Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2) and section 12, pilotage charges as prescribed are
payable for the use of pilotage facilities by a vessel within a pilotage area.
(2) The regulations
may —
(a)
provide for the issue of a licence to a person to act as a pilot for a
pilotage area specified in the licence (a pilot’s licence );
(aa)
provide for the period for which a pilot’s licence has effect;
(ab)
provide for the imposition of conditions on a pilot’s licence and for
the revocation or amendment of conditions so imposed;
(ac)
prescribe procedures and prerequisites for, and other matters relating to, the
issue or renewal of a pilot’s licence;
(ad)
provide for the suspension or revocation of a pilot’s licence;
(ae)
provide for a person aggrieved by —
(i)
a decision not to issue a pilot’s licence to the
person or not to renew the person’s pilot’s licence; or
(ii)
a decision made in respect of that person under
regulations made under paragraph (ab) or (ad),
to apply to the State
Administrative Tribunal for a review of the decision;
(af)
prohibit a person from moving a vessel in a pilotage area without it being
under the control of a person who holds a pilot’s licence for the
pilotage area unless under the regulations —
(i)
that person is permitted to do so; or
(ii)
the vessel does not have to be under the control of a
person who has a pilot’s licence;
(ag)
prohibit a person from acting as pilot in a pilotage area unless the person
does so under and in accordance with a pilot’s licence for the pilotage
area;
(ah)
provide for persons appointed as pilots under section 4 before the coming
into operation of the Shipping and Pilotage Amendment Act 2006 to be regarded
for a prescribed period as holding pilot’s licences;
(b)
provide for the issue of pilotage exemption certificates to masters who hold
the prescribed qualifications and —
(i)
prescribe the privileges that, except as otherwise
expressly provided therein, are conferred by, and the duration of, a pilotage
exemption certificate;
(ii)
make provision for a pilotage exemption certificate to be
subject to such conditions as may be specified therein and such other
conditions (if any) as may be prescribed;
(iii)
provide for the renewal, surrender, cancellation, and
suspension of a pilotage exemption certificate and the making thereon, at the
time of its issue or renewal or at any other time, of an endorsement imposing
conditions on or extending the privileges attaching to that certificate;
(iv)
provide for the examination and testing of persons
applying for the issue or renewal of a pilotage exemption certificate, or the
making or variation of an endorsement thereon or the removal of an endorsement
therefrom;
(v)
prescribe the matters in relation to which a fee shall be
payable and the amount of any such fee;
(c)
provide for exemptions from the requirement to pay pilotage charges and for
any such exemption to be according to the class of vessel or circumstance;
(d)
provide for the payment by the owner of the vessel concerned of prescribed
charges in respect of the detention of a pilot in quarantine or otherwise and
of such incidental expenses as are prescribed;
(e)
provide for the payment —
(i)
where a person fails to comply with a requirement of the
regulations to use pilotage facilities; or
(ii)
where a person who, not being required to use pilotage
facilities by reason of his being the holder of a pilotage exemption
certificate, fails to comply with a requirement of the regulations relating to
the use of that certificate,
of the pilotage
charges that would have been payable had pilotage facilities been used for the
movement in respect of which the failure occurred.
[Section 9 amended by No. 88 of 1978
s. 6; No. 26 of 1984 s. 4; No. 65 of 1988 s. 5;
No. 71 of 2006 s. 9.]