Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make regulations prescribing all matters that are required or permitted by
this Act to be prescribed, or are necessary or convenient to be prescribed for
giving effect to the purposes of this Act and, in particular —
(a)
regulating or prohibiting —
(i)
the entry or remaining within the boundaries of
departmental areas or any specified part of such areas by any person or class
of persons or thing or class of things;
(ii)
the doing or omitting to do any thing or class of things
within the boundaries of departmental areas or any specified part of such
areas,
either at all times
and on all occasions or at any specified time or times or on any specified
occasion or occasions;
(b)
regulating or prohibiting the entry, movement, use, driving, parking, standing
or leaving of vehicles in or on departmental land and imposing speed
restrictions in respect of the use of vehicles on such land;
(c)
providing for the preservation of order on or in relation to departmental land
and installations vested in, acquired by, or managed by the Department
including provisions for or in respect of preventing the entry of persons to
departmental land and provisions for the removal of persons loitering,
squatting or otherwise conducting themselves in a manner likely to prejudice
the efficient and convenient use of the land or the port facilities on such
land;
(d)
regulating and making provision for all matters relating to the protection of
life and property within departmental areas;
(e)
regulating the use of departmental areas and in particular —
(i)
prohibiting the removal of soil, sand, gravel, stone,
rock or other material from or otherwise interfering with such areas without
the written permission of the Department;
(ii)
prohibiting the deposit of any matter, rubbish or litter
or the lighting of fires or endangering by other means of departmental areas
or property on such areas; or
(iii)
prohibiting the erection of any structure, post, pile,
stake, fence, mooring or any other thing placed or fixed to land or seabed
within departmental areas without the written permission of the Department;
(f)
authorising and regulating the removal by or on behalf of the Department of
any structure or other thing erected contrary to a regulation made under this
Act and providing for the recovery of the cost and expenses of such removal;
(g)
prescribing the dues and charges to be paid for services provided by the
Department and the charges to be paid for the parking of vehicles on
departmental land;
(h)
providing that contravention or failure to comply with a regulation
constitutes an offence and providing for penalties not exceeding a fine of
$500 for offences against the regulations; and
(i)
for other purposes relating to the convenience of
shipping or of the public within departmental areas and generally for the
effective administration and performance of the functions vested in the
Minister and the Department by this Act.
(2) Regulations may be
made under this section adopting —
(a)
wholly or in part;
(b) with
or without modifications; and
(c)
specifically or by reference,
any rules,
regulations, other subordinate legislation, codes, standards, or instructions
made, determined, or issued in respect of —
(d) the
safety or handling of dangerous or other goods;
(e) the
construction of buildings or other structures; or
(f) the
use of departmental areas or conduct of any activity in such areas,
by or under any other
Act or under any Act of the Parliament of the Commonwealth or the United
Kingdom or by Standards Australia, the British Standards Institution, The
Association of Australian Port and Marine Authorities, the Marine and Ports
Council of Australia or other like body specified in the regulations.
(3) Regulations may be
made under this section —
(a) so
as to apply —
(i)
generally or in a particular class of case or in
particular classes of cases;
(ii)
at all times or at a specified time or at specified
times; and
(iii)
throughout the State or in a specified part or specified
parts of the State;
(b) so
as to require a matter affected by them to be —
(i)
in accordance with a specified standard or specified
requirement; or
(ii)
as approved by, or to the satisfaction of, a specified
person or body or a specified class of person or body;
(c) so
as to confer on a specified person or body or a specified class of person or
body a discretionary authority; and
(d) so
as to provide that, in specified cases or a specified class of case or
specified classes of cases whether on specified conditions or unconditionally,
persons or things of a class or classes of persons or things may be exempted
from the provisions of the regulations, either wholly or to such extent as is
specified.
(4) In
subsection (3) specified means specified in the regulations.
[Section 19 amended by No. 78 of 1994
s. 8; No. 74 of 2003 s. 80.]