Port Authorities Amendment Regulations (No. 2) 2009 (WA)

18 September 2009 GOVERNMENT GAZETTE, WA 3623

MARINE/MARITIME

AIX301*

Port Authorities Act 1999

Port Authorities Amendment Regulations

(No. 2) 2009

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Port Authorities Amendment
Regulations (No. 2) 2009.

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 after that day.

3.            Regulations amended

These regulations amend the Port Authorities Regulations 2001.

4.            Schedule 1 clause 74 amended

In Schedule 1 clause 74(2)(b) after "Class 3" insert:

renewed under this subclause or revalidated under

or Class 4

5.            Schedule 1 clause 90 replaced

Delete Schedule 1 clause 90 and insert:

90.           Validity and renewal of certificate of local knowledge

(1)	A certificate of local knowledge is valid for 2 years and expires at the end of that period unless it is sooner revoked under clause 91B.
(2)	If a person who holds a certificate of local knowledge (including a certificate of local knowledge previously

3624 GOVERNMENT GAZETTE, WA 18 September 2009

clause 91A) applies to the harbour master, in a form

approved by the harbour master -

(a)	before the certificate expires; and
(b)	with evidence that satisfies the harbour master that the person has moved a vessel under the authority of the certificate within 2 years before the application,

the harbour master may renew the certificate for a period
that, in the discretion of the harbour master, does not exceed

2 years.

91 A. Revalidation of expired certificate of local knowledge

(I) A person whose certificate of local knowledge expires under

clause 90 may apply to the harbour master, in a form
approved by the harbour master, to have the certificate
revalidated if the application is made within 2 years of the

expiry.

(2) The harbour master is to revalidate the certificate of local

knowledge for a period that, in the discretion of the harbour
master, does not exceed 2 years if satisfied by evidence
given with the application that the applicant has applied in
accordance with subclause (1) and complies with

subclause (4).

(3) The harbour master is to make available to a person who

requests it written information explaining what is required to

satisfy the harbour master under subclause (2).

(4) An applicant complies with this subclause if—

(a)	the applicant has moved a vessel under the authority of a licence within 2 years of the application; or
(b)	the applicant -

(i)      is capable of safely moving a vessel of more than 150 gross registered tonnes in the area or areas of the port in relation to which the

application is made; and

(ii)      has an adequate knowledge of those matters that the port authority considers relevant to the safe movement of vessels into, within

and out of the port.

(5) A certificate of local knowledge that is revalidated under
this clause has the same effect as it did immediately before it
expired.

(6) A person whose certificate of local knowledge expires and is not revalidated within the period referred to in subclause (1) may apply for a new certificate of local knowledge under

clause 88 if the person is eligible under clause 87.

91B. Revocation of certificate of local knowledge

(1) The harbour master may, in the discretion of the harbour master, revoke a certificate of local knowledge by written notice given to the person who holds the certificate.

18 September 2009 GOVERNMENT GAZETTE, WA 3625

(2) A notice under subclause (1) has effect on the day on which

the person who holds the certificate of local knowledge is given the notice or on any later day specified in the notice.

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.