Port Authorities Act 1999 (WA)

Western Australia Port Authorities Act 1999 Western Australia Port Authorities Act 1999 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Relationship to GTE Act 1 Part 2 — Port authorities: establishment and administration Division 1 — Establishment of port authorities 4. Port authorities, establishment, nature and trading names of 1 5. Port authorities not to be regarded as agents of Crown for purposes of State laws 1 6. Port authorities and officers not part of public sector 1 Division 2 — Community consultation committees 14A. Community consultation committees 1 Division 3 — Staff 16. Staff 1 17. Minimum standards for staff management 1 18. Reports to Public Sector Commissioner as to s. 17 standards 1 19. Superannuation 1 Division 4 — Conduct and integrity of staff 21. Codes of conduct 1 22. Reports to Public Sector Commissioner as to s. 21 codes 1 23. Reports to Minister as to s. 21 codes 1 Part 3 — Port areas and property of port authorities 24. Port areas defined 1 25. Port authority, property vested in 1 26. Port property may be taken back by Crown 1 27. Power to sell land, restrictions on 1 27A. Land, creating interests in 1 28. Vested land, creating and dealing with interests in 1 29A. Operation of Planning and Development Act 2005 section 136 modified 1 29. Disputes between port authority and Crown 1 Part 4 — Functions and powers 30. Functions 1 31. Relationship to Environmental Protection Act 1986 1 32. Port authority has control of port 1 35. Powers generally 1 36. Port facilities and services, extended powers as to 1 37. Fees and charges, power to levy 1 38. Planning laws, application of to port authorities 1 44. Delegation by port authority 1 92. Annual financial targets, Minister may set 1 Part 7 — Navigation and port matters Division 1 — Navigational aids 93. Port authority may provide etc. navigational aids etc. 1 94. Interference with navigational aids, offence 1 Division 2 — Pilotage 95. Terms used in, and application of, this Division 1 96. Port authority to approve pilots and ensure pilotage services are provided 1 97. Pilotage compulsory in ports 1 98. Pilot under authority of master 1 99. Liability of owner or master of piloted vessel 1 100. Immunity from liability for negligent provision of pilotage services 1 Division 3 — Harbour masters 101. Port includes other declared areas 1 102. Appointment of harbour master and deputy harbour master etc. 1 103. Functions of harbour master 1 104. Directions to masters etc. 1 105. Directions as to dangerous things 1 106. Limit on power to order removal of vessels or dangerous things 1 107. Ownerless vessels and dangerous things, removal of 1 108. Not obeying s. 104 or 106 direction, offence 1 109. Powers if direction not obeyed 1 110. Recovering port authority's s. 107 costs 1 111. Immunity from liability for acts under this Division 1 112. Hindering harbour master etc., offence 1 Division 4 — Damage in a port caused by vessels etc. 113. Responsibility for damage to port facilities or property 1 Division 5 — Port safety 114. Marine safety plan, port authority to have 1 Division 6 — Powers of police officers and others 114A. Police officers and others may enter vessels and conduct examinations and enquiries 1 Division 7 — Protection from liability 114B. Immunity from liability for damage to vessels 1 114C. Immunity from liability for damaged goods 1 114D. Immunity from liability for delay in delivery of goods 1 114EA. Immunity from liability for acts or omissions of port users 1 114E. Immunity from liability for certain events and actions 1 Part 8 — Port charges 115. Term used: port charges; application of this Part 1 116. Liability to pay port charges in respect of vessels 1 117. Liability to pay port charges in respect of goods 1 118. Recovery of port charges by port authority 1 119. Collectors of port charges 1 Part 9 — Proceedings for offences Division 1 — General 120. Who can commence prosecutions 1 121. Time limit for prosecutions 1 122. Averment as to place of offence 1 Division 2 — Infringement notices 123. Terms used 1 124. Giving of notice 1 125. Content of notice 1 126. Extending time for paying modified penalty 1 127. Withdrawing notice 1 128. Benefit of paying modified penalty 1 129. Application of penalties collected 1 130. Authorised persons, appointment of 1 Part 10 — Miscellaneous 131. Hindering, offence 1 132. Individual port authorities, provisions for (Sch. 6) 1 133. Laying documents before Parliament not sitting 1 136. Overdue amounts, interest on 1 137. Recovery of expenses due to offence 1 138. Government Agreements Act 1979 not affected 1 139A. Transitional provisions 1 Part 11 — Regulations 139. General power to make regulations 1 140. Offences against regulations 1 141. Adoption of other laws, codes etc. 1 142. References to other approvals or decisions 1 143. Licensing, provisions as to 1 Schedule 1 — Port authorities and ports Schedule 6 — Provisions for Pilbara Ports Authority Division 1 — Port of Dampier 1.1. Application of Division 1 1.2. Terms used 1 1.3. Act does not affect State agreements 1 1.8. Some property excepted from s. 26(1) 1 1.9. Recovery of costs from users, functions include 1 1.10. Companies, Joint Venturers and Salt Company, duties of 1 1.11. Pilotage services, agreements with Companies etc. as to 1 Division 2 — Port of Port Hedland 2.1. Application of Division 1 2.3. Act does not affect State agreements 1 2.8. Port includes pilotage area for some purposes 1 Schedule 7 — Purposes for which, or matters about which, regulations may be made Schedule 8 — Transitional provisions Division 1 — Provisions for Ports Legislation Amendment Act 2014 Subdivision 1 — Preliminary 1. Terms used 1 Subdivision 2 — Provisions for the Southern Ports Authority 2. Terms used 1 3. Merger of Albany Port Authority and Esperance Port Authority into Southern Ports Authority 1 4. Directors and former directors 1 5. Powers of new board in anticipation of merger 1 6. CEOs and members of staff 1 7. Preservation of rights 1 8. Devolution of assets, liabilities, proceedings, remedies and immunities 1 9. Completion of things commenced 1 10. Continuing effect of things done 1 11. Agreements, instruments and documents 1 12. Port authorities to implement or facilitate merger and share costs 1 13. Financial reporting 1 14. Dividends 1 15. Transitional regulations 1 Subdivision 3 — Provisions for the Mid West Ports Authority 16. Terms used 1 17. Directors and former directors 1 18. Powers of new board in anticipation of renaming 1 19. CEO and staff 1 20. Agreements, instruments and documents 1 21. Port authority to implement or facilitate renaming 1 22. Transitional regulations 1 Subdivision 4 — Provisions for the Pilbara Ports Authority 23. Terms used 1 24. Merger of Dampier Port Authority into Pilbara Ports Authority 1 25. Directors and former directors 1 26. Powers of new board in anticipation of merger 1 27. CEOs and members of staff 1 28. Preservation of rights 1 29. Devolution of assets, liabilities, proceedings, remedies and immunities 1 30. Completion of things commenced 1 31. Continuing effect of things done 1 32. Agreements, instruments and documents 1 33. Port authorities to implement or facilitate merger and share costs 1 34. Financial reporting 1 35. Dividends 1 36. Transitional regulations 1 Subdivision 5 — Provisions for the Kimberley Ports Authority 37. Terms used 1 38. Directors and former directors 1 39. Powers of new board in anticipation of renaming 1 40. CEO and staff 1 41. Agreements, instruments and documents 1 42. Port authority to implement or facilitate renaming 1 43. Transitional regulations 1 Subdivision 6 — Provisions for certain directors 44. Certain directors to cease to hold office 1 Subdivision 7 — General provisions 45. Terms used 1 46. Exemption from State taxes 1 47. Registration of documents 1 48. Matters that a new board can deal with 1 49. Operation of transitional regulations 1 50. Saving 1 51. Government agreements not affected 1 Division 2 — Provisions for Ports Legislation Amendment Act 2019 Subdivision 1 — Preliminary 52. Terms used 1 Subdivision 2 — Transfer of control and management of some existing ports to port authorities 53. Terms used 1 54. Port transfer: preliminary requirements 1 55. Port authority to implement and facilitate port transfer 1 56. Cessation of responsibility for port 1 57. Vesting of land, seabed and water in port authority 1 58. Minister may make transitional orders 1 59. Amending transitional order 1 60. Provisions as to assets and liabilities 1 61. Provisions as to agreements and proceedings 1 62. Navigational aids 1 63. Harbour masters and deputy harbour masters 1 64. Pilotage: existing licences 1 65. Pilotage: existing exemption certificates 1 66. Jetty licences 1 Subdivision 3 — General provisions 67. Registration of documents 1 68. Exemption from State taxes 1 69. Transitional regulations 1 70. Saving 1 71. Effect of affecting provisions 1 72. No exclusion of operation of affecting provisions 1 73. Effect of continued easements, leases and licences 1 74. Government agreements not affected 1 75. Preservation of mining, petroleum and other rights 1 76. Transitional provision for Schedule 9 1 Schedule 9 — Placing additional ports under a port authority's control and management 1. Terms used 1 2. Regulations may place a port under the control and management of a port authority 1 3. Port authority to implement or facilitate port addition 1 4. Government agreements not affected 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Port Authorities Act 1999 An Act about port authorities, their functions, the areas that they are to control and manage, the way in which they are to operate, and related matters.