Navigable Waters Amendment Regulations (No. 2) 2006 (WA)

3596 GOVERNMENT GAZETTE, WA 1 September 2006

MX301*

Western Australian Marine Act 1982

Shipping and Pilotage Act 1967

Jetties Act 1926

Navigable Waters Amendment

Regulations (No. 2) 2006

(a)	if they are published in the Gazette on or before the day on which the Fair Trading (Product Information Standard) Amendment Regulations 2006 come into operation — that day; or
(b)	if they are published in the Gazette after that day — the
day on which they are published in the Gazette.

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Navigable Waters Amendment Regulations (No. 2) 2006.
2.	Commencement These regulations come into operation on —

1 September 2006 GOVERNMENT GAZETTE, WA 3597

3.            The regulations amended

The amendments in these regulations are to the Navigable
Waters Regulations 1958*.

[* Reprint 11 as at 21 March 2003.

For amendments to 14 July 2006 see Western Australian

Legislation Information Tables for 2005, Table 4, p.	384, and
Gazette 10 February and 23 June 2006.]

4.            Regulation 45A amended

Regulation 45A(2) is amended by inserting the following in the appropriate alphabetical position -

"ABP standard" has the meaning given to the term in

regulation 8 of the Fair Trading (Product Information Standard) Regulations 2005;

5.            Regulation 45B amended

(1) Regulation 45B(3) is amended as follows:

(a)	by deleting "particulars of";
(b)	after paragraph (ac) by inserting the following paragraph -

44

(ad) whether or not an Australian Builders Plate is

attached to the vessel in accordance with the

ABP standard;

(2) Regulation 45B(5a) is amended after paragraph (b) by deleting

the full stop and inserting -

46

and

(c) if the vessel has not been registered in Western

Australia before and the vessel -

(i)     is a vessel to which regulation 9 of the Fair Trading (Product Information Standard) Regulations 2005 applies; or

(ii) Fair Trading (Product Information
Standard) Regulations 2005 does not
apply solely because of

is a vessel to which regulation 9 of the and in respect of which a certificate of survey has not been issued,

the vessel has an Australian Builders Plate

attached in accordance with the ABP standard. ,'

3598 GOVERNMENT GAZETTE, WA 1 September 2006

(3) After regulation 45B(5a) the following subregulations are

inserted -

(5b) The requirement to have an Australian Builders Plate under subregulation (5a)(c) does not apply to a vessel imported from a State or Territory if—

(a)

the vessel has an Australian Builders Plate or requirement of the State or Territory that corresponds to the requirement to have an Australian Builders Plate under subregulation (5a)(c); or

(b)	the vessel is exempt from that corresponding requirement by or under a law of the State or Territory; or
(c)	requirement that corresponds to the requirement to have an Australian Builders Plate under subregulation (5a)(c) and the vessel is imported the State or Territory does not have a Navigable Waters Amendment Regulations (No. 2)2006 came into operation.

(5c) The chief executive officer may, on application,
exempt a particular vessel from the requirement to have
an Australian Builders Plate under
subregulation (5a)(c) if satisfied that -

(a)	the vessel complies with some other appropriate safety standard and, in the circumstances of the case, it would be unreasonable for the vessel to be required to have an Australian Builders Plate; or
(b)	the vessel is of a type for which appropriate

safety standards do not exist and for which

other safety standards cannot reasonably be
adapted and, in the circumstances of the case, it
would be unreasonable for the vessel to be
required to have an Australian Builders Plate;
or

(c)	the vessel is of a type that closely resembles a vessel of a type that is not covered by regulation 9 of the Fair Trading (Product Information Standard) Regulations 2005 because of regulation 9(2) of those regulations and, in the circumstances of the case, it would be unreasonable for the vessel to be required to have an Australian Builders Plate; or
(d)	the vessel is to be used for only a short period of time, its use is unlikely to endanger the lives of its occupants or occupants of other vessels

1 September 2006 GOVERNMENT GAZETTE, WA 3599

and, in the circumstances of the case, it would
be unreasonable for the vessel to be required to
have an Australian Builders Plate.

6.            Regulation 46 amended

Regulation 46(2) is amended in the definition of "personal
watercraft" by deleting "designed for the transport of one, 2 or
3 persons".

By Command of the Governor,

G. M. PIKE, Clerk of the Executive Council.