Port Authorities Amendment Regulations 2021 (WA)
7 May 2021 GOVERNMENT GAZETTE, WA 1695 Port Authorities Act 1999
Port Authorities Amendment Regulations 2021
SL 2021/52
Made by the Governor in Executive Council.
1. Citation
These regulations are the Port Authorities Amendment
Regulations 2021.
2. Commencement
These regulations come into operation as follows -
(a) regulations 1 and 2— on the day on which these regulations are published in the Gazette; (b) the rest of the regulations - on the day on which the Ports Legislation Amendment Act 2019 section 50(2)(d) and (3) comes into operation.
3. Regulations amended
These regulations amend the Port Authorities Regulations 2001.
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4. Regulation 120A inserted After regulation 120 insert:
120A. Jetty licences to which Schedule 8 clause 66(9) of
Act applies
For the purposes of Schedule 8 clause 66(6) of the Act,
each of the following is a jetty licence to whichSchedule 8 clause 66(9) of the Act applies -
(a) Limited (ABN 39 009 301 964) relating to
jetty licence LM4 198 to Santos WA Energy Indian Ocean adjacent to Varanus Island, part of the Lowendal group of islands;
(b)
jetty licence LM4917 to Cockatoo Is Pty Ltd (ACN 6213 70 429) relating to a jetty and barge ramp on a site within the Indian Ocean adjacent to Cockatoo Island;
(c)
jetty licence LM3386 to Koolan Iron Ore Pty Ltd (ABN 87 099 455 277) relating to the Koolan Island Iron Ore Mine Jetty, Koolan Island.
5. Regulation 121 amended
Delete regulation 12 1(3) and insert:
(3) A provision of these regulations mentioned in the Table
does not apply to -
(a) the Port of Ashburton; or (b) the Port of Balla Balla; or (c) the Port of Dampier; or (d) the Port of Varanus Island; or
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(e) the Pilbara Ports Authority's control and
management of the ports referred to in
paragraphs (a) to (d).Table
r.5 r.7 r.8
r. 18 r.32 r.33 r.90
r. 114
6. Schedule 1 Division 1AA inserted
At the beginning of Schedule 1 insert:
Division 1AA - Preliminary
1A. Terms used In this Schedule -
commercial vessel means a vessel other than a private
vessel;
dangerous goods has the meaning given in the Dangerous
Goods Safety Act 2004 section 3(1); explosives has the meaning given in the Western Australian
Marine Act 1982 section 3(1);
mooring means a structure or apparatus used, or proposed to
be used, to secure a vessel in a port;motor boat -
(a) means a vessel propelled otherwise than by oars or sail; and (b) includes a personal watercraft as defined in the regulation 46(2);
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prohibited anchorage area means an area of a port
designated by notices or signs erected by the port authority
as an area where a vessel is prohibited from anchoring;
water ski includes water ski using only the feet for supporton the water.
7. Schedule 1 clause 3A inserted
After Schedule 1 clause 3 insert:
3A. Notice of dangerous cargoes
(1)
When notifying the harbour master under clause 3(l)(a), the master of a vessel must also notify the harbour master of any explosives or dangerous goods that are -
(a) to be loaded on to, or unloaded from, the vessel at the port; or (b)
to be kept on board the vessel while it is in the port.
The master of a vessel who is required to notify the harbour
master in relation to explosives or dangerous goods under
subclause (1) must also provide to the harbour master any
information required by the harbour master about the
explosives or dangerous goods.
(2)
(3) A person who does not comply with subclause (1) or (2)
commits an offence. Penalty for this subclause: a fine of $12 000. 8. Schedule 1 clause 5D amended
In Schedule 1 clause 5D delete the definition of commercial
vessel.
Note: The heading to amended Schedule 1 clause 5D is to read:
Term used: fishing vessel
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9. Schedule 1 clause 51 amended Delete Schedule 1 clause 51(1).
10. Schedule 1 clause 5J amended
In Schedule 1 clause 5J delete the definition of mooring.
11. Schedule 1 Division 2 heading amended
In the heading to Schedule 1 Division 2 delete "Port of
Broome" and insert:Port of Broome, Port of Derby, Port of Wyndham and Port
of Yampi Sound
12. Schedule 1 clause 6 replaced
Delete Schedule 1 clause 6 and insert:
6. Application of this Division
This Division applies to the following -
(a) the Port of Broome; (b) the Port of Derby;
(c) the Port of Wyndham; (d) the Port of Yampi Sound; (e) the Kimberley Ports Authority.
13. Schedule 1 clause 7 amended
Delete Schedule 1 clause 7(2).
14. Schedule 1 clause 8 amended
Delete Schedule 1 clause 8(4).
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15. Schedule 1 clause 8A inserted
After Schedule 1 clause 8 insert:
SA. Private vessels with length overall of 10 m or more to
maintain contact with port authorityThe master of a private vessel with a length overall of 10 m or more that enters a port is to inform the port authority of the vessel's movements while it is in the port by -
(a) maintaining radio contact with the port authority; or (b) communicating with the port authority by another means approved by the port authority.
16. Schedule 1 clause 11 amended
Delete Schedule 1 clause 11(3).
17. Schedule 1 clause 13 amended
In Schedule 1 clause 13 delete the definition of mooring.
Note: The heading to amended Schedule 1 clause 13 is to read:
Term used: mooring owner
18. Schedule 1 clause 15 amended
Delete Schedule 1 clause 15(2)(e) and insert:
(e)
whether the mooring is a cyclone mooring or other type of mooring; and
(0 whether the mooring is designed by a qualified
naval architect; and(g)
whether the mooring is designed with dynamic analysis or static analysis; and
(h)
the specifications for the construction of the mooring.
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19. Schedule 1 clause 16 amended
After Schedule 1 clause 16(1 )(b) insert:
(ba) the mooring is designed by a qualified naval
architect; and
(bb) the mooring is designed with -
(i) if the mooring is a cyclone mooring - dynamic analysis; or
(ii) if the mooring is any other type of mooring - dynamic analysis or static analysis;
and
20. Schedule 1 clause 31A inserted
After Schedule 1 clause 31 insert:
31A. Notice of dangerous cargoes
(1)
When notifying the harbour master under regulation 4, the master of the vessel must also notify the harbour master of any explosives or dangerous goods that are -
(a) to be loaded on to, or unloaded from, the vessel at
the port; or (b) to be kept on board the vessel while it is in the port.
The master of a vessel who is required to notify the harbour
master in relation to explosives or dangerous goods under
subclause (1) must also provide to the harbour master any
information required by the harbour master about the
explosives or dangerous goods.
(2)
(3) A person who does not comply with subclause (1) or (2)
commits an offence.
Penalty for this subclause: a fine of $12 000.
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21. Schedule 1 Division 4 heading amended
In the heading to Schedule 1 Division 4 delete "Port of
Ashburton and Port of Dampier" and insert:Port of Ashburton, Port of Dampier and Port of Varanus
Island22. Schedule 1 clauses 35 and 36 replaced
Delete Schedule 1 clauses 35 and 36 and insert:35. Application of this Division
This Division applies to the following -
(a) the Port of Ashburton; (b) the Port of Dampier; (c) the Port of Varanus Island; (d) the Pilbara Ports Authority.
36. Term used: fishing vessel
In this Division -
fishing vessel means a vessel that is used for commercial
fishing.
23. Schedule 1 clause 36A inserted
At the beginning of Schedule 1 Division 4 Subdivision 2 insert:
36A. Notice of dangerous cargoes
(1)
When notifying the harbour master under regulation 4, the master of the vessel must also notify the harbour master of any explosives or dangerous goods that are -
(a)
to be loaded on to, or unloaded from, the vessel at the port; or
(b) to be kept on board the vessel while it is in the port.
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(2) The master of a vessel who is required to notify the harbour
master in relation to explosives or dangerous goods under
subclause (1) must also provide to the harbour master any
information required by the harbour master about the
explosives or dangerous goods.(3) A person who does not comply with subclause (1) or (2)
commits an offence.
Penalty for this subclause: a fine of $12 000.24. Schedule 1 clause 37 amended
Delete Schedule 1 clause 37(1) and insert:
(1) For the purpose of receiving communications from the
harbour master, the master of a commercial vessel must -
(a)
when the vessel is approaching or is in the Port of Ashburton - maintain a listening watch on VHF Radio Channel 14 and VHF Radio Channel 16; or
(b)
when the vessel is approaching or is in the Port of Dampier - maintain a listening watch on VHF Radio Channel 11 and VHF Radio Channel 16; or
(c)
when the vessel is approaching or is in the Port of Varanus Island - maintain a listening watch on VHF Radio Channel 74 and VHF Radio
Channel 16.
25. Schedule 1 clause 48 amended
Delete Schedule 1 clause 48(4).
26. Schedule 1 clause 49 amended
In Schedule 1 clause 49 delete the definition of mooring.
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27. Schedule 1 clause 62 amended
Delete Schedule 1 clause 62(3) and insert:
(3) Unless otherwise directed by the harbour master, a person
must not unload any goods on to, or otherwise place any
goods on, a wharf in the port in a manner that obstructs or
interferes with, or is likely to obstruct or interfere with, a
mooring point, hose connection or electrical fixture.
Penalty for this subclause: a fine of $5 000.28. Schedule 1 clause 64AB inserted
After Schedule 1 clause 64AA insert:
64AB. Notice of dangerous cargoes
(1)
When notifying the harbour master under regulation 4, the master of the vessel must also notify the harbour master of any explosives or dangerous goods that are -
(a) to be loaded on to, or unloaded from, the vessel at the port; or (b)
to be kept on board the vessel while it is in the port. The master of a vessel who is required to notify the harbour
(2)
subclause (1) must also provide to the harbour master any master in relation to explosives or dangerous goods under information required by the harbour master about the
explosives or dangerous goods.(3) A person who does not comply with subclause (1) or (2)
commits an offence.
Penalty for this subclause: a fine of $12 000.
29. Schedule I clause 70 amended
Delete Schedule I clause 70(4).
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30. Schedule 1 clause 101 amended Delete Schedule 1 clause 101(2).
31. Schedule 1 clause 102B inserted
After Schedule 1 clause 102A insert:
102B. Notice of dangerous cargoes
(1)
When notifying the harbour master under regulation 4, the master of the vessel must also notify the harbour master of any explosives or dangerous goods that are -
(a) to be loaded on to, or unloaded from, the vessel at the port; or (b)
to be kept on board the vessel while it is in the port.
The master of a vessel who is required to notify the harbour
master in relation to explosives or dangerous goods under
subclause (1) must also provide to the harbour master any
information required by the harbour master about the
explosives or dangerous goods.
(2)
(3) A person who does not comply with subclause (1) or (2)
commits an offence.
Penalty for this subclause: a fine of $12 000.32. Schedule 1 clause 105 amended
Delete Schedule 1 clause 105(2).
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33. Schedule 3 amended
(1) In Schedule 3 delete "Port of Ashburton and Port of Dampier" and insert: Port of Ashburton, Port of Dampier and Port of Varanus Island (2) In Schedule 3 item 20 delete "less than 1 m from mooring point,
hose connection, etc." and insert:in a manner that obstructs or interferes with, or is likely to obstruct or
interfere with, a mooring point, hose connection or electrical fixtureN. HAGLEY, Clerk of the Executive Council.
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