Shipping and Pilotage (Mooring Control Areas) Regulations 1983 (WA)
Western Australia
Shipping and Pilotage Act 1967
Western Australia
Shipping and Pilotage Act 1967
These regulations may be cited as the
These regulations shall come into operation on the date of the coming into operation of section 10 of the
In these regulations, unless the contrary intention appears —
(a) the vessel or other floating object specified in the application to hire the mooring site; or
(b) if the hire has been altered under regulation 17(2) — the vessel or floating object specified in accordance with that subregulation;
(1) Subject to subregulation (2), these regulations apply to any mooring control area proclaimed under section 10(2) of the Act.
(2) These regulations do not apply to any mooring control area to which the
Mooring Regulations 1998 apply.[(3) deleted]
(1) A person must not install a mooring for a vessel or other floating object in a mooring control area unless the installation has been approved by the controlling authority.
(2A) Except as provided in subregulation (2), a person must not use a mooring for a vessel or other floating object in a mooring control area unless the mooring site is hired to the person under these regulations.
(2) Despite subregulation (2A), where a mooring has been established in a mooring control area before the proclamation of that mooring control area, a person may use that mooring —
(a) within 60 days after the proclamation; and
(b) more than 60 days after the proclamation if —
(i) an application to hire the relevant mooring site has been made to the controlling authority by the person in accordance with regulation 6; and
(ii) the controlling authority has not refused to hire that mooring site to the person.
(1) An application to hire a mooring site must be made to the controlling authority in the form approved by the controlling authority and must contain the following information —
(a) the full name, residential address and telephone number of the applicant and where the applicant is a body corporate or partnership the registered address and the name, address and telephone number of a natural person who may be contacted in relation thereto;
(b) the location of the mooring site;
(c) the purpose for which the vessel or other floating object to be placed on the mooring is to be used, whether private or commercial;
(d) the type, size and displacement tonnage of the vessel or other floating object to be placed on the mooring;
(da) the period of time, no longer than 12 months, for which the applicant seeks to hire the mooring site;
(e) where it is intended to moor a registered vessel on the mooring, the registration number of the vessel;
(f) where it is intended to moor a vessel or a floating object, other than a registered vessel, on the mooring, such identification of that vessel or object as the controlling authority may require.
[(2) deleted] (3) The applicant must supply such further information or material as the controlling authority may reasonably require.
(1) Subregulation (2) applies if —
(a) a mooring site has been hired to a hirer in accordance with these regulations for a period of time (the
initial hire period ); and(b) the initial hire period has ended; and
(c) the hirer has not by notice in writing to the controlling authority surrendered the mooring site.
(2) Immediately after each of the following periods of time, the hirer is taken to continue to hire the mooring site for the period of time determined under subregulation (3) —
(a) the initial hire period;
(b) any period of time for which the hirer is taken to continue to hire the mooring site under this subregulation.
(3) For the purposes of subregulation (2), the period of time is —
(a) a period of time equal to the initial hire period; or
(b) if the hirer has nominated in writing another period of time of no longer than 12 months — the period of time most recently nominated by the hirer under this paragraph.
(1) In this regulation —
(a) any of the following mooring control areas —
(i) Bremer Bay‑Fishery Beach Mooring Control Area;
(ii) Bunbury‑Koombana Bay — Casuarina Boat Harbour;
(iii) Carnarvon Fishing Boat Harbour;
(iv) Exmouth Boat Harbour Mooring Control Area;
(v) Jervoise Bay Mooring Control Area;
(vi) Kalbarri Murchison River Mooring Control Area;
(vii) Port of Onslow Mooring Control Area;
and
(b) the Inner Harbour of the Port Denison mooring control area.
(2) The fee to hire a mooring site, other than a mooring site referred to in subregulation (3), with a mooring apparatus in a relevant area is —
(a) a fee of $2.85 per day, or part of a day, per metre of the length of the nominated vessel in relation to the mooring site; or
(b) a fee of $6.45 per week per metre of the length of the nominated vessel in relation to the mooring site; or
(c) a fee of $21.50 per month per metre of the length of the nominated vessel in relation to the mooring site; or
(d) if the period of time to which the fee relates is 3 months or more — a fee of $13.05 per month per metre of the length of the nominated vessel in relation to the mooring site; or
(e) a fee of $143.30 per year per metre of the length of the nominated vessel in relation to the mooring site; or
(f) a fee calculated using a combination of the fees referred to in paragraphs (a) to (d).
(3) The fee to hire a mooring site with a mooring apparatus installed by or on behalf of the Department in a relevant area is —
(a) a fee of $39.25 per day, or part of a day, per metre of the length of the nominated vessel in relation to the mooring site; or
(b) a fee of $222.05 per week per metre of the length of the nominated vessel in relation to the mooring site; or
(c) a fee calculated using a combination of the fees referred to in paragraphs (a) and (b).
(4) If the fee under this regulation to hire a mooring site could be determined under more than 1 provision, the provision that results in the lower fee applies.
(1) The appropriate fee under regulation 7(2) or (3) must be paid to the controlling authority in accordance with a notice or agreement under subregulation (2) —
(a) by an applicant in relation to an application to hire a mooring site based on the period of time set out under regulation 6(1)(da) in the application; or
(b) by a hirer in relation to any additional hire period in relation to a mooring site.
(2) For the purposes of subregulation (1), the controlling authority must do 1 of the following —
(a) give the applicant or hirer a notice specifying the day, which must not be less than 14 days after the day on which the notice is given, by which the fee must be paid;
(b) enter into an agreement with the applicant or hirer specifying the day by which the fee must be paid.
(3) If an application to hire a mooring site is refused, the controlling authority must refund any fee paid in relation to the application.
(1) If an application under regulation 6 that relates to a mooring site at which no mooring apparatus is located is made, the controlling authority may grant approval for the installation of a mooring apparatus by notice in writing to the applicant if it is satisfied of the following —
(a) that the mooring site is appropriate;
(b) that the mooring apparatus proposed by the applicant is generally suitable for the nominated vessel;
(c) that the nominated vessel will not constitute a danger or interfere with the navigation of other craft that may use the area;
(d) that the establishment of the mooring site in the area selected is not likely to interfere with other possible usage of the waters.
(2) If approval is granted for the installation of a mooring apparatus under subregulation (1) the applicant must —
(a) notify the controlling authority when the mooring apparatus is in position; and
(b) if required to do so by the controlling authority, assist a person nominated by the controlling authority in an inspection of the mooring apparatus.
(3) If an application under regulation 6 in relation to a mooring site is made and the controlling authority is satisfied that the provisions of these regulations have been complied with in relation to the mooring site, it may hire the mooring site to the applicant.
(4) If a mooring has been established by a person in a mooring control area prior to the proclamation of that mooring control area and if that person makes application in accordance with regulation 6 to hire the mooring site upon which that mooring has been established, the controlling authority may, upon being satisfied that the provisions of these regulations have been complied with, hire the mooring site to the applicant without giving the notice referred to in subregulation (1) and the controlling authority must give notice in writing of the hire to the applicant.
(5) Where a mooring has been established in a mooring control area but application is not made to the controlling authority in accordance with regulation 6 the controlling authority may remove and destroy that mooring, but the power of removal and destruction cannot be exercised if the controlling authority is aware of the identity of the owner or reputed owner of that mooring until —
(a) the controlling authority sends such owner or reputed owner notice of its intention to remove and destroy the mooring unless application under regulation 6 is made to it within 14 days after the date appearing on the notice; and
(b) the period of 14 days expires without such an application being made.
(6) Without prejudice to the provisions of section 31 of the
Interpretation Act 1918 1 , notice under subregulation (5) may be given by fixing it to any vessel secured to the mooring or by attaching it to the mooring apparatus.
The controlling authority may, subject to the approval of the Department, vary or alter mooring sites within the mooring area and a hirer must, within one month (or such lesser period as is reasonably required) of receipt of a request from the controlling authority, or the Department, relocate or remove any mooring from the site so varied or altered.
The hirer must keep and maintain the mooring —
(a) at the hired mooring site; and
(b) in good and substantial condition and repair; and
(ba) so that it at all times complies with any direction given under regulation 13; and
(c) so that it at all times complies with regulation 14(1).
Where a mooring with a mooring apparatus not installed by or on behalf of the Department deteriorates to the extent that it is dangerous, unusable, in need of repair or no longer occupies the hired mooring site the controlling authority may —
(a) require the hirer to repair, relocate or remove the mooring within a specified time;
(b) where the hirer cannot be contacted or does not repair, relocate or remove the mooring within the time specified, remove and destroy the mooring.
(1) The hirer cannot assign, sell or otherwise dispose of any rights associated with the mooring site without first obtaining the approval of the controlling authority in writing.
(2) Where a hirer is a body corporate a change effecting alteration to the beneficial ownership of one half or more of the shares in its capital is taken to be an assignment requiring approval under subregulation (1).
[(3) deleted] (4) In accordance with paragraph (d) of the definition of
licence in thePersonal Property Securities Act 2009 (Commonwealth) section 10, a right associated with a hired mooring site is declared not to be personal property for the purposes of that Act.
The controlling authority may by notice in writing to a hirer do 1 or more of the following —
(a) make a direction in relation to the size, shape or colour of a float or buoy used at the mooring site hired by the hirer;
(b) direct that the hirer display, on a mooring apparatus, a mooring number or any other information.
(1) Any mooring apparatus on a mooring site must be of a nature, material, dimension, size, type and construction that will provide a secure mooring for the nominated vessel in relation to the mooring site.
(2) A controlling authority may require, in writing, a hirer of a mooring site with a mooring apparatus installed by or on behalf of the hirer to provide to the controlling authority an inspection report from an inspector approved by the controlling authority as to the condition of the mooring.
(3) The hirer must provide the report within 28 days after being required to do so by the controlling authority.
(4) If, as a result of the report, the controlling authority is not satisfied with the condition of the mooring, the controlling authority may —
(a) require the hirer to repair, relocate or remove the mooring within a specified time; or
(b) if the hirer cannot be contacted or does not repair, relocate or remove the mooring within the time specified, remove and destroy the mooring.
(1) The controlling authority may terminate the hiring of a mooring site if —
(a) the controlling authority considers it desirable in the public interest that the hiring should be terminated; or
(b) the hirer ceases to own or control the nominated vessel in relation to the mooring site; or
(c) a fee has not been paid in relation to the mooring site in accordance with regulation 7A; or
(d) the hirer does not comply with a direction under regulation 13; or
(e) an inspection report is not provided in accordance with regulation 14(3).
(2) Subregulation (1) applies whenever the mooring site is hired, including during any additional hire period.
(1) A person must not secure a vessel or floating object to a mooring without the consent of the hirer.
(2) The hirer must not without the previous approval of the controlling authority use or permit to be used the mooring at the hired mooring site for mooring —
(a) a vessel or other floating object of larger dimensions than the nominated vessel in relation to the mooring site; or
(b) more than one vessel or other floating object simultaneously.
(3) Subregulation (2)(b) does not apply to a hirer who uses or permits to be used a mooring at a hired mooring site for mooring 2 vessels if —
(a) 1 of the vessels is the nominated vessel in relation to the mooring site or another vessel permitted under these regulations to use the mooring; and
(b) the other vessel is a tender marked, in accordance with the
Navigable Waters Regulations 1958 regulation 2(1), with the same registration number as the vessel referred to in paragraph (a).
(1) Except as provided in subregulation (2), a vessel within a mooring control area must comply with the requirements of the
Prevention of Collisions at Sea Regulations 1983 made under theWestern Australian Marine Act 1982 .(2) Notwithstanding subregulation (1), a vessel, when moored in accordance with these regulations within a mooring control area —
(a) is not obliged to exhibit the lights or shapes prescribed in Rule 30(a) and (b); and
(b) is not obliged to give the signals prescribed in Rule 35(g) and (i),
of the International Regulations for Preventing Collisions at Sea 1972, as set out in the
(1) A hirer of a mooring site must, within 7 days, notify the controlling authority —
(a) of any disposal by the hirer of the nominated vessel in relation to the mooring site or any interest therein; or
(b) of any alteration to the information contained in the application to hire the mooring site, including any change of address or telephone number of the hirer or the natural person who may be contacted on behalf of a body corporate or partnership.
(2) The hirer of a mooring site must, upon ceasing to own the nominated vessel in relation to the mooring site, apply to the controlling authority providing such information as may be required for alteration of the hire of the mooring site to specify a different vessel or floating object belonging to the hirer.
(1) A hirer may by notice in writing to the controlling authority surrender a hired mooring site, but such surrender does not entitle the hirer to a refund of any fee paid in respect of any period after the date of surrender.
(2) A person who surrenders a hired mooring site must within one month of giving notice of surrender remove the mooring, failing which the controlling authority may remove and destroy the mooring.
(1) Where by these regulations an act is required to be done or forbidden to be done in relation to any mooring site or any mooring at a mooring site, the hirer of the mooring site has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be.
(2) A person who contravenes any provision of these regulations or does not do that which, by or under these regulations, the person is required or directed to do, commits an offence against these regulations.
Penalty for this subregulation: a fine of $200.
(1) A controlling authority may, in writing, designate a person to be an authorised fee officer for the purposes of these regulations in relation to fees payable to that controlling authority.
(2) A designation under this regulation may authorise the person to act —
(a) generally for the purposes of these regulations; or
(b) as specified in the terms of the designation, only —
(i) in relation to particular functions under these regulations; or
(ii) in relation to particular fees or kinds of fees; or
(iii) in particular circumstances.
(3) A person performing a function in reliance on a designation under this regulation is taken to do so in accordance with the terms of the designation unless the contrary is shown.
(1) A controlling authority or an authorised fee officer designated by it may by written instrument waive in whole or in part, during a period specified in the instrument, a fee or a class of fees payable to the controlling authority either —
(a) generally; or
(b) as specified in the instrument, in relation to —
(i) a particular vessel or a class of vessels; or
(ii) a particular place or places; or
(iii) a particular person or a class of persons.
(2) The controlling authority or an authorised fee officer designated by it may by written instrument (the
amending instrument ) —(a) if a waiver made under subregulation (1) has not yet come into effect — revoke the waiver; or
(b) if a waiver made under subregulation (1) is in effect — alter the date on which the waiver is to cease to have effect, but not to a date earlier than the day after the date on which the amending instrument is signed.
(3) A written instrument made under this regulation is not subsidiary legislation for the purposes of the
Interpretation Act 1984 .
(1) While a waiver made under regulation 21(1) is in effect and for at least 12 months after it ceases to have effect, the controlling authority must provide public access on a website maintained by, or on behalf of, the Department to —
(a) the written instrument by which the waiver is made; and
(b) any amending instrument, as defined in regulation 21(2), relating to the waiver.
(2) A failure to comply with subregulation (1) does not affect the validity of the written instrument or instruments concerned.
Despite any other provision of these regulations, if a fee that would otherwise be payable is waived under regulation 21 —
(a) there is no requirement to pay the fee; and
(b) the rights and obligations under the Act of every person are as they would be if the fee had not been waived, and had been paid.
(1) A controlling authority or an authorised fee officer designated by it may refund in whole or in part any fee that has been paid to the controlling authority.
(2) If a fee is refunded under subregulation (1) the rights and obligations under the Act of every person —
(a) are as specified by the controlling authority or authorised fee officer on making the refund; and
(b) to the extent that they are not specified under paragraph (a), are as they would be if the fee, or so much of it as has been refunded, had not been paid.
(1) In this regulation —
(2) An application under the pre‑commencement regulations for the registration of a mooring site that has been made, but not decided by the controlling authority, before commencement day is, on and from commencement day, taken to be an application under these regulations to hire the mooring site.
(3) Any fee paid under the pre‑commencement regulations regulation 7 in relation to a period of time that ends after commencement day is taken to be a fee paid under regulation 7A for that period of time.
(4) A person who, immediately before commencement day, was a registered owner in relation to a mooring site under the pre‑commencement regulations is taken to be the hirer of the mooring site under and is subject to these regulations.
This is a compilation of the
28 Nov 1983 p. 4709‑14 | 28 Nov 1983 (see r. 2 and | |
24 May 1985 p. 1765‑6 | 24 May 1985 | |
31 Dec 1993 p. 6910‑11 | 31 Dec 1993 | |
11 Dec 1998 p. 6650‑1 | 11 Dec 1998 (see r. 2) | |
11 Feb 2011 p. 482‑3 | r. 1 and 2: 11 Feb 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Feb 2011 (see r. 2(b)) | |
14 Feb 2012 p. 669‑70 | r. 1 and 2: 14 Feb 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Feb 2012 (see r. 2(b)) | |
SL 2021/147 13 Aug 2021 | 28 Sep 2021 (see r. 2(b)) | |
SL 2022/47 8 Apr 2022 | 9 Apr 2022 (see r. 2(b)) | |
SL 2024/69 1 May 2024 | 1 Jul 2024 (see r. 2(b)) | |
SL 2024/191 18 Sep 2024 | 30 Sep 2024 (see r. 2(b)) | |
Act...................................................................................................................................... 3
additional hire period...................................................................................................... 3
amending instrument................................................................................................ 21(2)
authorised fee officer....................................................................................................... 3
commencement day.................................................................................................. 25(1)
displacement tonnage...................................................................................................... 3
fee....................................................................................................................................... 3
hirer.................................................................................................................................... 3
initial hire period...................................................................................................... 6A(1)
mooring.............................................................................................................................. 3
mooring apparatus........................................................................................................... 3
mooring site...................................................................................................................... 3
nominated vessel.............................................................................................................. 3
person................................................................................................................................. 3
pre-commencement regulations............................................................................. 25(1)
relevant area................................................................................................................. 7(1)
written instrument............................................................................................................ 3
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