Rottnest Island Amendment Regulations (No. 2) 2015 (WA)
22 September 2015 GOVERNMENT GAZETTE, WA 3849 ROTTNEST ISLAND
It X301*
Rottnest Island Authority Act 1987
Rottnest Island Amendment Regulations
(No. 2) 2015
Made by the Governor in Executive Council.
1. Citation
These regulations are the Rottnest Island Amendment
Regulations (No. 2) 2015.2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Regulations amended
These regulations amend the Rottnest Island Regulations 1988.
National Law section 7;
4. Regulation 3 amended
(1) In regulation 3 delete the definition of owner. (2) In regulation 3 insert in alphabetical order:
Authority;
commercial aircraft means an aircraft in which
persons are carried for reward;
commercial vessel has the meaning given in theapproved form means a form approved by the domestic commercial vessel has the meaning given in the Marine Safety (Domestic Commercial Vessel)
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ferry means a vessel licensed under the Transport
Co-ordination Act 1966 section 47AA;
journey, to the Island, means to enter within the limitsof the Island but does not include -
(a)
in the case of a vessel - to transit through the limits of the Island in the course of one continuous voyage; or
(b)
in the case of an aircraft - to enter within the limits of the Island without landing;
main jetty means the main jetty at Thomson Bay on the
Island and includes the wharf and any jetty extending
from the main jetty and the associated barge loading
and hard stand areas;
Marine Safety (Domestic Commercial Vessel)
National Law means the Marine Safety (Domestic
Commercial Vessel) National Law applying as a law of
the Commonwealth because of the Marine Safety
(Domestic Commercial Vessel) National Law Act 2012
(Commonwealth) section 4;
operator, of a vessel, or aircraft, means a person in
charge, owner, charterer, lessee or bailee of the vessel
or aircraft;5. Regulation 5 amended
(1) In regulation 5(1) delete "enters within the limits of" and insert: undertakes a journey to (2) In regulation 5(3)(a) delete "vessel or aircraft in which persons
are usually carried for reward, by the owner" and insert:
domestic commercial vessel or commercial aircraft, by the
operator(3) In regulation 5(5):
(a) in paragraph (d) delete "vessel or aircraft in which persons are carried to the Island for reward; or" and insert: domestic commercial vessel or commercial aircraft; or
(b) in paragraph (e) delete "made; or" and insert: made.
(c) delete paragraph (0.
22 September 2015 GOVERNMENT GAZETTE, WA 3851 6. Regulation 6 replaced
Delete regulation 6 and insert:
6. Collection and payment of admission fees by ferry
operators(1) An operator of a ferry must -
(a)
before the ferry enters within the limits of the Island, collect, or cause to be collected, from each passenger on the ferry the admission fee provided for by regulation 5; and
(b)
remit fees collected under paragraph (a) to the Authority no later than 7 days after the last day of each collection period, in respect of fees collected during that collection period.
Penalty: a fine of$1 000.
(2) In subregulation (1)(b) -
collection period means a period of 7 days
commencing on a Wednesday and ending on aTuesday.
(3) The fees must be remitted under subregulation (1)(b)
together with a return made in an approved form that is
duly completed.
(4) A person must not pass to another person his or her
ticket for travel to the Island on a ferry with the
intention of providing false evidence that the other
person has paid an admission fee.
Penalty: a fine of $750.
(5) If an operator of a ferry fails to remit to the Authority the amount of any admission fees collected or required to be collected by the operator under subregulation (1), the Authority may recover from the operator the
amount that has not been remitted in a court of
competent jurisdiction.7. Regulation 6A amended
(1) In regulation 6A(1):
(a) delete "owner" and insert: operator
(b)
delete "regulation 6(1)(b)(ii)" and insert: regulation 6(1 )(b)
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(2) In regulation 6A(2) delete "owner of a vessel or aircraft shall"
and insert:
operator of a vessel or aircraft must
8. Regulation 7 amended
In regulation 7(2) delete the Penalty and insert:Penalty for an offence under this subregulation: a fine
of $750.
9. Regulation 7A replaced
Delete regulation 7A and insert:
7A. Payment of admission fees by domestic commercial
vessel operators(1) An operator of a domestic commercial vessel may, in
an approved form apply to the Authority for a permit to
use the vessel to undertake journeys to the Island.(2) The application must be accompanied by the annual
permit fee set Out in Schedule 7.(3) On granting the permit, the Authority must issue to the
operator of the domestic commercial vessel an
adhesive sticker evidencing the grant of the permit.(4) A person who is in charge of the domestic commercial
vessel must, at all times that the vessel is within the
limits of the Island, ensure that the adhesive sticker is
exhibited on the vessel in such a position as to be
clearly visible from the exterior. Penalty: a fine of$1 000. (5)
The operator of the domestic commercial vessel must ensure that each journey by the vessel to the Island is registered in an approved form with the Authority.
Penalty: a fine of$1 000. (6) The operator of the domestic commercial vessel
must -(a) before the vessel enters within the limits of the
Island, collect, or cause to be collected, from each passenger on the ferry the admission fee provided for by regulation 5; and
22 September 2015 GOVERNMENT GAZETTE, WA 3853 (b) remit fees collected under paragraph (a) to the Authority in respect of the journey.
Penalty for an offence under this subregulation: a fine
of$l 000.
10. Regulation 7B amended
In regulation 7B(l) and (2) delete "owner" and insert:
operator
11. Regulation 7C amended
In regulation 7C(1), (2) and (3) delete "owner" (each occurrence) and insert:
operator
12. Regulation 7D amended
(1) In regulation 7D(l)(b) delete "charter" and insert: domestic commercial vessel (2) In regulation 71)(2) delete "owner" and insert: operator 13. Regulation 7E replaced
Delete regulation 7E and insert:
7E. Recovery of fees A fee payable under these regulations is recoverable in
a court of competent jurisdiction as a debt due to the
Authority.
14. Regulation 20 amended
In regulation 20(8) in the Penalty after "paragraph (a):" insert:a fine of
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15. Regulation 26 amended
In regulation 26(6) in the Penalty after "paragraph (a):" insert:
a fine of
16. Regulation 28 amended
In regulation 28(5) delete the Penalty and insert:Penalty for an offence under this subregulation: a fine
of $750.
17. Regulation 37 amended
In regulation 3 7(3) delete "owner" and insert:operator
18. Part 5 Division lB inserted
After Part 5 Division 1A insert:
Division I B - Main jetty
38D.
Term used: officer In this Division - officer means an officer of the Authority.
38E. Signs may prohibit use of main jettY
(1) The Authority may erect a sign at or on the main jetty
prohibiting the use of the jetty either - (a) absolutely; or (b) except in accordance with conditions specified on the sign. (2) A person must not use the main jetty contrary to a sign
erected under subregulation (1).
Penalty for an offence under this subregulation: a fine
of$1 000.
38F. Approval to berth commercial vessel at main jetty (1) The master or operator of a commercial vessel may
apply for approval to berth the vessel at the main jetty
by providing to the Authority, within the time specified
in subregulation (2), a schedule of intended arrival and
departure times.
22 September 2015 GOVERNMENT GAZETTE, WA 3855 (2) The schedule must be provided -
(a)
in the case of a ferry - at least 14 days before the intended arrival; or
(b)
in any other case - at least one week before the intended arrival.
(3) On an application under subregulation (1), the
Authority may give written approval to the master or operator of the commercial vessel to berth at the main jetty in accordance with the approval.
(4) An officer may give approval for a commercial vessel to berth at the main jetty otherwise than in accordance with an approval under subregulation (1) if, in the
officer's opinion, it is necessary or convenient for the
vessel to do so and the vessel can so berth without
compromising the safety of, or causing undue
disruption or inconvenience to, other vessels berthingor proposing to berth at the jetty.
(5) A person must not berth a commercial vessel at the
main jetty otherwise than in accordance with a written
approval under subregulation (3) or an approval under
subregulation (4).
Penalty for an offence under this subregulation: a fineof$l 000.
38G. Main jetty berthing fee (1) An operator of a commercial vessel must, before
berthing the vessel at the main jetty, pay to the
Authority the relevant berthing fee set out in
Schedule 8.(2) An operator who fails or refuses to pay the fee commits
an offence.
Penalty for an offence under this subregulation: a fine of$l 000.
38H. Duties of master of commercial vessel (1) The master of a vessel berthing at the main jetty
must -
(a) ensure that a manifest is kept on board the vessel recording the number of passengers transported by the vessel on each journey to and from the Island; and
(b)
on request, make the manifest available for inspection by an officer.
Penalty: a fine of$1 000.
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(2) The operator of the vessel must -
(a)
keep a manifest referred to in subregulation (1) for 3 years after the relevant journey; and
(b)
on request, make the manifest available for inspection by an officer.
Penalty for an offence under this subregulation: a fine
of$1 000.
381. Work on main jetty
(1) The Authority may give written approval for a person
to -
(a) construct additions to the main jetty; or (b) repair the main jetty; or (c) do any other work in relation to the main jetty. (2) A person must not, without written approval from the Authority, do, or attempt to do, anything referred to in paragraph (a), (b) or (c) of that subregulation.
Penalty: a fine of$1 000.
(3) A person must not obstruct or hinder another person
engaged in doing anything referred to in
subregulation (1)(a), (b) or (c) in accordance with
written approval from the Authority.Penalty for an offence under this subregulation: a fine
of$l 000.
38J. Repairs to vessel at main jetty
(1) The Authority or an officer may give permission for a
person to -
(a) repair a vessel berthed at the main jetty; or (b) do any other work in relation to a vessel
berthed at the main jetty.
(2) A person must not, without the permission of the
Authority or an officer, do, or attempt to do, anything
referred to in subregulation (1)(a) or (b).Penalty for an offence under this subregulation: a fine
of$l 000.
38K. Berthing at main jetty generally (1) The master of a vessel berthed at the main jetty must
ensure that the vessel is secured to or at the jetty using
fittings provided for that purpose and not otherwise.Penalty: a fine of$1 000.
(2) The master of a vessel berthed at the main jetty must
ensure that the vessel is secured to or at the jetty in a
22 September 2015 GOVERNMENT GAZETTE, WA 3857 manner that allows free access to any steps or landing
used by the public at the jetty.Penalty for an offence under this subregulation: a fine
of$1 000.
38L. Berthing at commercial area of main jetty (1) The master of a vessel must ensure that the vessel is
not berthed at a commercial area of the main jetty
except for the purpose of—
(a) enabling passengers to embark or disembark; or (b) loading or offloading cargo. Penalty: a fine of$1 000.
(2) The master of a vessel berthed at a commercial area of
the main jetty must ensure that the vessel is moved
from that area as soon as practicable after -
(a) all its passengers have embarked or disembarked; or (b)
its cargo has been fully loaded or offloaded: or
as the case may be.
Penalty: a fine of$1 000.(c) both paragraphs (a) and (b), (3) Unless otherwise authorised by an officer, the master
of a vessel must, at all times during which the vessel is berthed or otherwise at a commercial area of the main jetty, ensure that the vessel is under the control of a
person who holds a certificate of competency -
(a)
as defined in the Marine Safety (Domestic Commercial Vessel) National Law section 6; or
(b)
granted under the Western Australian Marine Act 1982 Part II.
Penalty: for an offence under this subregulation: a fine of$1 000.
38M. Officer may direct that vessel be moved from main
jetty
(1) An officer may direct the master of a vessel berthed at the main jetty to move the vessel -
(a)
to another berth at the jetty specified by the officer; or
(b)
to another jetty, mooring or anchorage specified by the officer; or
(c) otherwise away from the main jetty.
(2) A person must comply with a direction under
subregulation (1).
Penalty: a fine of$1 000.
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(3)
Where a person fails to comply with a direction under subregulation (1), an officer may move the vessel, or cause the vessel to be moved, in accordance with the direction or as the officer otherwise thinks fit.
(4) The costs of moving a vessel under subregulation (3)
are recoverable in a court of competent jurisdiction as a
debt due to the Authority.38N. Bringing vehicle onto main jetty (1) In this regulation -
vehicle has the meaning given to that term in the Road
Traffic (Administration) Act 2008 section 4.(2) An officer may give permission for a person to bring a
vehicle onto the main jetty.(3) A person must not bring a vehicle onto the main
jetty -
(a) without the permission of an officer; or (b)
contrary to any condition to which the permission is subject.
Penalty for an offence under this subregulation: a fine
of$1 000.
380. Signs or markings on main jetty
(1) The Authority may give written permission for a
person to display a sign on, or attach a sign to, the main
jetty, or write, paint or otherwise mark anything on the
jetty.(2) A person must not display a sign on, or attach a sign to,
the main jetty, or write, paint or otherwise mark
anything on the jetty -
(a) without the written permission of the Authority; or (b)
contrary to any condition to which the permission is subject.
Penalty for an offence under this subregulation: a fine
of$1 000.
38P. Fishing from main jetty A person must not engage in fishing from the main
jetty in a manner that obstructs or interferes with the
free movement of vessels approaching or leaving the
jetty.
Penalty: a fine of$1 000.
22 September 2015 GOVERNMENT GAZETTE, WA 3859
38Q. Hire, lease or sale of goods on main jetty (1) The Authority may give written permission for a
person to conduct a business relating to the storage,
hire, lease or sale of goods on or from the main jetty.(2) A person must not conduct a business relating to the
storage, hire, lease or sale of goods on or from the main
jetty without the written permission of the Authority.
Penalty for an offence under this subregulation: a fineof$1 000.
38R. Use of amplified sound on main jetty (1) The Authority may give written permission for a
person to use a loud speaker, public address system or
other amplified sound source on the main jetty.(2) A person must not use a loud speaker, public address
system or other amplified sound source on the main
jetty without the written permission of the Authority.
Penalty for an offence under this subregulation: a fineof$1 000.
38S. Interfering with person on main jetty
A person must not -
(a)
tout or solicit anyone on the main jetty to be a passenger on a particular vessel or vehicle; or
(b)
otherwise interfere with the free movement of anyone entering upon or leaving the main jetty.
Penalty: a fine of$1 000.
381'. Gangways to be provided on vessel berthing at main
jetty(1) The operator and master of a vessel using the main
jetty for the purpose of embarking or disembarking passengers each commit an offence if the vessel is not
equipped with a gangway that complies with
subregulation (2) for use between the vessel and the
jetty.
Penalty: a fine of$1 000.
(2) The gangway must be constructed in accordance with
the National Standard for Commercial Vessels as
defined in the Marine Safety (Domestic Commercial
Vessel) National Law section 6.38U. Prohibited conduct on main jetty (1) A person must not throw any object or missile, or any filth, dirt, rubbish or matter of a similar nature, onto or from the main jetty.
Penalty: a fine of$1 000.
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(2) A person must not smoke on the main jetty.
Penalty for an offence under this subregulation: a fine
of$l 000.
38V. Interfering with main jetty and its operations
A person must not -
(a)
remove, damage or destroy any fixture or fitting on the main jetty; or
(b)
obstruct an officer in the execution of the officer's duty on the main jetty; or
(c)
otherwise obstruct or interfere with the operation of the main jetty.
Penalty: a fine of$1 000.
19. Regulation 41A amended
In regulation 4 1A(2) delete the Penalty and insert:
Penalty for an offence under this subregulation: a fine
of $750.
20. Regulation 44 amended
In regulation 44(3) delete the Penalty and insert:
Penalty for an offence under this subregulation: a fine
of $750.
21. Regulation 62 amended
In regulation 62(b) after "street" insert:
or jetty 22. Regulation 69 amended
In regulation 69 delete "destroy or damage any building" and insert:
destroy, damage or remove any building, jetty
23. Regulation 74B amended
In regulation 7413(2) delete owner" and insert:
operator
22 September 2015 GOVERNMENT GAZETTE, WA 3861
24. (1) In Schedule 4 after item 1 insert:
Schedule 4 amended
2AAA.
6(1) Failing to collect, or remit fees collected,
from ferry passengers 200
(2) In Schedule 4 item 2AA delete "6(2)" and insert:
6(4)
(3) In Schedule 4 delete items 213 and 2C and insert:
2B. 7A(4) Failing to ensure annual permit sticker is
exhibited on domestic commercial vessel 200 2C. 7A(5)
Failing to register journey to the Island 200 2D. 7A(6) Failing to collect, or remit fees collected, from domestic commercial vessel
passengers 200
(4) In Schedule 4 after item 22 insert:
23A. 38E(2) Use of main jetty contrary to signs 200 23B.
38F(5)
Berthing commercial vessel at main jetty otherwise than in accordance with written approval
200
23C. 38H(1) Master failing to keep or produce manifest 200 23D. 38H(2) Operator failing to keep or produce manifest 200
23E. 381(2) Unauthorised works on main jetty 200 23F. 38J(2) Unauthorised repairs to vessel berthed at main jetty 200 23G. 38L(3) Failing to ensure master of vessel at main jetty has a certificate of competency 200 23H. 38K(l) Berthing a vessel at main jetty using unauthorised fittings 200 231. 38K(2) Berthing a vessel in a manner that obstructs steps or landing 200 23J. 38T(1) Failing to provide suitable gangway for embarking and disembarking passengers 200 23K. 38U(1) Throwing litter or other things onto or from main jetty 200 23L. 38U(2) Smoking on main jetty 200
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25. Schedule 5 deleted Delete Schedule 5.
26. Schedule 7 amended
In Schedule 7 Part 1 after item 4 insert:5A. Annual permit fee for domestic coniiiiercial essels
(r. 7A(2)) $ 100.00 27. Schedule 8 heading amended
(1) In the heading to Schedule 8 delete "Main Ferry Jetty" and
insert:main jetty (2) Delete the reference after the heading to Schedule 8 and insert: [r. 38G] 28. Schedule 8 amended
In Schedule 8 delete at the Main Ferry Jetty" and insert:at the main jetty
29. Various Penalties amended
(1) In the provisions listed in the Table delete the Penalty and
insert:
Penalty for an offence under this subregulation: a fine of$1 000.
Fable
r. 6A(2) r. 38A(3) r. 38BA(3) r. 38B(3) r. 38C(2) r. 64(3) r. 67(2) r. 70(3) r. 72(2) r. 72AA(2) r. 74B(2)
22 September 2015 GOVERNMENT GAZETTE, WA 3863 (2) In the provisions listed in the Table after "Penalty:" insert:
a fine of
1 a h I
r.9(1) r. 11 (1)
r. 20(7) r. 25(3) r. 38 r.39(1) r. 40(I) r.41(1) r. 45(1) r. 45(3) r.46(1) r.47(1) r.48(1) r.49 r.52(1) r.53(1) r. 59(1) r. 59(2) r.60(1) r.60A(I) r.60B(I) r.61(1) r.61(2) r.62 r.65(1) r. 66(1) r. 69 r. 70(1) r. 71 r. 74(3)
K. H. ANDREWS, Clerk of the Executive Council.
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