Rottnest Island Amendment Regulations (No. 2) 2009 (WA)
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ROTTNEST ISLAND AUTHORITY
It X301*
Rottnest Island Authority Act 1987
Rottnest Island Amendment
Regulations (No. 2) 2009
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b)
the rest of the regulations — on the day after that day.
Made by the Governor in Executive Council.
1. Citation
These regulations are the Rottnest Island Amendment
Regulations (No. 2) 2009.2. Commencement
These regulations come into operation as follows —
4 December 2009 GOVERNMENT GAZETTE, WA 4921 3. Regulations amended
Fhese regulations amend the Roitnest Island Regulations 1988.
4. Regulation 19 amended
(1) In regulation 19 delete the definitions of: authorised user
aut/wrised user's vessel(2) In regulation 19 insert in alphabetical order:
authorised user, in relation to a mooring site, means a
person who is recorded in the register under
regulation 3 1B(5) or 3 1C(4) as an authorised user of
the mooring site;
authorised vessel, in relation to a mooring site, means
a vessel recorded in the register under
regulation 3 1B(5) or 3 1C(4) as the authorised vesselfor an authorised user of the mooring site;
5. Regulation 31 replaced
Delete regulation 31 and insert:
31A. Authorised user may use mooring site (1) A person other than a mooring site licensee may occupy a mooring site at a particular time if the person -
(a) is an authorised user of that mooring site; and (b)
has obtained the consent of the mooring site licensee to occupy the site at that time.
(2) A vessel is authorised to be secured to a mooring on a mooring site if it is an authorised vessel for that
mooring site.
31B. Authorisation of users by mooring site licensee (1) A mooring site licensee may, in the approved form,
authorise a person to be an authorised user of the
licensee's mooring site.(2)
The authorisation must specify a vessel that is to be the authorised user's authorised vessel for the mooring site (the nominated vessel), which vessel must comply with subregulation (4).
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(3) The authorised person must give the completed
authorisation form, signed by the licensee and
authorised user, to the Authority together with -
(a) payment of-
(i) the annual admission payment; and
(ii) the annual authorised user payment set Out in Schedule 7,
in respect of the nominated vessel for the year in which the authorisation is to take effect; and
(b) 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 mooring inspection report
certifying that the mooring is suitable for the
use of a vessel up to and including thespecifications of the nominated vessel.
(4) A vessel complies with this subregulation if—
(a) the authorised person -
(i) is named on the certificate of registration of the vessel as the owner of that vessel; or
(ii) produces other evidence of ownership of the vessel satisfactory to the Authority;
and
(b) the vessel has adequate insurance cover.
(5) On receipt of an authorisation form from a person in
accordance with this regulation the Authority may
record in the register -
(a)
the person as an authorised user of the mooring site; and
(b)
the nominated vessel as the person's authorised vessel for the mooring site,
and if it does so must issue to the person an adhesive
sticker identifying the vessel as the person's authorisedvessel for that site.
31C. Authorisation of users by Authority (1)
The Authority may, by written notice, authorise a person to be an authorised user of a mooring site.
(2) The Authority must give a copy of the notice to the
mooring site licensee.(3) The Authority must not authorise a person under
subregulation (1) unless the person -(a) has nominated a vessel that is to be the person's
authorised vessel for the mooring site (the
4 December 2009 GOVERNMENT GAZETTE, WA 4923 nominated vessel), which vessel must comply
with regulation 3 1B(4); and
(b) has given to the Authority the payments and
any documents required by regulation 31 B(3) to be given with an authorisation form under that regulation.
(4) When it authorises a person under subregulation (1) the Authority must -
(a) record in the register -
(i) the person as an authorised user of the mooring site; and
(ii) the nominated vessel as the person's authorised vessel for the mooring site;
and
(b) issue to the person an adhesive sticker
identifying the vessel as the person's authorised
vessel for that site.
31D. Change of authorised vessel (1) The Authority may, at the request of an authorised user
of a mooring site, amend the register to change the
person's authorised vessel for that site to another vessel
that complies with regulation 3 1B(4).(2) The Authority must issue to the person an adhesive
sticker identifying the replacement vessel as the
person's authorised vessel for that site.31E. Annual payments for authorised users (1) An authorised user must pay to the Authority in respect of the person's authorised vessel -
(a) the annual admission payment; and
(b) the annual authorised user payment set out in Schedule 7.
(2) The fees payable under subregulation (1) -
(a)
are payable for each year commencing on 1 September; and
(b)
must be paid before the commencement of that year.
31F. Cessation of authorisation (1) An authorisation given by a mooring site licensee
under regulation 31 B -
(a) may be revoked by the licensee by written
notice given to the Authority;
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(b)
may be cancelled by the Authority if the authorised user -
(I) fails to make a payment required by
regulation 3 1E; or
(ii) fails to comply with a direction under
regulation 34(4);
(c)
expires if the mooring site licence for the site ceases to have effect.
(2) An authorisation given by the Authority under
regulation 3 1 C -
(a)
may be revoked by the Authority by written notice to the authorised user;
(b)
expires if the licensee's mooring site licence ceases to have effect.
(3) If an authorised user's authorisation is revoked,
cancelled or expires the Authority -
(a)
must give written notice of that fact to the authorised user and mooring site licensee; and
(b) delete the authorised user from the register.
(4) If an authorised person is deleted from the register, the
Authority is not required to refund any annual admission payment or authorised user payment made by the person.
6. Various regulations amended
Amend the provisions listed in the Table as set Out in the Table.
Table
Provision Delete Insert
r. 19 def. of mooring user's inspection report par. (b)(ii), 29(2)
r. 25(2)(e)
users, and their users and authorised vessels, as given to vessels for the site. the Authority under
regulation 31.r. 34(4)
authorised user's person's authorised vessel complies with vessel complies with regulation 31(3). regulation 3 1B(4). r. 35
receiving an registering an authorisation under authorised user, regulation 31,
4 December 2009 GOVERNMENT GAZETTE, WA 4925
Provision Delete Insert
r. 3513(b) authorised user's person's authorised nominated vessel. vessel. Sch. 7 it. 7 (r. 31(4)(ab)) (r. 3 1 B(3)(a)(i i) and
31E(1)(b))
7. Regulation 38B replaced
Delete regulation 38B and insert:38BA. Certain vessels may be restricted to specified areas
(1)
The Authority may, by notice published in the Gazette, define and set aside any area of the waters of the Island as an area in which vessels of a specified class may be used.
(2) The Authority may, in the notice, impose conditions on
the use of vessels of that class in that area.(3) If a notice has been made under this regulation in
respect of a class of vessels, a person must not use a
vessel of that class in the waters of the Island unless the
person does so -
(a) in the area set aside by the notice; and (b)
in accordance with any conditions specified in the notice.
Penalty: $1000.
38B. Areas may be set aside for specified vessels (1)
The Authority may, by notice published in the Gazette, define and set aside any area of the waters of the Island
as an area in which vessels other than those of a specified class cannot be used.
(2) The Authority may, in the notice, impose conditions on
the use of vessels of the specified class in that area.(3) If a notice has been made under this regulation in
respect of an area, a person must not use a vessel in
that area unless -
(a)
the vessel is of the class specified in the notice; and
(b)
the person does so in accordance with any conditions specified in the notice.
Penalty: $1000.
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8. Schedule 4 amended
Delete Schedule 4 item 22 and insert:
22. 38BA(3) Using vessel of specified class outside 100 specified area or in breach of conditions
23A. 38B(3) Using vessel in specified area if vessel
not of specified class or in breach of
conditions100 By Command of the Governor,
R. KENNEDY, Clerk of the Executive Council.
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