Transport Regulations Amendment (Marine Safety Equipment) Regulations 2024 (WA)

Western Australia

Jetties Act 1926 Shipping and Pilotage Act 1967 Western Australian Marine Act 1982

Transport Regulations Amendment (Marine Safety Equipment) Regulations 2024

Western Australia

Transport Regulations Amendment (Marine Safety Equipment) Regulations 2024 Contents Jetties Act 1926 Shipping and Pilotage Act 1967 Western Australian Marine Act 1982

Jetties Act 1926 Shipping and Pilotage Act 1967 Western Australian Marine Act 1982

Transport Regulations Amendment (Marine Safety Equipment) Regulations 2024

Made by the Governor in Executive Council.

Part 1 – Preliminary1.Citation

These regulations are the Transport Regulations Amendment (Marine Safety Equipment) Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  Part 1 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on 30 September 2024.

Part 2 – Navigable Waters Regulations 1958 amended3.Regulations amended

This Part amends the Navigable Waters Regulations 1958.

4.Regulation 2 amended

• (1)

  In regulation 2 delete “In these regulations, subject to the context — ” and insert:

   
• (1)

  In these regulations —

   
• (2)

  In regulation 2 delete the definitions of:

authorised person

department

inspector

non‑registrable vessel

officer of the department

owner

personal watercraft

registrable vessel

territorial sea

• (3)

  In regulation 2 insert in alphabetical order:

   

registrable vessel —

• (a)

  means a pleasure vessel that is fitted with, or has a fitting for, a motor, including, for example, a pleasure vessel that is ordinarily propelled by sail only but is fitted with, or has a fitting for, a motor; but

• (b)

  does not include a tender;

tender means an auxiliary vessel that is —

• (a)

  not more than 3.1 m in length; and

• (b)

  propelled by motored power not exceeding 3.73 kW; and

• (c)

  marked with the registration number of its parent vessel in black numerals not less than 50 mm in height and 12 mm in width with a white surround not less than 7 mm immediately forward of the transom on each side of the vessel; and

• (d)

  used for either or both of the following purposes, and for no other purpose —

• (i)

  as a life boat;

• (ii)

  as a means of transportation between the parent vessel and the shore.

   
• (4)

  At the end of regulation 2 insert:

   
• (2)

  For the purposes of the definition of vessel in the Western Australian Marine Act 1982 section 3(1) —

  • (a)

    a class of thing specified in Schedule 2 Division 1 is a vessel; and

  • (b)

    a class of thing specified in Schedule 2 Division 2 is not a vessel.

• (3)

  If a term used in these regulations is given a meaning in the Western Australian Marine Act 1982, it has the same meaning in these regulations, unless the contrary intention appears.

   

5.Regulation 3 amended

In regulation 3(2) delete “regulation and except where otherwise expressly provided, the provisions of regulations 51C and 52B to 52D, inclusive apply” and insert:

regulation, regulation 51C applies

6.Regulation 4 replaced

Delete regulation 4 insert:

4. Application of Part

This Part applies to —

• (a)

  a vessel being a vessel referred to in any of the Acts or to the owner, master or person in charge of the vessel, as the case may be; and

• (b)

  persons in or on navigable waters.

   

7.Regulation 8 amended

In regulation 8(b):

• (a)

  delete “department” (1st and 2nd occurrences) and insert:

   

Department

 

• (b)

  delete “department” (last occurrence) and insert:

   

State

  8.Regulation 18A amended

Delete regulation 18A(1).

9.Regulation 19G deleted

Delete regulation 19G.

10.Regulation 26 amended

In regulation 26(f):

• (a)

  delete “department” (1st occurrence) and insert:

   

Department

 

• (b)

  delete “department” (2nd occurrence) and insert:

   

State

  11.Regulation 30 amended

In regulation 30(b):

• (a)

  delete “department” (1st occurrence) and insert:

   

Department

 

• (b)

  delete “department” (2nd occurrence) and insert:

   

State

  12.Regulation 35 amended

In regulation 35(a) and (b) delete “department” (1st occurrence) and insert:

Department

13.Regulation 38 replaced

Delete regulation 38 and insert:

38. Vessels to be moored, berthed or removed as directed

• (1)

  If directed to do so by an officer of the Department, the owner, master or person in charge of a vessel must moor or berth the vessel in a place and in a manner as directed.

• (2)

  If directed to do so by an officer of the Department, the owner, master or person in charge of a vessel must remove the vessel or its mooring, or both, in accordance with the direction.

• (3)

  If the owner, master or person in charge of a vessel fails to remove a vessel or its mooring as required by subregulation (2) —

  • (a)

    an officer may move or cause to be moved the vessel or mooring or both; and

  • (b)

    the cost of moving the vessel or its mooring or both is recoverable from the owner, master or person in charge of the vessel in a court of competent jurisdiction as a debt due to the State.

• (4)

  Subregulation 3(b) does not limit regulation 40.

• (5)

  An officer of the Department may, without the knowledge or consent of the owner, master or person in charge of a vessel, move or cause to be moved the vessel or its mooring or both if the officer considers that it is necessary to do so.

   

14.Regulation 42 amended

• (1)

  In regulation 42(b) delete “owner” and insert:

   

owner, master or person in charge

• (2)

  In regulation 42(c) delete “department.” and insert:

   

Department.

15.Regulation 43 amended

In regulation 43(d):

• (a)

  delete “department” (1st and 2nd occurrences) and insert:

   

Department

 

• (b)

  delete “department” (last occurrence) and insert:

   

State

  16.Part 5A heading replaced

Delete the heading to Part 5A and insert:

Part 5A — Registration of registrable vessels

17.Regulation 45A amended

• (1)

  In regulation 45A(2) delete the definition of tender.

• (2)

  Delete regulation 45A(3).

Note: The heading to amended regulation 45A is to read:

Terms used

18.Part 6 heading replaced

Delete the heading to Part 6 and insert:

Part 6 — Recreational skipper’s tickets, equipment and safety requirements

19.Regulation 46 amended

• (1)

  Delete regulation 46(1).

• (2)

  In regulation 46(2) delete the definitions of:

PFD Type 1

PFD Type 2

PFD Type 3

recreational paddle craft

sailboard

sailboard riding

• (3)

  In regulation 46(2) insert in alphabetical order:

   

non‑registrable vessel —

• (a)

  means a pleasure vessel that is not a registrable vessel within the meaning of paragraph (a) of the definition of registrable vessel in regulation 2(1); and

• (b)

  includes a tender;

paddle craft —

• (a)

  means a vessel that is propelled by a paddle or by the movements of a person operating the paddle craft, including, for example, a canoe, a kayak (sit‑in or sit‑on‑top) and a surfski; but

• (b)

  does not include a stand-up paddle board;

sailboard means a vessel that is principally propelled by wind, including, for example, a board that is used for kiteboarding, kitefoiling, windfoiling, windsurfing, wingboarding, wingfoiling, winging, wingsailing or wingsurfing;

sailboard riding includes kiteboarding, kitefoiling windfoiling, windsurfing, wingboarding, wingfoiling or similar use of a sailboard for the purpose of engaging in a water-related recreational activity;

20.Regulation 47 amended

• (1)

  In regulation 47(1) in the definition of CEO delete “officer of the department;” and insert:

   

officer;

• (2)

  In regulation 47(1) after the definition of foreign skipper’s ticket delete the note.

21.Regulation 47A amended

In regulation 47A(6) delete “owner” and insert:

owner, master or person in charge

22.Regulation 47H amended

In regulation 47H(1) delete “section 98 of the Western Australian Marine Act 1982).” and insert:

the Western Australian Marine Act 1982 section 3(1)).

23.Part 6 Division 3 heading inserted

After regulation 47I insert:

Division 3 — General regulations for motor boats, speed boats and personal watercraft

24.Regulation 48A amended

In regulation 48A(1)(b) delete “of which the owners have been granted permission to race” and insert:

for which permission to race has been granted

25.Regulation 49M amended

Delete regulation 49M(c)(vii), (viii) and (ix).

26.Regulation 50B amended

• (1)

  In regulation 50B(1) in the definition of open area before “vessel,” insert:

   

pleasure

• (2)

  In regulation 50B(2):

  • (a)

    before “vessel” (1st occurrence) insert:

     

  pleasure

   
  • (b)

    delete “being navigated”.

• (3)

  In regulation 50B(3):

  • (a)

    before “vessel” (1st occurrence) insert:

     

  pleasure

   
  • (b)

    delete “being navigated”.

• (4)

  In regulation 50B(4) delete “being navigated”.

• (5)

  In regulation 50B(6), (7) and (9) delete “or person in charge”.

27.Regulation 51C amended

Delete regulation 51C(2).

28.Regulation 52A amended

• (1)

  In regulation 52A(2) delete “of a registrable vessel must ensure that the vessel, while being navigated,” and insert:

   

or master of a registrable vessel must ensure that the vessel

• (2)

  In regulation 52A(3) delete “of a non‑registrable vessel must ensure that the vessel, while being navigated” and insert:

   

or master of a non‑registrable vessel must ensure that the vessel, while

• (3)

  In regulation 52A(5) after “owner” insert:

   

or master

Note: The heading to amended regulation 52A is to read:

Pleasure vessels to be equipped with lifejackets

29.Regulation 52B amended

• (1)

  In regulation 52B(1) delete “of a vessel must ensure that the vessel, while being navigated” and insert:

   

or master of a pleasure vessel must ensure that the vessel, while

• (2)

  In regulation 52B(3) after “owner” insert:

   

or master

Note: The heading to amended regulation 52B is to read:

Pleasure vessels to be equipped with certain distress signals

30.Regulation 52BAA amended

In regulation 52BAA(1) and (3) after “owner” insert:

or master

Note: The heading to amended regulation 52BAA is to read:

Registrable vessels to be equipped with marine transceiver

31.Regulation 52BAB amended

• (1)

  In regulation 52BAB delete “The owner of a” and insert:

   
• (1)

  The owner or master of a pleasure

   
• (2)

  At the end of regulation 52BAB insert:

   
• (2)

  An owner or master who contravenes this regulation commits an offence.

   

Note: The heading to amended regulation 52BAB is to read:

Pleasure vessels to carry locator beacons

32.Regulations 52BAC and 52BAD deleted

Delete regulations 52BAC and 52BAD.

33.Regulations 52CA and 52D deleted

Delete regulations 52CA and 52D.

34.Regulation 52G amended

• (1)

  In regulation 52G(1) delete “owner” and insert:

   

master

• (2)

  In regulation 52G(2) delete “An owner” and insert:

   

A master

35.Regulation 52H amended

In regulation 52H delete “person in charge” and insert:

master

36.Regulation 53 amended

Delete regulation 53(2), (3) and (4).

37.Regulation 68 amended

In regulation 68 delete “the person causing, permitting or suffering the vessel to be navigated” and insert:

master of the vessel

Note: The heading to amended regulation 68 is to read:

Duty of owner or master

38.Regulation 72 amended

In regulation 72(1) in the definition of CEO delete “officer of the department.” and insert:

officer.

39.Schedule 1 amended

• (1)

  Delete the reference after the heading to Schedule 1 and insert:

   

[r. 69 and 70]

• (2)

  Delete Schedule 1 Forms 1 to 3.

40.Schedule 2 inserted

After Schedule 1 insert:

Schedule 2 — Classes of things that are and are not vessels

[r. 2(2)]

Division 1 — Classes of things that are vessels

Item

Classes of things that are vessels

1.

Boats, including the following —

(a)   dinghies;

(b)   aluminium boats (tinnies);

(c)   inflatable boats;

(d)   hydrofoil boats;

(e)   jet boats;

(f)   mini jet boats.

2.

Personal watercraft, including the following —

(a)   personal watercraft with an aerial device attached;

(b)   personal watercraft with a docking hull attached;

(c)   personal watercraft that have been modified, such as jet karts.

3.

Docking hulls that are not attached to a personal watercraft

4.

Paddle craft, including the following —

(a)   canoes;

(b)   dragon boats;

(c)   kayaks (sit‑in or sit‑on‑top);

(d)   surfskis.

5.

Sailboards

6.

Electric hydrofoil boards with a motor that has a power output of more than 4.5 kW

7.

Personal towing devices

8.

A class of thing in Division 2 items 1 to 3 that is fitted with a motor that has a power output of more than 4.5 kW

Division 2 — Classes of things that are not vessels

Item

Classes of things that are not vessels

1.

Stand‑up paddle boards

2.

Surfboards

3.

Body boards

4.

Paddle boats

5.

Underwater propulsion devices

6.

Towed recreational equipment or aquatic toys, including any of the following —

(a)   inner tubes;

(b)   aquaplanes;

(c)   waterskis.

41.Various references to “department” amended

In the provisions listed in the Table delete “department” (each occurrence) and insert:

Department

Table

r. 5(a) to (d)	r. 6A
r. 7(b)	r. 8(a)
r. 9(a)	r. 10A
r. 11	r. 19B
r. 19F(1)	r. 25(a) and (d)
r. 26(c)	r. 27
r. 28(a)	r. 29(a)
r. 32(a) and (c)	r. 39
r. 43(a), (c) and (e)	r. 44(b) and (c)
r. 45A(2) def. of owner	r. 45B(1)(a), (2), (2a), (3), (3a)(a), (5a) and (6)
r. 45BAA(1) def. of proposed departure date	r. 45BAA(2), (3), (4), (5), (7) and (8)
r. 45BA(1), (2), (3), (5)(a), (6) and (6a)	r. 45C(1) and (2)
r. 45D(1)(a) and (b), (2) and (3)	r. 45E(1)(b), (2)(a) and (b), (2a), (3), (4), (5) and (6)
r. 48(a)	r. 49M(a) and (d)
r. 50B(5) and (7)	r. 51
r. 52BA(3)	r. 52E(c)
r. 52H

Part 3 – Mooring Regulations 1998 amended42.Regulations amended

This Part amends the Mooring Regulations 1998.

43.Regulation 2 amended

In regulation 2 in the definition of tender delete “45A(2);” and insert:

2(1);

Part 4 – Shipping and Pilotage (Mooring Control Areas) Regulations 1983 amended44.Regulations amended

This Part amends the Shipping and Pilotage (Mooring Control Areas) Regulations 1983.

45.Regulation 16 amended

In regulation 16(3)(b) delete “45A(3),” and insert:

2(1),

Part 5 – Western Australian Marine (Infringements) Regulations 1985 amended46.Regulations amended

This Part amends the Western Australian Marine (Infringements) Regulations 1985.

47.Regulation 3A deleted

Delete regulation 3A.

48.Schedule 1 amended

• (1)

  In Schedule 1 item 23H delete “Owner allowing” and insert:

   

Allowing

• (2)

  In Schedule 1 items 38E and 38F delete “or person in charge”.

• (3)

  In Schedule 1 item 42 delete “being navigated”.

• (4)

  In Schedule 1 item 42A delete “being navigated” and insert:

   

while

• (5)

  In Schedule 1 item 43 delete “vessel being navigated” and insert:

   

pleasure vessel while

• (6)

  In Schedule 1 item 43A delete “being navigated” and insert:

   

that proceeds

• (7)

  In Schedule 1 item 43B delete “vessel being navigated” and insert:

   

pleasure vessel that is

V. MOLAN, Clerk of the Executive Council