Rottnest Island Amendment Regulations 1997 (WA)
| 3510 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
| ROTTNEST ISLAND | ||
| F1301* |
ROTTNEST ISLAND AUTHORITY ACT 1987
ROTTNEST ISLAND AMENDMENT REGULATIONS 1997
Made by the Governor in Executive Council.
Citation
1. These regulations may be cited as the Rottnest Island Amendment
Regulations 1997.
Principal regulations
2. In these regulations the Rottnest Island Regulations 1988* are referred to as the principal regulations.
[* Published in Gazette 30 May 1988, pp. 1825-46.
For amendments to 16 June 1997 see 1996 Index to Legislation of
Western Australia, Table 4, pp. 238-9.1
Regulation 3 amended
3. Regulation 3 of the principal regulations is amended by inserting, in the
appropriate alphabetical positions, the following definitions -
"adequate insurance cover", in relation to a vessel, means adequate insurance cover of a kind specified by notice under regulation 72A (1);
"annual admission payment" means the annual payment in lieu of admission fees referred to in regulation 7;
"approved" means approved by the Authority;
"certificate of registration" means a certificate of registrationissued under the Navigable Waters Regulations;
"length", in relation to a vessel, means -
Porpoise Bay, Thomson Bay, Geordie Bay, Longreach Bay, Catherine Bay, Stark Bay, Narrow Neck and Marjorie Bay; (a) in the case of a vessel that is registered under the
Navigable Waters Regulations -
(i) the length of the vessel specified in the certificate of registration of that vessel; or
(ii) if the Authority is not satisfied as to the accuracy of that registered length, the length determined under paragraph (b); and
(b) in any other case, the distance from the fore part of the hull to the after part of the hull taken at the upperside of the uppermost weathertight deck or, in the case of an open vessel, at the height of the gunwale;
"mooring" means any gear (including an anchor or stake) set out on the seabed in a permanent manner to which a vessel or other floating structure may be secured by a chain, cable, wire or rope;
"mooring area" means each of the following -
4 July 19971 GOVERNMENT GAZETrE, WA 3511 "mooring site" means a mooring site recorded in the register;
"mooring site licence" means a licence granted underregulation 20;
"mooring site licensee" means a person who holds a mooring
site licence;
"overall length", in relation to a vessel, means the length of the vessel plus any bow sprit or marlin board;
"register" means the register referred to in regulation 25;
"rental licence" means a licence granted under regulation 15;
"rental mooring" means a mooring designated by the Authority as a rental mooring;
"vessel" means any floating object capable of carrying a person but does not include -
(a) surfboards; (b) windsurfing boards; (c) canoes; (d) surfskis; or (e) other non-motorized recreational flotations of a similar nature.
Regulation 5 amended
4. Regulation 5 of the principal regulations is amended -
(a) in subregulation (1) by inserting after "an admission fee" the following - set out in Schedule 7 ";
(b) by repealing subregulation (2); and (c)
in subregulation (4) by deleting "$300" and substituting the following - " $500 ".
Regulation 7 repealed and substituted 5. (1) Regulation 7 of the principal regulations is repealed and the
following regulation is substituted -
Annual payment in lieu of admission fee
7. Where -
(a) in respect of any vessel or aircraft (not being a vessel or aircraft in which persons are usually carried for reward) the relevant payment set out in Schedule 7 is paid in respect of any year, or part of a year, ending on 31 August
following the payment; and(b) an adhesive label issued by the Authority on receipt of that amount is exhibited on that vessel or aircraft in such a position as to be clearly visible from the exterior,
aperson who is carried to the Island on that vessel or aircraft during that year is taken to have paid the admission fee required under regulation 5.
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in respect of the financial year ending 30 June 1997 is taken to have been (2) Any payment made under regulation 7 of the principal regulations made in respect of the period ending 31 August 1997.
Regulation 7D amended
6. Regulation 7D (1) (b) of the principal regulations is amended by deleting
"a charter operator approved by the Authority" and substituting the
following -
41
an approved charter operator ".
Regulation 9 amended
7. Regulation 9 (1) of the principal regulations is amended -
(a) by inserting "or" after subparagraph (i); and (b)
by deleting subparagraphs (ii) and (iii) and substituting the following -
1 1
(ii) is secured to a rental mooring, or a mooring on a Division 2 or 3 of Part 4.
mooring site, and is authorized to be so secured under
and
(c) by deleting 1300" and substituting the following - $1000 ".
Part 4 repealed and a new Part substituted
8. Part 4 of the principal regulations is repealed and the following Part is
substituted -
Z (III) t $feT;1
Division 1 - General Control Provisions
Use of moorings
11. (1) A person shall not without permission -
(a) install a mooring for a vessel in the waters of the Island; or (b)
secure a vessel or allow it to remain secured, to a mooring that is installed without such permission.
Penalty: $1000.
secured, to a mooring in the waters of the Island unless - (2) A person shall not secure a vessel, or allow it to remain
(a) the vessel is authorized under Division 2 or 3 to be secured to that mooring; and
(b)
the vessel exhibits, so that it is clearly visible from the exterior of the vessel -
(i)
an adhesive sticker issued for that vessel under Division 3; or
(ii) a rental licence specifying that vessel. Penalty: $500.
4 July 19971 GOVERNMENT GAZETTE, WA 3513
secured, to - (3) A person shall not secure a vessel, or allow it to remain
(a) a mooring to which a vessel is already secured; or (b) a vessel that is secured to a mooring. Penalty: $500.
an overall length of up to 3.75 metres from being secured to another (4) Subregulation (3) does not apply so as to prohibit a vessel with vessel.
Anchorages
12. (1) A person shall not anchor a vessel, or allow it to remain anchored, unless the vessel lies in a position where -
(a)
no part of the vessel, or a vessel attached to it, is closer than 50 metres to any mooring; and
(b)
the vessel, or a vessel attached to it, does not obstruct or interfere with access to a mooring.
Penalty: $500.
required to anchor contrary to that subregulation to avoid or mitigate (2) Subregulation (1) does not apply in respect of a vessel that is danger to human life or significant damage to property.
Competent operator
13. (1) A person shall not anchor a vessel or secure it to a mooring,
or allow it to remain so anchored or secured, unless a competent
operator of the vessel -
(a) is within the limits of the Island; and (b)
if the vessel remains so anchored or secured overnight resides on the vessel or in casual residence on the Island under regulation 9.
Penalty: $300.
(2) In subregulation (1) -
"competent operator", in relation to a vessel, means an
individual who -
(a) is over 18 years of age; (b) is capable of operating the vessel; and (c) has responsibility for the vessel.
Application to person on vessel
14. For the purposes of regulations 11, 12 and 13, a person who is on
a vessel that is anchored, or secured to a mooring, is taken to allow it to
remain so secured or anchored.
Division 2— Rental Moorings
Licence to occupy rental mooring
15. (1) The Authority may, on application under subregulation (2),
grant to the applicant a licence for the use of a specified rental mooring
by a specified vessel for a specified period.
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(2) An application shall be -
(a) made by an individual over the age of 18 years; and (b) in an approved form that is duly completed.
Authority thinks fit. (3) A rental licence may be granted on such conditions as the any period if a rental licence for the use of that particular rental (4) A vessel is authorized to be secured to a rental mooring during mooring by that vessel for that period is of effect.
(5) A rental licence is not transferable.
(6) In subregulation (1) -
"specified" means specified in the licence.
Rent
16. (1) The rent payable for a rental licence during any period shall
be calculated at such rate as the Authority may determine for use of
that rental mooring during that period.
specified in the licence has commenced, the Authority - (2) If a licensee cancels a rental licence before the rental period (a) may retain from the rent as a cancellation fee -
(i) the notice period specified in the licence; and $15 if the cancellation is more than 48 hours before
(ii) 50% of the rent if the cancellation is less than 48 hours before the notice period specified in the licence;
and
(b) shall refund or credit to the licensee the balance of the rent. cancelled under regulation 17 or cancelled after the rental period
(3) No rent is refundable or to be credited in respect of a licence
specified in the licence has commenced.
Cancellation by Authority
17. The Authority may, by written notice given to the licensee, cancel has - a rental licence if it is satisfied on reasonable grounds that the licensee
(a) failed to comply with a condition of the licence; or (b) committed an offence under the Act or these regulations,
or caused or permitted another person to do any of those things.
Damage to mooring
18. (1) If a rental mooring is damaged or destroyed ("the loss") during the period of a rental licence granted in respect of that rental mooring, the cost of repair or replacement is a debt due to the Authonty by the licensee and is recoverable in a court of competent jurisdiction unless the licensee can show that -
(a) the loss was caused by the act or omission of some other person; and
(b)
the licensee could not have prevented the loss by the exercise of reasonable care.
4 July 19971 GOVERNMENT GAZETrE, WA 3515
occurred during the period of the licence if - (2) For the purposes of subregulation (1), the loss is taken to have
(a) the mooring is found to be damaged or destroyed at the end of the rental period specified in the licence; and
(b) the licensee did not report the loss to the Authority at the commencement of the rental period.
Division 3 - Mooring site licences
Interpretation
19. In this Division, unless the contrary intention appears -
"additional vessel" means a vessel authorized to be secured to a mooring under regulation 27;
"authorized user" means a person authorized under
regulation 31 to occupy a mooring site;
"authorized user's vessel" means a vessel authorized to be secured to a mooring under regulation 31;
"licensed vessel" means a vessel authorized to be secured to a mooring under regulation 26;
"mooring inspection report" means a report by an approved
mooring contractor that -
(a) is in an approved form;
(b) certifies that a mooring on a mooring site inspected -
(i) specifications; and complies with the approved mooring
(ii) is suitable for the use of a vessel with specifications up to and including the
specifications of the longest vessel registered or proposed to be registered, in respect of that mooring site as a licensed vessel, additional vessel or authorized user's vessel, at the date of the mooring inspection report;
and (c) is less than 12 months old; "suitable vessel" means a vessel which -
(a) has a length of at least 6.4 metres; (b) is a sailing vessel or has its own form of self propulsion capable of achieving a speed of 5 knots;
and
(c) has adequate insurance cover;
"waiting list" means the waiting list referred to in regulation 21 (1) (a).
Mooring site licence
20. (1) Subject to section 13 (3) of the Act and regulation 22, the Authority may, on application under subregulation (3), grant to the
applicant a licence to occupy a specified mooring site.
the Authority thinks fit. (2) A mooring site licence may be granted on such conditions as
| 3516 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
(3) An application shall -
(a) be in an approved form that is duly completed;
(b) be made by a person -(i) whose principal place of residence is in the State;
(ii) whose name appears on an electoral roll as an elector under the Electoral Act 1907;
(iii) who is named on the certificate of registration of the that vessel, or who produces evidence of ownership vessel nominated under paragraph (d) as the owner of
satisfactory to the Authority;
(iv) who is the owner of at least 25% of the net worth of the vessel nominated under paragraph (d);
(v) who does not already have an application recorded on
the waiting list; and
(vi) who does not hold another mooring site licence;
(c) be accompanied by the application fee set out in Schedule 7; (d) nominate a suitable vessel which has not been nominated
under any other application recorded on a waiting list and
is not a licensed vessel or an additional vessel for any other
mooring site; and(e) nominate a mooring area.
Authority may require. (4) The applicant shall supply such further information as the any part of the application other than - (5) An applicant may by written notice to the Authority amend
(a) the date of the application; (b) the name of the applicant; and (c) the nominated mooring area.
(6) If an application is withdrawn or amended, or the applicant's the Authority is not required to refund the application fee or any part
name is removed from the waiting list under subregulation (9) or (10),
of it. alteration to the particulars provided by the applicant in the (7) The applicant shall give written notice to the Authority of any application as soon as it is practicable to do so.
Penalty: $300.
application is sold or disposed of, the applicant - (8) If the applicant's interest in a vessel nominated in the
(a) shall give written notice to the Authority of the sale or disposal and the date of the sale or disposal, as soon as is
practicable after that date; and
may, by written notice given to the Authority, nominate
(b) another suitable vessel for the purposes of subregulation (3) (d) -
(i)
in respect of which the applicant is named on the certificate of registration as the owner or in respect of which the applicant produces evidence of ownership satisfactory to the Authority; and
4 July 19971 GOVERNMENT GAZETTE, WA 3517
(ii) of which the applicant is the owner of at least 25% of the net worth. Penalty applicable to paragraph (a): $300.
disposal under subregulation (8) does not nominate a vessel under (9) If an applicant who has given notice of the date of a sale or
subregulation (8) (b) within 6 months of that date the Authority may remove the applicant's name from the waiting list without further notice. (10) The Authority may -
(a) at any time by written notice require an applicant to confirm or update the particulars provided by the applicant
in an application or to provide further particulars;
(b) if an applicant fails to respond to a notice given to the applicant under paragraph (a) within the time specified in the notice, remove the applicant's name from the waiting list without further notice; and
(c) if the Authority is satisfied that an applicant listed on a waiting list, or a vessel nominated by that applicant, no
(d), give notice to that effect to the applicant and remove the applicant's name from the waiting list. longer meets the requirements of subregulation (3) (b) or
mooring site licence. (11) Part VII of the Property Law Act 1969 does not apply to a Lists of applicants
21. (1) The Authority shall -
maintain a waiting list specifrin the particulars of
(a) applicants for mooring site hcences in each mooring area; and
on receipt of an application for a mooring site licence in a
(b) mooring area, place the applicant at the end of the waiting list for that mooring area.
(2) A copy of—
(a) each waiting list; and (b)
a list setting out the name of every applicant for a mooring site licence and the date of the application,
shall be kept at the office of the Authority.
provide that applicant with a copy of his or her application particulars (3) The Authority shall, on written request by an applicant, as set out in a waiting list.
for inspection by the public during office hours free of charge. (4) The list referred to in subregulation (2) (b) shall be available Offer of mooring site licence
22. (1) If the Authority is satisfied that a mooring site is available
for allocation in a mooring area the Authority shall, by written
notice -
(a) offer a mooring site licence in respect of the mooring site to for that mooring area as having made an application that, having regard to the specifications of the vessel in the application, is appropriate for that mooring site; and
the first applicant recorded at the time on the waiting list
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(b) give the applicant contact details of the previous licensee of wishes, to negotiate with that licensee for the purchase of the mooring on the mooring site to which the licence relates.
the mooring site to allow the applicant, if he or she so
the application. (2) The Authority shall send the notice to the address specified in (3) When accepting an offer, the applicant shall - give the Authority written notice as to whether the
(a) applicant has, or has not, reached an agreement with the previous licensee to acquire the mooring; and
(b) pay to the Authority -
(i)
the annual mooring site licence fee set out in Schedule 7; and
(ii) the annual admission payment in respect of the vessel to be licensed.
(4) When -
(a) the Authority is notified of acceptance of an offer; (b) the prescribed payments are made under subregulation (3); (c) Authority that the applicant has acquired the mooring on the Authority has received evidence satisfactory to the the mooring site or that the applicant does not intend to
acquire the mooring; and(d) if the applicant has acquired the mooring, the Authority has received a satisfactory mooring inspection report in
respect of the mooring,
the Authority shall grant the mooring site licence to the applicant.
(5) If, for any reason -
(a) the applicant does not accept the offer in accordance with its terms within 14 days of receiving notice of the offer, or such further time as the Authority may by written notice
allow; or(b) the applicant accepts the offer under paragraph (a) but the the mooring inspection report referred to in subregulation evidence referred to in subregulation (4) (c) and, if required,
(4) (d) are not provided to the Authority within 28 days of receiving notice of the offer, or such such further time as the Authority may by written notice allow,
then -
(c) the offer lapses; (d) the Authority shall remove the name of the applicant from the waiting list; and
(e) the Authority may make the offer to another applicant.
making a further application for a mooring site licence. (6) Nothing in subregulation (5) prevents an applicant from Authority not obliged to offer licence
23. Nothing in these regulations imposes an obligation on the Authority to offer a mooring site licence in respect of a mooring site, and the Authority may deal with a mooring site in respect of which there is no licence in force as it thinks fit.
4 July 19971 GOVERNMENT GAZETTE, WA 3519 Mooring site licence
24. (1) When a mooring site licence is granted, the Authority shall issue a licence to the licensee.
(2) The licence shall specify -
(a) the licence number of the mooring site; (b) the full name of the licensee; (c)
the name and registration number (if any) under the Navigable Waters Regulations of the licensed vessel; and
(d) such other particulars as the Authority determines.
Register
25. (1) The Authority shall cause to be kept a register of mooring sites in such manner and form as the Authority determines.
(2) The register shall specify in respect of each mooring site -
(a) its location and number; (b) the particulars of the mooring site licensee (if any), including the full name address, contact telephone numbers, date of birth and the particulars of the person nominated by the licensee to be contacted in an emergency; (c) additional vessel, including any name of the vessel, any the particulars of the licensed vessel (if any) and any registration number under the Navigable Waters Regulations, the owner or owners of the vessel, the length and overall length of the vessel, the weight in metric tonnes, the draft, the vessel type, the name of the vessel's insurers and the percentage of the licensee's interest in the net worth of the vessel;
(d) the date of the last mooring inspection report for the mooring site; and
the particulars of any authorized users, and their vessels,
(e) as given to the Authority under regulation 31.
notice of any alteration to the particulars referred to in (3) The mooring site licensee must give the Authority written subregulation (2) (b), (c) and (d) as soon as it is practicable to do so.
Penalty: $300.
licensee, provide that licensee with a copy of particulars of that mooring (4) The Authority shall, on written request by a mooring site site as set out in the register.
name of the mooring site licensee for that mooring site, shall be - (5) A list setting out the number of every mooring site and the
(a) kept at the office of the Authority; and (b)
available for inspection by the public during office hours free of charge.
Licensed vessels
26. (1) A vessel is authorized to be secured to a mooring on a
mooring site if it is recorded in the register, and on the mooring site
licence, as the licensed vessel for that mooring site.
mooring site. (2) Only one vessel shall be recorded as a licensed vessel for any
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adhesive sticker designed to identify the licensed vessel for that (3) The Authority shall issue to each mooring site licensee an mooring site.
request the Authority to - (4) A mooring site licensee may, by written notice to the Authority,
(a) delete the particulars of the licensed vessel from the register and licence; and
(b) substitute as a licensed vessel in the register and on the licence another suitable vessel nominated by the mooring
site licensee -
(i) which is not a licensed vessel, an additional vessel for any other mooring site or a vessel nominated under
any application recorded on a waiting list;(ii) in respect of which the licensee is named on the certificate of registration as the owner, or in respect
of which the licensee has produced evidence of
ownership satisfactory to the Authority; and(iii) of which the licensee is the owner of at least 25% of the net worth.
by - (5) A notice referred to in subregulation (4) shall be accompanied
(a) the mooring site licence; (b) the sticker issued in respect of the licensed vessel; (c) full particulars of the nominated vessel; (d) certificates of insurance showing that the nominated vessel has adequate insurance cover; and
(e) if the nominated vessel has a length that is more than that of the longest vessel specified in the last mooring inspection report for the mooring, a fresh mooring inspection report certifying that the mooring is suitable for the use of a vessel up to and including the specifications of the nominated vessel.
her interest in a licensed vessel - (6) A mooring site licensee who sells or otherwise disposes of his or
(a) shall give written notice of the sale or disposal, and the
date of the sale or disposal, to the Authority as soon as is practicable after the sale or disposal; and
(b) written notice request the Authority to substitute as a may, within 6 months of the date of the sale or disposal, by licensed vessel in the register and on the licence another
suitable vessel nominated by the licensee -
(i)
in respect of which the licensee is named on the certificate of registration as the owner, or in respect of which the owner has produced evidence of ownership satisfactory to the Authority; and
(ii)
of which the licensee is the owner of at least 25% of the net worth.
Penalty applicable to paragraph (a): $300.
accompanied by - (7) A notice referred to in subregulation (6) (a) shall be
(a) the mooring site licence; and (b) the sticker issued in respect of the licensed vessel.
4 July 19971 GOVERNMENT GAZETrE, WA 3521
accompanied by - (8) A request referred to in subregulation (6) (b) shall be
(a) full particulars of the nominated vessel; (b) has adequate insurance cover; and certificates of insurance showing that the nominated vessel
(c) of the longest vessel specified in the last mooring inspection if the nominated vessel has a length that is more than that report for the mooring, a fresh mooring inspection report certifying that the mooring is suitable for the use of a vessel up to and including the specifications of the nominated vessel.
(9) If a notice is given in accordance with subregulations (4) and (5), or subregulations (6) (b) and (8), the Authority shall amend the
licence and register as requested.
mooring site, irrespective of whether or not there is a licensed vessel (10) A mooring site licensee shall maintain any mooring on the recorded on the register for that mooring site.
Additional vessels 27. (1) A mooring site licensee may, by written notice given to the Authority, nominate vessels other than the licensed vessel to use the mooring site if -
(a) the mooring site licensee is named on the certificate of registration of each nominated vessel as the owner of that vessel, or produces evidence of ownership satisfactory to the
Authority; and(b) each nominated vessel has adequate insurance cover.
site if it is recorded in the register as being an additional vessel in (2) A vessel is authorized to be secured to a mooring on a mooring respect of that mooring site.
(3) A notice under subregulation (1) shall be accompanied by -
(a) the annual admission payment in respect of the nominated vessel;
(b) a copy of the nominated vessel's certificate of registration or, if the vessel does not have a certificate of registration,
evidence of ownership of the vessel; (c) a copy of insurance certificates showing that the nominated vessel has adequate insurance cover; and
(d) of the longest vessel specified in the last mooring inspection if the nominated vessel has a length that is more than that report for the mooring, a fresh mooring inspection report certifying that the mooring is suitable for the use of a vessel up to and including the specifications of the nominated vessel.
and (3), the Authority shall - (4) If a notice is given in accordance with subregulations (1) enter the details of the nominated vessel in the register;
(a) and issue to the mooring site licensee an adhesive sticker
(b) designed to identify the additional vessel as being so registered.
accompanied by the relevant adhesive sticker, request the Authority to (5) A mooring site licensee may, by written notice to the Authority delete the particulars of an additional vessel from the register.
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If particulars of an additional vessel are removed from the register pursuant to a request under subregulation (5), the Authority is not required to refund the annual admission payment or any portion of it.
(6)
A mooring site licensee may have more than one additional vessel registered in respect of a mooring site at any time.
(7)
Mooring and mooring inspection report
28. (1) A mooring site licensee shall ensure that any mooring on
the mooring site of the licensee complies at all times with the approved
mooring specifications.
Penalty: $500.
A mooring site licensee is responsible for any cost incurred by
the mooring site licensee in ensuring that the mooring complies with
the mooring specifications.
(2)
A mooring site licensee shall at all times have a mooring
inspection report in respect of a mooring on the mooring site of the
licensee.
(3)
Penalty: $500.
A mooring site licensee shall give to the Authority a copy of
any mooring site inspection report made for the licensee within 7 days
of receiving the report.
(4)
Penalty: $300.
A mooring site licensee shall not use a mooring on the mooring site of the licensee, or cause or permit the mooring to be used, unless a mooring inspection report in respect of the mooring has been provided to the Authority.
(5)
Penalty: $500.
Unattended vessels
29. (1) A person shall not, without permission, cause or permit an
unattended vessel to remain secured to a mooring on a mooring site for
a period of longer than 24 hours.
The Authority may, if it is satisfied that a person has contravened subregulation (1), by written notice served on the mooring
(2)
site licensee or, if the vessel is an authorized user's vessel, the authorized user, direct that the vessel be removed from the mooring within the period specified in the notice.
(3) A person on whom a notice is served under subregulation (2)
shall comply with the notice.
Penalty: $500.
If a notice served under subregulation (3) is not complied with, the Authority may take possession of the vessel and deal with it as if it were abandoned, and for that purpose the notice given under subregulation (3) is taken to be a notice given under regulation
(4)
74 (2) (b).
Dealing with mooring site licence and mooring
30. (1) A mooring site licence is a licence to occupy the mooring site
specified in the licence and does not apply in respect of the mooring on
that mooring site.
Rights conferred on a mooring site licensee under these
regulations are not assignable and shall not pass by will or on intestacy
or vest by operation of law in any person.
(2)
4 July 19971 GOVERNMENT GAZETTE, WA 3523
accordance with these regulations, of a mooring. (3) Nothing in subregulation (2) prohibits the sale or disposal, in have effect, the person who was the mooring site licensee immediately (4) Subject to subregulation (8), if a mooring site licence ceases to before the licence ceased to have effect (or, if that person has died, his
or her personal representative) ("the previous licensee") shall -
(a) remove the mooring; or (b) has offered the mooring site licence. dispose of the mooring to the person to whom the Authority
Penalty: $500.
(5) The Authority may, by written notice given to the previous
within a time specified in the notice. licensee, direct the previous licensee to comply with subregulation (4) (6) If a previous licensee does not comply with a direction given
mooring and deal with it as if it were abandoned. under subregulation (5), the Authority may take possession of the removing a mooring on a mooring site, or any part of the mooring, will (7) If the Authority determines on reasonable grounds that have an adverse effect on the environment, the Authority may, by written notice given to the owner of the mooring and, if that person is not the owner, the mooring site licensee - notify those persons that the mooring, or any part of the
(a) mooring, may not be removed; and (b) take possession of the mooring.
or cause to be removed, a mooring or a part of a mooring, in respect of (8) A mooring site licensee or owner of a mooring shall not remove, which a notice has been issued under subregulation (7).
Penalty: $500.
subject of a notice under subregulation (7). (9) No compensation is payable in respect of a mooring that is the site licensees, approve the exchange of mooring sites between mooring (10) The Authority may, by written notice given to both mooring site licensees if -
(a) the mooring sites are within the same mooring area; and (b)
both mooring site licensees have complied with the directions of the Authority in respect of the exchange.
(11) If the Authority approves the exchange of mooring sites under subregulation (10), it shall cause the register to be amended accordingly. Authorized users
31. (1)A person other than a mooring site licensee may occupy a mooring site if - the mooring site licensee of the mooring site has authorized,
(a) in the approved form, that person to occupy the mooring site;
(b) the person so authorized has -
(i) given the authorization to the Authority; and (ii) by written notice given to the Authority, nominated a mooring site; vessel that complies with subregulation (3) to use the and
| 3524 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
(c) particulars of the authorization and nominated vessel are
recorded in the register for that mooring site.
site if it is recorded in the register as being an authorized user's vessel (2) A vessel is authorized to be secured to a mooring on a mooring for that mooring site.
(3) A vessel complies with this subregulation if -
(a) the authorized person is named on the certificate of registration of the nominated vessel as the owner of that vessel or produces evidence of ownership satisfactory to the
Authority; and(b) the nominated vessel has adequate insurance cover.
subregulation (1) (b) Wshall be accompanied by - (4) An authorization given to the Authority under
(a) the annual admission payment in respect of the authorized vessel; and
(b) of the longest vessel specified in the last mooring inspection if the nominated vessel has a length that is more than that report for the relevant mooring, a fresh mooring inspection report certifying that the mooring is suitable for the use of a vessel up to and including the specifications of the nominated vessel.
the Authority in accordance with this regulation, the Authority shall - (5) If an authorization and notice of nominated vessel are given to record the particulars of the authorization and nominated
(a) vessel in the register; and (b) issue to the authorized user an adhesive sticker designed to identify the authorized user's nominated vessel as the
vessel so recorded in the register.
user and authorized user's vessel from the register if - (6) The Authority shall delete the particulars of an authorized
(a) themooring site licensee who gave the authorization gives the Authority written notice that the licensee withdraws
the authorization; or
(b) the mooring site licence of the mooring site licensee who gave the authorization ceases to have effect.
and authorized user's vessel from the register if the authorized user - (7) The Authority may delete the particulars of an authorized user
(a) fails to comply with a direction under regulation 34 (4); or (b) fails to make an annual admission payment in respect of the authorized user's vessel.
(8) The Authority shall not delete particulars under subregulation (6) (a) or (7) until the Authority has given the authorized
user written notice, sent to the address recorded on the register, that
the particulars are to be deleted. vessel are deleted from the register, the Authority is not required to (9) If the particulars of an authorization and authorized user's refund the annual admission payment or any portion of it.
Term of mooring site licence 32. (1) Subject to these regulations, a mooring site licence has
effect for a period expiring on 31 August next following the grant of the
licence.
4 July 19971 GOVERNMENT GAZETTE, WA 3525 (2) A mooring site licence ceases to have effect -
(a) on the death of the mooring site licensee; (b) upon receipt by the Authority of a written request from the mooring site licensee that the licence be cancelled; (c) subregulation (3); and upon cancellation of the licence by the Authority under
(d) subject to regulation 33, upon the expiration of the licence.
licensee, cancel or refuse to renew the mooring site licence of the (3) The Authority may, by written notice served on a mooring site licensee if -
(a) the Authority is satisfied that -
(i) the mooring site licence was obtained by deception or fraud;
(ii) the mooring site licensee has committed an offence
under the Act or these regulations, or caused or
permitted another person to do so; or
(iii) the mooring site licensee has failed to comply with a condition of the mooring site licence or caused or permitted another person to do so;
(b) the mooring site licensee has given notice under regulation 26 (6) of the date of the sale or disposal of a
licensed vessel and has not nominated a substitute vessel
within 6 months of that date; (c) the mooring site licensee has failed to comply with a notice
under regulation 34;(d) the mooring site licensee -
does not have a mooring inspection report in respect
(i) of the mooring on the mooring site; or
has failed to provide the mooring inspection report to
(ii) the Authority under regulation 28;
or
(e) the Authority considers that it is in the public interest or in
the best interests of good management of the waters of the Island to do so.
licence under subregulation (3) (e), the Authority may, despite (4) If the Authority cancels or refuses to renew a mooring site regulation 22 (1) (a), offer under that regulation to the mooring site licensee another mooring site that is available for allocation. Renewal of licence
33. (1) The Authority may, on application by the licensee for from time to time for a period of 12 months. renewal and subject to reulation 32 (3), renew a mooring site licence A renewal of a licence takes effect from the day next succeeding the day of its expiry.
(2)
(3) An application for renewal shall be (a) made by the mooring site licensee in the approved form expiry of the licence; and
within one month before, or within one month after, the
| 3526 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
(b) accompanied by -
(i) the annual mooring site licence fee set out in Schedule 7; and
(ii) the annual admission fee in respect of the licensed vessel and each additional vessel of the licensee.
Notices
34. (1) The Authority may, if it satisfied that a mooring does not comply with the approved mooring specifications, by written notice served on the relevant mooring site licensee, direct that licensee to obtain a fresh mooring inspection report in respect of the mooring within the period specified in the notice and at the licensee's expense.
notwithstanding that the mooring site licensee already has a mooring (2) The Authority may give a direction under subregulation (1) inspection report in respect of the mooring.
licensee, direct the licensee to provide to the Authority, within the (3) The Authority may, by written notice served on a mooring site
period specified in the notice, evidence satisfactory to the Authority
that -the licensee meets all or any of the requirements of an
(a) applicant under regulation 20 (3) (b); (b) a licensed vessel of the licensee is a suitable vessel; or (c) the licensee meets the ownership requirements of these regulations in respect of a licensed or additional vessel of
the licensee.
user direct the authorized user to provide to the Authority, within the (4) The Authority may, by written notice served on an authorized
period specified in the notice, evidence satisfactory to the Authority that
the authorized user's vessel complies with regulation 31 (3).
Fees
35. The Authority may, on granting a mooring site licence, or on where the mooring site licence or annual admission payment will be of calculated on a pro rata basis) of any fee or annual admission payment
receiving an authorization under regulation 31, allow a rebate (to be
Net worth of vessel
effect for a period of less than 6 months. 35A. If there is a dispute as to the net worth of a vessel between the Authority and a person claiming to be the owner of at least 25% of the net worth of the vessel, the Authority shall accept an independent valuation by a valuer nominated by the President of the Institute of Valuers.
Notices may be affixed to vessel, etc. 35B. Without limiting sections 75 and 76 of the Interpretation Act 1984, a notice or direction may be given by the Authority under these regulations -
(a) to a mooring site licensee by affixing it to the licensee's
licensed or additional vessel; and(b) to an authorized user by affixing it to the authorized user's nominated vessel.
4 July 19971 GOVERNMENT GAZETTE, WA 3527
Division 3 - Transitional provisions
Interpretation
35C. In this Division - "commencement" means the day on which the Rottnest Island Amendment Regulations 1997 come into operation;
"eligible applicant" means an applicant who meets the requirements of regulation 20 (3) (b);
"existing certificate of registration" means a certificate of registration in force under these regulations immediately before commencement;
"registered owner" means a person who, immediately before commencement, was a registered owner under these regulations.
Registrations in effect until 31 August 1997
351). (1) Despite the repeal effected by regulation 8 of the Rottnest Island Amendment Regulations 1997, by virtue of this regulation -
(a) each existing certificate of registration continues in force until 31 August 1997 and then ceases to be in force; (b) each vessel specified in an existing certificate of registration continues to be authorized to be secured to a mooring on the mooring site to which the certificate relates until 31 August 1997 and then ceases to be so authorized; and (c) Part 4, as in force immediately before the coming into operation of regulation 8 of the Rottnest Island Amendment Regulations 1997, continues to apply in respect of registered owners and authorized vessels until 31 August 1997 and then ceases to so apply.
commencement, by written notice given to each registered owner, notify (2) The Authority shall, as soon as practicable after the registered owner that -
(a) will cease to be in force on 1 September 1997; and any certificate of registration issued to the registered owner (b) if the registered owner is an eligible applicant, the registered owner or, if the registered owner is not a natural
person, an eligible applicant nominated by or on behalf of the registered owner, may apply under regulation 20 for a mooring site licence to occupy one mooring site in respect of which that registered owner has an existing certificate of registration.
made not later than 15 August 1997 or such later date as the Authority (3) An application referred to in subregulation (2) (b) shall be may by written notice, in any particular case, allow.
receiving - (4) Despite any other provision of these regulations, on
(a) an application that is made in accordance with subregulations (2) (b) and (3) and meets all of the requirements of regulation 20 (3);
the annual mooring site licence fee specified in Schedule 7;
(b) and (c) the annual admission payment in respect of the vessel to be licensed,
the Authority shall grant to the applicant a mooring site licence in
respect of the mooring site nominated by the applicant.
| 3528 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
into force on 1 September 1997. (5) A mooring site licence referred to in subregulation (4) comes (6)
This Part applies to and in respect of a mooring site licence granted under subregulation (4) as if the licence were granted under
regulation 20.
If a registered owner in respect of a mooring site is not granted a mooring site licence under subregulation (4) in respect of that mooring site - (7)
(a)
the Authority may offer another person a mooring site licence in respect of the mooring site under regulation 22; and
(b)
any references in regulations 22 and 30 to the previous licensee shall be taken to be references to the registered owner.
Moorings in Little Armstrong Bay and Eagle Bay
site in Little Armstrong Bay or Eagle Bay in respect of which 35E. (1) The Authority may include in the register any mooring immediately before commencement a registered owner holds a certificate of registration but shall not grant a mooring site licence in respect of that mooring site other than pursuant to an application referred to in subregulation (2).
(2) A registered owner who -
holds a certificate of registration in respect of a mooring
(a) site in Little Armstrong Bay or Eagle Bay immediately before commencement; and
(b) is an eligible applicant,
may apply in accordance with regulations 20 and 35D (2) and (3) for a
mooring site licence in respect of that mooring site.site in Little Armstrong Bay or Eagle Bay may, with the permission of (3) A person granted a mooring site licence in respect of a mooring
impose, exchange that mooring site licence for a mooring site licence in the Authority and subject to such conditions as the Authority may respect of another mooring site that is available for allocation.
subregulation (3) despite regulation 22 (1) (a). (4) The Authority may allocate a mooring site under Waiting lists
in the same order, entries on any waiting list maintained by it 35F. (1) Subject to subregulation (3), the Authority shall transfer, immediately before commencement to the waiting lists required to be
maintained under regulation 21 (1) (a).commencement, by written notice require each applicant on a waiting (2) The Authority shall, as soon as practicable after list immediately before commencement - to confirm or update the particulars provided by the
(a) applicant; and (b) to provide such further particulars as the Authority may require, including the nomination of a single mooring area
and the nomination of a suitable vessel,
within the time specified in the notice.
4 July 19971 GOVERNMENT GAZETTE, WA 3529
waiting list if - (3) The Authority may remove an applicant's name from the the applicant fails to respond to a notice given to the
(a) applicant under subregulation (2) within the time specified in the notice; (b) the applicant does not meet all of the requirements of an applicant under regulation 20 (3) (b); or (c) the applicant does not nominate a vessel that meets all of the requirements of a vessel nominated under regulation
20 (3) Cd).
Moorings in Porpoise Bay - waiting list
35G. Despite regulation 20 (3) (b) (vi), a person who -
(a)
was the registered owner of a mooring site in Porpoise Bay immediately before commencement;
(b)
is granted a mooring licence in respect of that mooring site pursuant to an application under regulation 35D; and
(c)
was listed on a waiting list as an applicant for a mooring site in another mooring area immediately before commencement,
shall not be removed from the waiting list by reason only of holding a
mooring site licence.
Division heading and regulation 36A inserted
9. After regulation 36 of the principal regulations the following Division
heading and regulation are inserted -
Division 1A - Vessels
Anchoring of vessels
36A. A person shall not
(a) secure a vessel to a fence or other land-based structure that
is not designed principally for the purpose of securing vessels; or (b) is designed principally for use as a beach anchor. use any apparatus as a beach anchor unless that apparatus
Penalty: $500.
Regulation 37 amended
10. Regulation 37 of the principal regulations is amended (a) in subregulation (1) -
(i) by deleting "boat" in both places where it occurs and substituting in each case the following -
" vessel "; and
(ii) by deleting "$300" and substituting the following - " $500 ";
| 3530 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
(b) in subregulation (2) (b) by deleting "boats" and substituting the following - ig vessels ";and
(c)
the following regulations - by repealing subregulations (3), (4), (5) and (6) and substituting 49
The Authority may, if it is satisfied that a vessel is
charge, or a user of the vessel to remove immediately the
vessel from the place where it is beached or anchored.
beached or anchored in contravention of subregulation (1), direct the owner or person in charge, or apparently in (3)
shall comply with the direction. (4) A person given a direction under subregulation (3) Penalty: $500.
(5) If—
(a) a person to whom a direction is given under subreulation (3) fails to comply with the direction; or
(b) a vessel beached or anchored in contravention of subregulation (1) is unattended,
the Authority may -
(c)
cause the vessel to be removed to a place where the beaching or beach anchoring of vessels is permitted; or
(d) take possession of the vessel and deal with it as if the vessel were abandoned and, for that
is in writing, that direction shall be taken purpose, if the direction under subregulation (3) to be a notice given under regulation 74 (2) (b). Tel
Regulations 38A, 38B and 38C inserted
11. After regulation 38 of the principal regulations the following
regulations are inserted -
94
Speed restrictions - vessels
limit the speed of any specified class or classes of vessel in any area of 38A. (1) The Authority may by notice published in the Gazette, the waters of the Island defined in the notice.
(2) The Authority may vary or cancel a notice under this
regulation.
A person shall not drive a vessel in an area defined in a notice vessel of that class in the notice. under subregulation (1) at a speed exceeding the limit specified for a Penalty: $1000. Restricted areas for certain vessels
38B. (1) The Authority may, by notice published in the Gazette, define and set aside, and impose conditions on the use of, any area of the waters of the Island for the purposes of vessels of a class or classes
specified in the notice.
regulation. (2) The Authority may vary or cancel a notice under this (3)
4 July 19971 GOVERNMENT GAZETTE, WA 3531
under subregulation (1) except - (3) A person shall not use a vessel of a class specified in a notice
(a) in the area set aside under the notice for that purpose; and (b) in accordance with the conditions specified in the notice. Penalty: $1000.
Sullage from vessels
38C. (1) In this regulation - "liquid waste" means faecal matter or urine and any waste composed wholly or in part of liquid;
"sullage" means liquid waste from bathrooms, laundries and galleys including floor waste from those sources.
Island any sullage from a vessel other than by means of an approved (2) A person shall not discharge or deposit within the limits of the treatment system.
Penalty: $1000.
Regulation 41A inserted
12. After regulation 41 of the principal regulations the following regulation
is inserted -
94
Feeding of fauna
feeding of fauna of a kind specified in the resolution is prohibited 41A. (1) The Authority may by resolution determine that the within the limits of the Island.
(2) A person shall not feed fauna in respect of which a resolution the Authority has - has been made under subregulation (1) within the limits of the Island if erected signs on the Island notifying the public that feeding
(a) fauna of that kind is prohibited; or otherwise notified that person that the feeding of fauna of
(b)
that kind is prohibited. Penalty: $500.
Regulation 59 amended
13. Regulation 59 (4) of the principal regulations is amended -
(a) by deleting "or" after paragraphs (a) and (b); and (b)
by deleting paragraph (c) and substituting the following paragraphs -
(c) the carrying of a marine flare in the waters of the Island; or
(d) the discharge of a marine flare in the waters of the Island in the case of an emergency, or where a vessel
is in distress and requires assistance.
| 3532 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
Regulation 60 amended
14. Regulation 60 (1) of the principal regulations is amended -
(a) in paragraph (a) by deleting "a cooking" and substituting the following - 44 a gas cooking ";
(b) in paragraph (b) by deleting "a fireplace" and substituting the following - an indoor fireplace "; and
(c) by deleting "$600" and substituting the following - $1000 ".
Regulations 60A and 60B inserted
15. After regulation 60 of the principal regulations the following
regulations are inserted -
"
Sandboarding
60A. (1) A person shall not use a board or other object to slide down sandhills on the Island.
Penalty: $1000.
(2) A person shall not possess a sandboard on the Island. Penalty: $500.
(3) In this regulation -
"sandboard" means a board designed to be used for sliding down
a slope of land.
Litter
60B. (1) A person shall not deposit litter, or cause litter to be deposited, within the limits of the Island unless the litter is deposited in a place or receptacle set aside or provided for that purpose.
Penalty: $1000. (2) In this regulation - "litter" has the same meaning as in the Litter Act 1979.
Regulation 69 amended
16. Regulation 69 of the principal regulations is amended by deleting
"$500" and substituting the following -
94 $1000 ".
Regulation 70 amended
17. Regulation 70 of the principal regulations is amended -
(a) in subregulation (1) by deleting "$500" and substituting the following - 41 $1000 ";and
4 July 19971 GOVERNMENT GAZETTE, WA 3533
(b) in subregulation (3) by deleting "$500" and substituting the following - cc $1 000 ".
Regulation 71 amended
18. Regulation 71 of the principal regulations is amended by deleting
"$500" and substituting the following -
" $1000 ".
Regulation 72 amended
19. Regulation 72 (1) of the principal regulations is amended -
(a) by deleting "boat" and substituting the following - Ci vessel ";
(b) by deleting "by the Authority"; and (c)
by deleting 1500" and substituting the following - " $1000 ".
Regulation 72A inserted
20. After the heading to Part 8 of the principal regulations the following
regulation is inserted -
"
Adequate insurance cover
72A. (1) The Authority may, by notice published in the Gazette -
(a) specify, in relation to any class or classes of vessel -
(i) the type of insurance; and (ii) the amount of indemnity provided by that insurance, that is adequate insurance cover for the purposes of these
regulations; and
(b) exempt any vessel, class or classes of vessel from the
regulation requires the vessel to have adequate insurance
cover.operation of any of these regulations to the extent that the (2) An exemption under subregulation (1) (b) -
(a) Authority may specify in the notice of exemption; and is subject to such conditions and restrictions as the (b) has effect according to its tenor.
subject are breached, the exemption ceases to have effect. (3) If the conditions or restrictions to which an exemption is subregulation (1). (4) The Authority may vary or revoke a notice under Island, or allow a vessel to remain within the limits of the Island, (5) A person shall not bring a vessel within the limits of the unless the vessel has adequate insurance cover.
Penalty: $500.
| 3534 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
(6) For the purposes of subregulation (5), any person on a vessel (other than a vessel on which persons are usually carried for reward) is
taken to allow the vessel to remain within the limits of the Island.
Regulation 74 repealed and a regulation substituted
21. Regulation 74 of the principal regulations is repealed and the following
regulation is substituted -
Removal of abandoned or dangerous property
74. (1) Subject to this regulation, the Authority may take possession of any property within the limits of the Island if -
(a) the Authority has reasonable grounds to believe that it has been abandoned, is derelict or constitutes a danger to
persons or property or an environmental risk; or
(b)
a notice under subregulation (2) (b) relating to that property has not been complied with.
of property that is abandoned or derelict the Authority shall - (2) Before exercising the power in subregulation (1) (a) in respect
(a) make reasonable inquiry as to the identity and whereabouts of the person who is or has been the owner or part owner of the property or has or last had possession of the property;
and(b) if the identity and whereabouts of that person become known to the Authority, give written notice to the person requiring the person to remove the property within the time
specified in the notice.
shall comply with the notice. (3) A person to whom a notice is given under subregulation (2) (b) Penalty: $1000, regulation is a debt due to the Authority by a person who is shown to (4) Any cost incurred by or on behalf of the Authority under this
have been the owner or a part owner, or in the case of abandoned property, the former owner or a former part owner, at the time of removal and is recoverable in a court of competent jurisdiction.
(5) Subject to subregulations (6), (7) and (8) any property removed under this regulation becomes the property of the Authority and may be
disposed of as it thinks fit.
associated with the sale of the property, the Authority shall sell the the costs referred to in subregulation (4) together with the costs (6) If the Authority's estimate of the value of the property exceeds
property and after payment of all of its costs, hold the proceeds in
accordance with subregulation (7).
become part of the funds of the Authority at the expiration of (7) The proceeds of sale referred to in subregulation (6) shall
12 months from the date of the sale unless within that time a person proves to the satisfaction of the Authority that the person is entitled to them or any part of them, in which case the Authority shall pay the proceeds or part of the proceeds in accordance with that entitlement.
possession of the property to any person who proves that he or she is (8) Despite subregulations (5), (6) and (7), the Authority shall give
entitled to theproperty and who pays to the Authority all costs
incurred by it under this regulation.
(9) If property is owned by more than one person each person shall be jointly and severally liable for any debt due to the Authority under
this regulation.
4 July 19971 GOVERNMENT GAZETTE, WA 3535 Regulation 74A inserted
22. After regulation 74 of the principal regulations the following regulation
is inserted -
ri
False information
74A. A person shall not provide to the Authority information, or authorize or permit the provision to the Authority of information, that the person knows -
(a) to be false or misleading in a material particular; or (b) renders the information misleading in a material respect. has omitted from it a matter or thing the omission of which
Penalty: $500.
Schedule 1 amended
23. Schedule 1 to the principal regulations is amended
(a) by deleting Form 1; and (b) in Form 2 under the heading "OFFENCE" -
(i) in the item commencing "Regulation 9 (1)" by deleting "$50" and substituting the following - " $100 "; (ii)
following - by deleting "Regulation 12 (2)" and substituting the " Regulation 11 (2) (iii)
"boat" and substituting the following - in the item commencing "Regulation 37 (1) (a)" by deleting 41 vessel ";and (iv)
in the item commencing "Regulation 37 (1) (a)" by deleting 130" and substituting the following -
" $50 ".
Schedule 4 repealed and a Schedule substituted 24. Schedule 4 to the principal regulations is repealed and the following
Schedule is substituted -
ri
SCHEDULE 4— OFFENCES TO WHICH MODIFIED
PENALTIES APPLY
[Reg. 73]
Item Regulation Matter to which regulation
relatesModified penalty $ 1.
5 (4)
Failing or refusing to pay admission, not being a passenger on commercial transport
50
2. 9 (1) Taking up unauthorized
casual residence100
| 3536 | GOVERNMENT GAZETTE, WA | [4 July 1997 |
Item Regulation Matter to which regulation Modified relates penalty $ 3. 11 (1) (a) Installing mooring without 100 permission 4. 11 (1) (b) Securing vessel to mooring 100
installed without permission
5. 11 (2) (a) without authority
Securing vessel to mooring 50 6. 11 (2) (b)
Securing vessel not 50
displaying sticker or licence to mooring 7. 11 (3) (a)
Securing vessel to mooring 50
where vessel already secured 8. 11 (3) (b) secured to mooring
Securing vessel to vessel 50 91 12(l)
Anchoring vessel closer 50
than 50 metres to mooring or that it obstructs so mooring 10. 28 (3) mooring inspection report
Licensee failing to have 50 11. 28 (5) respect of which Authority
Licensee using mooring in 50
does not have mooring inspection report 12. 29 (3) Failing notice to move unattended
to comply with 50 vessel
13. 30 (8) Removing mooring that is 50
subject to notice prohibiting removal
14. 36 (1) (a) without permission
Being in a restricted area 50 15. 36 (1) (b) without permission
Being in a protected area 50 16. 36 (1) (c) Using a closed track or path without permission 50
17. 36A (a) Securing vessel to 50 structure not designed for
that use
18. 36A (b) Using than beach anchor as a
apparatus other 50 beach anchor
19. 37 (1) (a) Beaching vessel in 50
Thomson, Longreach or Geordie Bay without
permission and not in permitted area
4 July 19971 GOVERNMENT GAZETTE, WA 3537
Item Regulation Matter to which regulation Modified relates penalty $ 20. 37 (1) (b) Beach-anchoring a vessel 50 in Thomson, Longreach or Geordie Bay without
permission and not in permitted area
21. 38A (3) Exceeding speed limit set 100 for vessel in defined area 22. 38B (3) Using vessel contrary to 100 notice setting aside area and imposing conditions for use of that vessel
23. 38C (2) Discharging or depositing 100 sullage from vessel other
than by approved system
24. 39(l) Injuring flora or 100 etc.
removing stake or label relating to flora
25. 40 Interfering etc. with fauna 100 or habitat etc. of fauna
26. 41(1) Without permission 100 causing or allowing animal
or bird to enter Island
27. 41A (2) Feeding fauna contrary to 50 sign or notice 28. 42(l) Causing damage to any 50
rock or soil without permission
29. 44 (3) traffic sign or with
Failing to comply with 50
ranger's signal or direction relating to vehicle
30. 47(l) Exceeding speed limit 100
31. 53 Without permission 100 organizing, advertising or participating in any event or meeting
32. 55(1) Without permission 50 affixing notice etc., defacing rock, tree, pavement, structure etc. or causing any such act to be done
33. 56(1) Without permission 50
selling distributing etc. printed or written matter
| 3538 | GOVERNMENT GAZETI'E, WA | [4 July 1997 |
Item Regulation Matter to which regulation Modified relates penalty $
34. 59 (1)(a) Without permission 100
carrying or discharging firearm, speargun, gidgie etc.
35. 59 (2) Without permission having 100
explosive within device
limits of Island
36. 60(1) Without permission 100 lighting, making or using
fire other than in gas stove or indoor fireplace
37. 60A (1) Sandboarding 100 38. 60A (2) Possessing sandboard 50 39. 60B (1) Littering 100 40. 65(l) limits without permission
Being within aerodrome 100 or authority
41. 69 Without authority 100
destroying or damaging building or structure
42. 70 (1) (a) Unlawfully assaulting a 100 person 43. 70 (1) (b) Using indecent, obscene, 80
threatening, abusive or insulting language
44. 70 (1) (c) Doing or engaging in any 80
improper act, conduct or
offensive, indecent or behaviour
45. 70 (1) (d) Acting in such a way as to 80
cause a nuisance or annoyance to persons
46. 70 (3) Writing etc. or distributing or otherwise disseminating 80
indecent or obscene matter
47. 71 Causing or producing 80
noise that unreasonabl
interferes wit
convenience, comfort or amenity of any person
48. 72(l) Consuming alcoholic liquor 80 in unauthorized place I
4 July 1997] GOVERNMENT GAZETTE, WA 3539 Schedule 7 inserted
25. After Schedule 6 to the principal regulations the following Schedule is
inserted —
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SCHEDULE 7— MISCELLANEOUS FEES
PART 1— ADMISSION FEES AND PAYMENTS
1. Admission fee to Island (reg. 5 (1)) 50 cents for a child who has reached 6 years, but is under 12 years of age. $4.50 for every other person 2. Annual payment in lieu of $40 admission fee (reg. 7)
PART 2— MOORING LICENCES
3.
Application fee for mooring site licence (reg. 20 (3) (c))
$30
4. Annual mooring site licence fee $24.50 per (regs. 22 (3) (b), 33 (3) (b),
35D (4) (b))metre of length of licensed vessel or vessel to be licensed
1)
By Command of the Governor,
J. PRITCHARD, Clerk of the Executive Council.
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