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Western Australia Maritime and Transport Legislation Amendment and Repeal Bill 1999 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Repeal and amendment of legislation Division 1 -- Repeals and consequential and miscellaneous amendments 3. Acts in Schedule 1 repealed 3 4. Acts in Schedule 2 amended 3 Division 2 -- Amendments to Transport Co-ordination Act 1966 5. The Act amended by this Division 3 6. Long title amended 3 7. Section 3 amended 4 8. Section 4 amended 4 9. Section 7 amended 5 10. Section 7D amended 5 11. Section 8 amended 7 12. Section 10 inserted 8 13. Section 15 replaced 9 page i 37--1B Maritime and Transport Legislation Amendment and Repeal Bill 1999 Contents 14. Section 15A amended 10 15. Section 15B amended 10 16. Section 15C amended 12 17. Sections 15D to 15K inserted 12 18. Section 18 repealed 17 19. Section 47F amended 18 20. Section 62 amended 18 Part 3 -- Transitional provisions 21. Application of the Interpretation Act 1984 19 22. Jetty licences 19 23. Harbour masters 19 24. Pilots 20 25. Mooring control areas 20 26. Mooring licences 20 27. Minister for Transport: merger of corporate status and continuation of vesting of property 21 28. Agreements relating to maritime structures 22 29. Trust accounts 23 Schedule 1 -- Acts repealed Schedule 2 -- Consequential and miscellaneous amendments to Acts page ii Western Australia LEGISLATIVE ASSEMBLY Maritime and Transport Legislation Amendment and Repeal Bill 1999 A Bill for An Act -- • to repeal the following Acts -- Harbours and Jetties Act 1928; Jetties Act 1926; Lights (Navigation Protection) Act 1938; Marine and Harbours Act 1981; Marine Navigational Aids Act 1973; Pilots' Limitation of Liability Act 1962; Shipping and Pilotage Act 1967; Western Australian Marine Act 1982; Western Australian Marine Amendment Act 1987; and Western Australian Marine Amendment Act 1990; • to amend the Transport Co-ordination Act 1966 and other Acts; and • for purposes relating to those repeals and amendments. The Parliament of Western Australia enacts as follows: page 1 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Maritime and Transport Legislation Amendment and Repeal Act 1999. 5 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. page 2 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Repeal and amendment of legislation Part 2 Repeals and consequential and miscellaneous amendments Division 1 s. 3 Part 2 -- Repeal and amendment of legislation Division 1 -- Repeals and consequential and miscellaneous amendments 3. Acts in Schedule 1 repealed 5 The Acts mentioned in Schedule 1 are repealed. 4. Acts in Schedule 2 amended The Acts mentioned in Schedule 2 are amended as set out in that Schedule. Division 2 -- Amendments to Transport Co-ordination Act 1966 10 5. The Act amended by this Division The amendments in this Division are to the Transport Co-ordination Act 1966*. [* Reprinted as at 9 September 1997. For subsequent amendments see 1998 Index to Legislation of 15 Western Australia, Table 1, p. 256, and Acts Nos. 32 of 1998, and 10 and 16 of 1999.] 6. Long title amended The long title is amended as follows: (a) by deleting ", planning and advancement of all forms of 20 transport" and inserting instead -- " and planning of transport, maritime and port affairs "; page 3 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 2 Repeal and amendment of legislation Division 2 Amendments to Transport Co-ordination Act 1966 s. 7 (b) by deleting "for the licensing of certain persons who carry on the business of selling petroleum products and". 7. Section 3 amended 5 Section 3 is amended after paragraph (e) by deleting the full stop and inserting -- " ; (f) to provide for the administration and 10 co-ordination of matters relating to maritime and port affairs and navigation. ". 8. Section 4 amended Section 4(1) is amended as follows: 15 (a) by inserting, in the appropriate alphabetical position, the following definition -- " "rail safety functions" means functions of the Director General under the Rail Safety Act 1998; 20 "; (b) by deleting the definitions of "Schedule" and "section" and inserting the following definitions instead -- " "State public authority" means a Minister, a State 25 instrumentality or agency, or a public statutory body, corporate or unincorporate, established under a written law; page 4 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Repeal and amendment of legislation Part 2 Amendments to Transport Co-ordination Act 1966 Division 2 s. 9 "traffic functions" means functions of the Director General under the Acts referred to in section 15B(3)(c) to (f); "transport functions" means functions of the Director 5 General or the Minister under this Act or the Maritime Act 1999; ". 9. Section 7 amended Section 7(1) is amended by inserting after "this Act" -- 10 " and the Maritime Act 1999 ". 10. Section 7D amended (1) Section 7D(1) is repealed and the following subsections are inserted instead -- " 15 (1) The Minister may provide any facilities that the Minister thinks are -- (a) necessary for the purpose of facilitating the movement of vehicles in any part of the State in accordance with the terms and conditions 20 imposed or agreed under this Act or under any other Act in relation to the operation of vehicles; (b) desirable to meet the needs of safe, effective and efficient shipping and boating, both 25 recreational and commercial; or (c) desirable to protect navigable waters or the bed, shores or banks of navigable waters. page 5 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 2 Repeal and amendment of legislation Division 2 Amendments to Transport Co-ordination Act 1966 s. 10 (1a) Without limiting subsection (1), the facilities that can be provided under that subsection include -- (a) vehicles; (b) ports and harbours; 5 (c) maritime facilities and other infrastructure; and (d) fishing industry facilities. ". (2) Section 7D(3) is amended by deleting "subsection (1)" and inserting instead -- 10 " subsection (1)(a) or no longer desirable for the purpose referred to in subsection (1)(b) or (c) ". (3) Section 7D(4) is amended as follows: 15 (a) by deleting the definition of "facilities" and inserting instead -- " "infrastructure", "maritime facilities" and "navigable waters" have the same meanings as they have in the 20 Maritime Act 1999; "; (b) in the definition of "provide" by inserting before "establish" -- " construct, ". page 6 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Repeal and amendment of legislation Part 2 Amendments to Transport Co-ordination Act 1966 Division 2 s. 11 11. Section 8 amended (1) Section 8(1) is amended by deleting "the functions of the Director General under this or any other Act" and inserting instead -- 5 " traffic functions, transport functions or rail safety functions ". (2) Section 8(2)(a) is amended by inserting before "public" in both 10 places where it occurs -- " State ". (3) Section 8(2) is amended by deleting "the functions of the Director General under this or any other Act" and inserting instead -- 15 " traffic functions, transport functions or rail safety functions ". (4) Section 8(3) is amended by deleting "the Minister to perform his 20 functions under this Act, or to assist in enabling the functions of the Director General under this or any other Act" and inserting instead -- " traffic functions, transport functions or rail safety 25 functions ". (5) Section 8(4) is repealed. page 7 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 2 Repeal and amendment of legislation Division 2 Amendments to Transport Co-ordination Act 1966 s. 12 12. Section 10 inserted After section 9 the following section is inserted -- " 10. Minister to have access to information 5 (1) The Minister is entitled -- (a) to have information in the possession of the Director General; and (b) where the information is in or on a document, to have, and make and retain copies of, that 10 document. (2) For the purposes of subsection (1) the Minister may -- (a) request the Director General to furnish information to the Minister; (b) request the Director General to give the 15 Minister access to information; and (c) for the purposes of paragraph (b) make use of the staff appointed, used or engaged under section 8 to obtain the information and furnish it to the Minister. 20 (3) The Director General is to comply with a request under subsection (2) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section -- 25 "document" includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; page 8 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Repeal and amendment of legislation Part 2 Amendments to Transport Co-ordination Act 1966 Division 2 s. 13 "information" means information specified, or of a description specified, by the Minister that relates to the functions of the Director General. ". 5 13. Section 15 replaced Section 15 is repealed and the following section is inserted instead -- " 15. Delegation 10 (1) The Minister may, by instrument in writing, delegate to any person any of the Minister's functions under this Act or any other Act that the Department assists the Minister to administer. (2) In an instrument of delegation under subsection (1) to 15 the Director General the Minister may authorize the Director General to subdelegate to any person any function referred to in the instrument of delegation and, where the Minister does so, section 59 of the Interpretation Act 1984 and subsections (3) and (4) 20 apply to and in relation to the subdelegation as though it were a delegation. (3) The Director General may, by instrument in writing, delegate to any person any of the Director General's functions under this Act or any other Act, except this 25 power of delegation. (4) A delegation under this section may be general or as otherwise provided by the instrument of delegation. ". page 9 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 2 Repeal and amendment of legislation Division 2 Amendments to Transport Co-ordination Act 1966 s. 14 14. Section 15A amended Section 15A(1) is amended by deleting "carrying out his functions under this Act or enabling the functions of the Director General under this or any other Act" and inserting 5 instead -- " enabling transport functions or rail safety functions ". 15. Section 15B amended (1) Section 15B(2) is amended as follows: (a) by inserting after "General", in the first place where it 10 occurs -- " to "; (b) in paragraph (a) by deleting "to" in the first place where it occurs; (c) after paragraph (j) by deleting the comma and inserting 15 a semicolon; (d) after paragraph (k) by deleting the full stop and inserting -- " ; 20 (l) administer, exercise and perform the powers and duties necessary or convenient for the control and regulation in the State of maritime and port affairs and navigation; (m) administer, exercise and perform the powers 25 and duties necessary or convenient for the provision and regulation in the State of pilotage services to the extent required by the Maritime Act 1999; (n) advise the Minister on maritime and port affairs; page 10 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Repeal and amendment of legislation Part 2 Amendments to Transport Co-ordination Act 1966 Division 2 s. 15 (o) provide assistance and advice, when requested, on matters concerned with the promotion and development of a port (within the meaning of the Port Authorities Act 1999) or a port or 5 maritime facility (within the meaning of the Maritime Act 1999) and on proposals for, or policy in respect of, capital expenditure on a port or maritime facility; (p) regulate, control, and promote measures 10 desirable to ensure the safety of life in connection with shipping and boating; and (q) carry out such other duties relating to matters associated with or affecting maritime and port affairs as the Minister directs. 15 ". (2) After section 15B(2) the following subsection is inserted -- " (3) As well as the functions referred to in subsections (1) and (2), the Director General also has the functions 20 conferred on the Director General under -- (a) the Maritime Act 1999; (b) the Rail Safety Act 1998; (c) the Control of Vehicles (Off-road Areas) Act 1978; 25 (d) the Motor Vehicle Drivers Instructors Act 1963; (e) the Motor Vehicle (Third Party Insurance) Act 1943; and (f) the Road Traffic Act 1974. 30 ". page 11 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 2 Repeal and amendment of legislation Division 2 Amendments to Transport Co-ordination Act 1966 s. 16 16. Section 15C amended (1) Section 15C(1) is repealed and the following subsection is inserted instead -- " 5 (1) The Minister, on the recommendation of the Director General, may enter into an agreement with any person or body providing for such of the transport functions or rail safety functions of the Director General as are set out in the agreement to be performed for and on behalf 10 of the Director General. ". (2) Section 15C(2) is amended as follows: (a) by inserting before "functions" -- " traffic "; 15 (b) by deleting "under the Acts referred to in subsection (1)". (3) Section 15C(3), (4) and (5) are amended by deleting "subsection (2)" and, in each case, inserting instead -- " this section ". 20 [Note: The headnote to section 15C will be altered to read "Minister may make arrangements as to performance of Director General's functions".] 17. Sections 15D to 15K inserted After section 15C the following sections are inserted -- 25 " 15D. Minister may make arrangements as to performance of Minister's transport or rail safety functions (1) The Minister may enter into an agreement with any person or body providing for such of the transport page 12 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Repeal and amendment of legislation Part 2 Amendments to Transport Co-ordination Act 1966 Division 2 s. 17 functions or rail safety functions of the Minister as are set out in the agreement to be performed for and on behalf of the Minister. (2) A function set out in an agreement under this section 5 may be performed -- (a) in accordance with the agreement; and (b) on and subject to such terms and conditions as are set out in the agreement. (3) Where the performance of a function set out in an 10 agreement under this section is dependent upon the opinion, belief, or state of mind of the Minister it may, subject to the agreement, be performed upon the opinion, belief, or state of mind of the body or person with whom the agreement is made or another person 15 provided for in the agreement. (4) For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a body or person in connection with the performance by that body or person of a function of the 20 Minister under an agreement under this section is as effectual as it would be if it were done by, to, by reference to, or in relation to, the Minister. 15E. Minister may enter into or participate in agreements and business arrangements 25 (1) The Minister may, for the purpose of performing transport functions or rail safety functions -- (a) enter into any agreement, arrangement (other than a business arrangement) or transaction, financial or otherwise, that the Minister thinks 30 is expedient; page 13 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 2 Repeal and amendment of legislation Division 2 Amendments to Transport Co-ordination Act 1966 s. 17 (b) with the approval of the Treasurer, participate in a business arrangement. (2) For the purposes of subsection (1)(b) the Minister may acquire, hold and dispose of shares, units or other 5 interests in, or debentures or other securities of, a business arrangement. (3) In this section -- "business arrangement" means proprietary limited company, partnership, trust, joint venture or 10 arrangement for sharing profits. 15F. Minister may enter contracts and arrangements for works and services (1) The Minister may enter into contracts or arrangements with any person, including a State public authority, for 15 the erection, construction or execution of any work permitted or authorized to be erected, constructed or executed by the Minister, or for furnishing materials or labour, or for the purchase or construction of machinery or appliances of any kind, or for the supply 20 of other services, and any other contracts or arrangements necessary for the purpose of carrying out traffic functions, transport functions or rail safety functions. (2) A contract or arrangement entered into by the Minister 25 under subsection (1) with a State public authority is to be on such conditions and financial terms as may be agreed between the parties. page 14 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Repeal and amendment of legislation Part 2 Amendments to Transport Co-ordination Act 1966 Division 2 s. 17 15G. Compulsory acquisition of land Subject to this Act, where any land is required for the purposes of this Act, that land may be entered upon, surveyed and taken under the powers contained in and 5 in accordance with the procedure set out in Part 9 of the Land Administration Act 1997. 15H. Exemption from rates and taxes (1) Subject to subsection (2), all land held by the Minister under this Act is exempt from any rate, tax or 10 imposition that might, but for this section, be lawfully levied or imposed by or under any Act. (2) Nothing in subsection (1) precludes a local government, or other statutory authority from levying and collecting rates and other lawful charges in respect 15 of land, houses and buildings of the Minister that are for the time being let or occupied for private purposes. 15I. Leases of property held by the Minister (1) The Minister may grant a lease of land or other property vested in the Minister under this Act -- 20 (a) for purposes falling within the purposes of this Act or relating to traffic functions or transport functions; or (b) for such other purposes including -- (i) the use of the land or property for 25 community activities; and (ii) the commercial development of the land or property by any person, as the Minister thinks fit. page 15 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 2 Repeal and amendment of legislation Division 2 Amendments to Transport Co-ordination Act 1966 s. 17 (2) Subsection (1) extends to managed land as defined in section 15J. (3) A lease may be granted for such term and on such terms and conditions, including a right of renewal, as 5 the Minister thinks fit. (4) Where a development to which the proposed lease relates is required to be approved under section 50 of the Swan River Trust Act 1988 or under the Metropolitan Region Scheme made under the 10 Metropolitan Region Town Planning Scheme Act 1959 a lease cannot be granted under this section -- (a) unless that approval has been granted; or (b) on any term or condition that is contrary to or inconsistent with an approval so granted. 15 (5) This section does not limit the operation of section 7D. 15J. Power to acquire and hold property (1) The Minister may, for the purpose of performing transport functions, acquire, hold, give security over, or dispose of real and personal property (including 20 disposal for the purpose of subsequently acquiring the same property or any part of, or interest in, the property). (2) Subsection (1) does not authorize the Minister to sell Crown land. 25 (3) The Minister does not have to get approval under section 18 of the Land Administration Act 1997 in order to -- (a) grant a lease of managed land under section 15I; or page 16 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Repeal and amendment of legislation Part 2 Amendments to Transport Co-ordination Act 1966 Division 2 s. 18 (b) create or deal with any other interest in respect of managed land. (4) In this section -- "acquire" includes taking on lease or licence or in any 5 other manner in which an interest in property may be acquired; "Crown land" has the same meaning as it has in the Land Administration Act 1997; "dispose of" includes dispose by way of lease, licence or 10 bailment or in any other manner in which an interest in property may be disposed of; "managed land" means land the care, control and management of which is placed with the Minister under section 46 of the Land Administration 15 Act 1997 for transport, maritime or port purposes and includes land referred to in section 27(3)of the Maritime and Transport Legislation Amendment and Repeal Act 1999; "sell" means convey and transfer, in fee simple or for a 20 lesser estate, for consideration or by way of exchange, and includes grant an option to purchase or a right of first refusal to purchase. 15K. Powers are in addition to Division 4 In relation to the functions mentioned in Division 4, the 25 provisions of this Division are additional to those of Division 4. ". 18. Section 18 repealed Section 18 is repealed. page 17 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 2 Repeal and amendment of legislation Division 2 Amendments to Transport Co-ordination Act 1966 s. 19 19. Section 47F amended Section 47F is amended by deleting "Western Australian Marine Act 1982" and inserting instead -- " Maritime Act 1999 ". 5 20. Section 62 amended After section 62(3)(b) the following paragraph is inserted -- " (ba) costs incurred by the Department in collecting and providing information to assist in the 10 management of the maritime environment; ". page 18 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Transitional provisions Part 3 s. 21 Part 3 -- Transitional provisions 21. Application of the Interpretation Act 1984 (1) The provisions of the Interpretation Act 1984 (for example sections 16(1), 36 and 38) about the repeal of written laws and 5 the substitution of other written laws for those so repealed apply to the repeal of an Act mentioned in Schedule 1 as if that Act were repealed by -- (a) the Maritime Act 1999; or (b) in the case of the Marine and Harbours Act 1981, the 10 Maritime Act 1999 and the Transport Co-ordination Act 1966 as amended by Part 2 Division 2. (2) The other provisions of this Part are additional to the provisions applied by subsection (1) and, except in the case of sections 25(2) and 26(3), do not affect the operation of the 15 provisions applied by subsection (1). 22. Jetty licences After the commencement of section 3 a licence under section 7 of the Jetties Act 1926, or an application for a licence under that section, is to be regarded as a licence under section 47 of the 20 Maritime Act 1999, or an application for a licence under that section. 23. Harbour masters After the commencement of section 3 a person appointed under section 4(a) of the Shipping and Pilotage Act 1967 to be the 25 harbour master of a port is to be regarded as having been appointed under section 35 of the Maritime Act 1999 to be the harbour master of that port. page 19 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 3 Transitional provisions s. 24 24. Pilots After the commencement of section 3 a person appointed under section 4(b) of the Shipping and Pilotage Act 1967 to be a pilot at a port is to be regarded as having been approved under 5 section 71 of the Maritime Act 1999 as a pilot for that port. 25. Mooring control areas (1) After the commencement of section 3 a mooring control area declared under section 10 of the Shipping and Pilotage Act 1967 is to be regarded as being a mooring control area declared under 10 section 55 of the Maritime Act 1999. (2) Subject to subsection (1), section 21 does not apply in relation to section 10 of the Shipping and Pilotage Act 1967 or any declaration made or other thing done under it. 26. Mooring licences 15 (1) After the commencement of section 3 a licence granted under section 65 of the Western Australian Marine Act 1982, other than a mooring licence granted in accordance with the Mooring Regulations 1998, is to be regarded as being a mooring area licence issued under section 57 of the Maritime Act 1999. 20 (2) After the commencement of section 3 a mooring that was, immediately before that commencement -- (a) on a mooring site registered under the Mooring Regulations 1998; and (b) installed in accordance with any conditions in the 25 relevant mooring licence issued in accordance with the Mooring Regulations 1998, is to be regarded as being -- (c) on a mooring site registered under; and page 20 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Transitional provisions Part 3 s. 27 (d) installed in accordance with, regulations made under the Maritime Act 1999. (3) Subject to subsections (1) and (2), section 21 does not apply in relation to section 65 of the Western Australian Marine 5 Act 1982 or licences granted under it. 27. Minister for Transport: merger of corporate status and continuation of vesting of property (1) On and from the commencement of section 3 the body corporate formerly established under section 8 of the Marine and 10 Harbours Act 1981 retains its rights and obligations but is merged with, and has the same corporate identity as, the body corporate established under section 7 of the Transport Co-ordination Act 1966. (2) Without limiting subsection (1), on and from the commencement 15 of section 3 real or personal property of any kind vested in, or held by, the body corporate formerly established under section 8 of the Marine and Harbours Act 1981 is vested in, or is to be held by, the body corporate established under section 7 of the Transport Co-ordination Act 1966 -- 20 (a) for the purposes of the Maritime Act 1999; (b) for the purposes of the Geraldton Foreshore and Marina Development Act 1990 in the case of land referred to in section 9 of that Act; or (c) for other maritime or port purposes. 25 (3) Despite subsection (2), Crown land vested under section 9 of the Marine and Harbours Act 1981 is to be regarded, after the commencement of section 3 -- (a) as having been reserved under section 41 of the Land Administration Act 1997 for the purposes of the Maritime 30 Act 1999 and other maritime or port purposes; and page 21 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Part 3 Transitional provisions s. 28 (b) as being the subject of an order under section 46(1) of the Land Administration Act 1997 placing the care, control and management of the land with the body corporate established under section 7 of the Transport 5 Co-ordination Act 1966. 28. Agreements relating to maritime structures (1) In this section -- "construction agreement" means an agreement (including a Government agreement) entered into before commencement 10 of section 3 between the State and another person (the "contractor") for the construction and maintenance of a maritime structure or group of maritime structures; "State agreement" means an agreement -- (a) to which the State is a party; and 15 (b) which is ratified by an Act or the execution of which is authorized or approved by an Act. (2) If the maritime structure or group of maritime structures to which a construction agreement relates -- (a) constitutes a port named in Schedule 1 to the Maritime 20 Act 1999; or (b) is declared to be a maritime facility under section 9 of the Maritime Act 1999, the Minister may by notice published in the Gazette declare that the Maritime Act 1999 applies in relation to the construction 25 agreement, with such modifications as are necessary or as are mentioned in the notice, as if -- (c) the contractor had been appointed to operate the port or maritime facility; and page 22 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Transitional provisions Part 3 s. 29 (d) the construction agreement were an appointment agreement, under Part 2 Division 2 of the Maritime Act 1999. (3) If there is an inconsistency between a State agreement and the 5 Maritime Act 1999 as applied by a notice under subsection (2), the State agreement prevails. (4) Subject to subsection (3), a notice under subsection (2) has effect according to its terms. 29. Trust accounts 10 After the commencement of section 3, moneys standing to the credit of an account established under section 14 of the Marine and Harbours Act 1981 in relation to particular services are to stand to the credit of an operating account established under section 15B of the Financial Administration and Audit Act 1985 15 in relation to those services. page 23 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Schedule 1 Acts repealed Schedule 1 -- Acts repealed [s. 3] Harbours and Jetties Act 1928 Jetties Act 1926 5 Lights (Navigation Protection) Act 1938 Marine and Harbours Act 1981 Marine Navigational Aids Act 1973 Pilots' Limitation of Liability Act 1962 Shipping and Pilotage Act 1967 10 Western Australian Marine Act 1982 Western Australian Marine Amendment Act 1987 Western Australian Marine Amendment Act 1990 page 24 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Consequential and miscellaneous amendments to Acts Schedule 2 Schedule 2 -- Consequential and miscellaneous amendments to Acts [s. 4] 1. Constitution Acts Amendment Act 1899 amended 5 Schedule V Part 3 to the Constitution Acts Amendment Act 1899* is amended by deleting -- " The Western Australia Marine Manning Committee established by the Western Australian Marine 10 Act 1982. ". [* Reprinted as at 15 April 1999. For subsequent amendments see Act No. 26 of 1999.] 2. Disposal of Uncollected Goods Act 1970 amended 15 The Schedule to the Disposal of Uncollected Goods Act 1970* is amended as follows: (a) by deleting "45 of 1926 Jetties Act, 1926." and inserting instead -- " Maritime Act 1999 "; 20 (b) by deleting "17 of 1967 Shipping and Pilotage Act, 1967.". [* Act No. 121 of 1970. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 71-2, and Acts Nos. 5 and 16 of 1999.] 25 3. Environmental Protection Act 1986 amended Section 3(1) of the Environmental Protection Act 1986* is amended as follows: (a) in paragraph (c) of the definition of "driver" by deleting "Western Australian Marine Act 1982" and inserting instead -- 30 " Maritime Act 1999 "; page 25 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Schedule 2 Consequential and miscellaneous amendments to Acts (b) in paragraph (b) of the definition of "owner" by deleting "Western Australian Marine Act 1982" and inserting instead -- " Maritime Act 1999 "; 5 (c) in the definition of "vessel" by deleting "Western Australian Marine Act 1982" and inserting instead -- " Maritime Act 1999 ". [* Reprinted as at 16 April 1999.] 4. Geraldton Foreshore and Marina Development Act 1990 amended 10 The Geraldton Foreshore and Marina Development Act 1990* is amended as follows: (a) in section 3(1) in the definition of "The Minister for Transport" by deleting "of that title established under the Marine and Harbours Act 1981" and inserting instead -- 15 " established under section 7(1) of the Transport Co-ordination Act 1966 "; (b) in section 9(3) by deleting "Sections 11 and 19 of the Marine 20 and Harbours Act 1981" and inserting instead -- " Section 15H of the Transport Co-ordination Act 1966 "; page 26 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Consequential and miscellaneous amendments to Acts Schedule 2 (c) after section 9(3) the following subsection is inserted -- " (4) Land referred to in subsection (3) is to be regarded as being a departmental area for the purposes of the 5 Maritime Act 1999. ". [* Act No. 44 of 1990. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 103-4.] 10 5. Land Administration Act 1997 amended The Land Administration Act 1997* is amended as follows: (a) in section 159(f) by deleting "Marine and Harbours Act 1981" and inserting instead -- " Maritime Act 1999 "; 15 (b) in section 160(1)(f) by deleting "Marine and Harbours Act 1981" and inserting instead -- " Maritime Act 1999 ". [* Act No. 30 of 1997. For subsequent amendments see 1998 Index to Legislation of 20 Western Australia, Table 1, p. 136, and Act No. 26 of 1999.] 6. Litter Act 1979 amended Section 26(2)(c)(ix) of the Litter Act 1979* is deleted and the following subparagraph is inserted instead -- " 25 (ix) an authorized officer, under the Maritime Act 1999; ". [* Reprinted as at 4 January 1999.] page 27 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Schedule 2 Consequential and miscellaneous amendments to Acts 7. Mining Act 1978 amended The Mining Act 1978* is amended as follows: (a) in section 24A(3) and (6) by deleting "marine" and inserting instead -- 5 " maritime "; (b) in section 24A(9) in the definition of "marine Minister" -- (i) by deleting "marine" and inserting instead -- " maritime "; (ii) by deleting "Marine and Harbours Act 1981" and 10 inserting instead -- " Maritime Act 1999 "; (c) in section 25(2)(b) by deleting "Marine and Harbours Act 1981" and inserting instead -- " Maritime Act 1999 ". 15 [* Reprinted as at 26 July 1999.] 8. Pollution of Waters by Oil and Noxious Substances Act 1987 amended The Pollution of Waters by Oil and Noxious Substances Act 1987* is amended as follows: 20 (a) in section 3(1) in the definition of "harbour master" by deleting "section 4 of the Shipping and Pilotage Act 1967" and inserting instead -- " section 35 of the Maritime Act 1999 "; (b) in section 3(1) in the definition of "inspector" by deleting 25 "inspector for the purposes of the Western Australian Marine Act 1982" and inserting instead -- " authorized officer for the purposes of the Maritime Act 1999 30 "; page 28 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Consequential and miscellaneous amendments to Acts Schedule 2 (c) in section 3(1) by deleting the definitions of "pleasure vessel" and "trading ship" and inserting instead -- " "recreational vessel" means a vessel held wholly for the 5 purpose of recreational or sporting activities and not for hire or reward; "trading ship" means a ship that is used for, or in connection with, any business or commercial activity and includes a vessel that is used wholly or 10 principally for -- (a) the carriage of passengers or cargo for hire or reward; or (b) the provision of services to ships or shipping, whether for reward or otherwise, 15 but does not include an Australian fishing vessel. "; (d) in section 8(6)(a)(v), (b)(iv), (e)(iii) and (g)(iii) by deleting "by regulations made by virtue of section 90B of the Western Australian Marine Act 1982 or"; 20 (e) in section 13(1)(c) by deleting "pleasure" and inserting instead -- " recreational ". [* Act No. 14 of 1987. For subsequent amendments see 1998 Index to Legislation of 25 Western Australia, Table 1, p. 197.] page 29 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Schedule 2 Consequential and miscellaneous amendments to Acts 9. Port Authorities Act 1999 amended The Port Authorities Act 1999* is amended as follows: (a) in section 95(1), after the definition of "approved", by inserting the following definition -- 5 " "certificated" means holding a valid certificate of competency (within the meaning of the Maritime Act 1999) as a pilot for the port; "; 10 (b) in section 96(1) by deleting "competent and suitably qualified" and inserting instead -- " certificated "; (c) after section 96(3) by inserting the following subsection -- " 15 (3a) The approval of a person under subsection (1) ceases to have effect if the person ceases to be certificated. ". [* Act No. 22 of 1999.] 20 10. Public Works Act 1902 amended The Public Works Act 1902* is amended as follows: (a) in section 5A(g) by deleting "Marine and Harbours Act 1981" and inserting instead -- " 25 Transport Co-ordination Act 1966 and the Maritime Act 1999 "; page 30 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Consequential and miscellaneous amendments to Acts Schedule 2 (b) in section 5B(1)(e) by deleting "Marine and Harbours Act 1981" and inserting instead -- " Transport Co-ordination Act 1966 and the 5 Maritime Act 1999 ". [* Reprinted as at 27 August 1999.] 11. Rottnest Island Authority Act 1987 amended Section 13(3)(b) of the Rottnest Island Authority Act 1987* is 10 amended by deleting "Marine and Harbours Act 1981" and inserting instead -- " Maritime Act 1999 ". [* Act No. 91 of 1987. For subsequent amendments see 1998 Index to Legislation of 15 Western Australia, Table 1, p. 221.] 12. Sentencing Act 1995 amended Section 107(1), (3) and (4) of the Sentencing Act 1995* are amended by deleting "Western Australian Marine Act 1982" and inserting instead -- 20 " Maritime Act 1999 ". [* Reprinted as at 16 April 1999.] 13. Swan River Trust Act 1988 amended The Swan River Trust Act 1988* is amended as follows: (a) in section 5(1)(c)(ii) by deleting "in the Port of Perth"; page 31 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Schedule 2 Consequential and miscellaneous amendments to Acts (b) in section 12(1)(d) by deleting "Marine and Harbours Act 1981" and inserting instead -- " Maritime Act 1999 ". [* Reprinted as at 10 September 1999.] 5 14. Unclaimed Money Act 1990 amended After section 9(1)(h) of the Unclaimed Money Act 1990* the following paragraph is inserted -- " (ha) which is not for the time being disbursable 10 prescribed retained money and represents the net proceeds of a sale of property authorized by the Maritime Act 1999 is, or is liable to be, paid to the Treasurer; ". 15 [* Act No. 31 of 1990. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 259, and Acts Nos. 5 and 26 of 1999.] 15. Waterways Conservation Act 1976 amended 20 Section 48(5a)(b) of the Waterways Conservation Act 1976* is amended by deleting "Western Australian Marine Act 1948" and inserting instead -- " Maritime Act 1999 ". [* Reprinted as at 1 March 1996. 25 For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 268.] page 32 Maritime and Transport Legislation Amendment and Repeal Bill 1999 Consequential and miscellaneous amendments to Acts Schedule 2 16. Western Australian Marine (Sea Dumping) Act 1981 The Western Australian Marine (Sea Dumping) Act 1981* is amended as follows: (a) in section 2 in the definition of "inspector" by deleting 5 paragraph (b) and inserting the following paragraph instead -- " (b) a person who is an inspector by force of section 21; 10 "; (b) in section 2 in paragraph (i) of the definition of "port waters" by deleting "Shipping and Pilotage Act 1967" and inserting instead -- " Maritime Act 1999 "; 15 (c) in section 14(8)(b)(i) by deleting "Shipping and Pilotage Act 1967" and inserting instead -- " Maritime Act 1999 "; (d) by deleting section 21(b) and inserting the following paragraph instead -- 20 " (b) an authorized officer as defined by the Maritime Act 1999, ". [* Act No. 111 of 1981. 25 For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 271.]
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