Ports and Harbours Amendment Regulations 2010 (WA)
!201000099GG!
WESTERN 2417 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 4 JUNE 2010 No. 99 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.15 PM
© STATE OF WESTERN AUSTRALIA
SHIPPING AND PILOTAGE ACT 1967
_________
PORTS AND HARBOURS
AMENDMENT
REGULATIONS 2010
4 June 2010 GOVERNMENT GAZETTE, WA 2419
Western Australia
Ports and Harbours Amendment
Regulations 2010
CONTENTS
1. Citation
2. Commencement
3. Regulations amended
4. Part 1 heading inserted
Part 1 — Preliminary
5. Regulation 1 amended
6. Regulation 2 deleted
7. Regulation 3 amended
8. Regulation 4 amended
9. Regulation 5A inserted
5A. Declaration of ports (Act s. 10) 10. Part 2 inserted
Part 2 — Appointment of harbour masters and
deputy harbour masters
5B. Appointment of harbour masters and
deputy harbour masters5C. Conditions of appointment 5D. Duration of appointment 11. Part 4 heading inserted
Part 4 — Signals
12. Part 5 heading inserted
Part 5 — Pilotage
13. Part 5 Division 1 inserted
Division 1 — Licensing of pilots
9A. Licence required to act as pilot 9B. Application for licence 9C. Issue of licence 9D. Conditions of licence
2420 GOVERNMENT GAZETTE, WA 4 June 2010 Ports and Harbours Amendment Regulations 2010
Contents
9E. Duration of licence 9F. Application for renewal of licence 9G. Renewal of licence 9H. Suspension and revocation of licence 9I. Review of decisions 14. Part 5 Division 2 heading inserted
Division 2 — Requirements relating to pilotage
15. Regulation 9 amended
16. Regulation 10 amended
17. Regulation 14 amended
18. Part 5 Division 3 heading inserted
Division 3 — Charges
19. Regulation 15 amended
20. Regulation 15C amended
21. Part 5 Division 4 heading inserted
Division 4 — Pilotage exemption certificates
22. Regulation 16 amended
23. Regulation 16B amended
24. Regulation 16C amended
25. Regulation 16D amended
26. Regulation 16F amended
27. Regulation 16G amended
28. Regulation 16K amended
29. Regulation 16L amended
30. Regulation 16M amended
31. Regulation 17 amended
32. Part 6 heading inserted
Part 6 — Conservancy dues
33. Part 7 heading and Part 7 Division 1 heading inserted
Part 7 — Regulation of other matters
Division 1 — General34. Regulation 23 amended
35. Part 7 Division 2 heading inserted
Division 2 — Oil vessels
36. Regulation 30 amended
37. Part 8 heading inserted
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Contents
Part 8 — Miscellaneous
38. Regulation 51 amended
39. Part 9 inserted
Part 9 — Transitional provisions
52. Provisions relating to the Shipping and Pilotage Amendment Act 2006 40. Schedule 1A inserted
Schedule 1A — Declared ports
Division 1 — Name and limits of port
Division 2 — Copies of plans41. First Schedule amended
Schedule 1 — Signals indicating tides
42. Second Schedule amended
Schedule 2 — Signals to be displayed on vessels
43. Third Schedule amended
Third Schedule — Fees and charges
Schedule 3 — Fees and charges
44. Fourth Schedule amended
Schedule 4 — Specified countries
45. Fifth Schedule amended
Schedule 5 — Specified documents
46. Sixth Schedule amended
Schedule 6 — Forms
47. Various references to Schedules amended
48. Various references to “chief executive officer” amended
49. Various references to “pilot” amended
50. Various references to “Harbour Master” amended
51. Various references to “he”, “him” and “his” amended
4 June 2010 GOVERNMENT GAZETTE, WA 2423
Shipping and Pilotage Act 1967
Ports and Harbours Amendment
Regulations 2010
Made by the Governor in Executive Council.
1. Citation
These regulations are the Ports and Harbours Amendment
Regulations 2010.
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 Shipping and Pilotage Amendment Act 2006 section 10 comes into operation.
3. Regulations amended
These regulations amend the Ports and Harbours
Regulations 1966.
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4. Part 1 heading inserted
Before regulation 1 insert:
Part 1 — Preliminary
5. Regulation 1 amended
In regulation 1 delete “Ports and Harbours” and insert:
Shipping and Pilotage (Ports and Harbours)
6. Regulation 2 deleted
Delete regulation 2.
7. Regulation 3 amended
Delete regulation 3(1) and (2).
8. Regulation 4 amended
(1) In regulation 4 delete the definitions of: certificate of health
Harbour Master
pilot
the Department(2) In regulation 4 insert in alphabetical order: approved means approved by the CEO;
certificate of health means a valid Certificate of
Medical Fitness under Part 9 of the Marine Orders
made under the Navigation Act 1912 (Commonwealth);
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licensed pilot, in relation to a vessel in a pilotage area, means a person who holds a licence under Part 5 to act as a pilot for —
(a) the pilotage area; and
(b)
if conditions relating to the size of vessels are imposed on the licence — a vessel of that size;
Western Australian Land Information Authority
means the Western Australian Land Information
Authority established by the Land InformationAuthority Act 2006;
(3) In regulation 4 in the definition of exempt master delete “port;”
and insert:pilotage area; 9. Regulation 5A inserted
After regulation 4 insert:
5A. Declaration of ports (Act s. 10) An area of water, or land and water specified in
Schedule 1A Division 1 is declared to be a port for the
purposes of the Act.
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10. Part 2 inserted
After Part 1 insert:
Part 2 — Appointment of harbour masters and
deputy harbour masters
5B. Appointment of harbour masters and deputy
harbour masters
(1) The Minister may appoint a person to be a harbour
master or deputy harbour master of a port only if the
person —
(a) is an Australian citizen; and (b) meets the requirement under subregulation (2).
(2) A person meets the requirement under this
subregulation if the person —
(a)
holds, or has held, a certificate of competency, or a certificate of recognition, of the grade of Master issued under Part 3 of the Marine Orders made under the Navigation Act 1912 (Commonwealth); or
(b)
otherwise possesses the skills and experience that demonstrate, to the satisfaction of the Minister, the person’s competency to perform the functions of a harbour master, or deputy harbour master, of the port, as the case requires.
5C. Conditions of appointment
(1) The Minister may appoint a person to be a harbour
master or deputy harbour master subject to any
conditions that the Minister considers necessary to
impose, as specified in the instrument of appointment.
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(2) The Minister may, at any time by written notice given
to a harbour master or deputy harbour master, impose a
new condition on his or her appointment or amend or
revoke any condition imposed.
5D. Duration of appointment An appointment of a harbour master or deputy harbour
master has effect until —
(a)
the appointee resigns by written notice given to the Minister; or
(b) the appointment is revoked by the Minister; or (c)
the appointment is otherwise terminated in accordance with its terms and conditions.
Note: Part 3 has been reserved for regulations relating to marine safety
plans. Marine safety plans are referred to in sections 7B and 12(1)(bc)
of the Act, as inserted by the Shipping and Pilotage Amendment
Act 2006 sections 8 and 13(1)(b) respectively. The Shipping and
Pilotage Amendment Act 2006 sections 8 and 13(1)(b) are, as at the
commencement of these regulations, yet to be proclaimed.
11. Part 4 heading inserted
Before regulation 5 insert:
Part 4 — Signals
12. Part 5 heading inserted
After regulation 8 insert:
Part 5 — Pilotage
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13. Part 5 Division 1 inserted
At the beginning of Part 5 insert:
Division 1 — Licensing of pilots
9A. Licence required to act as pilot
(1) Except as provided in subregulation (2), a person must
not act as a pilot for a vessel in a pilotage area unless
the person is a licensed pilot.Penalty: a fine of $10 000. (2) A person may act as a pilot for a vessel in a pilotage
area if the person —
(a)
is undergoing training to become a licensed pilot; and
(b)
is acting under the direct supervision of a licensed pilot.
9B. Application for licence
(1) A person may apply to the CEO for a licence to act as a
pilot for a pilotage area.(2) The application must —
(a) be in the approved form; and (b) be accompanied by a fee of $361.20.
9C. Issue of licence
(1) The CEO may issue a licence to a person to act as a
pilot for a pilotage area only if —
(a) the person is an Australian citizen; and (b)
the person meets the requirement under subregulation (2) or (4); and
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(c)
the person has submitted a certificate of health to the CEO and the CEO is satisfied on the basis of that certificate that the person does not suffer from any disability that is likely to affect his or her ability to do what the licence will entitle him or her to do.
(2) A person meets the requirements under this
subregulation if the person —
(a) holds a valid certificate of competency, or a valid certificate of recognition, of the grade of Master issued under Part 3 of the Marine Orders made under the Navigation Act 1912 (Commonwealth); and (b) has satisfactorily completed an approved training course; and (c) acting under the direct supervision of a licensed
has completed such number of trips as a pilot the day or night, sufficient to satisfy the CEO that the person —
(i) has adequate knowledge of the relevant pilotage area; and
(ii) has adequate skill,
to be licensed as a pilot.
(3) The CEO cannot be satisfied of a person’s knowledge
and skill under subregulation (2)(c) unless —
(a)
the trips have been recorded in a log book in an approved form; and
(b)
each trip has been verified in writing by the supervising licensed pilot; and
(c)
the supervising licensed pilot has provided to the CEO a signed statement attesting to the person’s knowledge and skill.
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(4)
A person who does not meet the requirement under subregulation (2) meets the requirement under this subregulation if the person otherwise possesses the skills and experience that demonstrates, to the
satisfaction of the CEO, the person’s competency to act
as a pilot in the pilotage area.
9D. Conditions of licence
(1) The CEO may issue or renew a licence subject to any
conditions that the CEO considers necessary to impose,
as specified in the licence.(2)
The CEO may, at any time by written notice given to the holder of a licence, impose a new condition on the licence or amend or revoke any condition imposed.
(3) Without limiting subregulation (1) or (2), the CEO may
impose a condition on a licence that the holder is to
submit a certificate of health to the Department —
(a)
on every second anniversary after the date on which the first certificate of health was submitted under regulation 9C(1)(c); or
(b)
at any other time specified by a medical practitioner in a certificate of health submitted under paragraph (a).
(4)
Without limiting subregulation (1) or (2), the CEO may impose a condition on a licence that the holder is not to act as a pilot for a vessel of a size that is —
(a)
if regulation 9C(2) applies to the holder — larger than the largest vessel in which the holder made a trip into or out of the pilotage area as a pilot under supervision referred to in regulation 9C(2)(c); or
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(b)
if regulation 9C(4) applies to the holder — beyond the holder’s competency referred to in that regulation.
(5) The holder of a licence must comply with any
condition imposed on the licence.
9E. Duration of licence
(1) A licence is to have effect for 5 years from —
(a) the date it is issued; or (b)
if it is a renewed licence — the day after the day when the licence would have expired if the last renewal were not made,
unless it is suspended or revoked under regulation 9H.
(2) The expiry date of the licence is to be specified in the
licence.
9F. Application for renewal of licence
(1) The holder of a licence may apply to the CEO for
renewal of the licence.(2) The application must —
(a)
be made within 28 days before the licence expires; and
(b) be in the approved form; and (c) be accompanied by a fee of $248.30.
(3) If an application is made in accordance with
subregulation (2) but not decided before the licence
expires, the licence is to be taken, despite
regulation 9E, to continue to have effect until the
applicant is notified of the CEO’s decision to renew or
not to renew the licence.
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9G. Renewal of licence The CEO may refuse to renew a licence if the CEO
suspects, on reasonable grounds, that the holder of the
licence —
(a)
no longer meets a requirement under regulation 9C(1)(b); or
(b)
is no longer competent to act as a pilot in a pilotage area; or
(c)
has not satisfactorily completed an approved training course required by the CEO for the renewal; or
(d)
is in breach of a condition imposed on the licence under regulation 9D(3); or
(e)
is guilty of misconduct, or has been seriously negligent, in performing his or her function as a pilot.
9H. Suspension and revocation of licence
(1)
The CEO may suspend or revoke a licence if the CEO suspects, on reasonable grounds, that the holder of the licence —
(a)
no longer meets the requirement under regulation 9C(1)(a); or
(b)
is in breach of a condition imposed on the licence under regulation 9D(3); or
(c)
is no longer competent to act as a pilot in a pilotage area; or
(d)
is guilty of misconduct, or has been seriously negligent, in performing his or her function as a pilot; or
(e)
obtained the licence by false representation or other fraudulent means.
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(2) The CEO may suspend a licence under
subregulation (1) —
(a) for a period specified by the CEO; or (b)
until the holder complies with a requirement specified by the CEO.
(3)
Before the CEO decides to suspend or revoke a licence, the CEO must give written notice to the holder, stating the following —
(a) the proposed suspension or revocation; (b)
the findings of facts on which the decision is based;
(c) the reason for the decision; (d)
the period during which the holder may make written or oral representations to the CEO.
(4) If, after considering any representations made to the
CEO under subregulation (3), the CEO decides to
suspend or revoke a licence, the CEO must give written
notice to the holder, stating the following —
(a) the decision to suspend or revoke; (b) the date from which the suspension or revocation is to take effect; (c) in the case of a suspension — (i) the period of the suspension; or
(ii) any requirement that has to be complied with by the holder before the suspension ceases to have effect.
(5) If, after considering any representations made to the
CEO under subregulation (3), the CEO decides to
suspend or revoke a licence, the CEO must also give
notice of the CEO’s decision to the harbour master of
the port concerned.
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9I. Review of decisions
(1) In this regulation — reviewable decision means any of the following
decisions by the CEO —
(a)
a decision under regulation 9C not to issue a licence;
(b)
a decision under regulation 9D to impose or amend a condition;
(c)
a decision under regulation 9G not to renew a licence;
(d)
a decision under regulation 9H to suspend or revoke a licence.
(2) A person aggrieved by a reviewable decision may
apply to the State Administrative Tribunal for a review
of the decision.
14. Part 5 Division 2 heading inserted
Before regulation 9 insert:
Division 2 — Requirements relating to pilotage
15. Regulation 9 amended
In regulation 9:
(a) in paragraph (g) delete “port” and insert: pilotage area
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(b) delete “port or prescribed pilotage area outside the port at which pilotage is provided” and insert: pilotage area
(c) delete “pilot.” and insert: licensed pilot.
16. Regulation 10 amended
(1) In regulation 10(1) delete the passage that begins with “a port”
and ends with “shall —” and insert:a pilotage area must — (2) In regulation 10(2) delete “port or prescribed pilotage area
outside the port shall” and insert:pilotage area must 17. Regulation 14 amended
(1) Delete regulation 14(1) and insert:
(1) The master of any vessel that is within a pilotage
area —
(a)
must not move the vessel within that pilotage area without the consent of the harbour master of the port, except as provided in subregulation (2A); and
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(b) unless he or she is an exempt master in respect of that pilotage area — must obtain the services of a licensed pilot before moving the vessel if
the harbour master so directs.
(2A) If the harbour master of a port has given consent for a
dredging operation to commence, the master of the
dredger may, for the purposes of the operation, move
the vessel within any part of the pilotage area, as
permitted by the harbour master.(2) In regulation 14(2) and (3) after “second” insert: licensed 18. Part 5 Division 3 heading inserted
After regulation 14 insert:
Division 3 — Charges
19. Regulation 15 amended
In regulation 15(1) delete the passage that begins with “for
which” and ends with “the Third Schedule” and insert:for which the services of a licensed pilot or licensed
pilots have been obtained at a pilotage area must pay to
the harbour master of the port the charge set out in
Schedule 3
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20. Regulation 15C amended
In regulation 15C delete “in the State at which the Department
provides a pilotage service”.
21. Part 5 Division 4 heading inserted
After regulation 15C insert:
Division 4 — Pilotage exemption certificates
22. Regulation 16 amended
In regulation 16:
(a) delete “ports (and any prescribed pilotage areas outside those ports)” and insert: pilotage areas
(b) in paragraph (c) delete “has submitted, in accordance with regulation 16C,” and insert: has submitted
23. Regulation 16B amended
In regulation 16B(1)(d):
(a) delete subparagraph (iv) and “and” after it and insert: (iv) the Pollution of Waters By Oil and Noxious Substances Act 1987; and
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(b) after each of subparagraphs (i) to (iii) insert: and
24. Regulation 16C amended
Delete regulation 16C(1).
25. Regulation 16D amended
In regulation 16D(1):
(a) delete “port” (first occurrence) and insert: pilotage area
(b) before “port” (second occurrence) insert: relevant
26. Regulation 16F amended
In regulation 16F delete the passage that begins with “of an award” and continues to the end of the regulation and insert:
of —
(a)
an award made, or an agreement registered, under the Industrial Relations Act 1979; or
(b)
an award, or a collective agreement, made under the Workplace Relations Act 1996 (Commonwealth).
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27. Regulation 16G amended
In regulation 16G:
(a) in paragraph (a) delete “the port;” and insert: a pilotage area; or
(b) before “port may” insert: relevant
(c) delete “port or in the whole or a specified part of the port or any prescribed pilotage area outside the port,” and insert: pilotage area,
28. Regulation 16K amended
In regulation 16K delete “port” (each occurrence) and insert:
pilotage area
29. Regulation 16L amended
In regulation 16L delete “port” (each occurrence) and insert:
pilotage area
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30. Regulation 16M amended
In regulation 16M(4):
(a)
delete “chief executive officer shall cancel or suspend a certificate in respect of a port if he” and insert:
CEO must cancel or suspend a certificate in respect of
a pilotage area if he or she
(b) delete “port.” and insert: pilotage area.
31. Regulation 17 amended
In regulation 17(1):
(a) delete “port at which pilotage is provided” and insert: pilotage area
(b) delete “that port” and insert: that pilotage area
(c) before “port until” insert: relevant
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32. Part 6 heading inserted
After regulation 17 insert:
Part 6 — Conservancy dues
33. Part 7 heading and Part 7 Division 1 heading inserted
After regulation 18A insert:
Part 7 — Regulation of other matters
Division 1 — General
34. Regulation 23 amended
In regulation 23(1)(b) delete “shall”.
35. Part 7 Division 2 heading inserted
After regulation 29 insert:
Division 2 — Oil vessels
36. Regulation 30 amended
In regulation 30 delete “regulations 31 to 48, inclusive,” and
insert:this Division,
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37. Part 8 heading inserted
After regulation 48 insert:
Part 8 — Miscellaneous
38. Regulation 51 amended
In regulation 51 delete “shall be liable on conviction to a
penalty not exceeding $200.” and insert:commits an offence and, unless a penalty is expressly provided in relation to that offence, is liable to a fine of $2 000.
39. Part 9 inserted
After regulation 51 insert:
Part 9 — Transitional provisions
52. Provisions relating to the Shipping and Pilotage Amendment Act 2006
(1) In this regulation — amending Act means the Shipping and Pilotage
Amendment Act 2006;commencement day means the day on which the
amending Act section 10 comes into operation;existing port has the meaning given in section 10(3) of
the Act.
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(2) If the appointment of a person to be the harbour master
of a port was in effect immediately before the
commencement day —
(a) the appointment continues to have effect for a period of 2 years beginning on the commencement day, unless before then — (i) the appointee resigns by written notice given to the Minister; or
(ii) the appointment is revoked by the Minister;
and
(b)
during the period when the appointment continues to have effect under this subregulation, the appointee is to be taken to be a harbour master of the port appointed under section 4 of the Act.
(3) If the appointment of a person to be a pilot at a port
was in effect immediately before the commencement
day —
(a) the appointment continues to have effect for a period of 2 years beginning on the commencement day, unless before then — (i) the appointee resigns by written notice given to the Minister; or
(ii) the appointment is revoked by the Minister;
and
(b)
during the period when the appointment continues to have effect under this subregulation, the appointee is to be taken to hold a pilot’s licence for the port.
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(4) If, immediately before the commencement day, a
certificate was valid for use in respect of an existing
port —
(a) the certificate is, subject to these regulations, valid for use in respect of a port of the same name; and (b) the port of that name, instead of the existing port, is to be taken to be specified in the certificate.
40. Schedule 1A inserted
Before the First Schedule insert:
Schedule 1A — Declared ports
[r. 5A]
Division 1 — Name and limits of port
Name of port Limits of port
Port of Barrow The area of water and land described on Island Plan 1396 01 06B held by the Department, a
copy of which is included for information
purposes in Division 2.Port of Cape The area of water and land described on Preston Plan 1396 01 12C held by the Department, a
copy of which is included for information
purposes in Division 2.Port of Carnarvon The area of water and land described on
Plan 1396 01 08B held by the Department, a
copy of which is included for information
purposes in Division 2.
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Name of port Limits of port
Port of Derby The area of water and land described on
Plan 1396 01 03B held by the Department, a
copy of which is included for information
purposes in Division 2.Port of Emu Point The area of water and land described on
Plan 1396 01 11A held by the Department, a
copy of which is included for information
purposes in Division 2.Port of Jurien The area of water and land described on
Plan 1396 01 09A held by the Department, a
copy of which is included for information
purposes in Division 2.Port of Onslow The area of water and land described on
Plan 1396 01 07B held by the Department, a
copy of which is included for information
purposes in Division 2.Port of Perth The area of water and land described on
Plan 1396 01 10B held by the Department, a
copy of which is included for information
purposes in Division 2.Port of Varanus The area of water and land described on Island Plan 1396 01 05B held by the Department, a
copy of which is included for information
purposes in Division 2.Port Walcott The area of water and land described on
Plan 1396 01 04B held by the Department, a
copy of which is included for information
purposes in Division 2.
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Name of port Limits of port
Port of Wyndham The area of water and land described on
Plan 1396 01 01B held by the Department, a
copy of which is included for information
purposes in Division 2.Port of Yampi The area of water and land described on Sound Plan 1396 01 02B held by the Department, a
copy of which is included for information
purposes in Division 2.
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Division 2 — Copies of plans
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4 June 2010 GOVERNMENT GAZETTE, WA 2449 Ports and Harbours Amendment Regulations 2010
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4 June 2010 GOVERNMENT GAZETTE, WA 2451 Ports and Harbours Amendment Regulations 2010
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4 June 2010 GOVERNMENT GAZETTE, WA 2453 Ports and Harbours Amendment Regulations 2010
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4 June 2010 GOVERNMENT GAZETTE, WA 2455 Ports and Harbours Amendment Regulations 2010
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4 June 2010 GOVERNMENT GAZETTE, WA 2459 Ports and Harbours Amendment Regulations 2010
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41. First Schedule amended
(1) In the First Schedule:
(a) delete “First Schedule” and insert: Schedule 1 — Signals indicating tides
[r. 5]
(b) delete Table 1.
(2) In the First Schedule Table 2:
(a) in the heading delete “Broome and”; (b) in clause 1 delete “request, at each Port from the jetty at each Port —” and insert:
request from a post at the jetty at that Port —
(c) in clause 2 delete “the Port of Broome and”.
42. Second Schedule amended
In the Second Schedule delete “Second Schedule” and
insert:Schedule 2 — Signals to be displayed on vessels [r. 6, 7 and 8]
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43. Third Schedule amended
In the Third Schedule delete:
Third Schedule — Fees and charges
and insert:
Schedule 3 — Fees and charges
44. Fourth Schedule amended
In the Fourth Schedule delete “Fourth Schedule” and insert:
Schedule 4 — Specified countries
[r. 18A(1)(a)]
45. Fifth Schedule amended
In the Fifth Schedule:
(a) delete “Fifth Schedule”; (b) delete “[r. 18(5)]”, and insert:
Schedule 5 — Specified documents
[r. 18A(1)(b)(ii)]
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46. Sixth Schedule amended
In the Sixth Schedule:
(a) delete “Sixth Schedule”; (b) delete “Forms”, and insert:
Schedule 6 — Forms
(c) in Form 1 delete “PORTS AND HARBOURS REGULATIONS,” and insert:
Shipping And Pilotage (Ports And Harbours) Regulations 1966,
(d) in Form 1 delete “ports specified herein” and insert: pilotage areas specified in this Form
(e) in Form 1 delete “Department of Marine and Harbours” and insert: Department of Transport
(f) in Form 1 delete “PORTS AS” and insert: PILOTAGE AREAS
(g) in Form 1 delete “PORT” and insert: PILOTAGE AREA
2462 GOVERNMENT GAZETTE, WA 4 June 2010 Ports and Harbours Amendment Regulations 2010
r. 47
(h) in Form 2 delete “Port” (each occurrence) and insert: Pilotage Area
47. Various references to Schedules amended
Amend the provisions listed in the Table as set out in the Table.
Table
Provision Delete Insert r. 5 the First Schedule Schedule 1 r. 6 the first column of Schedule 2 Table 1 Table 1 in the column 1 Second Schedule r. 7(1) the first column of Schedule 2 Table 2 Table 2 in the column 1 Second Schedule r. 8(a) the second column Schedule 2 Table 1 of Table 1 or Table 2 column 2 or Table 2 in the Second column 2 Schedule r. 8(b) the first column of Schedule 2 Table 1 Table 1 or Table 2 in column 1 or Table 2 the Second Schedule column 1 r. 16H(1) Form 1 in the Sixth Schedule 6 Form 1 Schedule r. 16J(1) Form 2 in the Sixth Schedule 6 Form 2 Schedule
4 June 2010 GOVERNMENT GAZETTE, WA 2463 Ports and Harbours Amendment Regulations 2010
r. 48
Provision Delete Insert r. 18(1), (1a), (2), (3) the Third Schedule Schedule 3 and (4)(a) r. 18(5) the Fifth Schedule Schedule 5 r. 18A(1)(a) the Fourth Schedule Schedule 4 r. 18A(1)(b)(ii) the Fifth Schedule Schedule 5 48. Various references to “chief executive officer” amended
In the provisions listed in the Table delete “chief executive
officer” (each occurrence) and insert:CEO
Table
r. 9(f) r. 15(f) r. 16 r. 16D(2) r. 16E(1), (2) and (3) r. 16H(1) and (2) r. 16I(1) and (2) r. 16J(1) r. 16M(1), (2), (3), (5) and (6) r. 16N(1), (2) and (3) r. 18(1)(i) r. 19(5) r. 24(1) and (2)
2464 GOVERNMENT GAZETTE, WA 4 June 2010 Ports and Harbours Amendment Regulations 2010
r. 49
49. Various references to “pilot” amended
In the provisions listed in the Table before “pilot” insert:
licensed
Table
r. 13 (first occurrence) r. 15(2) (each occurrence) r. 15A(1) r. 15A(2) (first occurrence) r. 16G r. 17(1) r. 17(2) Note:
1. The headings to the amended regulations listed in the Table are to read as set out in the Table.
Table
Amended regulation Regulation heading r. 13 Masters of assisting vessels to obey licensed
pilotr. 15A Detention of licensed pilot r. 17 Flag required if no licensed pilot on board 50. Various references to “Harbour Master” amended
In the provisions listed in the Table delete “Harbour Master”
(each occurrence) and insert:harbour master
4 June 2010 GOVERNMENT GAZETTE, WA 2465 Ports and Harbours Amendment Regulations 2010
r. 50
Table
r. 14(2) r. 15(3) r. 16D(1) r. 16E(2) r. 16G r. 16J(3) r. 18(3), (4) r. 19 r. 20 r. 21 r. 22 r. 23(1) r. 24 r. 25 r. 26 r. 27 r. 29 r. 32 r. 33 r. 34 r. 35 r. 38(1) r. 39(2) r. 41 r. 42(1) r. 43(1), (3), (4) r. 47 r. 48(2)
2466 GOVERNMENT GAZETTE, WA 4 June 2010 Ports and Harbours Amendment Regulations 2010
r. 51
Note:
1. The headings to the amended regulations listed in the Table are to read as set out in the Table.
Table
Amended regulation Regulation heading r. 19 Powers of harbour master r. 22 Harbour master may order scuttling r. 47 Harbour master may inspect oil vessel 51. Various references to “he”, “him” and “his” amended
In the provisions listed in the Table:
(a) delete “he” (each occurrence) and insert: he or she
(b) delete “him” and insert: him or her
(c) delete “his” (each occurrence) and insert: his or her
Table
r. 16(c) r. 16E(4) r. 16M(5) r. 16N(1) r. 16N(2) r. 17(1) r. 18(4)(a) and (b) r. 21(1)(b)
4 June 2010 GOVERNMENT GAZETTE, WA 2467 Ports and Harbours Amendment Regulations 2010
r. 51
r. 22 r. 25(2) r. 26 r. 34 r. 43(3) r. 43(4) r. 49(1) By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
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