Transport Regulations Amendment (Mooring Management) Regulations 2021 (WA)
13 August 2021 GOVERNMENT GAZETTE, WA 3475 MARINE/MARITIME
MA301
Shipping and Pilotage Act 1967
Western Australian Marine Act 1982
Transport Regulations Amendment (Mooring
Management) Regulations 2021
SL 2021/147
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Transport Regulations Amendment
(Mooring Management) Regulations 2021.2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on 28 September 2021. Part 2 — Mooring Regulations 1998 amended
3. Regulations amended
This Part amends the Mooring Regulations 1998.
4. Regulation 2 amended
(1) In regulation 2 delete the definitions of: approved
Director General
mooring control area
overall length(2) In regulation 2 insert in alphabetical order: Act means the Western Australian Marine Act 1982;
approved means approved by the CEO;
CEO means the chief executive officer;
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commercial general mooring site means a mooring
site designated under regulation 7B(1)(e);
commercial resources mooring site means a mooring
site designated under regulation 7B(1)(f);
courtesy mooring site means a mooring site designated
under regulation 7B(1)(d);
emergency mooring site means a mooring site
designated under regulation 7B(1)(c);
maximum vessel length, for a mooring site, means the
approved maximum length that a vessel may have touse the mooring site;
mooring control area means a mooring control area
declared under the Shipping and Pilotage Act 1967
section 10(2) to which these regulations apply underregulation 3;
mooring site means the waters in a mooring control
area —
(a)
in respect of which a mooring licence is granted; or
(b)
in respect of which the CEO has designated an emergency mooring site, a courtesy mooring site or a rental mooring site;
pleasure vessel has the meaning given in section 98(1)
of the Act;
recreational mooring site means a mooring site
designated under regulation 7B(1)(a);
rental mooring site means a mooring site designated
under regulation 7B(1)(b);
shared-use recreational mooring site means a
recreational mooring site to which regulation 7C(3)applies;
tender has the meaning given in the Navigable Waters
Regulations 1958 regulation 45A(2);
(3) In regulation 2 in the definition of additional vessel delete “under regulation 26;” and insert: site under regulation 26(1); (4) In regulation 2 in the definition of length before paragraph (a)
insert:
(aa) in the case of a vessel that has a certificate of
survey in which the length of the vessel isspecified — the length so specified; and
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(5) In regulation 2 in the definition of mooring licence paragraph (a) delete “Western Australian Marine Act 1982” and insert: Act (6) In regulation 2 in the definition of register delete “regulation 8;” and insert: regulation 9; 5. Regulation 3 replaced
Delete regulation 3 and insert:
3. Application
(1) Subject to subregulation (2), these regulations apply to
each mooring control area specified in Schedule 1
Division 1.(2) These regulations do not apply to an area within a
mooring control area specified in Schedule 1
Division 1 if the area is identified as an excluded area
on a plan in Schedule 2.(3) The CEO must publish on the Department’s website Delete the heading to Part 2 and insert: plans of each mooring control area specified in area identified as an excluded area. 6. Part 2 heading replaced
Part 2 — Moorings and mooring sites in
mooring control areas
Division 1 — Installation, removal and use of moorings
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7. Regulation 4 replaced
Delete regulation 4 and insert:
4. Installation of moorings
(1) A person must not install a mooring in a mooring
control area without the written permission of the CEO.Penalty for this subregulation: a fine of $2 000. (2) Subregulation (1) does not apply to the CEO. 8. Regulation 5 amended
(1) In regulation 5(1):
(a) delete the passage that begins with “If a mooring —” and ends with “the State,” and insert:
If a mooring is installed contrary to regulation 4, the
CEO may by written notice —
(a) given to the owner of the mooring; or (b) if the identity or whereabouts, or both, of the owner cannot be ascertained after reasonable inquiry — published once in a newspaper
circulating throughout the State,
(b) delete “of service or publication of the notice)” and insert: the notice is given or published)
(2) Delete regulation 5(2) and (3) and insert:
(2) If the owner of the mooring fails to comply with a
notice under subregulation (1), the CEO may disposeof the mooring by —
(a) removing the mooring; and (b) storing or destroying the mooring.
(3) The CEO is not liable for any loss suffered by the
owner of the mooring because of action taken by the
CEO under subregulation (2), and any costs incurred intaking that action may be recovered by the CEO —
(a)
as a debt due to the State in a court of competent jurisdiction; or
(b) by the sale of the mooring.
13 August 2021 GOVERNMENT GAZETTE, WA 3479 9. Regulations 6, 6A and 7 replaced
Delete regulations 6, 6A and 7 and insert:
6. Use of moorings
(1) A person must not cause or permit a vessel to be
secured to a mooring on a mooring site unless the
vessel is authorised for the purposes of
subregulation (2).Penalty for this subregulation: a fine of $1 000. (2) A vessel is authorised for the purposes of this subregulation —
(a) if the vessel is authorised to use the mooring site under Division 2 or under regulation 24 or 26 or, subject to paragraph (b), is a tender of a vessel so authorised; and (b) for a tender of a vessel referred to in paragraph (a) that uses the mooring site under the authority of a mooring licence or another form of authorisation — if the tender’s use of
the mooring site complies with the conditions
of the licence or authorisation.
(3) Subject to subregulation (5), a person must not cause or
permit a vessel for which an identification sticker has
been issued under these regulations to be secured to a
mooring on a mooring site unless the vessel exhibits
the identification sticker so that it is clearly visible
from the exterior of the vessel.Penalty for this subregulation: a fine of $1 000. (4) In subregulation (3) — identification sticker means the adhesive sticker
referred to in regulation 7D(4)(a), 24(3) or 28(1)(c).(5) Subregulation (3) does not apply to a vessel that is —
(a)
authorised under regulation 7F to use the mooring on a rental mooring site; or
(b)
authorised under regulation 7H to use the mooring on an emergency mooring site; or
(c)
authorised under regulation 7I to use the mooring on a courtesy mooring site.
(6) A vessel secured to a mooring on a mooring site is
secured at the risk of the owner of the vessel.
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7. Securing and anchoring vessels in mooring control areas
(1) In this regulation — Division 2 mooring control area means a mooring
control area specified in Schedule 1 Division 2;mooring site includes a mooring site in respect of which a mooring licence —
(a)
has previously been in force but is not currently in force; or
(b)
has been offered under regulation 11 but not yet accepted.
(2) A person must not cause or permit a vessel to be
secured or anchored in a mooring control area at a
location, or in a manner, that causes a risk of damageto —
(a) a mooring on a mooring site; or (b)
a vessel secured to a mooring on a mooring site.
Penalty for this subregulation: a fine of $1 000.
(3) A person must not cause or permit a vessel to be
secured or anchored for a period of more than 6 hours
in a Division 2 mooring control area.Penalty for this subregulation: a fine of $1 000. (4) Subregulation (3) does not apply to —
(a) a vessel that is secured to a mooring that is not an anchor; or (b) a tender that is secured to another vessel; or (c) a vessel that is secured or anchored in an emergency; or (d) a vessel on which there remains, for the whole of the period that it is secured or anchored, a person who is qualified to move the vessel.
10. Part 2 Division 2 inserted
At the end of Part 2 insert:
Division 2 — Classes of mooring sites
7A. Term used: permissible vessel length In this Division — permissible vessel length means the maximum vessel
length for a shared-use recreational mooring site, as
indicated by an approved coloured disc attached to the
mooring on the site, when used by a vessel authorised
under regulation 7C(5) or 7D(2).
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7B. Designation of mooring sites (1) The CEO may designate a mooring site as —
(a) a recreational mooring site; or (b) a rental mooring site; or (c) an emergency mooring site; or (d) a courtesy mooring site; or (e) a commercial general mooring site; or (f) a commercial resources mooring site.
(2) The CEO may exercise the power conferred under
subregulation (1) to change the designation of a
mooring site previously designated under that
subregulation.7C. Recreational mooring sites: use by licensees (1) A recreational mooring site is a mooring site for a
pleasure vessel.(2)
Subject to this regulation and regulation 7D, a mooring licensee whose mooring licence specifies a recreational mooring site has the exclusive use of the mooring on
that mooring site by —
(a) the licensed vessel for that mooring site; and (b) any additional vessel for that mooring site.
(3)
A mooring licensee whose mooring licence specifies a recreational mooring site may agree, in the application for the licence or by written notice given to the CEO at any anniversary of the grant of the licence, to allow the mooring site to be used as a shared-use recreational
mooring site. (4) A mooring licensee who agrees to allow a recreational
mooring site to be used as a shared-use recreational
mooring site may withdraw that agreement by written
notice given to the CEO at any anniversary of the grant
of the mooring licence.(5) Subject to regulation 7D, if subregulation (3) applies to
a mooring licensee, the CEO must authorise thelicensee’s licensed vessel under regulation 7D(2), without payment of the fee referred to in
regulation 7D(3)(b), to use the mooring on any other
shared-use recreational mooring site.
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(6) The authorisation of a licensed vessel under
regulation 7D(2) by the operation ofsubregulation (5) —
(a) has no effect during any period when the mooring licensee’s annual mooring licence fee
remains unpaid after the day on which payment
is required under regulation 13(2); and(b) is cancelled if the mooring licensee gives notice under subregulation (4).
(7) If a mooring licensee sells a licensed vessel (the sold
vessel) that is authorised under regulation 7D(2) by the
operation of subregulation (5), the sold vessel
continues to be authorised under those provisions until
the next anniversary of the grant of the mooring
licence.(8) If another vessel (the substituted vessel) is substituted
for the sold vessel as the licensed vessel following a
request by the mooring licensee under regulation 25(1),
the substituted vessel cannot be authorised under
regulation 7D(2) by the operation of subregulation (5)
until the payment of the annual mooring licence fee at
the next anniversary of the grant of the mooring
licence.7D. Recreational mooring sites: use of shared-use
moorings(1) In this regulation — shared-use mooring means the mooring on a
shared-use recreational mooring site.(2) Subject to subregulation (5), if the owner of a pleasure
vessel applies to the CEO in the approved form, the
CEO may, by written notice given to the applicant,
authorise the vessel to use any shared-use mooring.(3) An application under subregulation (2) —
(a) must be made by an individual who has reached 17 years of age whose principal place of residence is in the State; and (b) must be accompanied by the fee specified in Schedule 3 item 1; and (c) must provide the particulars of the vessel proposed to use any shared-use mooring, including satisfactory evidence of the vessel’s
length and ownership.
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(4)
The authorisation by the CEO under subregulation (2) (including by the operation of regulation 7C(5)), may be given subject to conditions, including conditions
relating to —
(a)
the use of an adhesive sticker designed to identify a vessel using a shared-use mooring; and
(b)
the times when a person who is qualified to move the vessel may be required to remain on a vessel using a shared-use mooring.
(5) The authorisation for a vessel to use a shared-use mooring —
(a) subject to paragraph (d) and regulation 7C(6) — is valid for the period of
12 months; and
(b) has effect only if the length of the vessel does not exceed the permissible vessel length for the mooring site; and (c) is suspended for any period during which the use of the mooring is required for —
(i) the licensed vessel for the mooring site; or
(ii) any additional vessel for the mooring site;
and
(d)
may be cancelled by the CEO if any condition to which the authorisation is subject under subregulation (4) is breached.
7E. Cancellation of shared-use authorisation (1) In this regulation — authorisation means an authorisation given by the
CEO under regulation 7D(2).(2) If the CEO proposes to cancel an authorisation, the
CEO must give the owner of the vessel that is the
subject of the authorisation written notice of the
proposal and the reasons for the proposal.(3) A notice given under subregulation (2) must state that,
within 14 days after the notice is given, the owner of
the vessel may make written representations to the
CEO concerning the proposed cancellation.
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(4) If, after considering any representations received
within the period of 14 days referred to in
subregulation (3), the CEO determines to cancel the
authorisation, the CEO must give the owner of the
vessel that was the subject of the authorisation written
notice of the cancellation.(5) The cancellation of an authorisation has effect —
(a) on the date specified in the notice, which must be later than the date the notice is given; or (b) if no date is specified in the notice — 7 days after the notice is given.
(6) The validity of a mooring licensee’s mooring licence is not affected if —
(a) the licensee’s licensed vessel is authorised under regulation 7D(2) by the operation of
regulation 7C(5); and(b)
the authorisation is cancelled by the CEO or otherwise ceases to have effect.
7F. Rental moorings sites (1) In this regulation and regulation 7G — rental period means the period determined by the CEO
under subregulation (2);specified mooring site means the rental mooring site
specified in an application under subregulation (2).(2) If a person applies to the CEO in the approved form,
the CEO may, by written notice given to the applicant,
authorise the vessel specified in the application to use
the specified mooring site for the period determined by
the CEO.(3) When determining the rental period, the CEO must
have regard to the information provided by the
applicant under subregulation (4)(d).(4) An application under subregulation (2) —
(a) must be made by an individual who has reached 17 years of age; and (b) must be accompanied by the fee specified in Schedule 3 item 2; and (c) must provide the particulars of the vessel proposed to use the specified mooring site, including satisfactory evidence of the vessel’s
length; and
(d)
must state the dates on which the period requested by the applicant as the rental period begins and ends.
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(5) The authorisation by the CEO under subregulation (2) —
(a)
may be given subject to conditions, including conditions relating to the maximum vessel length for the specified mooring site; and
(b)
may be cancelled by the CEO if any condition to which the authorisation is subject under paragraph (a) is breached.
(6) The CEO must give written notice of the cancellation
of an authorisation, including the reasons for the
cancellation, to the person who applied for the
authorisation.(7) Without limiting the Interpretation Act 1984
sections 75 and 76, the notice may be given by being
attached to the vessel that is the subject of the
authorisation.(8) The cancellation of an authorisation has effect —
(a) on the date specified in the notice, which must be later than the date the notice is given; or (b) if no date is specified in the notice — 7 days after the notice is given.
7G. Refund of rental mooring site fee (1) If the person who applied for an authorisation under
regulation 7F(2) notifies the CEO in the approved
manner before the beginning of the rental period that
the person no longer requires the use of the specifiedmooring site, the CEO —
(a)
may determine and retain a reasonable amount of the fee paid under regulation 7F(4)(b) as a cancellation fee; and
(b)
must refund to the person the balance of that fee.
(2) The reasonable amount referred to in subregulation (1)(a) —
(a)
may vary according to the circumstances in which the applicant notifies the CEO under subregulation (1), including how long before
the beginning of the rental period the
notification is given; and(b)
must not exceed 50% of the relevant fee paid by the applicant.
(3)
The CEO may refund all of the relevant fee paid by the applicant if the CEO determines that it is appropriate to do so in the circumstances.
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7H. Emergency mooring sites (1) The mooring on an emergency mooring site may be used by a vessel without charge —
(a)
for the period during which the vessel is experiencing an emergency; or
(b) for any longer approved period.
(2) Within 24 hours after a vessel is secured to the
mooring on an emergency mooring site, the person in
charge of the vessel must notify the CEO in the
approved manner of the vessel having been so secured.Penalty for this subregulation: a fine of $1 000. (3)
The person in charge of a vessel must not, without the approval of the CEO, cause or permit the vessel to be secured to the mooring on an emergency mooring site
if —
(a) the vessel is not experiencing an emergency; or (b)
the emergency that the vessel was experiencing has ended; or
(c)
the length of the vessel exceeds the maximum vessel length for the mooring site, as marked on the buoy that forms part of that mooring.
Penalty for this subregulation: a fine of $1 000.
7I. Courtesy mooring sites (1) The mooring on a courtesy mooring site may be used by a vessel without charge —
(a)
for the period marked on the buoy that forms part of that mooring; or
(b) for any longer approved period.
(2)
The person in charge of a vessel must not cause or permit the vessel to be secured to the mooring on a courtesy mooring site for a period that is greater than
the period referred to in subregulation (1)(a) or (b), as
the case requires.Penalty for this subregulation: a fine of $1 000. (3)
The person in charge of a vessel must not, without the approval of the CEO, cause or permit the vessel to be secured to the mooring on a courtesy mooring site if
the length of the vessel exceeds the maximum vessel
length for the mooring site, as marked on the buoy that
forms part of that mooring.Penalty for this subregulation: a fine of $1 000.
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7J. Damage to moorings on certain mooring sites (1) In this regulation — applicant means the person who applied to the CEO
under regulation 7F(2);rental period has the meaning given in
regulation 7F(1).(2) Subregulation (4) applies if —
(a)
the mooring on a rental mooring site is damaged or destroyed during the rental period; or
(b)
the mooring on an emergency mooring site is damaged or destroyed by a vessel using the mooring under regulation 7H; or
(c)
the mooring on a courtesy mooring site is damaged or destroyed by a vessel using the mooring under regulation 7I.
(3) For the purposes of subregulation (2)(a), the mooring
on a rental mooring site is taken to have been damagedor destroyed during the rental period if —
(a)
at the end of the rental period, the mooring is damaged or destroyed; and
(b)
the applicant did not report the damage or destruction to the CEO at the beginning of the rental period.
(4) The CEO may recover the cost of the repair or
replacement of the mooring (the damage) as a debt dueto the State in a court of competent jurisdiction from —
(a) if subregulation (2)(a) applies, the applicant or the person referred to in subregulation (5)(a), as the case requires; or (b) if subregulation (2)(b) or (c) applies — (i) the person in charge of the vessel at the time the damage occurred; or
(ii) the owner of the vessel that caused the damage if, after reasonable inquiry, the identity or whereabouts of the person
referred to in subparagraph (i) cannot be
ascertained.
(5) Subregulation (4)(a) does not apply to the applicant if the applicant satisfies the CEO that —
(a)
the damage was caused by the act or omission of another person identified by the applicant; and
(b)
the applicant could not have prevented the damage by the exercise of reasonable care.
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7K. Commercial general mooring sites (1) A commercial general mooring site is a mooring site
for a commercial vessel other than a commercial vessel
of the kind referred to in regulation 7L(1)(a).(2)
A mooring licensee whose mooring licence specifies a commercial general mooring site has the exclusive use
of the mooring on that mooring site by —
(a) the licensed vessel for that mooring site; and (b) any additional vessel for that mooring site.
7L. Commercial resources mooring sites (1) A commercial resources mooring site is a mooring site for —
(a) in the case of the licensed vessel for the mooring site — a commercial vessel that is
used primarily in connection with a mining industry, including an industry engaged in mining for minerals, petroleum or geothermal
energy; and
(b) in the case of an additional vessel for the mooring site — a commercial vessel.
(2) A mooring licensee whose mooring licence specifies a
commercial resources mooring site has the exclusiveuse of the mooring on that mooring site by —
(a) the licensed vessel for that mooring site; and (b) any additional vessel for that mooring site.
11. Regulations 8 and 9 replaced
Delete regulations 8 and 9 and insert:
8. Applications for mooring licence
(1) A person may apply to the Minister for a mooring
licence in relation to a vessel only if the vessel is
5 metres or more in length.(2) An application for a mooring licence —
(a) must be made in an approved form; and (b) must be made — (i) if the relevant mooring site is, or is proposed to be, a recreational mooring
site — by an individual who has
reached 17 years of age whose principal
place of residence is in the State; or
13 August 2021 GOVERNMENT GAZETTE, WA 3489 (ii) if the relevant mooring site is, or is proposed to be, a commercial general mooring site or a commercial resources
mooring site — by a body corporate or
by an individual who complies with
subparagraph (i);
and
(c) must state —
(i) the length of the vessel proposed to be authorised to use the mooring site; or
(ii) the estimated length of that vessel if it is not owned by the applicant at the time the application is made;
and
(d) if the application is made in respect of an existing mooring site — must nominate the
relevant mooring control area; and
(e) if the application is made in respect of a proposed mooring site — must nominate a
general location or area for the proposed
mooring site; and(f) must state whether that mooring site is, or is proposed to be, a recreational mooring site, a commercial general mooring site or a commercial resources mooring site; and
(g) must be accompanied by — (i) the fee listed in Schedule 3 item 3; and
any other information that the Minister consideration of the application. (ii)
(3) If the application is made by a body corporate —
(a) the information referred to in completed the application form was authorised by the body corporate to do so; and
subregulation (2)(g)(ii) may include(b) the application form must include details of at least 1 individual —
(i) who has reached 17 years of age whose principal place of residence is in the State; and
(ii) who is authorised by the body corporate to act on its behalf in relation to the mooring licence and the Department.
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9. Register of mooring licences
(1) The CEO must keep a register of the mooring licences
issued in relation to each mooring control area.(2) The register must specify for each mooring licence —
(a) the location and number of the mooring site for which the licence is granted (the relevant mooring site); and (b) if the mooring licensee is an individual — the licensee’s full name, address, telephone number and date of birth; and
(c) if the mooring licensee is a body corporate — (i) if applicable, the body corporate’s
Australian Company Number or
Australian Registered Body Number;
and(ii) the body corporate’s principal business
address and telephone number; and
(iii) the full name, address, telephone individual whose details were included in the application for the mooring licence under regulation 8(3)(b); and
(iv) details of an individual nominated by the licensee to be contacted in an
emergency, including the individual’s
full name, address and telephone
number;and
(d) the maximum vessel length for the relevant mooring site; and (e) the particulars of the licensed vessel for the relevant mooring site; and (f) the particulars of — (i) any additional vessel authorised to use the relevant mooring site; and
(ii) unless the relevant mooring site is a
commercial resources mooring site —
the owner of that vessel.
(3) The CEO must, on the written request of a mooring
licensee, provide the licensee with a copy of the
particulars specified in the register in respect of thelicensee’s mooring licence.
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(4) The CEO must —
(a) keep a record of the number of every registered mooring site, and the name of the mooring licensee authorised to use the mooring site, at an office of the Department specified on the Department’s website; and
(b)
make the record available for inspection by the public, free of charge, during office hours.
(5) A person who inspects the record kept under
subregulation (4) must not copy, photograph or
otherwise make a record or image of any information
in that record.Penalty for this subregulation: a fine of $500. (6) A mooring licensee must give the CEO written notice
of any alteration to the particulars referred to in
subregulation (2)(b), (c), (e) and (f) within 15 days
after the alteration occurs.Penalty for this subregulation: a fine of $500. (7) If a mooring licence is surrendered or cancelled, the
CEO must delete from the register the particulars
relating to the licence and the mooring site for which
the licence was granted.12. Regulation 10 amended
(1) In regulation 10(2)(b) delete “subject to subregulation (3),”. (2) Delete regulation 10(3) and insert:
(3) The Minister may place an applicant on a waiting list if
the application relates to a vessel that is 5 metres or
more in length.Note: The heading to amended regulation 10 is to read: Waiting lists for mooring licences may be established
13. Regulation 11 amended
(1) In regulation 11(1)(b):
(a) delete “the name of ” . (b) delete “he or she” and insert: the applicant
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(2) After regulation 11(1) insert:
(1A)
Despite the operation of subregulation (1) in relation to a waiting list, the Minister may offer a mooring licence to an applicant who is not the first applicant on the
waiting list if the Minister is satisfied that there are
special circumstances that justify the applicant being
offered the licence.(1B) The special circumstances mentioned in
subregulation (1A) are circumstances determined by
the Minister and include such circumstances that relateto —
(a) the specified vessel forming part of a deceased person’s estate; and
(b) the size of the specified vessel; and (c) the joint ownership of the specified vessel.
(3) In regulation 11(2) delete “notice to” and insert: notice offering a mooring licence to the applicant at (4) In regulation 11(4)(d) delete “is to” and insert: may 14. Regulation 12 amended
(1) Delete regulation 12(1) and insert:
(1) The Minister may grant a mooring licence —
(a)
if the Minister is notified of acceptance of an offer; and
(b)
if the applicant nominates a suitable vessel as the licensed vessel; and
(c)
if the appropriate annual mooring licence fee specified in Schedule 3 item 4, 5, 6 or 7 is paid; and
(d) where there is a mooring on the mooring site — if the Minister has received satisfactory
evidence that the applicant has acquired the
mooring or that the applicant does not intend to
acquire the mooring; and
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(e) where the applicant has acquired the mooring — if the applicant has obtained and
given to the Minister a mooring inspection report, as defined in regulation 20(1), that
certifies that the mooring complies with —
(i) the requirements specified in
regulation 20(3)(a) to (d); and(ii) any other matter that the Minister requires to be certified for the purposes of this paragraph.
(2) In regulation 12(2) delete “Director General is to” and insert: CEO must (3) In regulation 12(3):
(a) in paragraph (a) delete “evidence of ownership satisfactory” and insert: satisfactory evidence of ownership of the vessel
(b) delete paragraph (b) and insert:
(b) the length of the vessel is 5 metres or more and does not exceed, and is not significantly less than, the maximum vessel length for the mooring site; and (c) in paragraph (c) delete “site.” and insert: site in the same mooring control area.
(4) After regulation 12(3) insert:
(3A) Subregulation (3)(a) does not apply if the mooring site
is a commercial resources mooring site.(3B) The Minister may exempt a vessel from complying
with subregulation (3)(c) if the Minister considers there
are special circumstances that justify the exemption.
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(5) In regulation 12(4):
(a) in paragraph (c) after “float” insert: or buoy
(b) in paragraph (d) delete “number or other” and insert: number, an approved coloured disc or other information
or15. Regulation 13 amended
(1) Delete regulation 13(1) and (2) and insert:
(1) A mooring licensee must pay, in respect of each year,
the appropriate annual mooring licence fee specified in
Schedule 3 item 4, 5, 6 or 7.(2) The fee must be paid on or before the day that is the
anniversary of the day on which the licence was
granted.(2) In regulation 13(3):
(a) delete “fee, the Minister is to give notice in writing” and insert:
fee as required by subregulation (2), the Minister must
give written notice(b) delete “Schedule 2” and insert: Schedule 3 item 8
(c) delete “licence will” and insert: licence may
16. Regulation 13A inserted
After regulation 13 insert:
13A. Surrender of mooring licence (1) A mooring licensee may surrender the mooring licence
by giving written notice to the Minister.(2) A mooring licence cannot be surrendered if the licence
has been cancelled under regulation 14(1).
13 August 2021 GOVERNMENT GAZETTE, WA 3495
(3)
A mooring licensee who surrenders a mooring licence is entitled to a proportionate refund of the fee paid for
the licence if the Minister is satisfied that —
(a)
any mooring on the mooring site has been removed or disposed of in accordance with regulation 21; and
(b)
if it had not been surrendered, the licence would not have been cancelled under regulation 14(1).
(4) If a mooring licensee’s licensed vessel is authorised under regulation 7D(2) by the operation of regulation 7C(5), the surrender of the licensee’s mooring licence does not affect the validity of the
authorisation.(5) The Minister must give the mooring licensee written
notice of the date on which the surrender of the
mooring licence has or had effect.(6) Without limiting the Interpretation Act 1984
sections 75 and 76, subregulation (5) is complied withif the notice is sent by post to the mooring licensee’s address that is recorded in the register. 17. Regulation 14 amended
(1) In regulation 14(1):
(a) delete “served on” and insert: given to
(b) after paragraph (b) insert:
(ba)
the Minister is of the opinion that the mooring licence was obtained by deception or fraud; or
(bb) for a mooring licensee who is an individual —
the Minister is of the opinion that the licensee’sprincipal place of residence is not in the State;
or
(bc) for a mooring licensee that is a body corporate — the Minister is of the opinion that the principal place of residence of the
individual referred to in regulation 8(3)(b)(ii) as
authorised to act on behalf of the body
corporate is not in the State; or
| 3496 | GOVERNMENT GAZETTE, WA | 13 August 2021 |
(c) after paragraph (d) insert:
(da) the mooring licensee has entered into an
arrangement for another person to lease or
otherwise use the mooring site or has published
a statement to the effect that the mooring site is
available to be leased or otherwise used; or(db)
the mooring licensee has attempted to sell, or has invited an offer to purchase, the mooring licence; or
(dc) in the case of a mooring licence that specifies a recreational mooring site — the licensed vessel
is no longer a pleasure vessel; or
(dd) in the case of a mooring licence that specifies a commercial general mooring site — (i) the mooring licensee has ceased to use the licensed vessel in connection with a commercial activity; or
(ii) the licensed vessel is no longer a commercial vessel;
or
(de) in the case of a mooring licence that specifies a commercial resources mooring site —
(i) the licensed vessel primarily in
connection with a mining industry,
including an industry engaged in miningthe mooring licensee has ceased to use energy; or
(ii) the licensed vessel is no longer a commercial vessel;
or
(df) regulation 20(5) has effect; or
(2) In regulation 14(2):
(a) delete “subregulation (1)(a) or (b),” and insert: subregulation (1), except under subregulation (1)(c),
(b) after “licensee” insert: written
(3) Delete regulation 14(5) and insert:
13 August 2021 GOVERNMENT GAZETTE, WA 3497
(5) The Minister must give the mooring licensee written
notice of the cancellation of a mooring licence.(6) Without limiting the Interpretation Act 1984
sections 75 and 76, subregulation (5) is complied withif the notice is sent by post to the mooring licensee’s address that is recorded in the register. (7) The cancellation of a mooring licence has effect —
(a) on the date specified in the notice, which must be later than the date the notice is given; or (b) if no date is specified in the notice — 7 days after the notice is given.
(8) If a mooring licensee’s licensed vessel is authorised under regulation 7D(2) by the operation of regulation 7C(5), the cancellation of the licensee’s mooring licence does not affect the validity of the
authorisation.18. Regulation 14A inserted
After regulation 14 insert:
14A. Variation of mooring licence (1) The Minister may, by written notice given to the
mooring licensee, vary the terms or conditions of a
mooring licence if the Minister considers it is
necessary or desirable to do so in the interests of safety
or the better management of the relevant mooring
control area.(2) The notice given by the Minister —
(a) must specify the day on which the variation to the terms or conditions is to take effect, which must not be earlier than 14 days after the notice is given; and
(b) must include the reasons for the variation of the terms or conditions.
19. Regulation 15 amended
(1) In regulation 15(1) delete “site.” and insert: site in the same mooring control area.
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(2) In regulation 15(2)(b) delete “Schedule 2” and insert: Schedule 3 item 9 (3) Delete regulation 15(3). 20. Regulation 16 deleted
Delete regulation 16.
21. Regulation 17 amended
(1) In regulation 17(1) delete “regulations 15 and 16 — ” and insert: regulation 15 — (2) Delete regulation 17(2). 22. Regulation 18 amended
(1) In regulation 18(1) delete “Director General.” and insert: CEO. (2) In regulation 18(2):
(a) delete “Director General” and insert: CEO
(b) delete the Penalty and insert:
Penalty for this subregulation: a fine of $2 000.
(3) Delete regulation 18(4). 23. Regulations 19 and 20 replaced
Delete regulations 19 and 20 and insert:
19. Maintenance of mooring
(1) The mooring licensee must maintain any mooring on a
registered mooring site so that it is safe and fit for the
purpose of securing a vessel that does not exceed the
maximum vessel length for the mooring site.Penalty for this subregulation: a fine of $2 000.
13 August 2021 GOVERNMENT GAZETTE, WA 3499
(2) The mooring licensee must maintain any mooring on a registered mooring site in the location required by any condition imposed on the licence under regulation 12(4)(a). Penalty for this subregulation: a fine of $2 000. (3) The mooring licensee must maintain any mooring on a
registered mooring site so that the display on the
mooring of any mooring number, approved coloured
disc or other information or identification data required
by a condition imposed on the licence under
regulation 12(4)(d) is clear and visible.Penalty for this subregulation: a fine of $2 000. 20. Mooring inspection reports
(1) In this regulation — mooring inspection report means a report prepared by a mooring inspector that —
(a) is in an approved form; and (b)
certifies that a mooring on a mooring site has been inspected by the mooring inspector and complies with the requirements specified in subregulation (3);
mooring inspector means a person who has, in the
opinion of the CEO, the appropriate qualifications and
experience to carry out inspections and prepare reportsfor the purposes of this regulation.
(2)
The CEO may at any time, by written notice given to a mooring licensee, require the licensee to obtain, at the
licensee’s expense, a mooring inspection report in relation to a mooring on a registered mooring site. (3)
The mooring inspection report must state that the mooring inspector has inspected the mooring and
certifies that —
(a) it is safe and fit for the purpose of securing a vessel that does not exceed the maximum vessel length for the registered mooring site; and (b) it is in the correct location; and (c) it is appropriately numbered; and (d) if required by a condition of the mooring licence under regulation 12(4)(d) — it is
marked with an approved coloured disc; and
(e)
it complies with any other matter that the notice under subregulation (2) requires to be certified by the mooring inspector in the report.
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(4) The mooring licensee must give the mooring inspection report to the CEO within —
(a)
28 days after being given notice under subregulation (2) or, if applicable, regulation 20A(1); or
(b) any longer period allowed by the CEO.
(5) The mooring licence may be cancelled under
regulation 14(1)(df) if the mooring inspection report is
not given to the CEO within the period specified or
allowed under subregulation (4).(6) A mooring licensee must not use a mooring on a
registered mooring site, or cause or permit the mooring
to be used, if a mooring inspection report required
under subregulation (2) or regulation 20A(1) to be
obtained by the licensee in relation to that mooring has
not been given to the CEO in accordance with
subregulation (4).Penalty for this subregulation: a fine of $1 000. 20A. CEO may reject mooring inspection report (1) The CEO may, by written notice given to the mooring
licensee, reject a mooring inspection report given to the
CEO under regulation 20 and require the licensee to
obtain another mooring inspection report in accordance
with that regulation.(2) The notice given by the CEO must include the reasons
for the rejection of the mooring inspection report.(3) A mooring inspection report rejected by the CEO is
taken not to have been given to the CEO for the
purposes of regulation 20(6).24. Regulation 21 amended
(1) In regulation 21(1):
(a) delete “his or her” and insert: the person’s
(b) delete the Penalty and insert:
Penalty for this subregulation: a fine of $2 000.
(2) In regulation 21(2) delete “Director General” and insert: CEO
13 August 2021 GOVERNMENT GAZETTE, WA 3501
(3) After regulation 21(2) insert:
(2A)
If a mooring licensee that is a body corporate (a body corporate licensee) is to be wound up or is otherwise to cease operating, the licensee must give written
notice accordingly to the CEO. Penalty for this subregulation: a fine of $10 000. (2B)
A body corporate licensee that is to be wound up or is otherwise to cease operating must, in accordance with any directions given by the CEO under
subregulation (2C) —
(a) remove any mooring on the mooring site; or (b) dispose of the mooring.
Penalty for this subregulation: a fine of $10 000.
(2C) The CEO may, by written notice given to a body
corporate licensee, give the body corporate licensee
directions for the purposes of subregulation (2B).
(4) In regulation 21(3) delete “subregulation (1),” and insert: subregulation (2), or a body corporate licensee does not comply
with a direction given under subregulation (2C),25. Regulation 22 amended
Delete regulation 22(2) and (3) and insert:
(2) A mooring licensee must comply with a direction
under subregulation (1) within 7 days after being given
the direction.Penalty for this subregulation: a fine of $2 000.
(3) If the mooring licensee does not comply with a
direction under subregulation (1) within 7 days after
being given the direction, regulation 5(2) and (3) apply
as if the failure to comply with the direction were a
failure to comply with a notice under regulation 5(1).26. Regulation 23 amended
In regulation 23 delete the Penalty and insert:
Penalty: a fine of $2 000.
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27. Regulation 24 amended
(1) After regulation 24(1) insert:
(1A) Subregulation (1) does not limit —
(a) the use of a registered mooring site by a licensed vessel’s tender, if that use complies
with the conditions of the mooring licence; or
(b)
the use of a recreational mooring site, if that use is authorised under regulation 7D(2).
(2) In regulation 24(3) after “Navigable Waters Regulations 1958” insert: and is not a commercial vessel 28. Regulation 25 amended
(1) In regulation 25(2):
(a) delete “his or her” and insert: the licensee’s
(b) delete “7 days” and insert: 15 days
(c) delete the Penalty and insert:
Penalty for this subregulation: a fine of $2 000.
(2) After regulation 25(2) insert:
(2A) Subregulation (2) does not apply to a mooring licensee
whose mooring licence specifies a commercial
resources mooring site.
(3) In regulation 25(5)(b) delete “Schedule 2” and insert: Schedule 3 item 10
13 August 2021 GOVERNMENT GAZETTE, WA 3503
(4) In regulation 25(6):
(a) in paragraph (a) delete “evidence of ownership satisfactory” and insert: satisfactory evidence of ownership of the vessel
(b) in paragraph (b) delete “site; and” and insert: site in the same mooring control area; and
(c) delete paragraph (c) and insert:
(c)
the length of the vessel is 5 metres or more and does not exceed the maximum vessel length for the mooring site.
(5) After regulation 25(6) insert:
(7) Subregulation (6)(a) does not apply if the relevant
mooring site is a commercial resources mooring site.(8) The Minister may exempt a vessel from complying
with subregulation (6)(b) if the Minister considers there
are special circumstances that justify the exemption.29. Regulation 26 amended
(1) In regulation 26:
(a) delete “A” and insert: (1) A
(b) after “to use a” insert: registered
(2) At the end of regulation 26 insert:
(2) Subregulation (1) does not limit the use of a registered mooring site by an additional vessel’s tender, if that
use complies with the conditions of the mooring
licence.
Note: The heading to amended regulation 26 is to read:
Additional vessels authorised to use registered mooring site
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30. Regulation 27 amended
(1) In regulation 27:
(a) delete “An” and insert: (1) An
(b) delete paragraphs (a) and (b) and insert:
(a)
be made to the Minister in an approved form; and
(b) if the relevant mooring site is a recreational mooring site — be made by an individual —
(i) who has reached 17 years of age; and
(ii) whose principal place of residence is in the State; and
(iii) who is named on the certificate of registration as the owner of the vessel or who produces to the Minister satisfactory evidence of ownership of the vessel; and
(iv) who produces to the Minister satisfactory evidence that the vessel is a pleasure vessel;
and
(ba) if the relevant mooring site is a commercial general mooring site — be made by — (i) a body corporate that produces to the Minister satisfactory evidence of ownership of the vessel and that the vessel is a commercial vessel; or
(ii) an individual who complies with paragraph (b)(i) and (ii) and produces to the Minister satisfactory evidence of ownership of the vessel and that the vessel is a commercial vessel;
and
(bb) if the relevant mooring site is a commercial resources mooring site — be made by a body corporate that, or an individual who complies
with paragraph (b)(i) and (ii) who, produces to
the Minister satisfactory evidence that the
vessel is a commercial vessel; and
(c) in paragraph (d) before “be” insert: unless subregulation (3) applies,
13 August 2021 GOVERNMENT GAZETTE, WA 3505
(d) in paragraph (e) delete “Schedule 2.” and insert: Schedule 3 item 11.
(2) At the end of regulation 27 insert:
(2) An application to register an additional vessel cannot
be made under subregulation (1) if —
(a)
the relevant mooring licence is a recreational mooring licence; and
(b)
an additional vessel has been registered in respect of that licence; and
(c)
the particulars of that vessel have not been deleted from the register under regulation 29.
(3) An application to register an additional vessel in
respect of a commercial general mooring site can only
be made by the mooring licensee.31. Regulation 28 amended
(1) Before regulation 28(1) insert:
(1A) In this regulation — owner, of an additional vessel registered in respect of a
commercial resources mooring site, means the person
who applied to register the additional vessel.
(2) In regulation 28(1)(c) delete “Navigable Waters
Regulations 1958,” and insert:Navigable Waters Regulations 1958 and is not a commercial
vessel,(3) Delete regulation 28(2) and insert:
(2) The Minister may refuse to register an additional vessel on the ground that the length of the vessel —
(a) is less than 5 metres; or (b)
exceeds the maximum vessel length for the relevant mooring site.
(3) The Minister may impose any conditions that the
Minister thinks fit on the use of the mooring site for
which an additional vessel is registered, and the
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relevant mooring licence must be endorsed
accordingly.32. Regulation 29 replaced
Delete regulation 29 and insert:
29. Duration of registration
(1) In this regulation — nominated means nominated under
regulation 27(1)(d);owner has the meaning given in regulation 28(1A). (2) Subject to this regulation, the registration of an
additional vessel has effect from the date ofregistration —
(a) for the period during which the mooring licence of the mooring licensee who nominated the additional vessel is in force before the next annual licence fee is due; or (b) if the additional vessel is registered for a recreational mooring site — for the lesser of the
following periods —(i) the period referred to in paragraph (a);
(ii) the period of 9 months.
(3) The Minister must delete the particulars of the
additional vessel and its owner from the register at the
end of the period of registration of the vessel.(4) The Minister may delete the particulars of the additional vessel and its owner from the register if —
(a) the owner of the additional vessel makes a written request to the Minister that the registration of the vessel be cancelled; or (b) the additional vessel is sold or disposed of; or (c) the mooring licensee who nominated the additional vessel gives to the Minister written notice that the nomination is withdrawn; or (d) a condition imposed by the Minister under regulation 28(3) has been breached; or (e) the mooring licence of the mooring licensee who nominated the additional vessel ceases to be in force; or (f) in the case of an additional vessel for a recreational mooring site — the additional
vessel has ceased to be a pleasure vessel; or
13 August 2021 GOVERNMENT GAZETTE, WA 3507
(g) in the case of an additional vessel for a commercial general mooring site or a commercial resources mooring site —
(i) the additional vessel has ceased to be used in connection with a commercial activity; or
(ii) the additional vessel is no longer a commercial vessel.
(5) The Minister must not delete the particulars under
subregulation (4)(c) or (e) until written notice has been
given to the owner of the additional vessel, at the
address recorded in the register, that the particulars are
to be deleted.(6) The Minister must not delete the particulars under subregulation (4)(d), (f) or (g) until —
(a)
written notice has been given to the owner of the additional vessel, at the address recorded in the register, that the particulars are to be deleted; and
(b)
the owner has been given 14 days after the notice is given in which to make a written response to the notice.
(7) If the particulars of the additional vessel and its owner
are deleted under subregulation (3) or (4), the
registration of the vessel is cancelled.33. Part 5 replaced
Delete Part 5 and insert:
Part 5 — Prescribed offences and modified
penalties
30. Prescribed offences and modified penalties
(1)
The offences specified in Schedule 4 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)
The modified penalty specified opposite an offence in Schedule 4 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004
section 5(3).
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31. Approved officers and authorised officers
(1) In this regulation — inspector means an officer of the Department
designated as an inspector under section 117(1) of the
Act.(2) Each inspector is appointed as an authorised officer for
the purposes of the Criminal Procedure Act 2004
Part 2 in relation to infringement notices issued under
that Part for an offence prescribed under
regulation 30(1).(3) An authorised officer can show that the authorised
officer is authorised to issue infringement notices byshowing the officer’s certificate of appointment as an inspector issued under section 118(1) of the Act. (4) The CEO may, in writing, appoint a person employed
in the Department who is not an inspector to be an
approved officer for the purposes of the Criminal
Procedure Act 2004 Part 2 in relation to infringement
notices issued under that Part for an offence prescribed
under regulation 30(1).32. Forms
For the purposes of the Criminal Procedure Act 2004 Part 2, the forms set out in Schedule 5 are prescribed.
Part 6 — Transitional provisions for Transport
Regulations Amendment (Mooring Management)
Regulations 2021
Division 1 — Terms used
33. Terms used
In this Part —
amending regulations means the Transport
Regulations Amendment (Mooring Management)
Regulations 2021;
commencement day means 28 September 2021;
current mooring licence means a mooring licence that is in force immediately before the commencement day;
current registration period means the registration period that is current on the commencement day in respect of a registered owner;
excluded area means an area identified as an excluded area on a plan of a mooring control area in Schedule 2;
MCA Regulations means the Shipping and Pilotage
(Mooring Control Areas) Regulations 1983;
13 August 2021 GOVERNMENT GAZETTE, WA 3509 new regulations means these regulations as amended
by the amending regulations;
next anniversary, in relation to a current mooring
licence, means the day that is the next anniversary ofthe day on which the licence was granted;
old regulations means these regulations as in force
immediately before the commencement day;registered mooring site, in relation to a registered owner, has the same meaning as it has in the MCA Regulations;
registered owner has the meaning given in the MCA
Regulations regulation 3;
registration period has the same meaning as it has in
the MCA Regulations.
Division 2 — Mooring licences
34. Transitional provisions for mooring licences
(1) Despite the amendments made to these regulations by
the amending regulations and subject tosubregulation (2) —
(a)
a current mooring licence continues in force until the next anniversary or until it is sooner cancelled; and
(b)
the old regulations continue to apply to the current mooring licence until the next anniversary or until it is sooner cancelled.
(2) If a current mooring licence that continues in force
under subregulation (1)(a) is transferred before the next
anniversary under regulation 16 of the old regulations,
for the purposes of that transfer subregulation (3) of
that regulation is to be taken to refer to regulations 11
and 12 of the new regulations.(3) The new regulations apply, on and from the next
anniversary, to a current mooring licence that continues
in force under subregulation (1)(a) until that day asif —
(a)
the licence had been granted under regulation 12 of the new regulations; and
(b)
regulation 13(2) of the new regulations stated that the fee referred to in that subregulation was required to be paid no later than 14 days after the anniversary of the day on which the licence was granted; and
(c)
the reference in regulation 13(3) of the new regulations to the late fee specified in Schedule 3 were deleted.
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(4)
The registration of an additional vessel in respect of a current mooring licence that continues in force under subregulation (1)(a) until the next anniversary is
cancelled immediately before that day. (5)
Subregulation (3) applies to a current mooring licence that continues in force under subregulation (1)(a) until the next anniversary whether or not the licensed vessel in respect of the licence is 5 metres or more in length.
Division 3 — Transitional provisions for MCA
Regulations
35. Application of new regulations to registered owners
(1) Despite regulation 3 of the new regulations, the new
regulations do not apply in respect of a registered
owner whose registered mooring site is located in a
mooring control area specified in Schedule 1
Division 1 otherwise than in an excluded area.(2) Subregulation (1) has effect in respect of a registered
owner until the expiry of the current registration periodunless —
(a) the registration of the registered mooring site is sooner terminated under the MCA Regulations regulation 15; or (b) the registered mooring site is sooner regulation 18.
(3) At least 28 days before the expiry of the current
registration period, the Minister must offer a mooring
licence to the registered owner under regulation 11(1A)
of the new regulations.(4)
Subregulation (3) does not apply to a registered owner if subregulation (2)(a) or (b) has effect in respect of the
registered owner’s registered mooring site. (5) For the purposes of subregulation (3) —
(a) a registered owner’s current registration period that, if not for this paragraph, would expire
between 28 September and 30 October 2021
(both dates inclusive) is taken to expire at the
end of 31 October 2021; and
13 August 2021 GOVERNMENT GAZETTE, WA 3511
(b) the registered owner must provide to the Minister any information specified by the Minister by written notice given to the registered owner before the expiry of the current registration period —
(i) that an applicant under regulation 8 of the new regulations would be required to provide when making the application;
or
(ii) that is required for the purposes of the register;
and
(c) the registered owner can be, but is not required to be, the owner of the vessel that would become the licensed vessel on the grant of a mooring licence to the registered owner by the operation of this regulation; and (d) the Minister does not need to be satisfied that there are any special circumstances referred to in regulation 11(1A) of the new regulations; and
(e) regulation 11(3) and (6) of the new regulations do not apply; and (f) effect as if the reference in paragraph (b) of that
regulation 11(4) of the new regulations has and (e) were a reference to regulation 12(1)(c); and
(g)
regulation 12(1)(b), (d) and (e), (3), (3A) and (3B) of the new regulations do not apply.
(6) A mooring licence cannot be granted to a registered
owner by the operation of this regulation if the
registered owner does not provide any information
specified in a written notice under subregulation (5)(b)
within 14 days after being given the notice or any
further time that the Minister may by written notice
allow.(7) If a mooring licence is granted to a registered owner by
the operation of this regulation, the licence has effect
on and from the expiry of the current registration
period.
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(8) For the purposes of subregulation (7) —
(a) the expiry of the current registration period is subregulation (5)(a), if applicable; and
(b) if subregulation (5)(a) is applicable, the next anniversary of the grant of the mooring licence is determined as if the current registration period had not been extended by the operation of that provision. 36. Application of new regulations to moorings registered under MCA Regulations
(1) Subregulation (2) applies if a mooring licence is granted to a registered owner by the operation of regulation 35 of the new regulations. (2) The mooring registered in the name of the registered
owner under the MCA Regulations regulation 8
immediately before the expiry of the current
registration period is taken, on and from that expiry
and for the purposes of regulation 4(1) of the new
regulations, to have been installed with the written
permission of the CEO.34. Schedules 1 and 2 replaced
Delete Schedules 1 and 2 and insert:
Schedule 1 — Mooring control areas
[r. 3 and 7]
Division 1 — Mooring control areas to which these
regulations apply
Carnarvon Fascine Mooring Control Area
Oyster Harbour Mooring Control Area
Peel Mooring Control Area
Rockingham Mangles Bay Mooring Control Area
Swan and Canning Rivers Mooring Control Area
Division 2 — Mooring control area in which only temporary
anchoring is permitted
Swan and Canning Rivers Mooring Control Area
13 August 2021 GOVERNMENT GAZETTE, WA 3513 Schedule 2 — Excluded areas
[r. 3(2)]
Division 1 — Excluded area in Rockingham Mangles Bay
Mooring Control Area
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Division 2 — Excluded areas in Swan and Canning Rivers
Mooring Control Area
13 August 2021 GOVERNMENT GAZETTE, WA 3515
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13 August 2021 GOVERNMENT GAZETTE, WA 3517
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13 August 2021 GOVERNMENT GAZETTE, WA 3519
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Schedule 3 — Fees [r. 7D, 7F, 8, 12, 13, 15, 25 and 27]
Table
Item Description Fee 1. Shared-use mooring authorisation for
12 months (r. 7D(3)(b)) $105.00
2. Rental mooring site authorisation for each
day of rental period (r. 7F(4)(b)) $33.00
3. Application for mooring licence
(r. 8(2)(g)(i)) $117.00
4. Annual mooring licence for recreational mooring site (exclusive use) (r. 12(1)(c),
r. 13(1)) $656.00
13 August 2021 GOVERNMENT GAZETTE, WA 3521
Item Description Fee 5. Annual mooring licence for recreational mooring site (shared use) (r. 12(1)(c),
r. 13(1)) $338.00
6. Annual mooring licence for commercial
general mooring site (r. 12(1)(c), r. 13(1)) $845.00
7. Annual mooring licence for commercial
resources mooring site (r. 12(1)(c), r. 13(1)) $2 747.00
8. Annual mooring licence late payment
(r. 13(3)) $117.00
9. Exchange of registered mooring sites
(r. 15(2)(b)) $117.00 10.
Substitution of licensed vessel (r. 25(5)(b)) $117.00 11. Application to register additional vessel
(r. 27(1)(e)) $117.00
Schedule 4 — Prescribed offences and modified
penalties
[r. 30]
Item
Provision
Description of offence
Modified penalty
$
1. r. 4(1) Installing a mooring in mooring
control area without written
permission 400 2. r. 6(1) Causing or permitting vessel to be
secured to mooring on mooring site
without authorisation 200 3. r. 6(3) Causing or permitting vessel to be
secured to mooring on mooring site
without vessel displaying issued
identification sticker 200 4. r. 7(2) Causing or permitting vessel to be
secured or anchored in mooring
control area and causing risk of
damage 200 5.
r. 7(3)
Causing or permitting vessel to be secured or anchored for more than 6 hours in Division 2 mooring control
area 200 6. r. 7H(2) Failing to notify CEO within 24 hours
after vessel is secured to emergency
mooring site 200
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Item
Provision
Description of offence
Modified penalty
$
7. r. 7H(3) Causing or permitting vessel to be
secured to emergency mooring site if
there is no emergency, if emergencyhas ended, or if vessel’s length
exceeds maximum permitted 200 8. r. 7I(2) Causing or permitting vessel to be
secured to courtesy mooring site for
period greater than authorised 200 9.
r. 7I(3)
Causing or permitting vessel to be secured to courtesy mooring site if
vessel’s length exceeds maximum
permitted 200 10.
r. 9(5)
Copying, photographing or otherwise making record or image of registered
mooring site record 100 11. r. 9(6) Failing to give CEO written notice
within 15 days after alteration to
particulars 100 12. r. 18(2) Failing to comply with written
directions of CEO regarding installing
mooring on mooring site 400 13. r. 19(2) Failing to maintain mooring on
mooring site in location as required by
licence condition 400 14. r. 19(3) Failing to maintain mooring on
mooring site so that information or
identification data is or are displayed
as required by licence condition 200 15. r. 20(6) Using mooring on registered mooring
site without having given CEO
required mooring inspection report 200 16. r. 21(1) Failing to remove or dispose of
mooring on mooring site after
mooring licence ceases to be in force 400 17.
r. 21(2A)
Failing to give CEO notice that body corporate licensee is to be wound up
or cease operating 400 18. r. 21(2B) Body corporate licensee that is to be
wound up or cease operating failing to
remove or dispose of mooring on
mooring site 400 19. r. 22(2) Failing to comply within 7 days after
given direction by Minister as to
moving or removing mooring 400 13 August 2021 GOVERNMENT GAZETTE, WA 3523
Item
Provision
Description of offence
Modified penalty
$
20.
r. 23
Failing to maintain vessel moored on registered mooring site in seaworthy
condition 400 21.
r. 25(2)
Failing to give Minister written notice within 15 days after sale or disposal of
interest in licensed vessel 200 Schedule 5 — Forms
[r. 32]
Form 1 — Infringement notice
Shipping and Pilotage Act 1967 Infringement notice Mooring Regulations 1998 no. Infringement notice Alleged Name: Family name offender Given names
or Body corporate name ______________________________ Address ______________________________________________
Postcode
Alleged Description of offence (include details of vessel if applicable) offence __________________________________________________ Mooring Regulations 1998 r.
Date / /20 Time am/pm Modified penalty $ Officer Name issuing Signature notice Office Date
Date of notice / /20 Notice to It is alleged that you have committed the above offence. alleged If you do not want to be prosecuted in court for the offence, pay the offender modified penalty within 28 days after the date of this notice. How to pay By post: [Insert details for paying by post]
In person: [Insert details for paying in person]
Online: [Insert details for paying online]
By telephone: [Insert details for paying by telephone]
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If you do not pay the modified penalty within 28 days, you may be
prosecuted or enforcement action may be taken under the Fines,Penalties and Infringement Notices Enforcement Act 1994. Under
that Act, some or all of the following action may be taken — your
driver’s licence may be suspended, your vehicle licence may be
suspended or cancelled, you may be disqualified from holding or
obtaining a driver’s licence or vehicle licence, your vehicle may be
immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.
If you need more time to pay the modified penalty, you can apply
for an extension of time by writing to the Approved Officer at theDepartment of Transport at this address: [Insert postal address for
Approved Officer]
If you want this matter to be dealt with by prosecution in court,
sign here
____________________________________________
and post this notice to the Approved Officer at the Department ofTransport at the above postal address within 28 days after the date
of this notice.
Form 2 — Withdrawal of infringement notice
Shipping and Pilotage Act 1967 Withdrawal no. Mooring Regulations 1998 Withdrawal of infringement notice Alleged Name: Family name offender Given names
or Body corporate name _____________________________ Address ______________________________________________
Postcode
Infringement Infringement notice no. notice
Date of infringement notice / /20 Alleged Description of offence __________________________________ offence Mooring Regulations 1998 r.
Date / /20 Time am/pm Approved Name officer Signature withdrawing notice Office Date
Date of withdrawal / /20 Withdrawal The above infringement notice issued against you has been of withdrawn. infringement If you have already paid the modified penalty for the alleged notice offence you are entitled to a refund. [*delete
* Your refund is enclosed. whichever is not applicable] or
* If you have paid the modified penalty but a refund is not
enclosed, to claim your refund sign this notice and post it to
the Approved Officer at the Department of Transport at this
address: [Insert postal address for Approved Officer]
Signature / /20
13 August 2021 GOVERNMENT GAZETTE, WA 3525 Part 3 — Shipping and Pilotage (Mooring Control Areas) Regulations 1983 amended
35. Regulations amended
This Part amends the Shipping and Pilotage (Mooring Control
Areas) Regulations 1983.36. Regulation 4 amended
After regulation 4(2) insert:
(3) Subregulation (2) has effect subject to the Mooring
Regulations 1998 regulation 35.
Part 4 — Western Australian Marine (Infringements)
Regulations 1985 amended
37. Regulations amended
This Part amends the Western Australian Marine
(Infringements) Regulations 1985.38. Schedule 1 amended
In Schedule 1:
(a) delete the heading after item 97; (b) delete items 98 to 101.
V. MOLAN, Clerk of the Executive Council.
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