Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2023 (WA)

Case
No judgment structure available for this case.

1180 GOVERNMENT GAZETTE, WA 19 May 2023

TRANSPORT

TN301

Jetties Act 1926

Road Traffic (Vehicles) Act 2012

Transport Regulations Amendment (Fees and

Charges) Regulations (No. 2) 2023

SL 2023/43

Made by the Governor in Executive Council.

(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b)
the rest of the regulations — on 1 July 2023.

Part 1 — Preliminary

1.            Citation

These regulations are the Transport Regulations Amendment

(Fees and Charges) Regulations (No. 2) 2023.

2.             Commencement

These regulations come into operation as follows —

19 May 2023 GOVERNMENT GAZETTE, WA 1181

Part 2 - Jetties Regulations 1940 amended

3.            Regulations amended

This Part amends the Jetties Regulations 1940.

4.            Regulation 2A deleted

Delete regulation 2A.

5.            Regulation 6 amended

In regulation 6(2)(a):

(a) after subparagraph (i) insert:
(ia) by a recreational vessel that is 25 m or
more in length an amount calculated
using standard Rate 1 set out in
Schedule 1 clause 1;
(b) in subparagraph (ii) delete "vessel -" and insert:

vessel that is less than 25 m in length

6.            Regulation 6A replaced

Delete regulation 6A and insert:

6A. Requirement to pay berthing dues
(1) If a pen, berth or mooring at a jetty is used by a vessel,
the chief executive officer may give the owner of the
vessel a notice in writing requiring that the berthing
dues specified in the notice be paid to the Department
on or before the day specified in the notice.
(2) A person given a notice under subregulation (1) must
pay the berthing dues specified in the notice on or
before the day specified in the notice.
Penalty for this subregulation: a fine of $500.
(3) Subregulation (2) does not apply if the person and the Department have agreed in writing that the person will pay the berthing dues specified in the notice on a day
after the day specified in the notice.

7.           Regulation 12 deleted

Delete regulation 12.

1182 GOVERNMENT GAZETTE, WA 19 May 2023

8.            Regulation 67DG amended

In regulation 67DG(2):

(a) delete "annual";
(b) delete "in advance, unless the chief executive officer approves, in a particular case, quarterly payments in advance." and insert:
in accordance with a notice given by the chief executive
officer to the exclusive operator or a written agreement
between the exclusive operator and the Department.

9.            Regulation 67DH amended

In regulation 67DH(a) delete "advance; or" and insert:

accordance with regulation 67DG(2); or

10.         Regulation 72 amended

(1) Delete regulation 72(2) and (3) and insert:

(2)

The charge for a permit under regulation 71 or 73 granted to the owner of a vessel is the appropriate charge set out in Schedule 3, or provided for in

subregulation (3A), and must be paid

(a) on the date the permit is granted; or
(b) on or before any other date specified in

(i)     a notice given by the chief executive officer to the owner of the vessel; or

(ii)     a written agreement between the owner

of the vessel and the Department.
(2) In regulation 72(3A)(a):
(a) after subparagraph (i) insert:

(ia) by a recreational vessel that is 25 in or

more in length an amount calculated
using standard Rate 1 set out in

Schedule 3 clause 2;

(b) in subparagraph (ii) delete "vessel -" and insert:

vessel that is less than 25 in in length

19 May 2023 GOVERNMENT GAZETTE, WA 1183
(3) In regulation 72(4) delete "advance." and insert:
accordance with subregulation (2).
(4) In regulation 72(6) delete "subregulation (3)" and insert:
subregulation (2)
(5) Delete regulation 72(7).

11.          Regulation 73 amended

In regulation 73(1) delete "Subject to the payment of the charge payable under regulation 72 the" and insert:

The

12.          Regulation 87 amended

(1) In regulation 87:
(a) delete "The owner or owners of every" and insert:
(1) The owner ofa
(b) delete "or owners liable for such damage, within 7 days
after demand," and insert:
liable for that damage, in accordance with a notice given
under subregulation (2),
(c) delete "or owners" (3rd occurrence).
(2) At the end of regulation 87 insert:
(2) The chief executive officer may give the owner of the
vessel a notice in writing requiring that the costs
referred to in subregulation (1) specified in the notice
be paid to the Department on or before the day
specified in the notice.
1184 GOVERNMENT GAZETTE, WA 19 May 2023

13.          Regulation 114 replaced

Delete regulation 114 and insert:

113A. Partial waivers due to unavailable pens, berths or

moorings

(1) Subregulation (2) applies if—

(a)

a vessel is allocated a pen at a jetty that is longer than necessary for the vessel due to the unavailability of a suitable sized pen for the vessel at the place where the vessel is berthed; and

(b)

a due or charge prescribed in Schedule 1 or 3 is charged by reference to the length of the pen allocated to the vessel.

(2) If the officer in charge of the jetty considers it is
appropriate in the circumstances, the officer may,
without the need for a written instrument, waive in part
the due or charge so that the amount payable is the due
or charge that would have been payable if a suitable
sized pen were allocated to the vessel.
(3) Subregulation (4) applies if a pen, berth or mooring is
unavailable at a jetty (the first jetty) as a result of an
operational decision by the Department and a vessel is
allocated
(a) a pen, berth or mooring of a different type at the first jetty; or
(b) a pen, berth or mooring at a different jetty (the

second jetty) that is

(i)     the same type or a different type; or

(ii)     the same size or a different size.

(4)

If the officer in charge of the first jetty or the second jetty considers it is appropriate in the circumstances, the officer may, without the need for a written

instrument, waive in part a due or charge prescribed in
Schedule 1 or 3 so that the amount payable is the due
or charge that would have been payable if the
unavailable pen, berth or mooring were allocated to the
vessel.
19 May 2023 GOVERNMENT GAZETTE, WA 1185

114.        Effect of waiver or partial waiver

Despite any other provision of these regulations, if a fee that would otherwise be payable is waived in whole or in part under regulation 111, 113 or 113A—

(a) there is no requirement to pay

(i)

if the fee is waived in whole or

the fee;

(ii) if the fee is waived in part the part of
the fee that has been waived;

and

(b) the rights and obligations under the Act of
every person are as they would be if the fee had
not been waived or waived in part, and had
been paid in full.

14.          Schedule 1 Division 1 clause 1 amended

In Schedule 1 Division 1 clause 1:

(a) delete "commercial vessel." and insert:
commercial vessel or recreational vessel that is 25 m or more
in length.
(b) delete "recreational vessel." and insert:

recreational vessel that is less than 25 m in length.

15.          Schedule 1 Divisions 2 and 3 replaced

Delete Schedule 1 Divisions 2 and 3 and insert:

Division 2 - Dues and charges for specified places

5.             Albany, Albany Waterfront Marina

(1) This clause applies to the Albany Waterfront Marina at
Albany.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.

For the use, other than casual daily use, of a floating pen with a walkway, an amount calculated per metre of the pen's length using the annual rate of

696.00

1186 GOVERNMENT GAZETTE, WA 19 May 2023
Item Type of use $

2.

For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of

556.80

3. For the use, other than casual daily use, of a floating
alongside berth, an amount calculated per metre of
the vessel's length using the annual rate of 696.00

4.

For the casual daily use of a pen or alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2

5.          For the short term use of a service jetty, an amount calculated using standard Rate 3

6.             Albany, Emu Point Boat Harbour

(1) This clause applies to the Emu Point Boat Harbour at
Albany.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed pen without a walkway, an amount calculated per

metre of the pen's length using the annual rate of 394.55
2.
For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of 475.20
3.
For the use, other than casual daily use, of a floating pen with a walkway, an amount calculated per metre of the pen's length using the annual rate of 696.00

4.           For the use, other than casual daily use, of a floating

alongside berth, an amount calculated per metre of

the vessel's length using the annual rate of 696.00
19 May 2023 GOVERNMENT GAZETTE, WA 1187
Item Type of use $
5. For the casual daily use of a pen or alongside
berth
by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2

6.          For the short term use of a service jetty, an amount calculated using standard Rate 3

7. Augusta Boat Harbour

(1) This clause applies to the Augusta Boat Harbour.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.

For the use, other than casual daily use, of a floating pen with a walkway, an amount calculated per metre of the pen's length using the annual rate of

696.00

2. For the use, other than casual daily use, of a floating
alongside berth, an amount calculated per metre of
the vessel's length using the annual rate of 696.00

3.

For the casual daily use of a pen or alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
4. For the short term use of a service jetty, an amount
calculated using standard Rate 3
1188 GOVERNMENT GAZETTE, WA 19 May 2023

8.             Bremer Bay

(1) This clause applies to Bremer Bay.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use

1.          For the casual daily use of an alongside berth

by a commercial vessel, an amount calculated using standard

Rate 1

by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
2. For the short term use of a service jetty by a vessel for which a
swing mooring fee has not been paid, an amount calculated using
standard Rate 3

9.             Bunbury, Casuarina Boat Harbour

(1) This clause applies to the Casuarina Boat Harbour at
Bunbury.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen with a walkway, an amount calculated per metre

of the pen's length using the annual rate of 556.80

2.          For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of

the vessel's length using the annual rate of 556.80

3.          For the casual daily use of a pen or alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
4. For the short term use of a service jetty, an amount
calculated using standard Rate 3
19 May 2023 GOVERNMENT GAZETTE, WA 1189

10.           Burswood Jetty

(1) This clause applies to Burswood Jetty.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the exclusive use of Berth 1 under a Berth 1

permit, an annual amount of 16 638.00

2.          For the casual daily use of—

Berth 1 (otherwise than under a Berth 1 permit) or Berth 2 by a commercial vessel, an amount calculated using standard Rate 1
Berth 1 (otherwise than under a Berth 1 permit) or Berth 3 by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1

For the casual annual use of
Berth 1 (otherwise than under a Berth 1 permit) or 25 m in length, an amount calculated using standard Rate 2

3. 

Berth 1 (otherwise than under a Berth 1 permit) or Berth 2 by a commercial vessel, an amount calculated using standard Rate 3
Berth 1 (otherwise than under a Berth 1 permit) or Berth 3 by a recreational vessel, an amount calculated using standard Rate 3

11.           Carnarvon Boat Harbour

(1) This clause applies to the Carnarvon Boat Harbour.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen with a walkway, an amount calculated per metre

of the pen's length using the annual rate of 454.35

2.          For the use, other than casual daily use, of a fixed

pen without a walkway, an amount calculated per

metre of the pen's length using the annual rate of 415.40
3.
For the use, other than casual daily use, of a floating pen with a walkway, an amount calculated per metre of the pen's length using the annual rate of 696.00
1190 GOVERNMENT GAZETTE, WA 19 May 2023
Item Type of use $
4. For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of 545.05
5. For the use, other than casual daily use, of a floating
alongside berth, an amount calculated per metre of
the vessel's length using the annual rate of 696.00
6. For the use, other than casual daily use, of a pile mooring, an amount calculated per metre of the vessel's length using the annual rate of 255.15
7. For the casual daily use of a pen, alongside berth or pile mooring by a commercial vessel, an amount calculated using standard Rate 1
8. For the casual daily use of a pen, alongside berth or pile mooring by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
9. For the casual daily use of a pen, alongside berth or pile mooring by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
10. For the short term use of a service jetty, an amount calculated using standard Rate 3

12.           Cervantes

(1) This clause applies to Cervantes.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use

1.          For the casual daily use of an alongside berth

by a commercial vessel, an amount calculated using standard

Rate 1

by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
2. For the short term use of a service jetty, an amount calculated using
standard Rate 3
19 May 2023 GOVERNMENT GAZETTE, WA 1191

13.           Coral Bay Maritime Facility

(1) This clause applies to the Coral Bay Maritime Facility.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use

1.          For the use of an alongside berth

for short term use by any vessel, an amount calculated using standard Rate 3
for casual daily use by a commercial vessel, an amount calculated using standard Rate 1
for casual daily use by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
for casual daily use by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2

14.           Denham Maritime Facility

(1) This clause applies to the Denham Maritime Facility.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen without a walkway, an amount calculated per

metre of the pen's length using the annual rate of 487.20

2.          For the casual daily use of a pen or alongside berth

by a commercial vessel, an amount calculated

using standard Rate 1

by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
3. For the short term use of a service jetty, an amount
calculated using standard Rate 3
1192 GOVERNMENT GAZETTE, WA 19 May 2023

15.           Esperance, Bandy Creek Boat Harbour

(1) This clause applies to the Bandy Creek Boat Harbour at
Esperance.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen without a walkway, an amount calculated per

metre of the pen's length using the annual rate of 385.40
2.
For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of 554.25

3.          For the casual daily use of a pen or alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
4. For the short term use of a service jetty, an amount
calculated using standard Rate 3

16.           Exmouth

(1) This clause applies to Exmouth.
(2) In this clause a reference to a service vessel is a reference to
any vessel other than a recreational vessel, Government
vessel, tourism vessel or fishing vessel.
(3) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen with a walkway by a recreational vessel,

Government vessel, tourism vessel or fishing vessel,

an amount calculated per metre of the pen's length

using the annual rate of 556.80

2.          For the use, other than casual daily use, of a fixed

pen with a walkway by a service vessel, an amount

calculated per metre of the pen's length using the

annual rate of 765.60
19 May 2023 GOVERNMENT GAZETTE, WA 1193
Item Type of use $

3.          For the use, other than casual daily use, of a fixed

alongside berth by a recreational vessel, Government

vessel, tourism vessel or fishing vessel, an amount

calculated per metre of the vessel's length using the

annual rate of 556.80

4.           For the use, other than casual daily use, of a fixed

alongside berth by a service vessel, an amount

calculated per metre of the vessel's length using the

annual rate of 765.60

5.          For the use, other than casual daily use, of a floating

pen with a walkway by a recreational vessel,

Government vessel, tourism vessel or fishing vessel,

an amount calculated per metre of the pen's length

using the annual rate of 696.00

6.          For the use, other than casual daily use, of a floating

pen with a walkway by a service vessel, an amount

calculated per metre of the pen's length using the

annual rate of 904.80

7.          For the use, other than casual daily use, of a 25 m

pen with a walkway by a vessel, an amount

calculated per metre of the pen's length using the

annual rate of 1113.60

8.          For the use, other than casual daily use, of a floating alongside berth by a recreational vessel, Government vessel, tourism vessel or fishing vessel, an amount

calculated per metre of the vessel's length using the

annual rate of 696.00

9.          For the use, other than casual daily use, of a floating

alongside berth by a service vessel, an amount

calculated per metre of the vessel's length using the

annual rate of 904.80

10.        For the casual daily use of a pen or alongside berth

by a Government vessel, tourism vessel or fishing vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
11. For the short term use of an alongside berth on a
service jetty by a vessel (other than a service vessel),
an amount calculated using standard Rate 3
1194 GOVERNMENT GAZETTE, WA 19 May 2023
Item Type of use $
12. For the casual daily use of a pen or alongside berth, other than on a service jetty, by a service vessel, an amount calculated per metre of the vessel's length using the daily rate of 12.75
13. For the use of a service jetty, other than while refuelling, by a service vessel, an amount calculated
per metre of the vessel's length using the 6-hourly
rate of 9.80

17.           Fremantle Fishing Boat Harbour

(1) This clause applies to the Fremantle Fishing Boat Harbour.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen without a walkway, an amount calculated per

metre of the pen's length using the annual rate of 487.20
2.
For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of 556.80

3.          For the use, other than casual daily use, of a floating

pen with a walkway by a vessel, an amount

calculated per metre of the pen's length using the

annual rate of 696.00

4.           For the use, other than casual daily use, of a floating alongside berth by a vessel, an amount calculated per

metre of the vessel's length using the annual rate of 696.00

5.          For the casual daily use of a pen or alongside

berth
by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
6. For the short term use of a service jetty, an amount
calculated using standard Rate 3
19 May 2023 GOVERNMENT GAZETTE, WA 1195

18.           Geraldton, Batavia Coast Boat Harbour

(1) This clause applies to the Batavia Coast Boat Harbour at
Geraldton.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a floating pen with a walkway by a vessel, an amount

calculated per metre of the pen's length using the

annual rate of 696.00

2.          For the use, other than casual daily use, of a floating alongside berth by a vessel, an amount calculated per

metre of the vessel's length using the annual rate of 696.00

3.          For the casual daily use of a pen or alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
4. For the short term use of a service jetty, an amount
calculated using standard Rate 3

19.           Green Head

(1) This clause applies to Green Head.
(2) The berthing dues payable are set out in the Table.
Berthing
Item Type of use

1.          For the casual daily use of an alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
2. For the short term use of a service jetty, an amount calculated using
standard Rate 3
1196 GOVERNMENT GAZETTE, WA 19 May 2023

20.           Hopetoun

(1) This clause applies to Hopetoun.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use

1.          For the casual daily use of an alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
2. For the short term use of a service jetty, an amount calculated using
standard Rate 3

21.           Jurien Boat Harbour

(1) This clause applies to the Jurien Boat Harbour.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen without a walkway, an amount calculated per

metre of the pen's length using the annual rate of 487.20
2.
For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of 556.80

3.          For the casual daily use of a pen or alongside

berth
by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
4. For the short term use of a service jetty, an amount
calculated using standard Rate 3
19 May 2023 GOVERNMENT GAZETTE, WA 1197

22.           Kalbarri Boat Harbour

(1) This clause applies to the Kalbarri Boat Harbour.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen with a walkway, an amount calculated per metre

of the pen's length using the annual rate of 505.55
2.
For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of 505.55

3.          For the casual daily use of a pen or alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
4. For the short term use of a service jetty, an amount
calculated using standard Rate 3

23.           Lancelin

(1) This clause applies to Lancelin.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use

For the casual daily use of an alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
2. For the short term use of a service jetty, an amount calculated using
standard Rate 3
1198 GOVERNMENT GAZETTE, WA 19 May 2023

24.          Leeman

(1) This clause applies to Leeman.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use

1.           For the casual daily use of an alongside berth

by a commercial vessel, an amount calculated using standard

Rate 1

by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
2. For the short term use of a service jetty, an amount calculated
using standard Rate 3

25.           Onslow, Beadon Creek Boat Harbour

(1) This clause applies to the Beadon Creek Boat Harbour at
Onslow.
(2) In this clause a reference to a service vessel is a reference to
any vessel other than a recreational vessel, Government
vessel, tourism vessel or fishing vessel.
(3) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

For the use, other than casual daily use, of a pile mooring by a recreational vessel, Government vessel, tourism vessel or fishing vessel, an amount

calculated per metre of the vessel's length using the
annual rate of 278.40

2.          For the use, other than casual daily use, of a pile

mooring by a service vessel, an amount calculated

per metre of the vessel's length using the annual rate

of 487.20

3.          For the casual daily use of an alongside berth or pile mooring

by a Government vessel, tourism vessel or fishing vessel, an amount calculated using standard Rate 1

by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
19 May 2023 GOVERNMENT GAZETTE, WA 1199
Item Type of use $
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2

4.          For the short term use of a service jetty by a vessel (other than a service vessel), an amount calculated using standard Rate 3

5.          For the casual daily use of a pile mooring by a

service vessel, an amount calculated per metre of the

vessel's length using the daily rate of 11.35

6.          For the use, other than casual daily use, of a fixed alongside berth by a recreational vessel, Government vessel, tourism vessel or fishing vessel, an amount

calculated per metre of the vessel's length using the

monthly rate of 83.50

7.          For the use, other than casual daily use, of a fixed alongside berth by a recreational vessel, Government vessel, tourism vessel or fishing vessel, an amount

calculated per metre of the vessel's length using the

weekly rate of 25.05
8.
For the use of the service jetty by a service vessel, an amount calculated per metre of the vessel's length using the 6-hourly rate of 9.80

26.           Point Samson, Johns Creek Boat Harbour

(1) This clause applies to the Johns Creek Boat Harbour at Point
Samson.
(2) In this clause a reference to a service vessel is a reference to
any vessel other than a recreational vessel, Government
vessel, tourism vessel or fishing vessel.
(3) The berthing dues payable are set out in the Table.
Berthing
Item Type of use $

1.          For the use, other than casual daily use, of a fixed alongside berth at a service jetty by a recreational vessel, Government vessel, tourism vessel or fishing

vessel, an amount calculated per metre of the

vessel's length using the annual rate of 556.80

2.          For the use, other than casual daily use, of a fixed

alongside berth at a service jetty by a service vessel, an amount calculated per metre of the vessel's length using the annual rate of 765.60

3.          For the casual daily use of a berth at a service jetty by a Government vessel, tourism vessel or fishing vessel, an amount calculated using standard Rate 1

1200 GOVERNMENT GAZETTE, WA 19 May 2023
Item Type of use $

4.          For the casual daily use of a berth at a service jetty by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1

5.          For the casual daily use of a berth at a service jetty by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2

6.          For the short term use of a berth at a service jetty by a vessel (other than a service vessel), an amount calculated using standard Rate 3

7.          For the use of a berth at a service jetty by a service vessel, an amount calculated per metre of the

vessel's length using the 6-hourly rate of 9.80
(4) The charges payable under regulation 96 are set out in the
Table.

Careening pad

Item Type of use $
1. For the use of a careening pad by a vessel, an amount
per day of—
if the vessel is 15 m or less in length 234.75
if the vessel is over 15 m in length 342.70

27.           Port Denison

(1) This clause applies to Port Denison.
(2) The berthing dues payable are set out in the Table.

Berthing

Item

Type of use $

1.          For the use, other than casual daily use, of a fixed

pen with a walkway, an amount calculated per metre

of the pen's length using the annual rate of 521.40
2.
For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of 521.40

3.          For the casual daily use of an alongside berth by a commercial vessel, an amount calculated using standard Rate 1

4.           For the casual daily use of an alongside berth by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1

5.          For the casual daily use of a pen or alongside berth by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2

19 May 2023 GOVERNMENT GAZETTE, WA 1201
Item Type of use $
6. For the short term use of a service jetty by a vessel
for which neither a swing mooring fee nor charge in
item 1 has been paid, an amount calculated using
standard Rate 3

28.           Port Gregory

(1) This clause applies to Port Gregory.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use

1.          For the casual daily use of an alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
2. For the short term use of a service jetty, an amount calculated using
standard Rate 3

29. Two Rocks Marina

(1) This clause applies to the Two Rocks Marina.
(2) The berthing dues payable are set out in the Table.

Berthing

Item Type of use $

1.          For the use, other than casual daily use, of a fixed

pen with a walkway, an amount calculated per metre
of the pen's length using the annual rate of 556.80

2.          For the use, other than casual daily use, of a fixed

pen without a walkway, an amount calculated per

metre of the pen's length using the annual rate of 487.20
3.
For the use, other than casual daily use, of a floating pen with a walkway, an amount calculated per metre of the pen's length using the annual rate of 696.00
4.
For the use, other than casual daily use, of a fixed alongside berth, an amount calculated per metre of the vessel's length using the annual rate of 556.80

5.          For the use, other than casual daily use, of a floating

alongside berth, an amount calculated per metre of

the vessel's length using the annual rate of 696.00
1202 GOVERNMENT GAZETTE, WA 19 May 2023
Item Type of use $
6. For the casual daily use of a pen or alongside
berth

by a commercial vessel, an amount calculated using standard Rate 1

by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1

by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2

7. For the short term use of a service jetty, an amount
calculated using standard Rate 3
Division 3 - State-wide charges

30.           Living on vessel

(1) In this clause—
enhanced facilities means toilet, shower and laundry
facilities.
(2) The charges relating to living on a vessel in a berth, mooring
or pen at or near a jetty at a place mentioned in this
Schedule or the Port of Perth are set out in the Table.

Living on vessel

Item Service $

1.          For living on a vessel

without enhanced facilities, an amount calculated
using the monthly rate per vessel of 53.30
with enhanced facilities, an amount calculated
using the monthly rate per vessel of 162.30

31.           Electricity supply

The charges for electricity supply to a vessel in a place are set out in the Table.

Electricity supply

Item Service $

1.         For electricity supply that is -

• single phase (metered) Cost
0 3-phase (whether metered or unmetered) Cost
19 May 2023 GOVERNMENT GAZETTE, WA 1203

32.            Water supply

The charge for water supply to a vessel in a place is set out in the Table.

Water supply

Item Service $
1. For water supply (metered) Cost

33.           Rubbish removal

The charges payable under regulation 53A are set out in the
Table.

Rubbish removal

Item Service $

1.          For rubbish removal

excess quantity, or from a source other than a vessel for which charges for using the harbour have been paid, per half skip supplied and emptied Cost
waste oil from vessels in excess of 150 L Cost
waste oil drum or other container not removed by
owner, per drum or container Cost
rubbish not put in supplied bins Cost

34.           Passengers and cargo

The charges payable for the loading and unloading of passengers and cargo are set out in the Table.

Passengers and cargo

Item Service $
For the use of a pen, berth or service jetty by a cruise

liner transfer vessel to load or unload passengers an amount calculated per metre of the vessel's

length using the daily rate of 12.00
plus a charge per passenger of 4.95

2.          For the loading or unloading of general cargo from or to a vessel at a service jetty, or an appurtenant area, an

amount calculated per tonne, per cubic metre, or per

kilolitre, using the rate of 7.85
3.
If a vessel is lifted at a service jetty, or an appurtenant area, an amount calculated per metre of the vessel's length using the rate of 17.45
1204 GOVERNMENT GAZETTE, WA 19 May 2023

35.           Floating dinghy pens

The charge payable for the use of a floating dinghy pen at a place is $426.50 per vessel per year.

36.           Use of jetty hardstand or appurtenant area

The charge payable for the use of a service jetty hardstand or appurtenant area for storage or maintenance is calculated per m2 using the daily rate of $2.05.

16.          Schedule 3 amended

Delete the reference after the heading to Schedule 3 and insert:

[r. 72(2) and 78A]

17.          Schedule 3 Division 1 clause 2 amended

In Schedule 3 Division 1 clause 2:

(a) delete "commercial vessel." and insert:
commercial vessel or recreational vessel that is 25 m or more
in length.
(b) delete "recreational vessel." and insert:

recreational vessel that is less than 25 m in length.

18.          Schedule 3 Divisions 2 and 3 replaced

Delete Schedule 3 Divisions 2 and 3 and insert:

Division 2— Charges for jetties on Swan and Canning Rivers

6.             Barrack Street and Mends Street jetties

(1) This clause applies to jetties at Barrack Street and
Mends Street.
(2) The charge payable under regulation 72 for a permit to use a
jetty is set out in the Table.

Jetty permits

Item Type of use
1. For a vessel for 12 months - the higher of $5 012.55 and the result
of the following calculation -

$70.05 per passenger calculated on the vessel's passenger carrying capacity under its highest class of survey

19 May 2023 GOVERNMENT GAZETTE, WA 1205
Item Type of use

plus —

o for a vessel less than 35 m long, the higher of $9 021.60
and $501.20 per metre of the vessel's length;
o for a vessel 35 m long or more, $802.00 per metre of the
vessel's length
minus
0 $7016.80

The charge payable under regulation 78A for the removal of sullage from a vessel is $102.15 per pump out.

Subclause (3) does not apply if the charge referred to in subclause (2) has been paid in respect of the vessel.

7.              Other jetties on Swan and Canning Rivers

This clause applies to jetties on the Swan and Canning
Rivers, other than at Barrack Street or Mends Street.
(2) The charge payable under regulation 72 for a permit to use a
jetty is set out in the Table.

Jetty permits

Item Type of use
1. For short term use by a vessel, an amount calculated using standard
Rate 3

Division 3 - Charges for other places

8.             Fremantle, Challenger Boat Harbour

(1) This clause applies to the Challenger Boat Harbour at
Fremantle.
(2) The charges payable under regulation 72 for a permit to use
a pen or alongside berth are set out in the Table.

Pen and berth permits

Item Type of use $

1.      For the use of a fixed pen with a walkway, an amount

calculated per metre of the pen's length using the annual

rate of 556.80

2.       For the use of a fixed pen without a walkway, an

amount calculated per metre of the pen's length using

the annual rate of 487.20

3.      For the use of a fixed alongside berth, an amount

calculated per metre of the vessel's length using the

annual rate of 556.80
1206 GOVERNMENT GAZETTE, WA 19 May 2023
Item Type of use $

4.      For the casual daily use of a pen or alongside berth

by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2

9.             Hillarys Boat Harbour

(1) This clause applies to the Hillarys Boat Harbour.
(2) The charges payable under regulation 72 for a permit to use
a pen, alongside berth or service jetty are set out in the
Table.

Pen, berth and jetty permits

Item Type of use $

1.

For the use, other than casual daily use, of a fixed pen with a walkway, an amount calculated per metre of the pen's length using the annual rate of

556.80

2 For the use, other than casual daily use, of a floating pen
with a walkway, an amount calculated per metre of the
pen's length using the annual rate of 696.00
3. For the use, other than casual daily use, of a floating
alongside berth, an amount calculated per metre of the
vessel's length using the annual rate of 696.00

4.

For the casual daily use of a pen or an alongside berth

by a commercial vessel, an amount calculated using standard Rate 1
by a recreational vessel that is 25 m or more in
length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
5. For the short term use of a service jetty, an amount
calculated using standard Rate 3
19 May 2023 GOVERNMENT GAZETTE, WA 1207

10.           Jervoise Bay

(1) This clause applies to Jervoise Bay.
(2) The charges payable under regulation 72 for a permit to use
an alongside berth are set out in the Table.

Berth and jetty permits

Item Type of use

1.          For the casual daily use of an alongside berth

by a commercial vessel, an amount calculated using

standard Rate 1

by a recreational vessel that is 25 m or more in length, an amount calculated using standard Rate 1
by a recreational vessel that is less than 25 m in length, an amount calculated using standard Rate 2
2. For the short term use of a service jetty, an amount calculated using
standard Rate 3

19.          Various fees and charges amended

Amend the provisions listed in the Table as set out in the Table.

Table

Provision Delete Insert
r. 105L(2)(a) and (b) $145.90 $150.65
r. 105L(2)(c) $141.65 $146.25
r. 105L(2)(d) $49.30 $50.90
r. 105M(2)(a) $657.40 $678.75
r. 105M(2)(b) $424.90 $438.70
r. 105M(2)(c) $141.65 $146.25
r. 105M(2)(d) $150.15 $155.00
r. 105M(4)(a) $584.95 $603.95
r. 105M(4)(b) $424.90 $438.70
r. 105M(4)(c) $141.65 $146.25
r. 105M(4)(d) $75.20 $77.65
r. 105N(2)(a) $1 386.60 $1431.65
r. 105N(2)(b) $1036.20 $1069.90
1208 GOVERNMENT GAZETTE, WA 19 May 2023
Provision Delete Insert
r. 105N(2)(c) $141.65 $146.25
r. 105N(2)(d) $760.95 $785.70
r. 105N(4)(a) $2032.10 $2 098.15
r. 105N(4)(b) $1036.20 $1069.90
r. 105N(4)(c) $141.65 $146.25
r. 105N(4)(d) $1 140.80 $1 177.90
r. 105N(5)(a) $2679.90 $2767.00
r. 105N(5)(b) $1036.20 $1069.90
r. 105N(5)(c) $141.65 $146.25
r. 105N(5)(d) $1521.05 $1570.50
r. 1050(a) $1 525.25 $1574.80
r. 1050(b) $1 138.80 $1 175.80
r. 1050(c) $155.80 $160.85
r. 1050(d) $837.05 $864.25
r. 105P(a)and(b) $98.45 $101.65
r. 105P(c) $141.65 $146.25
r. 105P(d) $43.70 $45.10
Sch. 1 ci. 1 $8.00 $8.25
$57.00 $58.85
$91.40 $94.35
Sch. 2 ci. 1 0.062 (each 0.064
occurrence)
Sch. 3 ci. 2 $8.00 $8.25
$57.00 $58.85
$91.40 $94.35
19 May 2023 GOVERNMENT GAZETTE, WA 1209

Part 3 -Road Traffic (Vehicles)

Regulations 2014 amended

20.          Regulations amended

This Part amends the Road Traffic (Vehicles) Regulations 2014.

21.          Regulation 44 amended

In regulation 44(4):

(a) in paragraph (a) delete "$6.70; and" and insert:

$6.80; and

(b) in paragraph (b)(ii) delete "$25.70." and insert:

$25.80.

22.          Regulation 48 amended

In regulation 48(2) delete "$5.30" and insert:

$6.90

23.          Regulation 86 amended

(1) In regulation 86 insert in alphabetical order:

initial examination, in relation to a school bus or tow
truck, means an examination of the vehicle by the CEO

for the purposes of the Act, if the vehicle

(a) has not been licensed in this State; or
(b) has not been examined (other than at a first examination if a subsequent examination is required) as a school bus or tow truck in this
State; or
(c) is a tow truck taken to comply with Part 12 Division 1 under regulation 510 that has not been examined (other than at a first
examination if a subsequent examination is required) on or after 7 November 2023; or
(d) is required to be examined under a contract with the Authority (as defined in the Public Transport Authority Act 2003 section 3);
1210 GOVERNMENT GAZETTE, WA 19 May 2023

other examination, in relation to a school bus or tow

truck, means

(a)

an examination of the vehicle by the CEO for the purposes of the Act conducted for the purpose of renewing the vehicle licence; or

(b)

any other examination of the vehicle by the CEO for the purposes of the Act that is not an initial examination;

school bus has the meaning given in regulation 226.

(2) In regulation 86 in the definition of region delete "Schedule 1."
and insert:
Schedule 1;

24.          Regulation 87 amended

At the end of regulation 87 delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 150.00 119.25
Heavy vehicle (that is
not a school bus or
tow truck) examined
at an inspection
station 239.95 140.55
Heavy vehicle (that is
not a school bus or
tow truck) examined
at a place other than
an inspection station 255.30 193.10
School bus or tow
truck initial
examination 313.30 140.55
19 May 2023 GOVERNMENT GAZETTE, WA 1211
Vehicle First Subsequent
examination examination
($) ($)

School bus or tow

truck other
examination 266.00 140.55
All other vehicles 187.90 124.00

25.          Regulation 88 amended

In regulation 88 delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 152.75 121.30
Heavy vehicle (that is
not a school bus or
tow truck) 244.80 143.10
School bus or tow
truck initial
examination 319.85 143.10
School bus or tow
truck other
examination 271.45 143.10
All other vehicles 191.55 126.20
1212 GOVERNMENT GAZETTE, WA 19 May 2023

26.          Regulation 89 amended

In regulation 89 delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 154.45 122.60
Heavy vehicle (that is
not a school bus or
tow truck) 247.75 144.65
School bus or tow
truck initial
examination 323.80 144.65
School bus or tow
truck other
examination 274.75 144.65
All other vehicles 193.75 127.50

27.          Regulation 90 amended

In regulation 90 delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 150.95 119.95
Heavy vehicle (that is
not a school bus or
tow truck) 241.65 141.45
School bus or tow
truck initial
examination 315.55 141.45
19 May 2023 GOVERNMENT GAZETTE, WA 1213
Vehicle First Subsequent
examination examination
($) ($)

School bus or tow

truck other
examination 267.90 141.45
All other vehicles 189.15 124.75

28.          Regulation 91 amended

In regulation 91 delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 163.05 128.95
Heavy vehicle (that is
not a school bus or
tow truck) 262.70 152.55
School bus or tow
truck initial
examination 343.95 152.55
School bus or tow
truck other
examination 291.55 152.55
All other vehicles 205.00 134.20
1214 GOVERNMENT GAZETTE, WA 19 May 2023

29.          Regulation 92 amended

In regulation 92 delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 150.85 119.90
Heavy vehicle (that is
not a school bus or
tow truck) 241.40 141.35
School bus or tow
truck initial
examination 315.30 141.35
School bus or tow
truck other
examination 267.65 141.35
All other vehicles 189.00 124.65

30.          Regulation 92A amended

In regulation 92A delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 150.00 119.25
Heavy vehicle (that is
not a school bus or
tow truck) 239.95 140.55
School bus or tow
truck initial
examination 313.30 140.55
19 May 2023 GOVERNMENT GAZETTE, WA 1215
Vehicle First Subsequent
examination examination
($) ($)

School bus or tow

truck other
examination 266.00 140.55
All other vehicles 187.90 124.00

31.          Regulation 93 amended

In regulation 93 delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 168.00 132.65
Heavy vehicle (that is
not a school bus or
tow truck) 271.35 157.10
School bus or tow
truck initial
examination 355.60 157.10
School bus or tow
truck other
examination 301.25 157.10
All other vehicles 211.50 138.10
1216 GOVERNMENT GAZETTE, WA 19 May 2023

32.          Regulation 93A amended

In regulation 93A delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 150.00 119.25
Heavy vehicle (that is
not a school bus or
tow truck) 239.95 140.55
School bus or tow
truck initial
examination 313.30 140.55
School bus or tow
truck other
examination 266.00 140.55
All other vehicles 187.90 124.00

33.          Regulation 94 amended

In regulation 94 delete the Table and insert:

Table

Vehicle First Subsequent
examination examination
($) ($)

Trailer without brakes,

motor cycle, motor

carrier 150.60 119.70
Heavy vehicle (that is
not a school bus or
tow truck) 241.00 141.10
School bus or tow
truck initial
examination 314.70 141.10
19 May 2023 GOVERNMENT GAZETTE, WA 1217
Vehicle First Subsequent
examination examination
($) ($)

School bus or tow

truck other
examination 267.20 141.10
All other vehicles 188.70 124.45

34.          Regulation 95 amended

In regulation 95(1) delete the Table and insert:

Table

Place of examination Fee ($)

Place other than a region mentioned in this

Division 133.45
Gascoyne region 135.85
Goldfields-Esperance region 137.30
Great Southern region 134.30
Kimberley region 144.70
Mid West region 134.20
Peel region 133.45
Pilbara region 148.95
South West region 133.45
Wheatbelt region 133.95

35.          Regulation 100 amended

In regulation 100 delete "$19.40" and insert:

$20.40

1218 GOVERNMENT GAZETTE, WA 19 May 2023

36.          Regulation 107 amended

In regulation 107 delete "$30.50." and insert:

$31.10.

37.          Regulation 112 amended

In regulation 112:

(a) in paragraph (a) delete "$30.50;" and insert:

$31.10;

(b) in paragraph (b) delete "$30.00;" and insert:

$31.10;

(c) in paragraph (ba) delete "$18.50;" and insert:

$18.90;

(d) in paragraphs (bb) and (be) delete "$19.60;" and insert:

$18.90;

(e) in paragraph (d) delete "$44.50;" and insert:

$46.50;

(f) in paragraphs (da) and (db) delete "$35.20;" and insert:
$46.50;
(g) in paragraph (g)(i) delete "$256.50;" and insert:

$264.20;

(h) in paragraph (g)(ii) delete "$126.70." and insert:

$130.50.

19 May 2023 GOVERNMENT GAZETTE, WA 1219

38.          Regulation 114 amended

In regulation 114(1) and (2) delete "$19.20," and insert:

$19.70,

39.          Regulation 130 amended

(1) In regulation 130(1):
(a) in paragraph (a) delete "$11326.00;" and insert:

$11 665.70;

(b) in paragraph (b) delete "$2 266.20;" and insert:

$2 334.20;

(c) in paragraph (c) delete "$1127.70;" and insert:

$1 161.50;

(d) in paragraph (d) delete "$225.10;" and insert:

$231.80;

(e) in paragraph (e) delete "$2 266.20;" and insert:

$2 334.20;

(f) in paragraph (f) delete "$98.20." and insert:
$101.10.
(2) In regulation 130(2) delete "$565.40." and insert:
$582.40.
(3) In regulation 130(3):
(a) in paragraph (a) delete "$22.90; or" and insert:

$23.50; or

1220 GOVERNMENT GAZETTE, WA 19 May 2023
(b) in paragraph (b) delete "$22.90." and insert:

$23.50.

40. Regulation 134 amended

(1) In regulation 134(1)(b) delete "$27.30" and insert:
$28.00
(2) In regulation 134(3) delete "$44.80" and insert:
$45.80

41.         Regulation 235 amended

In regulation 235(4) delete "$73.80." and insert:

$74.20.

42.         Regulation 468 amended

In regulation 468(1) delete "$53.40." and insert:

$54.60.

B. D'SA, Clerk of the Executive Council.

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