(2) is amended as follows:

(a) by deleting "shall, within 15 days" and inserting

instead -

"

commits an offence if the person does not, within

15 days

(b) by deleting paragraph (b) and inserting instead -

46

(b) produce to the department -

(I) the certificate of registration of the

vessel;

(ii)     the consent in writing of all the parties named in the application and such other proof of the sale or disposal of the vessel as the department may require; and

(iii)     the particulars referred to in

regulation 45B(3), and such proof of the

particulars as the department may

require. ',.

(c) by deleting "and thereupon the department shall transfer
the registration of the vessel and return to the person by
whom the application was made the certificate of

registration, suitably endorsed.".

(3) After regulation 45E(2) the following subregulation is

inserted -

IV

(2a) On an application under subregulation (2) the

department is to transfer the registration, and return to
the person by whom the application was made the

certificate of registration, suitably endorsed, if and only

if the department is satisfied that -
(a)	the vessel has a hull identification number; and
(b)	the particulars provided in the application are true and correct.

(4) Regulation 45E(3) is amended by deleting "shall" and inserting

instead -

46

commits an offence if the owner does not

(5)	Regulation 45E(5) is repealed and the following subregulations are inserted instead -
(5) A person to whom a vessel registered under regulation 45BAA has been sold or disposed of commits an offence if the person does not, within 15 days of the sale or disposal, produce to the department the certificate of registration of the vessel

6768 GOVERNMENT GAZETTE, WA [1 December 2000

and such other proof of the sale or disposal of the

vessel as the department may require.

(6) On receiving the certificate or registration and proof of
sale or disposal referred to in subregulation (5), the
department is to —

(a)	transfer the registration of the vessel and return to that person the certificate of registration, suitably endorsed; or
(b)	where the department considers the vessel is no longer a foreign pleasure vessel, direct that person to make application for registration of the vessel under regulation 45B.

10.          Regulations 45EA and 45EB inserted

After regulation 45E the following regulations are inserted —

44  

45EA. Altering, removing or rendering illegible a hull

identification number prohibited

A person who, without the approval of the chief executive officer, alters, removes or renders illegible the hull identification number of a registered vessel commits an offence.

45EB.	Duty of owner to reaffix a hull identification number altered, removed or rendered illegible
Where a hull identification number of a registered vessel has, without the approval of the chief executive officer, been altered, removed or rendered illegible (whether accidentally or deliberately), the owner of the vessel commits an offence if the owner does not, as soon as practicable after becoming aware that the number has been altered, removed or rendered illegible,
officer is reaffixed to the hull of the vessel by a person, ensure that the number approved by the chief executive
and in a form and manner, approved by the chief executive officer.

11.          Section 45F replaced

Section 45F is repealed and the following regulation is inserted instead —

44  

45F.	Penalties
A person who commits an offence under this Part is liable to a penalty of $500.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.