Port Authorities Amendment Regulations 2007 (WA)

!200700122GG!

WESTERN	2679
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

PERTH, TUESDAY, 12 JUNE 2007 No. 122 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.00 PM

© STATE OF WESTERN AUSTRALIA

PORT AUTHORITIES ACT 1999

_________

PORT AUTHORITIES

AMENDMENT

REGULATIONS 2007

12 June 2007	GOVERNMENT GAZETTE, WA	2681
Port Authorities Act 1999

Port Authorities Amendment Regulations 2007

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Port Authorities Amendment
Regulations 2007.

2.             The regulations amended

The amendments in these regulations are to the Port Authorities
Regulations 2001*.

[* Reprint 2 as at 10 November 2006.]

3.             Schedule 1 Division 1 amended

(1) Schedule 1 Division 1 clause 2 is amended as follows:

(a)	at the end of the definition of “fishing vessel” by deleting the full stop and inserting a semicolon instead;
(b)	by inserting in the appropriate alphabetical position —
“

“service provider’s licence” means a licence issued under

clause 5B(2) to provide a towage service, line boat
service, bunkering service, stevedoring service,
mooring service, transport service, bulk handling

service or fish handling service in the port.

”.

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(2) Schedule 1 Division 1 is amended after clause 5 by inserting the
following clauses —

“

5A.	Unlicensed persons not to provide certain services
Subject to section 143(3) of the Act, a person must not provide a towage service, line boat service, bunkering service, stevedoring service, mooring service, transport
service, bulk handling service or fish handling service in the port except —

(a)	under the authority of a service provider’s licence issued by the port authority; and
(b)	in accordance with any conditions or restrictions to which the licence is subject under clause 5B(3).

Penalty: $12 000.

5B. Service providers’ licences

(1)	An application for a service provider’s licence is to be made to, and in the form approved by, the port authority, and is to be accompanied by a fee of an amount determined by the
port authority that is not more than $1 000.
(2)	If satisfied that an applicant has appropriate qualifications and experience to provide, as the case requires, a towage service, line boat service, bunkering service, stevedoring service, mooring service, transport service, bulk handling service or fish handling service in the port, the port authority may issue a service provider’s licence to the applicant.
(3)	A service provider’s licence has effect in relation to the provision of the service, and for the period, set out in the licence subject to —

(a)	annual payment to the port authority, by the person who is granted or holds the licence, of an amount determined by the port authority that is not more than $10 000 per annum; and
(b)	any conditions or restrictions that the port authority imposes and sets out in the licence.

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(4) If the port authority considers that a condition or restriction
to which a service provider’s licence is subject has been
breached, the port authority may by written notice given to
the person who holds the licence —

(a)	suspend the operation of the licence for any period that the port authority considers appropriate; or
(b)	cancel the licence.

(5)	A service provider’s licence is to set out procedures determined by the port authority that enable the person who holds the licence to appeal if the licence is suspended or cancelled under subclause (4).
(6)	A notice under subclause (4) has effect on the day on which the person who holds the service provider’s licence is given the notice or on any later day specified in the notice.
(7)	A person whose service provider’s licence is suspended or cancelled by notice under subclause (4) must return the licence to the port authority within 7 days after the notice has effect, whether or not the person intends to appeal against the suspension or cancellation.
(8)	A person who does not comply with subclause (7) commits an offence.
Penalty: $2 000.

”.

4.             Schedule 1 Division 2 amended

(1)	Schedule 1 Division 2 clause 23 is amended by deleting the definition of “service provider’s licence” and inserting the following definition instead —
“

“service provider’s licence” means a licence issued under

clause 25(2) to provide a towage service, pilot/line boat
service, bunkering service (including pipeline),

stevedoring service or mooring service in the port.

”.

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(2) Schedule 1 Division 2 is amended by deleting clauses 24 and 25
and inserting the following clauses instead —

“

24.            Unlicensed persons not to provide certain services

Subject to section 143(3) of the Act, a person must not
provide a towage service, pilot/line boat service, bunkering
service, stevedoring service or mooring service in the port
except —

(a)	under the authority of a service provider’s licence issued by the port authority; and
(b)	in accordance with any conditions or restrictions to which the licence is subject under clause 25(3).

Penalty: $12 000.

25.            Service providers’ licences

(1)	An application for a service provider’s licence is to be made to, and in the form approved by, the port authority, and is to be accompanied by a fee of an amount determined by the
port authority that is not more than $1 000.
(2)	If satisfied that an applicant has appropriate qualifications and experience to provide, as the case requires, a towage service, pilot/line boat service, bunkering service, stevedoring service or mooring service in the port, the port authority may issue a service provider’s licence to the applicant.
(3)	A service provider’s licence has effect in relation to the provision of the service, and for the period, set out in the licence subject to —

(a)	annual payment to the port authority, by the person who is granted or holds the licence, of an amount determined by the port authority that is not more than $10 000 per annum; and
(b)	any conditions or restrictions that the port authority imposes and sets out in the licence.

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(4) If the port authority considers that a condition or restriction
to which a service provider’s licence is subject has been
breached, the port authority may by written notice given to
the person who holds the licence —

(a)	suspend the operation of the licence for any period that the port authority considers appropriate; or
(b)	cancel the licence.

(5)	A service provider’s licence is to set out procedures determined by the port authority that enable the person who holds the licence to appeal if the licence is suspended or cancelled under subclause (4).
(6)	A notice under subclause (4) has effect on the day on which the person who holds the service provider’s licence is given the notice or on any later day specified in the notice.
(7)	A person whose service provider’s licence is suspended or cancelled by notice under subclause (4) must return the licence to the port authority within 7 days after the notice has effect, whether or not the person intends to appeal against the suspension or cancellation.
(8)	A person who does not comply with subclause (7) commits an offence.
Penalty: $2 000.

”.

5.             Schedule 1 Division 3 amended

Schedule 1 Division 3 clause 34 is amended by deleting
subclauses (1), (2) and (3) and inserting the following
subclauses instead —

“

(1)	An application for a service provider’s licence is to be made to, and in the form approved by, the port authority, and is to be accompanied by a fee of an amount determined by the
port authority that is not more than $1 000.

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(2)	If satisfied that an applicant has appropriate qualifications and experience to provide, as the case requires, a towage service, line boat service, bunkering service, stevedoring service or mooring service in the port, the port authority may issue a service provider’s licence to the applicant.
(3)	A service provider’s licence has effect in relation to the provision of the service, and for the period, set out in the licence subject to —

(a)	annual payment to the port authority, by the person who is granted or holds the licence, of an amount determined by the port authority that is not more than $10 000 per annum; and
(b)	any conditions or restrictions that the port authority imposes and sets out in the licence.

”.

6.             Schedule 1 Division 4 amended

(1)	Schedule 1 Division 4 clause 59 is amended in the definition of “service provider’s licence” by deleting “or bunkering” and inserting instead —
“ , bunkering service, stevedoring service or mooring ”.
(2)	Schedule 1 Division 4 clause 60 is amended by deleting “or bunkering” and inserting instead —
“ , bunkering service, stevedoring service or mooring ”.
(3)	Schedule 1 Division 4 clause 61 is amended by deleting subclauses (1), (2) and (3) and inserting the following subclauses instead —

“

(1)	An application for a service provider’s licence is to be made to, and in the form approved by, the port authority, and is to be accompanied by a fee of an amount determined by the
port authority that is not more than $1 000.

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(2)	If satisfied that an applicant has appropriate qualifications and experience to provide, as the case requires, a towage service, line boat service, bunkering service, stevedoring service or mooring service in the port, the port authority may issue a service provider’s licence to the applicant.
(3)	A service provider’s licence has effect in relation to the provision of the service, and for the period, set out in the licence subject to —

(a)	annual payment to the port authority, by the person who is granted or holds the licence, of an amount determined by the port authority that is not more than $10 000 per annum; and
(b)	any conditions or restrictions that the port authority imposes and sets out in the licence.

”.

7.             Schedule 1 Division 4A amended

(1) Schedule 1 Division 4A is amended after clause 64A by
inserting the following clause —

“

64AA.	Definition
In this Division —
“service provider’s licence” means a licence issued under

clause 64F(2) to provide a towage service, line boat
service, bunkering service, stevedoring service or

mooring service in the port.

”.

(2) Schedule 1 Division 4A is amended after clause 64D by
inserting the following clauses —

“

64E.	Unlicensed persons not to provide certain services
Subject to section 143(3) of the Act, a person must not provide a towage service, line boat service, bunkering

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service, stevedoring service or mooring service in the port

except —

(a)	under the authority of a service provider’s licence issued by the port authority; and
(b)	in accordance with any conditions or restrictions to which the licence is subject under clause 64F(3).

Penalty: $12 000.

64F. Service providers’ licences

(1)	An application for a service provider’s licence is to be made to, and in the form approved by, the port authority, and is to be accompanied by a fee of an amount determined by the
port authority that is not more than $1 000.
(2)	If satisfied that an applicant has appropriate qualifications and experience to provide, as the case requires, a towage service, line boat service, bunkering service, stevedoring service or mooring service in the port, the port authority may issue a service provider’s licence to the applicant.
(3)	A service provider’s licence has effect in relation to the provision of the service, and for the period, set out in the licence subject to —

(a)	annual payment to the port authority, by the person who is granted or holds the licence, of an amount determined by the port authority that is not more than $10 000 per annum; and
(b)	any conditions or restrictions that the port authority imposes and sets out in the licence.

(4) If the port authority considers that a condition or restriction
to which a service provider’s licence is subject has been
breached, the port authority may by written notice given to
the person who holds the licence —

(a)	suspend the operation of the licence for any period that the port authority considers appropriate; or
(b)	cancel the licence.

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(5)	A service provider’s licence is to set out procedures determined by the port authority that enable the person who holds the licence to appeal if the licence is suspended or cancelled under subclause (4).
(6)	A notice under subclause (4) has effect on the day on which the person who holds the service provider’s licence is given the notice or on any later day specified in the notice.
(7)	A person whose service provider’s licence is suspended or cancelled by notice under subclause (4) must return the licence to the port authority within 7 days after the notice has effect, whether or not the person intends to appeal against the suspension or cancellation.
(8)	A person who does not comply with subclause (7) commits an offence.
Penalty: $2 000.

”.

8.             Schedule 1 Division 5 amended

Schedule 1 Division 5 clause 96 is amended after subclause (7)
by inserting the following subclauses —

“

(8)	A person whose towage provider’s licence is suspended or cancelled by notice under subclause (5) must return the licence to the port authority within 7 days after the notice has effect, whether or not the person intends to appeal against the suspension or cancellation.
(9)	A person who does not comply with subclause (8) commits an offence.
Penalty: $2 000.

”.

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9.             Schedule 1 Division 6 amended

(1) Schedule 1 Division 6 is amended after clause 102 by inserting
the following clause —

“

102A.	Definition
In this Division —
“service provider’s licence” means a licence issued under clause 106B(2) to provide a towage service, line boat service, bunkering service, stevedoring service or

mooring service in the port.

”.

(2) Schedule 1 Division 6 is amended after clause 106 by inserting
the following clauses —

“

106A.	Unlicensed persons not to provide certain services
Subject to section 143(3) of the Act, a person must not provide a towage service, line boat service, bunkering service, stevedoring service or mooring service in the port
except —

(a)	under the authority of a service provider’s licence issued by the port authority; and
(b)	in accordance with any conditions or restrictions to which the licence is subject under clause 106B(3).

Penalty: $12 000.

106B. Service providers’ licences

(1)	An application for a service provider’s licence is to be made to, and in the form approved by, the port authority, and is to be accompanied by a fee of an amount determined by the
port authority that is not more than $1 000.
(2)	If satisfied that an applicant has appropriate qualifications and experience to provide, as the case requires, a towage service, line boat service, bunkering service, stevedoring

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service or mooring service in the port, the port authority

may issue a service provider’s licence to the applicant.

(3) A service provider’s licence has effect in relation to the
provision of the service, and for the period, set out in the
licence subject to —

(a)	annual payment to the port authority, by the person who is granted or holds the licence, of an amount determined by the port authority that is not more than $10 000 per annum; and
(b)	any conditions or restrictions that the port authority imposes and sets out in the licence.

(4) If the port authority considers that a condition or restriction
to which a service provider’s licence is subject has been
breached, the port authority may by written notice given to
the person who holds the licence —

(a)	suspend the operation of the licence for any period that the port authority considers appropriate; or
(b)	cancel the licence.

(5)	A service provider’s licence is to set out procedures determined by the port authority that enable the person who holds the licence to appeal if the licence is suspended or cancelled under subclause (4).
(6)	A notice under subclause (4) has effect on the day on which the person who holds the service provider’s licence is given the notice or on any later day specified in the notice.
(7)	A person whose service provider’s licence is suspended or cancelled by notice under subclause (4) must return the licence to the port authority within 7 days after the notice has effect, whether or not the person intends to appeal against the suspension or cancellation.
(8)	A person who does not comply with subclause (7) commits an offence.
Penalty: $2 000.

”.

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10.           Schedule 1 Division 7 amended

(1) Schedule 1 Division 7 is amended after clause 107 by inserting
the following clause —

“

107A.	Definition
In this Division —
“service provider’s licence” means a licence issued under clause 110B(2) to provide a towage service, line boat service, bunkering service, stevedoring service or

mooring service in the port.

”.

(2) Schedule 1 Division 7 is amended after clause 110 by inserting
the following clauses —

“

110A.	Unlicensed persons not to provide certain services
Subject to section 143(3) of the Act, a person must not provide a towage service, line boat service, bunkering service, stevedoring service or mooring service in the port
except —

(a)	under the authority of a service provider’s licence issued by the port authority; and
(b)	in accordance with any conditions or restrictions to which the licence is subject under clause 110B(3).

Penalty: $12 000.

110B. Service providers’ licences

(1)	An application for a service provider’s licence is to be made to, and in the form approved by, the port authority, and is to be accompanied by a fee of an amount determined by the
port authority that is not more than $1 000.

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(2)	If satisfied that an applicant has appropriate qualifications and experience to provide, as the case requires, a towage service, line boat service, bunkering service, stevedoring service or mooring service in the port, the port authority may issue a service provider’s licence to the applicant.
(3)	A service provider’s licence has effect in relation to the provision of the service, and for the period, set out in the licence subject to —

(a)	annual payment to the port authority, by the person who is granted or holds the licence, of an amount determined by the port authority that is not more than $10 000 per annum; and
(b)	any conditions or restrictions that the port authority imposes and sets out in the licence.

(4) If the port authority considers that a condition or restriction
to which a service provider’s licence is subject has been
breached, the port authority may by written notice given to
the person who holds the licence —

(a)	suspend the operation of the licence for any period that the port authority considers appropriate; or
(b)	cancel the licence.

(5)	A service provider’s licence is to set out procedures determined by the port authority that enable the person who holds the licence to appeal if the licence is suspended or cancelled under subclause (4).
(6)	A notice under subclause (4) has effect on the day on which the person who holds the service provider’s licence is given the notice or on any later day specified in the notice.
(7)	A person whose service provider’s licence is suspended or cancelled by notice under subclause (4) must return the licence to the port authority within 7 days after the notice has effect, whether or not the person intends to appeal against the suspension or cancellation.

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(8)	A person who does not comply with subclause (7) commits an offence.
Penalty: $2 000.

”.

By Command of the Governor,

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