Western Australian Consolidated Regulations Western Australian Consolidated Regulations In these
by‑laws, unless the contrary intention appears —
ballast means any fluid commonly used for the
ballasting of vessels;
beacon includes any berth installation placed in
aid of navigation other than a harbour light;
berth means any place within the jetty and berth
area at which a vessel is anchored, moored or berthed and includes an
anchorage, jetty, or vessel;
berth installation means any work or thing
(whether above or below high water mark and whether within the jetty and berth
area or otherwise) for the improvement, protection, management, maintenance,
repair or use of the jetty and berth area or as an aid to navigation
including, without limiting the generality of the foregoing —
(a) any
jetty or berth;
(b) any
concrete support block or pipeline;
(c) any
mooring buoy, dolphin or stationary vessel;
(d) any
beacon or harbour light;
(e) any
reclamation of land from the sea or from the jetty and berth area or any
channel or basin or any excavation, deepening, dredging or widening of any
channel or basin or other part of the jetty and berth area or any wall,
embankment or breakwater which is now or hereafter erected, constructed,
maintained, repaired, installed, or done on or in any land held or occupied by
the Company under any tenure or which is otherwise under the management,
control or occupation of the Company;
berth service means any service or facility
rendered or provided by or on behalf of the Company or a related corporation
for or in connection with vessels using the jetty and berth area, a jetty or
other berth installation or for or in connection with the improvement,
protection, management, maintenance, repair or use of the jetty and berth area
including, without limiting the generality of the foregoing, towage services
and loading supervision, whether that service or facility is rendered or
provided above or below high water mark and whether within the jetty and berth
area or otherwise;
cargo means stores, goods, wares, merchandise,
chattels, livestock, evaporites, ores, minerals, metals and their products and
any other article capable of being loaded or unloaded into or from any vessel;
Chief Inspector has the meaning given by the
Explosives and Dangerous Goods Act 1961 ;
consignee means any person other than the Company
or a related corporation to whom any cargo is consigned, and includes the
owner of that cargo, the agent for that owner, the agent for the sale or
custody of the cargo, the holder of any bill of lading or other document
representing the cargo and any other person having any right, title or
interest to or in the cargo or the possession thereof;
consignor means any person other than the Company
or a related corporation consigning any cargo, and includes the owner,
shipper, agent for the owner or shipper, and any other person having right,
title or interest to or in that cargo or the possession thereof;
deadweight tonnes or dwt , in relation to a
registered vessel, means the registered summer deadweight calculated in
accordance with the standard of measurement adopted by the authority by which
the vessel is registered and expressed in tonnes;
dues includes any due, rate, charge or payment
payable or leviable under these by‑laws and includes any amount,
indemnity or compensation required by any of these by‑laws to be paid;
harbour light means any berth installation which
is a light erected in aid of navigation;
Harbour Master means any harbour master appointed
under section 4 of the Shipping and Pilotage Act 1967 for the Port
of Carnarvon, and includes any person authorised by such a harbour master to
act on his behalf;
jetty means any landing place or landing stage, or
any part thereof (whether above or below high water mark) which is used, or is
intended for use, within the jetty and berth area and which is erected,
constructed, installed, maintained or used on any land held or occupied by the
Company under any tenure or which is otherwise under the management, control
or occupation of the Company, and includes any plant, machinery, equipment,
installation, structures or premises erected, constructed, installed or
maintained or used on or in connection with the same;
jetty and berth area means that part of Mineral
Lease 245SA issued under the Mining Act 1904 2 , being below high
water mark and north of the shore line, and an area described as in the
vicinity of the jetty and berth area means that area within a 2 kilometre
radius of any part of the jetty and berth area;
lighter includes any barge or other vessel of a
light nature capable of being used for loading, unloading or transporting
cargo in the jetty and berth area;
lines launch means any vessel authorised by the
Harbour Master or the Company to perform the services of a lines launch;
master includes every person, not being an officer
of the Company or a pilot, having the command, charge, custody or control of a
vessel for the time being;
mooring buoy means any mooring buoy within the
jetty and berth area and includes all attached fittings and equipment as well
as the fittings and equipment used or intended to be used for securing the
mooring buoy to the sea‑floor;
mooring line means any line used to moor or assist
in mooring a vessel in a berth;
motor vehicle means a vehicle of any description
drawn or propelled by mechanical power and used or intended for use on land;
officer , in relation to the Company, includes any
director, secretary, agent or employee of the Company;
owner , in relation to cargo, includes any
consignor, consignee, shipper or agent for the sale or custody or loading or
unloading of cargo and includes also the holder of any bill of lading or other
document representing such cargo and every person having or claiming any
right, title or interest thereto and includes the Crown in right of, and any
instrumentality of, the State, but does not include the Company or a related
corporation;
owner , in relation to a vessel, includes a part
owner of the vessel, the holder of any share or interest in the vessel,
whether beneficial or otherwise, every person for the time being responsible
for the navigation, manning or management of the vessel, the master of the
vessel, the agent of the owner, and, where the owner is a body corporate, the
directors thereof, and
"owner" includes the Crown in right of, and any instrumentality of, the State,
but does not include the Company or a related corporation or a pilot;
pilot means a person appointed under
section 4 of the Shipping and Pilotage Act 1967 to be a pilot for
the port of Carnarvon;
related corporation , in relation to the
Company, means a body corporate that is deemed to be related to the Company by
virtue of section 50 of the Corporations Act 2001 of the
Commonwealth;
the Marine Supervisor means the officer appointed
by the Company to that office for the purpose of these by‑laws and
includes any deputy of that officer nominated by the Company;
tonnes or tonnage , in relation to a registered
vessel, means the gross registered tonnes or tonnage calculated in accordance
with the standard of measurement adopted by the authority by which the vessel
is registered and expressed in tonnes;
unberth means to remove from a berth;
vessel includes any ship, boat and every other
vessel used or designed for use for any purpose on or in the sea or the jetty
and berth area or in navigation, however propelled;
vessel of war means a vessel built for combatant
service or converted for that purpose and a tanker conveying fuel oil for such
a vessel provided that vessel or tanker is owned or otherwise directly managed
and controlled by the Government of any foreign country which is a party with
the Commonwealth to any military alliance and is not engaged in trade, but
does not include a vessel used for the transport of troops, stores or
equipment;
work boat means any vessel authorised by the
Harbour Master or the Company to perform the services of a work boat.
[By‑law 3 amended in Gazette
14 Jun 2002 p. 2795‑6.]