Western Australian Consolidated Acts

WESTERN AUSTRALIAN MARINE (SEA DUMPING) ACT 1981 - SECT 2

2 .         Interpretation

        (1)         In this Act, unless the contrary intention appears — 

        coastal waters means, in relation to the State, that part of the sea that is included in the coastal waters of the State within the meaning of the Coastal Waters (State Powers) Act 1980 of the Commonwealth as in force for the time being;

        Convention means the Convention a copy of the English text of which is set out in Schedule 1, as amended by — 

            (a)         the amendments set out in the Attachment to the Resolution a copy of the English text of which is set out in Schedule 2;

            (b)         the amendments set out in the Attachment to the Resolution a copy of the English text of which is set out in Schedule 3; and

            (c)         any other amendment to the Convention that is accepted by Australia and a copy of the English text of which is is set out in the regulations;

        holder , in relation to a permit, means the person to whom the permit has been granted;

        inspector means — 

            (a)         a person appointed as an inspector under section 20; or

            (b)         a member of the police force, or a person on whom the powers referred to in section 15 of the Western Australian Marine Act 1948  ² are conferred by that section, who is an inspector by force of section 21;

        owner , in relation to a vessel, aircraft or platform, includes — 

            (a)         every person who is a co-owner of the vessel, aircraft or platform or of any part of, or any share in, the vessel, aircraft or platform; and

            (b)         every person who has the use or control (whether alone or jointly with another person or other persons) of the vessel, aircraft or platform;

        paragraph means paragraph of the section or subsection in which the term is used;

        permit means a permit granted under section 14;

        person in charge means — 

            (a)         in relation to a vessel, the master or other person in charge of the vessel;

            (b)         in relation to an aircraft, the person in charge of the aircraft; or

            (c)         in relation to a platform, the person in charge of the operations conducted on or from the platform;

        platform includes any man-made structure at sea, whether floating or fixed to the sea-bed, but does not include a vessel;

        port waters , in relation to the State, means that part of the sea that is included within the boundaries of a port — 

                  (i)         as defined by the Shipping and Pilotage Act 1967 ; or

                  (ii)         under the control of a port authority constituted or established by an Act;

        Schedule means Schedule to this Act;

        section means a section of this Act;

        subsection means a subsection of the section in which the term is used;

        the police force means the Police Force of Western Australia;

        Western Australian aircraft means an aircraft that is owned by the State or an authority of the State;

        Western Australian platform means a platform that is fixed to the sea-bed beneath coastal waters;

        Western Australian vessel means a vessel that is owned by the State or an authority of the State.

        (2)         Except so far as the contrary intention appears, an expression that is used both in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.