Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make regulations for any purpose necessary or convenient for the
administration of this Act and in particular, but without limiting the
generality of the foregoing —
(a)
relating to special precautions and measures to be taken in relation to the
movement, berthing, loading and unloading of vessels carrying flammable
liquids, gunpowder and other explosive substances, or other dangerous goods
and enabling the Minister to specify substances that, in addition to those
identified in the regulations, are dangerous goods for the purposes of the
regulations;
(aa)
relating to the movement, mooring, berthing, loading and unloading of vessels
generally;
(b)
prescribing tide signals and other signals to be used in ports, fishing boat
harbours or mooring control areas;
(ba)
relating to the ascertainment of the tonnage of any vessel;
(bb)
relating to the provision within a mooring control area of mooring sites and
the hire, sale or free allocation thereof to the owners of boats, to the
registration of mooring sites and of all or any of the boats using the same,
to the supervision of mooring sites and to the maintenance and use thereof by
the owners or users of boats, to the maintenance of safe and unimpeded
navigation within a mooring control area, to the regulation or prohibition of
the use by owners or users of boats of mooring sites hired, sold or allocated
to other persons and to the control, with the approval of the Department and
of any body corporate having an interest in or right over the whole or any
part of the mooring control area concerned, of changes in, or the development
of, mooring sites within that mooring control area;
(c)
requiring persons to comply with directions given or requirements made under
the authority of those regulations and providing, where a person fails to
comply with such a direction or requirement, for measures to be taken at the
risk and expense of that person for achieving the purposes of the direction or
requirement;
(d)
empowering persons authorised in that behalf in accordance with the
regulations to board vessels and enter places for the purposes of enforcing
this Act and take such other action as appears to them appropriate for the
purposes of this Act;
(e)
providing for the period for which the appointment of a person as a harbour
master or deputy harbour master has effect;
(f)
providing for the imposition of conditions on the appointment of a harbour
master or deputy harbour master and for the revocation or amendment of
conditions so imposed;
(g)
prescribing procedures and prerequisites for, and other matters relating to,
the appointment of a person as a harbour master or deputy harbour master or
the renewal of an appointment;
(h)
providing for the revocation of the appointment of a harbour master or deputy
harbour master;
(i)
relating to the continuation for a prescribed period of
appointments of harbour masters made under section 4 before the coming
into operation of the Shipping and Pilotage Amendment Act 2006 .
(1a) Regulations
referred to in subsection (1)(ba) —
[(a)-(c) deleted]
(d) may
authorise the calculation or determination of tonnage —
(i)
by measurement;
(ii)
by estimation; or
(iii)
by reference to information appearing in the certificate
of registry or certificate of tonnage of a vessel or in any specified record
or publication,
or partly by one of
the methods referred to in subparagraphs (i) to (iii) and partly by
either or both of the other 2 methods;
(e) may
make provision concerning the spaces, whether covered or closed or not, to be
included and the spaces to be excluded in the ascertainment of the tonnage of
any vessel and may prescribe the method by which any space to be included or
excluded is to be calculated;
(f) may
confer power on an authorised person —
(i)
to board, inspect, measure or survey the whole or any
part of a vessel, or any goods therein or thereon;
(ii)
to detain a vessel;
(iii)
to require the unshipment of any goods in or on a vessel
at the expense and risk of the owner of those goods,
for the purpose of
ascertaining the tonnage of the vessel or enabling that tonnage to be
ascertained;
(g) may
exempt the responsible authority concerned and any authorised person from
liability for any loss or damage occasioned by any act done in good faith
pursuant to powers conferred by those regulations;
(h) may
require the owner or master of a vessel to produce the certificate of
registry, and any certificate of tonnage, of the vessel if and when requested
to do so by an authorised person;
(i)
may require the owner, master or agent of a vessel, upon
request by an authorised person, to afford all necessary facilities to enable
the vessel or any goods therein or thereon or both the vessel and those goods
to be inspected, measured or surveyed for the purpose of ascertaining the
tonnage of the vessel.
(1b)
In subsection (1a) —
authorised person means an officer or person
appointed by the responsible authority concerned to ascertain the tonnage of
vessels generally or to ascertain the tonnage of a particular vessel;
specified means specified in regulations referred
to in subsection (1)(ba).
(2) Regulations made
under this Act may —
(a)
create offences and provide, in respect of an offence so created, for the
imposition of a penalty consisting of a fine not exceeding $12 000 with
or without imprisonment for a term not exceeding 12 months;
(b)
provide that a person committing an offence referred to in paragraph (a),
in addition to suffering any penalty imposed under those regulations, is
liable to pay to the Crown all expenses incurred by reason of the commission
of that offence, and make provision for the recovery of those expenses from
that person in a court of competent jurisdiction as a debt due to the Crown;
(ba)
provide for fees or charges to be paid in respect of matters to which the
regulations relate and prescribe or provide for those fees or charges;
(c)
adopt, either wholly or in part or with modifications and either specifically
or by reference, any rules, regulations, codes, instructions or other
subordinate legislation made, determined or issued under any other Act or
under any Act of the Parliament of the Commonwealth or the United Kingdom, or
any of the standards, rules, codes or specifications of the bodies known as
Standards Australia, the British Standards Institution, The Association of
Australian Port and Marine Authorities or other body specified in those
regulations;
(d)
provide that if by reason of unavailability of materials or for any other
reason that the responsible authority considers valid any requirement adopted
by those regulations cannot be conformed to, the responsible authority may
approve such use of materials or other matters as it considers to be
consistent with the achievement of the objects of those regulations;
(e) be
of general application or may be limited in their application according to
time, place, or circumstance;
(f) make
different provision for different classes of vessels or for the same class of
vessels in different circumstances;
(g) make
the application of any provision of the regulations dependent on compliance
with specified conditions, to be evidenced in a specified manner;
(h)
apply according to an approval or other administrative decision of a specified
person or body notwithstanding that such approval or other decision may not
have been, or may not have been primarily, given or made for the purposes of
this Act;
(i)
require a matter affected by them to be in accordance
with a specified requirement, or as approved by, or to the satisfaction of, a
specified person or body, or class of person or body, and delegate to or
confer on a specified person or body, or class of person or body, a
discretionary authority;
(j)
exempt, or provide for the exemption of, persons or things from the provisions
of those regulations, or any of them, and impose, or provide for the
imposition of, conditions on any such exemption;
(k)
require any matter or thing to be verified by statutory declaration.
(3) In
subsection (2) —
responsible authority means the Department;
specified means specified in the regulations.
[Section 12 amended by No. 12 of 1976
s. 19; No. 88 of 1978 s. 10; No. 26 of 1984 s. 6;
No. 5 of 1999 s. 24(5); No. 74 of 2003 s. 110; No. 71 of
2006 s. 13.]
[Schedule deleted by No. 71 of 2006 s. 14(1).]