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This is a Bill, not an Act. For current law, see the Acts databases.


MARITIME AND TRANSPORT LEGISLATION AMENDMENT AND REPEAL BILL 1999

                       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     Acts in Schedule 1 repealed                    3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     Section 18 repealed                                      17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
                                                                           ";



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     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;




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            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.




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     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, ".




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            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.




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     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;



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           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.
                                                                                    ".




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     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.



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     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


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           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.


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     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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