Proclamation of Port (WA) (CI) (02/07/1992)

Overview

The Christmas Island Act 1958 was enacted to provide for the governance and administration of Christmas Island, including its laws and regulations. The Shipping and Pilotage Act 1967 (W.A.) (C.I.) was introduced to regulate shipping and pilotage on Christmas Island, aiming to ensure safety and efficiency in maritime operations within the island's waters. This legislation was enacted by the Parliament of Western Australia, as Christmas Island falls under its jurisdiction. The policy objective of these Acts is to establish a legal framework that facilitates orderly maritime activities while ensuring the safety and effective governance of the island. In this context, the proclamation of a specific area as the Port of Christmas Island serves to formalise the regulatory oversight of shipping and pilotage within designated waters, enhancing the management and control of maritime operations in the region.

Scope and Application

The Shipping and Pilotage Act 1967 (W.A.) (C.I.), administered under the Christmas Island Act 1958, encompasses the declaration of specific geographical areas as ports within the Territory of Christmas Island. This legislative instrument, declared by Wendy Frances Fatin, the Minister of State for the Arts and Territories, designates a particular portion of water in the vicinity of Margaret Beaches as the Port of Christmas Island. The geographic coordinates defining this area are clearly outlined, beginning at the high water mark at "Low Point," extending easterly to the meridian 105 degrees 43 minutes East and northerly to the parallel of latitude 10 degrees 24 minutes South, then westerly to the meridian 105 degrees 39 minutes East, and finally southerly to the intersection of high water mark and the parallel of latitude 10 degrees 27 minutes South. This proclamation formalises the area as a port under the Shipping and Pilotage Act 1967, thereby subjecting it to the regulations and provisions stipulated within that Act.

Key Provisions

The primary provision of the Christmas Island Act 1958, as applied through the Shipping and Pilotage Act 1967 (W.A.) (C.I.), is contained within this Proclamation of Port, which officially designates a specific area of water as the Port of Christmas Island. This action, outlined in Section 10 of the Shipping and Pilotage Act 1967 (W.A.) (C.I.), is undertaken by Wendy Frances Fatin, the Minister of State for the Arts and Territories, in her capacity as the Governor under the authority granted by Section 8G of the Christmas Island Act 1958. The port is precisely defined in the accompanying Schedule, which delineates the geographical boundaries using specific coordinates and landmarks. The obligations imposed by this Act pertain to the legal recognition and management of the designated port area. This includes the application of port regulations, the enforcement of maritime laws, and the facilitation of shipping activities within the defined port limits. These obligations ensure that the port operates within a legal framework that promotes safety, efficiency, and compliance with relevant maritime standards. Violating the provisions of this Act, including unauthorised activities within the declared port area or failure to adhere to maritime laws, may result in legal consequences. The Act does not explicitly state the specific offences or penalties within the proclamation itself, but it operates under the broader legal framework of the Shipping and Pilotage Act 1967 (W.A.) (C.I.), which may include fines, imprisonment, or other civil and criminal penalties for non-compliance. The exact penalties would be determined in accordance with the relevant maritime legislation and any additional regulations that apply to the port.