Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In
the construction and for the purposes of these regulations, the following
terms shall, if not inconsistent with the context or subject‑matter,
have the respective meanings hereby assigned to them:
commercial vessel has the meaning assigned to it
in the Western Australian Marine Act 1982 ;
Department means the Department concerned, subject
to the control of the Minister, with the administration of the Act;
jetty means any jetty, pier, wharf, grid, slip or
landing place;
master means a person, other than a pilot, having
command or charge of a vessel;
officer means any wharfinger or servant of the
Department;
owner , in relation to a vessel,
means —
(a) if
the vessel is owned by an individual, that individual;
(b) if
the vessel is owned by a body corporate or unincorporate, that body;
(c) a
person who is purchasing the vessel under a contract that is a credit sale
contract for the purposes of the Credit Act 1984 ;
(d) a
person who is the purchaser or hirer of the vessel under a contract that for
the purposes of the Consumer Credit (Western Australia) Code is a credit
contract, or is to be regarded as a credit contract, to which that Code
applies;
(e) a
person who has the use of the vessel under a hiring, hire purchase, lease,
loan, charter or other agreement;
(f) a
person who holds a current Certificate of Survey of the vessel, or in whose
name the vessel is registered, but does not include an unpaid vendor under a
hire purchase agreement or the lessor under a lease;
pleasure vessel or recreational vessel have the
meaning assigned to “pleasure vessel” in the Western Australian
Marine Act 1982 ;
premises means any premises appurtenant to jetties
controlled by the Department;
public jetty means a jetty the property of Her
Majesty and includes a jetty the property of Her Majesty vested in any
person on behalf of Her Majesty;
vessel means any ship, lighter, barge, boat, raft
or craft of whatsoever description and howsoever navigated.
(2) For the purposes
of calculation of fees, charges or dues under these
regulations —
day means a period of 24 hours;
week means 7 consecutive days.
(3) For the purposes
of calculating fees, charges or dues prescribed in a schedule —
(a) an
amount payable per day is payable for any part of a day;
(b) the
length of a vessel is its overall length or, if it has a valid certificate of
survey under the Western Australian Marine Act 1982 , its measured
length, measured to 2 decimal places.
[Regulation 3 amended in Gazette
17 Mar 1960 p. 777; 7 May 1993 p. 2361;
27 Jul 2001 p. 3814; 14 Jun 2002
p. 2799‑800; 24 Jun 2005 p. 2815-16;
22 Jun 2007 p. 2908; 8 Feb 2008 p. 315.]
[Heading inserted in Gazette 19 May 1989
p. 1494.]
[Heading inserted in Gazette 19 May 1989
p. 1494.]