Port Authorities Regulations 2001 (WA)

Western Australia Port Authorities Act 1999 Port Authorities Regulations 2001 Western Australia Port Authorities Regulations 2001 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4A. Application as to assistance animals 2 Part 1A — Additional ports under port authority control and management 4B. Port of Balla Balla 3 4C. Port of Cape Preston West 3 Part 2 — Vessels in ports Division 1 — Vessels arriving at ports 4. Notice of arrival at port 4 5. Vessel to maintain contact with port authority 4 Division 2 — Matters relating to safety 6. Vessel not to exceed maximum safe speed 4 7. Fire on vessel, duties of people in case of 4 8. Propellers of moored vessel not to be operated 5 9. Owners of dangerous things to notify harbour master 5 Division 3 — Matters relating to revenue 10. Collector of port charges may enter vessel 6 11. Port charges to be paid before vessel leaves port 6 Division 4 — General 12. Berthing, general rules for 6 13. Port authority officer may give directions to keep wharf clear during berthing 7 15. Vessel moored to be kept clear of cranes etc. on wharves 7 16. Vessel moored to have at least one person on watch 8 17. Waste water etc. not to be discharged on to wharf or into port waters without authority 8 18. Ballast to be discharged in accordance with harbour master's directions 8 19. Livestock not to be loaded or unloaded without authority 9 21. Harbour master's powers to ensure compliance with regulations 9 Part 3 — Pilotage Division 1 — Definitions 22. Terms used 11 Division 2 — Approval of pilots 23. Eligibility to be approved as pilot 12 24. Approving pilots; retaining approval as pilot 12 25. Duties of approved pilots for r. 24(3) 13 Division 3 — Providers of pilotage services to be licensed 26. Division 2 not affected by this Division 14 27. Unlicensed persons not to provide pilotage services in ports 14 28. Pilotage provider's licence, application for and issue and effect of 14 29. Cancelling and suspending pilotage provider's licence 15 Division 4 — Pilots and pilotage 30. When pilotage is not compulsory (Act s. 97(1)) 16 31. Harbour master may direct exempt master to ensure vessel uses pilotage services 17 32. Notifying port authority when pilot is required 17 33. Vessel not ready for pilot at notified time, liability for port authority's expenses 18 34. Positioning of vessel when pilot boards or leaves vessel 18 35. Facilities to be provided when pilot boards or leaves vessel 19 36. Master's duties when pilot has boarded vessel 19 37. Tug master to comply with pilot's directions 19 38. Harbour master may require second pilot to be used 20 39. Pilots to carry and produce evidence of approval 20 40. Vessel being led is under control of pilot and liable to pay for pilotage services 20 Division 6 — Pilotage exemption certificates 49. Eligibility for pilotage exemption certificates 21 50. Applications for pilotage exemption certificates 23 51. Issue of pilotage exemption certificates 23 52. Conditions on pilotage exemption certificates 24 53. Applications to vary or delete conditions on pilotage exemption certificates 25 54. Validity and expiry of pilotage exemption certificates 26 55. Applications for revalidation of pilotage exemption certificates 26 56. Revalidation of pilotage exemption certificates 27 57. Suspending and revoking pilotage exemption certificates 28 58. Appeals against decision made under r. 57 29 59. Use of pilotage exemption certificates to be recorded 30 Part 4 — Goods and cargo 60. Details of cargo on board vessel arriving at port to be given to port authority 31 61. Details of cargo and fuel on board vessel leaving port to be given to port authority 31 62. Loading and unloading to be continuous 32 66. Unclaimed goods, port authority's powers as to 32 67. Sale of unclaimed goods, application of proceeds of 33 68. Goods falling from vessel in port 33 Part 5 — Conduct of persons in ports 69. Term used: designated by notices or signs 35 70. Social functions on board vessel prohibited in certain cases 35 71. Dead animals, waste etc. not to be left in ports unless authorised 35 72. Port authority notices etc., removal of etc. is offence 35 73. Notices etc. not to be put on port authority property without authority 36 74. Life saving equipment, interfering with 36 75. Dredging etc. prohibited without authority 36 76. Persons to comply with reasonable directions of port authority staff 36 77. Animals prohibited in port without authority 36 78. Disorderly conduct 37 79. Certain persons may be prohibited from entering port 37 80. Smoking in designated places prohibited 38 83. Selling or supplying things and soliciting business prohibited 38 84. Wrecks not to be climbed on etc. 39 85. Fire alarms, activating etc. 39 86. Valves, hydrants etc., unauthorised use of 40 87. Electric lights etc., unauthorised interference with 40 88. Stray boats and other abandoned or unattended property 40 89. Swimming in designated areas prohibited 41 90. Closed areas of ports etc., unauthorised entry of 41 91. Fishing in designated areas of port prohibited 41 92. Fishing nets etc., use of 42 93. Launching etc. boats in unauthorised places etc. prohibited 42 94. Camping etc. prohibited unless authorised 43 95. Marine life not to be removed from wharf etc. unless authorised 44 96. Buildings etc. not to be erected without authority 44 97. Excavation work not to be done unless authorised 44 98. Motor boats and water skiing, restrictions on 44 99. Races, regattas etc. not to be held without authority 45 Part 6 — Vehicles in ports 100. Terms used 46 101. Application of road laws 46 102. Careless driving 46 103. Drivers to comply with traffic signs 46 104. Stopping vehicles 46 105. Parking vehicles 47 106. Emergency vehicles, exceptions for 48 107. Obstructing vehicles may be removed 48 Part 7 — Infringement notices and modified penalties 108. Prescribed offences (Act s. 124) 50 109. Prescribed modified penalties (Act s. 125(2)) 50 110. Over‑length vehicle, meaning of in Sch. 3 50 111. Infringement notice, prescribed form of (Act s. 125(1)) 50 112. Withdrawal of infringement notice, prescribed form of (Act s. 127(1)) 50 Part 8 — Miscellaneous 113. Effect of breach of condition to which authorisation is subject 51 114. Master of vessel to produce certificates of tonnage and registry etc. on request by certain officers 51 115. Powers of authorised officers in relation to offenders 51 117. Certain easements, leases and licences may be granted without Minister's approval (Act s. 28(2)) 52 118. Amount of port authority's liability prescribed (Act s. 40(3)(c)) 52 118A. Port services prescribed (Act s. 35(9)) 53 119. Rate of interest on overdue amounts (Act s. 136(1)) 53 120. Rounding off amounts (Act Sch. 5 cl. 31) 53 120A. Jetty licences to which Schedule 8 clause 66(9) of Act applies 54 121. Provisions for particular ports and port authorities 54 Schedule 1 — Provisions for particular ports and port authorities Division 1AA — Preliminary 1A. Terms used 56 Division 1 — Port of Albany 1. Application of this Division 57 2. Terms used 57 3. Notice of arrival at port 57 3A. Notice of dangerous cargoes 58 4. Fishing vessels not to berth at berth 1, 2 or 3 without authority 58 5. When pilotage is not compulsory 58 5A. Unlicensed persons not to provide certain services 58 5B. Service providers' licences 59 Division 1A — Port of Balla Balla Subdivision 1 — Application 5C. Application of this Division 60 Subdivision 2 — Vessels in the port 5D. Term used: fishing vessel 60 5E. Master of vessel to produce certificates and papers on request by certain officers 61 5F. Moored vessel not to be moved unless harbour master notified 61 5G. Bunkering 61 5H. Navigation of private vessels 62 5I. Duties of masters of fishing vessels 62 Subdivision 3 — Control of moorings 5J. Terms used 63 5K. Moorings not to be installed or used without authority 63 5L. Application for authorisation to install or use mooring 63 5M. Authorisation of mooring 64 5N. Revoking authorisation of mooring 64 5O. Moorings to be maintained in good condition 65 5P. Floats on moorings 65 5Q. Inspection reports for moorings 66 5R. Sale or disposal of moorings 66 5S. Removal of moorings 67 Subdivision 4 — Service provider's licences 5T. Term used: service provider's licence 67 5U. Unlicensed persons not to provide certain services 67 5V. Service provider's licences 68 Subdivision 5 — Goods 5W. Goods not to be placed on port facility, port land or other property of the port authority without authority 69 Subdivision 6 — Miscellaneous 5X. Damage to property to be reported to harbour master 70 5Y. Unauthorised entry of closed areas of port 70 5Z. Restrictions on driving or moving vehicles on wharves 70 5ZA. Mooring and fishing in restricted area not permitted without authority 71 Division 2 — Port of Broome, Port of Derby, Port of Wyndham and Port of Yampi Sound Subdivision 1 — General matters 6. Application of this Division 71 7. Notice of arrival at port 72 8. Notice of dangerous cargoes 72 8A. Private vessels with length overall of 10 m or more to maintain contact with port authority 73 9. Moored vessel not to move unless harbour master notified 73 10. Bunkering 73 11. Navigation of private vessels 73 12. Vessel moored in port to have at least one person on watch 74 Subdivision 2 — Control of moorings 13. Term used: mooring owner 74 14. Moorings not to be installed or used without authority 74 15. Application for authorisation to install or use mooring 74 16. Authorisation of mooring 75 17. Revoking authorisation of mooring 76 18. Moorings to be maintained in good condition 76 19. Floats on moorings 76 20. Inspection reports for moorings 77 21. Sale or disposal of moorings 77 22. Removal of moorings 78 Subdivision 3 — Service providers' licences 23. Term used: service provider's licence 78 24. Unlicensed persons not to provide certain services 78 25. Service providers' licences 78 Subdivision 4 — Goods 26. Goods not to be placed on port facility etc. without authority 80 Subdivision 5 — Things obstructing or interfering with operations of port 27. Things obstructing port operations, powers as to 80 Subdivision 6 — Miscellaneous 28. Damage to property to be reported to harbour master 81 29. Unauthorised entry of closed areas of port 81 Division 3 — Port of Bunbury 30. Application of this Division 82 31. Term used: service provider's licence 82 31A. Notice of dangerous cargoes 82 32. Vessel in port to maintain contact with port authority 83 33. Unlicensed persons not to provide certain services 83 34. Service providers' licences 83 Division 4 — Port of Ashburton, Port of Dampier and Port of Varanus Island Subdivision 1 — Preliminary 35. Application of this Division 84 36. Term used: fishing vessel 85 Subdivision 2 — Vessels in the port 36A. Notice of dangerous cargoes 85 37. Radio watch to be kept by commercial vessels 85 38. Boating safety exclusion zone not to be entered without authority 86 39. Master of vessel to produce certificates of tonnage and registry etc. on request by certain officers 86 40. Vessel moored to wharf, anchors of to be stowed 87 41. Propellers of moored vessel not to be operated 87 42. Commercial vessels not to be beached in the port 87 43. Moored vessel not to be moved unless harbour master notified 87 44. Fire on vessel, duties of people on board 87 45. Bunkering 88 46. Ballast to be sufficient 88 47. Navigation of private vessels 89 48. Fishing vessels, duties of masters of 89 Subdivision 3 — Control of moorings 49. Terms used 90 50. Moorings not to be installed or used without authority 90 51. Application for authorisation to install or use mooring 90 52. Authorisation of mooring 91 53. Revoking authorisation of mooring 91 54. Moorings to be maintained in good condition 92 55. Floats on moorings 92 56. Inspection reports for moorings 93 57. Sale or disposal of moorings 93 58. Removal of moorings 94 Subdivision 4 — Service providers' licences 59. Term used: service provider's licence 94 60. Unlicensed persons not to provide certain services 94 61. Service providers' licences 95 Subdivision 5 — Goods 62. Goods not to be placed on port facility etc. without authority 96 Subdivision 6 — Miscellaneous 63. Damage to property to be reported to harbour master 96 64. Unauthorised entry of closed areas of port 97 Division 4A — Port of Esperance 64A. Application of this Division 97 64AA. Term used: service provider's licence 97 64AB. Notice of dangerous cargoes 98 64B. Fishing vessels not to berth at berth 1, 2 or 3 without authority 98 64C. Vessel not to be moored etc. without authority 98 64D. Fishing gear not to be put in port waters without authority 98 64E. Unlicensed persons not to provide certain services 99 64F. Service providers' licences 99 Division 5 — Port of Fremantle Subdivision 1 — General matters 65. Application of this Division 100 66. Terms used 100 67. Signal station, position of 101 68. Inner Harbour Entrance Channel, duties of masters of small vessels entering 101 69. Notice of arrival at port 102 70. Notice of dangerous cargoes 102 71. Where vessel is to be anchored on entering port 103 72. Vessels not to enter certain areas of port 103 Subdivision 2 — Pilotage exemption certificates 73. Terms used 104 74. Eligibility for pilotage exemption certificates 104 75. Applications for pilotage exemption certificates 106 76. Issue of pilotage exemption certificates 107 77. Vessels to which pilotage exemption certificates apply 107 78. Pilotage exemption certificates have effect only during daylight hours unless otherwise endorsed 108 79. Endorsement of pilotage exemption certificates for longer vessels than certificate applies to 109 80. Validity and renewal of pilotage exemption certificates 110 81. Expiry of pilotage exemption certificates 110 82. Revalidation of expired pilotage exemption certificates 111 83. Restrictions on pilotage exemption certificates 112 84. Revoking pilotage exemption certificates 112 85. Use of pilotage exemption certificates to be recorded 112 86. Compulsory pilotage areas, declaration of 113 Subdivision 3 — Certificates of local knowledge 87. Eligibility for certificates of local knowledge 113 88. Application for certificates of local knowledge 114 89. Issue of certificates of local knowledge 114 90. Validity and renewal of certificates of local knowledge 115 91A. Revalidation of expired certificate of local knowledge 115 91B. Revoking certificate of local knowledge 116 91. Effect of certificates of local knowledge 116 Subdivision 4 — Things obstructing or interfering with operations of port 92. Things obstructing etc. port operations, powers as to 117 Subdivision 5 — Fees and charges 93. Fees for pilotage exemption certificates and certificates of local knowledge 118 Subdivision 6 — Licences 94. Terms used 118 95. Unlicensed persons not to provide certain services 118 96. Service provider's licence 119 97. Excavation work, excavation licence needed to provide 120 98. Excavation licences 120 99. Protection from liability for port authority for licensed excavation work 122 Subdivision 7 — Miscellaneous 100. No swimming outside designated areas without authority 122 101. Motor boats and water skiing in Inner Harbour, restrictions on 122 Division 6 — Port of Geraldton 102. Application of this Division 122 102A. Term used: service provider's licence 123 102B. Notice of dangerous cargoes 123 103. Fishing vessels berthing at Commercial Berth Harbour to maintain contact with port authority 123 104. Vessel moored to have at least one person on watch 124 105. Motor boats and water skiing, restrictions on 124 106. Small vessels to leave channel and water ski area if other vessel sounds warning 125 106A. Unlicensed persons not to provide certain services 125 106B. Service provider's licences 126 Division 7 — Port of Port Hedland 107. Application of this Division 127 107A. Term used: service provider's licence 127 108. Riding animals and driving etc. vehicles on wharves, restrictions on 127 109. Horse riding etc. prohibited in designated areas 128 110. Mooring and fishing in restricted area not permitted without authority 128 110A. Unlicensed persons not to provide certain services 128 110B. Service provider's licences 129 Schedule 3 — Prescribed offences and modified penalties Schedule 4 — Forms Notes Compilation table 139 Other notes 144 Defined terms Port Authorities Act 1999 Port Authorities Regulations 2001