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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Maritime Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
4. Crown is bound by this Act 9
5. Waters, areas and vessels to which this Act applies 9
6. Navigable waters 11
7. Vessels and owners 11
Part 2 -- Ports, maritime facilities and
structures, and mooring control
Division 1 -- Ports, maritime facilities and their
operation
8. Ports 13
9. Maritime facilities 13
10 . Development of ports and maritime facilities 14
11 . Operation of ports and maritime facilities 14
Division 2 -- Appointment of operators
12 . Director General may invite applications 15
13 . Application 15
14 . Appointment of operator 15
15 . Terms and conditions of appointment 16
page i
39--1
Maritime Bill 1999
Contents
16 . Duration of appointment 16
17 . Publication of appointments 17
18 . Other laws not affected 17
19 . Operator may ask for regulations to be made 17
20 . Operational audit 18
21 . Failure to comply with appointment agreement 18
22 . Right of operator to make submissions 19
23 . Exception where public health endangered 19
24 . Termination of appointment 19
25 . Transitional arrangements 20
26 . Advice to Minister about performance of operator 21
27 . How planning and building requirements apply to
operators 21
Division 3 -- Licensing of maritime services
28 . Definition 23
29 . Regulations may provide for licensing 23
30 . Services that can be licensed 23
31 . Licences: issue, direction, conditions etc. 24
32 . Licence may continue beyond operator's appointment 24
33 . Exclusive licences 24
Division 4 -- Harbour masters and maritime facility
managers
34 . "Port" includes certain other areas 25
35 . Appointment of harbour masters 25
36 . Principal functions of harbour masters 26
37 . Directions as to vessels 26
38 . Directions as to dangerous things 27
39 . Removal of ownerless vessels or dangerous things 28
40 . Failure to obey directions 28
41 . Recovery of costs 29
42 . Immunity from liability 29
43 . Offence of hindering 30
44 . Maritime facility managers 30
Division 5 -- Maritime structures
45 . Interpretation 31
46 . Application 31
page ii
Maritime Bill 1999
Contents
47 . Maritime structures to be approved or licensed 31
48 . Annual levy for maritime structures 32
49 . Unauthorized or unsafe maritime structures 32
50 . Appeals against licensing decisions of Director
General 33
51 . Minister and Department may provide navigational
aids 34
52 . Interference with navigational aids 35
53 . Responsibility for damage to maritime structures 36
Division 6 -- Mooring control
54 . Division does not apply to port authority waters 37
55 . Mooring control areas 37
56 . Mooring prohibition areas 38
57 . Mooring area licences 39
Division 7 -- Departmental areas
58 . Erection of notices and signs 41
Part 3 -- Safe navigation
Division 1 -- Navigation control notices
59 . Publication of notices 42
60 . Director General's powers 43
61 . Notices must be obeyed 44
Division 2 -- Registration of vessels
62 . Director General may register vessels 44
63 . Offence of having or using unregistered vessels 45
64 . Offence of using registered vessels contrary to
conditions 45
65 . Offences relating to hiring of unregistered vessels 45
Division 3 -- Certificates of competency
66 . Certificates of competency 45
67 . Appeals against decisions relating to certificates 46
68 . Misrepresentations in relation to applications for
certificates 46
Division 4 -- Pilots and pilotage
69 . Terms used in this Division 47
page iii
Maritime Bill 1999
Contents
70 . Application 48
71 . Approval of pilots 48
72 . Offence of acting as pilot when not approved 49
73 . Provision of pilotage services 49
74 . When pilotage is required 49
75 . Pilot under authority of master 50
76 . Liability of owner or master of a vessel 50
77 . Immunity from liability for pilot's negligence 50
Division 5 -- Safe operation of vessels
78 . Crewing requirements and crew qualifications 51
79 . Exemptions from compliance with certain regulations 52
80 . Additional crewing requirements 52
81 . Deck lines, load lines and overloading 53
82 . Responsibility for safe operation of vessels 54
83 . Duties of masters in controlling certain vessels 55
84 . Unlawfully assuming control of a vessel 55
85 . Maintenance of log books 55
86 . Dangerous, reckless or careless navigation 56
87 . Navigation under influence of alcohol, etc. 57
Division 6 -- Dealing with unsafe vessels
88 . Meaning of "unsafe" 58
89 . Use of unsafe vessels 58
90 . Provisional detention of unsafe vessels 59
91 . Release by agreement 60
92 . Order for release or permanent detention 60
93 . Enforcing detention of unsafe vessels 61
94 . Power to order vessel to return to shore 61
Division 7 -- Navigational hazards
95 . Removal of things causing hazards or obstructions 63
96 . Disposal of dangerous things, etc. in navigable waters 64
Division 8 -- Distress, emergencies and collisions
97 . Obligation to render assistance 65
98 . Emergency powers of Director General 66
99 . Duties of masters in case of collisions 67
100 . Reporting of marine incidents 68
101 . False distress signals 69
page iv
Maritime Bill 1999
Contents
Division 9 -- Safety plans
102 . Marine safety plans 70
Part 4 -- International conventions
103 . Meaning of terms 72
104 . Declaration of conventions 72
105 . Regulations may give effect to conventions 72
106 . General provisions as to regulations 73
107 . Regulations giving effect to Container Convention 74
108 . Regulations giving effect to Limitation Convention 74
109 . Application to determine liability if Limitation
Convention applies 75
110 . Offences against regulations giving effect to
Prevention of Collisions Convention 76
Part 5 -- Marine Inquiries and Courts of
Marine Inquiry
Division 1 -- Marine Inquiries
111 . Marine Inquiries into marine incidents 77
112 . Powers of inquiring officers 77
113 . Inquiries into incompetence or misconduct 78
Division 2 -- Courts of Marine Inquiry
114 . Establishment of Courts of Marine Inquiry 79
115 . Composition of Court of Marine Inquiry 79
116 . Investigations by Courts of Marine Inquiry 80
117 . Powers and duties in respect of vessels and
authorizations 80
118 . Report on investigation 81
119 . Rehearing 81
120 . Officers of Courts of Marine Inquiry 81
121 . Rules about Courts of Marine Inquiry 81
Part 6 -- Maritime Appeal Tribunal
122 . Establishment of Maritime Appeal Tribunal 83
123 . Composition of Tribunal 83
124 . Procedure relating to appeals 84
page v
Maritime Bill 1999
Contents
125 . Determination of appeal 85
126 . Rules about the Tribunal 86
Part 7 -- Maritime dues and charges
127 . Maritime dues 87
128 . Departmental charges for maritime services and
infrastructure 88
129 . Charges by operators for maritime services and
infrastructure 89
Part 8 -- Enforcement
Division 1 -- Authorized officers
130 . Appointment of authorized officers 90
131 . General powers of authorized officers 90
132 . Authorized officer may request names and addresses 91
Division 2 -- Offences: procedure and evidence
133 . Definition 92
134 . Jurisdiction as to offences 92
135 . Institution of proceedings 92
136 . Speed measuring equipment 92
137 . Requirement to submit sample of breath or blood for
analysis 93
138 . Application of provisions of Road Traffic Act 1974 96
139 . Proof and evidence of certain matters in proceedings
for offences 97
Division 3 -- Infringement notices
140 . References to "penalties officer" 98
141 . Serving of notice 99
142 . Content of notice 99
143 . Extension of time 99
144 . Withdrawal of notice 100
145 . Benefit of paying modified penalty 100
146 . Application of penalties collected 100
147 . Owner onus in relation to vessels 100
page vi
Maritime Bill 1999
Contents
Part 9 -- Miscellaneous
Division 1 -- General
148 . Hindering the performance of functions 103
149 . Exemptions and equivalents 103
150 . Evidence of documents and proof of signature 104
151 . Admissibility of documents in evidence 104
152 . Protection from liability 105
Division 2 -- Service of documents
153 . Meaning of terms used 106
154 . Service of notices 106
155 . Notices may be served on board or sent to a vessel 106
156 . Substituted service if there is no master 107
157 . Legal process may be served on board a vessel 107
Part 10 -- Regulations
158 . General power to make regulations 108
159 . Offences against regulations 108
160 . Adoption of other laws, codes etc. 108
161 . References to other approvals or decisions 109
162 . Licensing 109
Part 11 -- Review of Act
163 . Minister to review and report on Act 111
Schedule 1 -- Names and boundaries of
ports
1. Port of Barrow Island 112
2. Port of Carnarvon 112
3. Port of Derby 113
4. Port of Onslow 114
5. Port of Port Walcott 115
6. Port of Varanus Island 115
7. Port of Wyndham 116
8. Port of Yampi Sound 116
page vii
Maritime Bill 1999
Contents
Schedule 2 -- Terms and conditions of
appointment
1. Terms and conditions 117
2. Definitions 118
Schedule 3 -- Purposes for which, or
matters about which, regulations may be
made
1. Vessels 119
2. Certificates of competency and safe crewing 120
3. Vessel safety standards 120
4. Operational safety 121
5. Maritime structures and other infrastructure generally 122
6. Jetties 122
7. Mooring control 124
8. Pilotage 125
9. Control of departmental areas 125
10 . Licences, registration and other authorizations 127
11 . Payment of fees and charges 127
12 . Ports and maritime facilities operated by appointed
operators 128
13 . General 128
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
Maritime Bill 1999
A Bill for
An Act to --
• enable the provision of the infrastructure necessary for
the efficient and safe conduct of the maritime activities
and industries of Western Australia;
• facilitate safety in relation to the design standards,
construction, operation and navigation of vessels,
and to provide for related matters.
The Parliament of Western Australia enacts as follows:
page 1
Maritime Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Maritime Act 1999.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Definitions
In this Act, unless the contrary intention appears --
10 "appointed operator" means a person appointed under Part 2
Division 2 to operate a port or a maritime facility or, if
rights or obligations of that person under the appointment
agreement are assigned under the appointment agreement
to another person, that other person;
15 "appointment agreement" has the meaning given by
section 14(1);
"approved" means approved by the Director General;
"authorization" means a licence, permit, approval, permission,
certificate, registration or accreditation under this Act;
20 "authorized officer" means a person who is an authorized
officer under section 130(1) for the purposes of this Act or
for the purposes of the provision in which the term is used;
"blood alcohol content" means the number of grams of alcohol
contained in 100 millilitres of a person's blood;
25 "certificated", in relation to a person, means holding a
certificate of competency that is relevant and valid;
page 2
Maritime Bill 1999
Preliminary Part 1
s. 3
"certificate of competency" means --
(a) a certificate of competency issued under the
regulations; or
(b) an external qualification recognized under the
5 regulations;
"channel" includes a swinging basin, turning circle, area
alongside a jetty, fairway or anchorage;
"condition" includes restriction or limitation;
"Court of Marine Inquiry" means a Court of Marine Inquiry
10 established under Part 5 Division 2;
"dangerous thing" means --
(a) a vessel or part of a vessel;
(b) a wreck and any cargo, fuel or other thing on or in it;
or
15 (c) any other thing,
that is likely to be a danger to persons, navigation or the
environment;
"Department" has the same meaning as it has in the Transport
Co-ordination Act 1966;
20 "departmental area" means land, water or seabed --
(a) the care, control and management of which have been
placed with the Minister under the Land
Administration Act 1997 for the purposes of this Act
or for other maritime or port purposes;
25 (b) vested in the Minister under the Transport
Co-ordination Act 1966 for the purposes of this Act
or for other maritime or port purposes;
(c) which is otherwise under the care, control and
management of the Minister for the purposes of this
30 Act or for other maritime or port purposes; or
page 3
Maritime Bill 1999
Part 1 Preliminary
s. 3
(d) on which there is a jetty or other infrastructure
provided by, or under the control of, the Minister or
the Department;
"Director General" has the same meaning as it has in the
5 Transport Co-ordination Act 1966;
"exemption" means an exemption under this Act;
"external qualification" means a certificate or other document
that was issued outside the State and evidences competency;
"goods" includes --
10 (a) merchandise, wares, chattels and other articles,
whether manufactured or of any other kind;
(b) minerals and mineral products;
(c) petroleum and hydrocarbon products;
(d) forestry and agricultural products;
15 (e) fish products; and
(f) livestock, agricultural products and other products of
primary production;
"harbour master" means a person appointed under section 35
to be the harbour master or acting harbour master of a port
20 or authorized under that section to perform the harbour
master's functions;
"hinder" includes assault, obstruct, intimidate, use abusive or
offensive language to, or disobey;
"infrastructure" means facilities provided for or in relation to
25 maritime activities or the administration of a place where
maritime activities are carried out and includes --
(a) maritime structures and other buildings, structures
and enclosures;
(b) railways; and
30 (c) machinery, equipment, vessels, vehicles and aircraft;
page 4
Maritime Bill 1999
Preliminary Part 1
s. 3
"jetty" includes --
(a) a pier, wharf, quay, grid, slipway, landing place,
stage, platform or similar structure, whether fixed or
floating, erected or placed, wholly or in part, in, on,
5 over or alongside any navigable waters; and
(b) a ramp that is or may be used for the purpose of
launching or landing a vessel,
but does not include a registered vessel;
"marine incident" means an incident involving --
10 (a) a vessel to which this Act applies; or
(b) a vessel that is on waters to which this Act applies;
"maritime activities" means --
(a) the movement, mooring, hauling out, maintenance
and launching of vessels;
15 (b) the movement of, and provision of services to,
passengers of vessels; and
(c) the movement, handling and storage of goods;
"maritime facility" means a maritime facility declared under
section 9;
20 "maritime services" means --
(a) carrying out maritime activities;
(b) dredging, engineering, maritime civil construction,
pollution management, security, pilotage, towage,
vessel movement control, emergency response, shore
25 stabilization and waste management services;
(c) supplying provisions or equipment to vessels;
(d) supplying water, fuel or electricity;
(e) providing for the use or hire of maritime structures or
other infrastructure;
page 5
Maritime Bill 1999
Part 1 Preliminary
s. 3
(f) providing labour for any purpose; and
(g) any other services prescribed by regulation for the
purposes of this definition;
"maritime structure" means --
5 (a) a jetty;
(b) a breakwater, groyne or seawall;
(c) a dredged channel;
(d) a boat pen or vessel mooring;
(e) a navigational aid; or
10 (f) a pipeline in, over, under or discharging into
navigable waters (but not a pipeline discharging
material from a dredging vessel);
"master" means any person having command or charge of a
vessel otherwise than as a pilot;
15 "Minister" means the Minister administering the Transport
Co-ordination Act 1966;
"mooring", in relation to vessels, includes anchoring and
berthing;
"mooring area licence" has the meaning given by section 57;
20 "mooring control area" means an area of navigable waters
declared under section 55 to be a mooring control area;
"mooring prohibition area" means an area of navigable waters
declared under section 56(2) to be a mooring prohibition
area;
25 "movement", in relation to --
(a) goods, includes loading and unloading;
(b) passengers, includes boarding and going ashore;
"navigable waters" has the meaning given by section 6;
page 6
Maritime Bill 1999
Preliminary Part 1
s. 3
"Navigation Act" means the Navigation Act 1912 of the
Commonwealth;
"navigation control notice" has the meaning given by
section 59;
5 "navigational aid" means an apparatus, device, mark or
structure that --
(a) is or is intended to be an aid to marine navigation; or
(b) emits or transmits a light, sound, radio, electronic or
other signal that is or is intended to be an aid to
10 marine navigation;
"officer" means an officer of the Department;
"operate", in relation to a port or maritime facility, means to --
(a) provide, manage and operate infrastructure or arrange
for infrastructure to be provided, managed and
15 operated; and
(b) provide maritime services or arrange for maritime
services to be provided,
at or for the port or maritime facility;
"operator", in relation to a port or a maritime facility,
20 means --
(a) the appointed operator; or
(b) if there is no appointed operator, the Minister;
"owner", in relation to a vessel, includes --
(a) if the vessel is owned by a body corporate or
25 unincorporate, a person nominated under section 7(3)
as the owner of the vessel;
(b) a person who is purchasing the vessel under a
contract that is a credit sale contract for the purposes
of the Credit Act 1984;
page 7
Maritime Bill 1999
Part 1 Preliminary
s. 3
(c) a person who is the purchaser or hirer of the vessel
under a contract that for the purposes of the
Consumer Credit (Western Australia) Code is a credit
contract, or is to be regarded as a credit contract, to
5 which that Code applies;
(d) a person who has the use of the vessel under a hiring,
hire purchase, lease, loan, charter or other agreement;
and
(e) a person in whose name the vessel is registered,
10 whether under this Act or under any corresponding
law of the Commonwealth or another State or a
Territory,
but does not include an unpaid vendor under a hire
purchase agreement or the lessor under a lease or a person
15 of a class excluded by the regulations from the operation of
this definition;
"port" means a port named in Schedule 1;
"port authority" means a port authority established under the
Port Authorities Act 1999;
20 "port authority port" means a port named in Schedule 1 to the
Port Authorities Act 1999;
"public authority" means --
(a) a Minister;
(b) an agency as defined in the Public Sector
25 Management Act 1994; or
(c) a body, whether corporate or unincorporate, or the
holder of an office, post or position, being a body or
office, post or position that is established or
continued for a public purpose under a written law,
30 including a local government or regional local
government;
page 8
Maritime Bill 1999
Preliminary Part 1
s. 4
"public jetty" means a jetty the property of the State or vested
in any person on behalf of the State;
"registered" means registered under the regulations;
"Tribunal" means the Maritime Appeal Tribunal established by
5 Part 6;
"under compulsory pilotage", in relation to a vessel, means
under the control of a pilot as required under section 74;
"use", in relation to a vessel, includes to operate, manage or be
in control of the vessel, and a vessel is regarded as being
10 used even when it is under tow;
"vessel" has the meaning given by section 7.
4. Crown is bound by this Act
(1) This Act binds the Crown not only in right of Western Australia
but also, so far as the legislative power of Parliament permits,
15 the Crown in all its other capacities.
(2) This Act does not render the Crown (as distinct from any of its
agencies, instrumentalities or employees) liable to be prosecuted
for an offence created by this Act.
5. Waters, areas and vessels to which this Act applies
20 (1) This Act applies to --
(a) navigable waters;
(b) land that may at some time be covered by tidal waters
even if it is not so covered for the time being;
(c) departmental areas;
25 (d) land in a port or maritime facility;
(e) a vessel that is within navigable waters;
page 9
Maritime Bill 1999
Part 1 Preliminary
s. 5
(f) a vessel on an intra-State voyage whether or not the
vessel is within navigable waters;
(g) a vessel connected with the State whether or not the
vessel is within navigable waters; and
5 (h) a vessel not subject to the Navigation Act if the vessel is
on an inter-State voyage or an overseas voyage and the
voyage begins at, ends at, or involves a call at, a place in
the State, whether or not the vessel is within navigable
waters.
10 (2) In subsection (1) --
"inter-State voyage" has the same meaning as it has in the
Navigation Act;
"intra-State voyage" means a voyage other than an inter-State
voyage or overseas voyage;
15 "overseas voyage" has the same meaning as it has in the
Navigation Act.
(3) A vessel is connected with the State for the purposes of
subsection (1)(g) if --
(a) it is owned or used by a person --
20 (i) whose place of residence or principal place of
residence is in the State;
(ii) whose place of business or principal place of
business is in the State; or
(iii) whose principal place of business for managing
25 the operations of the vessel is in the State;
(b) it is, or is required to be, registered under this or another
Act; or
(c) it is a vessel declared by the regulations to be connected
with the State.
page 10
Maritime Bill 1999
Preliminary Part 1
s. 6
6. Navigable waters
A reference in this Act to navigable waters is a reference to the
following --
(a) the territorial sea adjacent to the State;
5 (b) the sea on the landward side of the territorial sea
adjacent to the State that is not within the limits of the
State;
(c) waters within the limits of the State on which a vessel
can be navigated.
10 7. Vessels and owners
(1) A reference in this Act to a vessel is a reference to any thing
used, or capable of being used, in navigation by water, and
includes a reference to --
(a) an air-cushion vehicle, seaplane or other similar craft; or
15 (b) a barge, lighter or other floating structure used for
commercial purposes other than a structure of a class or
kind prescribed for the purposes of this paragraph.
(2) A thing can be a vessel for the purposes of this Act --
(a) no matter how it is moved or propelled; and
20 (b) even if it is normally stationary.
(3) A body corporate or unincorporate that owns a vessel of a class
prescribed for the purposes of this subsection must, by written
notice served on the Director General, nominate a person as the
owner of the vessel for the purposes of paragraph (a) of the
25 definition of "owner" in section 3.
(4) A nomination made under subsection (3) may be revoked and
replaced by another nomination under that subsection.
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Maritime Bill 1999
Part 1 Preliminary
s. 7
(5) A body corporate or unincorporate that owns a vessel to which
subsection (3) does not apply may, by written notice served on
the Director General --
(a) nominate a person as the owner of the vessel for the
5 purposes of paragraph (a) of the definition of "owner" in
section 3; or
(b) revoke a nomination made under this subsection.
page 12
Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Ports, maritime facilities and their operation Division 1
s. 8
Part 2 -- Ports, maritime facilities and structures, and
mooring control
Division 1 -- Ports, maritime facilities and their operation
8. Ports
5 (1) Each port named in Schedule 1 is declared to be a port for the
purposes of this Act bounded by the limits described in
Schedule 1 in relation to that port.
(2) The Minister may, by notice published in the Gazette, amend
Schedule 1 by --
10 (a) adding the name of a port and its description;
(b) deleting the name of a port and its description;
(c) amending the name of a port;
(d) altering the description of a port to include or exclude an
area of land, water or seabed; or
15 (e) correcting any error in the description of a port.
(3) A port authority port is not a port for the purposes of this Act
and a notice under subsection (2) cannot relate to a port
authority port or any part of a port authority port.
9. Maritime facilities
20 (1) The Minister may by notice published in the Gazette, declare --
(a) a maritime structure or group of maritime structures; or
(b) an area of enclosed or protected waters used by vessels
together with associated facilities on land,
to be a maritime facility for the purposes of this Act.
25 (2) A notice under subsection (1) cannot relate to --
(a) a port or a port authority port; or
page 13
Maritime Bill 1999
Part 2 Ports, maritime facilities and structures, and mooring control
Division 1 Ports, maritime facilities and their operation
s. 10
(b) a maritime structure, group of maritime structures, or
waters within a port or a port authority port.
(3) The Minister may by notice published in the Gazette--
(a) revoke a notice under subsection (1);
5 (b) alter the description of a maritime facility to include or
exclude --
(i) a maritime structure; or
(ii) an area of water and associated facilities on land;
or
10 (c) correct any error in the description of a maritime
facility.
10. Development of ports and maritime facilities
A notice under section 8(2)(a) or 9(1) can relate to a proposed
port or maritime facility that has yet to be established and, in
15 that case, references in this Division and Division 2 to --
(a) a port or maritime facility, include references to the
proposed port or maritime facility;
(b) the operation of a port or maritime facility, include
references to the development of the proposed port or
20 maritime facility.
11. Operation of ports and maritime facilities
(1) If a port or a maritime facility has an appointed operator that
operator is to operate the port or maritime facility under and
subject to the appointment agreement.
25 (2) If a port or a maritime facility does not have an appointed
operator the Minister is responsible for the operation of the port
or maritime facility.
page 14
Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Appointment of operators Division 2
s. 12
Division 2 -- Appointment of operators
12. Director General may invite applications
(1) The Director General may by advertisement or negotiation, or
both, invite applications from persons for appointment to
5 operate a port or maritime facility.
(2) The Director General must get the Minister's approval before
inviting applications under subsection (1) by negotiation.
(3) The Minister is not to give approval under subsection (2) unless
the Minister considers that proceeding by way of negotiation is
10 more in the public interest than proceeding by way of
advertisement.
13. Application
(1) An application for appointment to operate a port or maritime
facility is to be in an approved form.
15 (2) If the Director General so requires, the applicant must also
provide other information to enable the application to be
properly assessed.
(3) If the Director General so requires, the applicant must pay an
application fee determined by the Director General to cover
20 administrative costs associated with assessing the application
and making an appointment.
14. Appointment of operator
(1) Subject to subsection (2), the Director General may, by
agreement in writing with an applicant (the "appointment
25 agreement") appoint the applicant to operate a port or maritime
facility.
page 15
Maritime Bill 1999
Part 2 Ports, maritime facilities and structures, and mooring control
Division 2 Appointment of operators
s. 15
(2) The Director General is not to appoint the applicant to operate
the port or maritime facility unless satisfied that the applicant
has, and is likely to continue to have, the financial and technical
ability to operate the port or maritime facility satisfactorily.
5 15. Terms and conditions of appointment
(1) The appointment of an operator is subject to such terms and
conditions as are set out in the appointment agreement.
(2) The terms and conditions set out in the appointment agreement
can be amended from time to time by agreement between the
10 Director General and the operator.
(3) Without limiting subsection (1) or (2) the appointment
agreement may include provisions relating to --
(a) any matter provided for by Schedule 2;
(b) the payment of amounts by the appointed operator to the
15 Director General, or by the Director General to the
operator, in respect of the appointment or of the
operation of the port or maritime facility; and
(c) in the case of a maritime facility, the times at which, or
circumstances in which, obligations of the appointed
20 operator in respect of the operation of the maritime
facility have effect.
16. Duration of appointment
(1) The appointment of an operator has effect for the period set out
in the appointment agreement.
25 (2) The period set out in the appointment agreement is not to
exceed 50 years unless a longer period is provided for by a State
agreement relating to the port or maritime facility.
page 16
Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Appointment of operators Division 2
s. 17
(3) In subsection (2) --
"State agreement" means an agreement --
(a) to which the State is a party; and
(b) which is ratified by an Act or the execution of which
5 is authorized or approved by an Act.
(4) The Director General may, by notice in writing to an operator,
extend the appointment of the operator for a period or periods
not exceeding (in the aggregate) 10 years.
17. Publication of appointments
10 (1) The Director General must ensure that notice of the appointment
of an operator is published in the Gazette as soon as is
practicable after the appointment is made.
(2) The notice is to include --
(a) the name of the port or maritime facility;
15 (b) the name of the appointed operator; and
(c) the period of the appointment.
(3) The Director General is to keep a copy of every appointment
agreement, as in force from time to time.
18. Other laws not affected
20 The appointment of an operator does not affect the operator's
obligations to comply with any other written law in relation to
the matters covered by the appointment agreement.
19. Operator may ask for regulations to be made
An appointed operator may, by written notice to the Minister,
25 ask for regulations to be made under the Act in relation to the
port or maritime facility.
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Part 2 Ports, maritime facilities and structures, and mooring control
Division 2 Appointment of operators
s. 20
20. Operational audit
(1) It is a condition of the appointment of an operator that the
operator is to, not less than once in every period of 24 months
(or such longer period as the Director General allows), provide
5 the Director General with an operational audit conducted by an
independent expert acceptable to the Director General.
(2) An operational audit is an audit of the effectiveness of measures
taken by the appointed operator to comply with the terms and
conditions of its appointment.
10 21. Failure to comply with appointment agreement
(1) If, in the opinion of the Minister, an appointed operator
contravenes the terms or conditions of its appointment, the
Minister may cause a notice to be served on the operator
requiring the operator to rectify the contravention within a
15 specified period.
(2) If, in the opinion of the Minister, an appointed operator has
failed to comply with a notice under subsection (1) the Minister
may, subject to section 22, do one or more of the following --
(a) serve a letter of reprimand on the operator;
20 (b) order the operator to pay a monetary penalty fixed by
the Minister but not exceeding $100 000;
(c) cause the contravention to be rectified to the satisfaction
of the Minister.
(3) Persons authorized by the Minister may enter any premises and
25 do all things that are necessary for the purposes of
subsection (2)(c).
(4) The Minister may recover --
(a) a penalty imposed under subsection (2)(b); or
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Ports, maritime facilities and structures, and mooring control Part 2
Appointment of operators Division 2
s. 22
(b) the costs and expenses of any action taken under
subsection (2)(c),
in a court of competent jurisdiction as a debt due by the
appointed operator to the State.
5 22. Right of operator to make submissions
The Minister is not to take any action under section 21(2)(b)
or (c) unless the Minister has notified the appointed operator of
the proposed action and given the operator a reasonable
opportunity of making submissions on the matter.
10 23. Exception where public health endangered
If in the opinion of the Minister the health or safety of members
of the public is or may be at risk, the Minister may cause a
contravention to be rectified under section 21(2)(c) without --
(a) serving notice on the appointed operator under
15 section 21(1); or
(b) complying with section 22.
24. Termination of appointment
(1) The Governor may terminate an operator's appointment if
satisfied that the operator --
20 (a) is in default as defined in subsection (2);
(b) has within a period of 5 years been convicted of 3 or
more offences for which the prescribed punishment is a
fine of $20 000 or more or imprisonment for 20 months
or more,
25 and that termination of the appointment is appropriate in the
circumstances.
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Part 2 Ports, maritime facilities and structures, and mooring control
Division 2 Appointment of operators
s. 25
(2) For the purposes of subsection (1)(a) an appointed operator is in
default if the Governor is satisfied that --
(a) the operator has contravened a term or condition of its
appointment or has otherwise committed an act of
5 default under its appointment;
(b) the contravention is material in terms of the appointment
as a whole;
(c) the Minister has served the operator with written notice
of the contravention and of the fact that in the Minister's
10 opinion paragraph (b) applies to it; and
(d) the operator has not, within the time specified in the
notice, either remedied the contravention or shown
cause why the appointment should not be terminated.
(3) An appointed operator may terminate its appointment as
15 operator by written notice given to the Director General in
accordance with the appointment agreement.
(4) If an operator's appointment is terminated under this section the
Director General must ensure that notice of the termination is
published in the Gazette.
20 25. Transitional arrangements
(1) Regulations may provide, in the event of an operator's
appointment being terminated, for --
(a) the vesting of assets and rights of the former operator in
a person (including the Minister as a body corporate
25 under another written law) for the purpose of enabling
the port or maritime facility to be operated after the
termination;
(b) the conferral of powers and duties for that purpose;
(c) the discharge or assignment of liabilities;
30 (d) the disposal of property; and
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Ports, maritime facilities and structures, and mooring control Part 2
Appointment of operators Division 2
s. 26
(e) all matters that are necessary or convenient for dealing
with the consequences of the termination and the vesting
referred to in paragraph (a).
(2) A reference in subsection (1) to the termination of an
5 appointment includes a reference to an appointment expiring
and not being renewed.
26. Advice to Minister about performance of operator
The Director General is to --
(a) monitor and report to the Minister on the performance of
10 an appointed operator;
(b) inform the Minister about any failure by an appointed
operator to meet requirements of this Act or its
appointment agreement; and
(c) provide advice to the Minister for the purposes of
15 section 21.
27. How planning and building requirements apply to operators
(1) In this section --
"Building Code" means the latest edition of the Building Code
of Australia published from time to time by, or on behalf
20 of, the Australian Building Codes Board, as amended from
time to time, but not including explanatory information
published with that Code;
"performance requirements" means the provisions of the
Building Code that set out the technical requirements in
25 accordance with which buildings must be built;
"port operator" means --
(a) an appointed operator of a port; or
(b) a lessee or tenant of an appointed operator of a port;
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Part 2 Ports, maritime facilities and structures, and mooring control
Division 2 Appointment of operators
s. 27
"responsible Minister" means --
(a) in relation to a town planning matter, the Minister
administering the Town Planning and Development
Act 1928;
5 (b) in relation to a building matter, the Minister
administering the Local Government (Miscellaneous
Provisions) Act 1960;
"works" means works for the purposes of a port and
includes --
10 (a) designing, constructing, extending, maintaining,
removing or demolishing --
(i) maritime structures and other buildings,
structures and enclosures; and
(ii) railways, roads, bridges, dams and
15 embankments; and
(b) reclaiming land from the sea or a river.
(2) For the purposes of works and infrastructure --
(a) section 32 of the Town Planning and Development
Act 1928; and
20 (b) section 373(3) of the Local Government (Miscellaneous
Provisions) Act 1960,
apply to a port operator as if it were an agency of the Crown in
right of the State.
(3) Works and infrastructure are to be regarded as being public
25 works for the purposes of section 32 of the Town Planning and
Development Act 1928 as applied by subsection (2)(a).
(4) Subsection (2)(b) does not prevent the application of the
performance requirements of the Building Code to a building or
building work to which they would otherwise apply.
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Licensing of maritime services Division 3
s. 28
(5) A port operator is to consult with the relevant local government
before and during the carrying out of building work to ensure
that the performance requirements of the Building Code are
applied in accordance with subsection (3).
5 (6) If there is a dispute between a port operator and a local
government with respect to a town planning or building matter
relating to works or infrastructure, the parties to the dispute are
to refer it to the Minister.
(7) The Minister may, after consulting the responsible Minister,
10 make a decision on the dispute and that decision is final and
binding on the parties.
Division 3 -- Licensing of maritime services
28. Definition
In this Division --
15 "licence" means a licence under this Division.
29. Regulations may provide for licensing
(1) Regulations made in relation to a port or maritime facility may
prohibit a prescribed service from being provided at or in
relation to the port or maritime facility except under a licence
20 issued by the operator of the port or maritime facility.
(2) Neither the operator, nor a person acting on the operator's
behalf, needs a licence to provide a prescribed service.
30. Services that can be licensed
For the purposes of section 29 the following are prescribed
25 services at or in relation to a port or a maritime facility --
(a) pilotage services;
(b) towage services;
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Part 2 Ports, maritime facilities and structures, and mooring control
Division 3 Licensing of maritime services
s. 31
(c) stevedoring services; and
(d) maritime services of any other kind prescribed for the
purposes of this section in relation to the port or
maritime facility.
5 31. Licences: issue, direction, conditions etc.
(1) Regulations may provide for the following --
(a) the calling of applications or tenders for licences;
(b) the method of applying or tendering for licences;
(c) the issue, duration, renewal, suspension or cancellation
10 of licences;
(d) fees for the issue or renewal of licences.
(2) A licence may be issued on such conditions as the operator
thinks fit.
32. Licence may continue beyond operator's appointment
15 (1) A licence issued by an appointed operator continues to have
effect, under and subject to the regulations, even if the
operator's appointment expires or is terminated.
(2) An appointed operator must get the Director General's approval
before it issues a licence for a term that will extend beyond the
20 expiry of its appointment.
33. Exclusive licences
(1) An appointed operator must get the Minister's approval before it
issues a licence giving a person an exclusive right to provide
prescribed services of a particular kind.
25 (2) The Minister is not to give approval under subsection (1) unless
the Minister considers that the public benefits of exclusivity
exceed the public costs.
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Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Harbour masters and maritime facility managers Division 4
s. 34
Division 4 -- Harbour masters and maritime facility managers
34. "Port" includes certain other areas
A reference in this Division to a port includes a reference to --
(a) any area that is outside, but contiguous with, a port and
5 is declared by the regulations to be an adjacent area in
relation to the port; and
(b) any area that is declared under section 69(2) in relation
to the port.
35. Appointment of harbour masters
10 (1) The operator of a port is to appoint a competent and suitably
qualified person to be the harbour master of the port.
(2) The operator of a port may appoint a competent and suitably
qualified person to act in the office of harbour master of the port
if the harbour master is, or is expected to be, absent from the
15 port, or on leave, or unable for any other reason to perform the
functions of the office.
(3) If --
(a) the harbour master is unable to perform his or her
functions; and
20 (b) there is no acting harbour master or the acting harbour
master is also unable to perform those functions,
those functions may be performed by a person determined by
the operator of the port.
(4) The harbour master may, in writing, delegate any of his or her
25 functions, other than this power of delegation, to any person.
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Maritime Bill 1999
Part 2 Ports, maritime facilities and structures, and mooring control
Division 4 Harbour masters and maritime facility managers
s. 36
36. Principal functions of harbour masters
The principal functions of a harbour master are --
(a) to control the movement of vessels in the port;
(b) to control the mooring of vessels in the port;
5 (c) to ensure that the port is kept free of obstructions or
possible obstructions to vessels using the port;
(d) to ensure that the safety of people and property in the
port is not put at risk by vessels or dangerous things; and
(e) to ensure that the operations of the port in relation to
10 vessels are conducted safely and efficiently.
37. Directions as to vessels
(1) For the purpose of performing his or her principal functions, a
harbour master may direct the owner, master or person in charge
of a vessel to do all or any of the following --
15 (a) to ensure that the vessel does not enter the port;
(b) to navigate the vessel in a specified manner while it is in
the port;
(c) to moor the vessel in the port at a specified place and in
a specified manner;
20 (d) to move the vessel out of the port or to another place in
it;
(e) to do anything to or in relation to the means by which
the vessel is moored in the port.
(2) Subsection (1) does not authorize a harbour master to prevent a
25 vessel from entering the port, or direct that a vessel be moved
out of the port, unless the harbour master is satisfied that there is
no place in the port where the vessel can lie without --
(a) obstructing other vessels;
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Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Harbour masters and maritime facility managers Division 4
s. 38
(b) hindering the efficiency of the operations of the port;
(c) endangering the safety of people or property; or
(d) polluting the waters of the port.
(3) Subsection (2) does not affect the powers of a harbour master to
5 withhold services under regulations authorized by Schedule 3
item 11.1.
(4) When the safety of people or valuable property is in danger
from a vessel in a port and no other direction is reasonable in
the circumstances, the harbour master may direct the owner,
10 master or person in charge of the vessel to sink it immediately.
38. Directions as to dangerous things
(1) In this section --
"owner" means --
(a) in relation to a vessel or part of a vessel -- the owner
15 immediately before the time of the abandonment or
loss of the vessel or part of a vessel;
(b) in relation to anything in the water which was in or
on a vessel -- the owner of the vessel.
(2) For the purpose of performing his or her principal functions, a
20 harbour master may direct the owner of a dangerous thing in the
port --
(a) to move the thing out of the port or to another place in
it;
(b) to destroy the thing; or
25 (c) to sink the thing.
(3) Subsection (2) does not authorize a harbour master to direct that
a dangerous thing be moved out of the port unless the harbour
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Maritime Bill 1999
Part 2 Ports, maritime facilities and structures, and mooring control
Division 4 Harbour masters and maritime facility managers
s. 39
master is satisfied that there is no place in the port where the
thing can lie without --
(a) obstructing vessels;
(b) hindering the efficiency of the operations of the port;
5 (c) endangering the safety of people or property; or
(d) polluting the waters of the port.
39. Removal of ownerless vessels or dangerous things
For the purpose of performing his or her principal functions, a
harbour master may remove from the waters of the port, destroy
10 or sink any vessel or dangerous thing if the identity or
whereabouts, or both, of the owner cannot, after reasonable
enquiries, be ascertained.
40. Failure to obey directions
(1) A person who without reasonable excuse (proof of which lies on
15 that person) does not comply with a direction given under
section 37 or 38 commits an offence.
Penalty: $25 000.
(2) If a person does not comply with a direction given under
section 37(1)(c), (d) or (e) or section 38(2) within a reasonable
20 time after being given it, the harbour master may cause the
direction to be complied with by using such means as the
harbour master thinks fit.
(3) When causing a vessel to be moved under subsection (2), a
harbour master may cause the vessel to be made fast to another
25 vessel that is moored in the port.
(4) Subsection (3) does not prevent the owner or master of a vessel
to which another vessel is made fast under that subsection from
recovering from the owner or master of the other vessel
damages for loss or damage occasioned by that making fast.
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Ports, maritime facilities and structures, and mooring control Part 2
Harbour masters and maritime facility managers Division 4
s. 41
41. Recovery of costs
(1) The operator of a port may recover --
(a) the costs of exercising the powers in section 39 from the
owner of the vessel or dangerous thing; or
5 (b) the costs of exercising the powers in section 40(2) or (3)
from the owner, master, or person in charge, of the
vessel or the owner of the dangerous thing,
in a court of competent jurisdiction as a debt due to the operator.
(2) The operator of a port may recover the costs of exercising the
10 powers conferred by section 39 by selling the vessel or
dangerous thing.
(3) The proceeds of a sale are to be applied --
(a) first, to the expenses of the sale;
(b) second, to the costs of exercising the powers in
15 section 39,
and the balance, if any, is to be paid to the owner of the vessel
or dangerous thing but, if the identity or whereabouts, or both,
of the owner cannot be ascertained, that balance is to be paid to
the Treasurer.
20 (4) The powers in subsections (1) and (2) may be exercised
together.
42. Immunity from liability
(1) Neither the State, the operator of a port, the harbour master nor
any person acting under the direction of the harbour master is
25 liable for any loss or damage occasioned by --
(a) complying with a direction given, or purportedly given,
in good faith under section 37 or 38; or
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Maritime Bill 1999
Part 2 Ports, maritime facilities and structures, and mooring control
Division 4 Harbour masters and maritime facility managers
s. 43
(b) the exercise, or purported exercise, in good faith of the
powers conferred by section 39, 40(2) or (3) or 41(2).
(2) Subsection (1)(a) applies whether the loss or damage is suffered
by the person complying with the direction or by another person
5 affected by that compliance.
43. Offence of hindering
A person who hinders a harbour master, or a person acting
under the direction of a harbour master, in the exercise of the
powers in section 39, 40(2) or (3) or 41(2) commits an offence.
10 Penalty: $10 000.
44. Maritime facility managers
(1) The operator of a maritime facility is to appoint a manager for
the maritime facility.
(2) The harbour master provisions apply in relation to maritime
15 facility managers as if references in those provisions to a
harbour master were references to a maritime facility manager
and references in those provisions to a port were references to a
maritime facility.
(3) In subsection (2) --
20 "the harbour master provisions" means --
(a) section 35(3) and (4);
(b) provisions of sections 36 to 43 specified --
(i) in the appointment agreement, if the maritime
facility has an appointed operator; or
25 (ii) by the Director General, if the Minister is the
operator.
(4) If under an appointment agreement relevant obligations of the
appointed operator only have effect at certain times or in certain
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Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Maritime structures Division 5
s. 45
circumstances, provisions of sections 36 to 43 only apply under
subsection (2) at those times or in those circumstances.
Division 5 -- Maritime structures
45. Interpretation
5 (1) In this Division --
"department" means a department as defined in the Public
Sector Management Act 1994;
"licence" means a licence issued by the Director General under
the regulations.
10 (2) For the purposes of this Division anything that a department has
done or failed to do is to be regarded as an act or omission of
the chief executive officer of the department.
46. Application
This Division does not apply to or in relation to the erection,
15 placement or maintenance of maritime structures by a port
authority in its port.
47. Maritime structures to be approved or licensed
(1) A public authority other than the Minister or the Department
must not erect, place or maintain a maritime structure, or cause
20 a maritime structure to be erected, placed or maintained, except
in accordance with written approval given by the Director
General.
(2) A person other than a public authority must not erect, place or
maintain a maritime structure, or cause a maritime structure to
25 be erected, placed or maintained, except in accordance with a
licence.
Penalty: $5 000.
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Part 2 Ports, maritime facilities and structures, and mooring control
Division 5 Maritime structures
s. 48
(3) Subsection (2) does not apply if --
(a) the erection, placing or maintaining of the maritime
structure is the subject of an approval under
subsection (1) or is carried out on behalf of the Minister
5 or the Department; or
(b) the maritime structure is of a class exempted by the
regulations from the operation of subsection (2).
48. Annual levy for maritime structures
(1) The Director General may determine an annual levy to be
10 payable for the right to maintain a licensed maritime structure.
(2) The levy is additional to any fee for the issue or renewal of a
licence.
49. Unauthorized or unsafe maritime structures
(1) In this section --
15 "owner", in relation to a maritime structure, means --
(a) if the maritime structure is the subject of a licence,
the licensee;
(b) if the maritime structure has ceased to be the subject
of a licence, the former licensee; or
20 (c) in any other case, a person who --
(i) erected or placed the maritime structure;
(ii) owns or has owned the maritime structure; or
(iii) has or has had control over the maritime
structure,
25 and who is declared by the Minister, by notice
published in the Gazette, to be the owner of the
maritime structure.
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Ports, maritime facilities and structures, and mooring control Part 2
Maritime structures Division 5
s. 50
(2) If a maritime structure --
(a) is erected, placed or maintained in contravention of
section 47; or
(b) becomes unsafe or presents a danger to navigation,
5 the Director General may by written notice served on the owner
of the maritime structure direct the owner to make the maritime
structure safe or remove the maritime structure.
(3) If an owner does not make safe or remove a maritime structure
in accordance with a notice under subsection (2), the Director
10 General may cause the maritime structure to be made safe or
removed in accordance with the notice and recover the cost of
that removal in a court of competent jurisdiction as a debt due
by the owner to the State.
(4) If an owner of a maritime structure that is or is required to be
15 the subject of a licence contravenes a notice under
subsection (2), the owner commits an offence.
Penalty: $5 000.
(5) The court convicting an owner of an offence under
subsection (4) may, if the Director General --
20 (a) has caused the relevant maritime structure to be made
safe or removed under subsection (3); but
(b) has not recovered the cost of that making safe or
removal,
order the owner to pay to the Director General the cost of
25 making safe or removing the maritime structure.
50. Appeals against licensing decisions of Director General
(1) If the Director General --
(a) refuses to issue a licence or subjects a licence to a
condition;
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Part 2 Ports, maritime facilities and structures, and mooring control
Division 5 Maritime structures
s. 51
(b) serves an owner with a notice under section 49; or
(c) amends or revokes a licence,
the Director General must serve on the applicant for the licence,
the licensee or the owner, as the case requires, a written
5 statement of the reasons for so doing.
(2) If an applicant for a licence, a licensee or an owner, as the case
requires, is aggrieved by a decision of the Director General
referred to in subsection (1), the applicant, licensee or owner
may lodge an appeal under Part 6.
10 51. Minister and Department may provide navigational aids
(1) The Minister or the Department may --
(a) provide navigational aids;
(b) agree to take over the control of a navigational aid;
(c) maintain, move, remove, discontinue or replace any
15 navigational aid provided by or under the control of the
Minister or the Department, as the case may be; or
(d) vary the character of, or the mode of display or
operation of, any navigational aid provided by or under
the control of the Minister or the Department, as the
20 case may be.
(2) If the Minister or the Department enters into an agreement
under subsection (1)(b), provision may be made in the
agreement for the payment from time to time of the expense
incurred in the exercise of the powers conferred by
25 subsection (1)(c) or (d).
(3) A person to whom this subsection applies is not liable for any
loss or damage resulting from --
(a) anything done or omitted to be done in good faith in
relation to a navigational aid for a port; or
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Ports, maritime facilities and structures, and mooring control Part 2
Maritime structures Division 5
s. 52
(b) any defect in, or in the placing or operation of, a
navigational aid for a port.
(4) Subsection (3) applies to --
(a) the State;
5 (b) the Minister;
(c) the Director General and other officers; and
(d) if the control of the navigational aid has been taken over
by the Minister or the Department under an agreement
under subsection (1)(b), a person who is or was the
10 owner, lessee or bailee of the navigational aid.
52. Interference with navigational aids
(1) A person must not, without lawful excuse (proof of which lies
on the person) do any of the following things in relation to a
navigational aid --
15 (a) damage it;
(b) endanger it by making a vessel fast to it or otherwise
using a vessel in its vicinity;
(c) obstruct or interfere with its display or operation;
(d) obstruct or interfere with any emission or transmission
20 from it.
Penalty: $25 000.
(2) If a public authority owns or has control over a navigational aid,
a person who is convicted of an offence under subsection (1)(a)
is liable, in addition to suffering any penalty imposed in respect
25 of that offence, to pay to the public authority all expenses
reasonably incurred by the public authority in making good the
damage and the public authority may recover those expenses in
a court of competent jurisdiction as a debt due by that person to
the public authority.
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Part 2 Ports, maritime facilities and structures, and mooring control
Division 5 Maritime structures
s. 53
(3) Subsection (2) does not affect the operation of section 53 in
relation to damage to which that section applies.
53. Responsibility for damage to maritime structures
(1) This section applies if a maritime structure owned by, or under
5 the control of, a public authority is damaged by --
(a) a vessel or its equipment or cargo;
(b) any floating object;
(c) any material; or
(d) any person employed in, on or in relation to, anything
10 referred to in paragraph (a), (b) or (c).
(2) If this section applies, the owner of the vessel, floating object or
material is answerable in damages to the public authority for the
whole of the damage whether or not the damage is caused
through a person's wilful or negligent act or omission.
15 (3) If the damage is caused through the wilful or negligent act or
omission of the master of the vessel or of the person having
charge of the floating object or the material, that master or
person (as well as the owner) is answerable in damages to the
public authority for the whole of the damage.
20 (4) Neither the public authority nor any other person is entitled
under this section to recover more than once for the same cause
of action.
(5) In an action under this section the damages recoverable are to be
determined on the basis of --
25 (a) the actual cost incurred in repairing or replacing the
damaged maritime structure without taking into account
any betterment or depreciation; and
(b) any economic loss suffered by the public authority as a
result of the damage.
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Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Mooring control Division 6
s. 54
Division 6 -- Mooring control
54. Division does not apply to port authority waters
This Division does not apply to waters in a port authority port.
55. Mooring control areas
5 (1) The Minister may, by notice (a "mooring control notice") --
(a) declare an area of navigable waters to be a mooring
control area; or
(b) amend or revoke another mooring control notice.
(2) A mooring control notice is to be published in the Gazette and
10 may also be published in a newspaper or newspapers.
(3) In exercising the powers conferred by subsection (1) the
Minister is to have regard to the need to --
(a) ensure the safe mooring and navigation of vessels and
other things in areas of navigable waters;
15 (b) allocate mooring sites equitably in areas of navigable
waters;
(c) restrict the mooring of vessels and other things in areas
of navigable waters of high conservation value; and
(d) enable the costs of providing and maintaining maritime
20 structures and other infrastructure to be recouped.
(4) A person must not establish or maintain a mooring within a
mooring control area unless the mooring is --
(a) on a registered mooring site; and
(b) installed in accordance with the regulations.
25 Penalty: $5 000.
(5) A person must not moor a vessel or other thing within a
mooring control area contrary to the regulations.
Penalty: $5 000.
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Division 6 Mooring control
s. 56
(6) The Minister may by notice published in the Gazette --
(a) determine or provide for the fees payable for --
(i) applications for registration of mooring sites;
(ii) granting, amendment, renewal or transfer of
5 registration of mooring sites;
(iii) inspections of moorings on registered mooring
sites;
(iv) searches of the register of mooring sites; and
(v) such other services in connection with moorings
10 and mooring sites as are prescribed;
or
(b) amend or revoke a determination made under this
subsection.
(7) In exercising the powers conferred by subsection (6) the
15 Minister may take into account the costs of providing and
maintaining maritime structures and other infrastructure as well
as administrative costs.
(8) If a person is aggrieved by a decision under the regulations
about the granting, amendment, renewal, transfer, suspension or
20 cancellation of registration of a mooring site, or about the
variation or removal of a mooring, the person may lodge an
appeal under Part 6.
56. Mooring prohibition areas
(1) In this section --
25 "moor" does not include anchor or berth.
(2) The Minister may by notice (a "mooring prohibition notice") --
(a) declare an area of navigable waters to be a mooring
prohibition area; or
(b) amend or revoke another mooring prohibition notice.
page 38
Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Mooring control Division 6
s. 57
(3) A mooring prohibition notice is to be published in the Gazette
and may also be published in a newspaper or newspapers.
(4) In exercising the powers conferred by subsection (2) the
Minister is to have regard to the need to --
5 (a) protect areas of environmentally fragile navigable
waters; and
(b) ensure the good order and safety of navigation in areas
of navigable waters.
(5) A person must not --
10 (a) moor a vessel within a mooring prohibition area except
in accordance with the written permission of the
Director General under the regulations; or
(b) anchor a vessel or other thing in a mooring prohibition
area contrary to the regulations.
15 Penalty: $5 000.
57. Mooring area licences
(1) A person may apply to the Director General for a licence (a
"mooring area licence") under the regulations conferring on
that person the right to control the mooring of vessels or other
20 things in an area of navigable waters.
(2) In making a decision about the issue, amendment, renewal or
transfer of a mooring area licence the Director General is to
have regard to the need to --
(a) ensure the safe mooring and navigation of vessels and
25 other things in areas of navigable waters;
(b) enable the use of navigable waters for mooring to be
managed in an efficient, effective and equitable manner;
and
page 39
Maritime Bill 1999
Part 2 Ports, maritime facilities and structures, and mooring control
Division 6 Mooring control
s. 57
(c) restrict the mooring of vessels and other things in areas
of navigable waters of high conservation value.
(3) A mooring area licence cannot be issued in respect of navigable
waters in a mooring control area or a mooring prohibition area.
5 (4) If a mooring area licence is in force in respect of an area of
navigable waters, no person other than the holder of the licence
is to moor a vessel or other thing in that area.
Penalty: $5 000.
(5) It is a defence in proceedings for an offence under
10 subsection (4) to show that the vessel or other thing was
moored --
(a) with the permission of the holder of the mooring area
licence; and
(b) in accordance with any terms and conditions on which
15 that permission was given.
(6) The Minister may by notice published in the Gazette --
(a) determine or provide for the fees payable for --
(i) applications for mooring area licences; and
(ii) issue, amendment, renewal or transfer of
20 mooring area licences;
or
(b) amend or revoke a determination made under this
subsection.
(7) If a person is aggrieved by a decision under the regulations
25 about the issue, amendment, renewal, transfer, suspension or
cancellation of a mooring area licence, the person may lodge an
appeal under Part 6.
page 40
Maritime Bill 1999
Ports, maritime facilities and structures, and mooring control Part 2
Departmental areas Division 7
s. 58
Division 7 -- Departmental areas
58. Erection of notices and signs
(1) The Director General may cause public notices to be erected,
placed or marked, at places within or on the boundaries of a
5 departmental area.
(2) A "public notice" is a notice or sign that the Director General
considers necessary or desirable for the purpose of indicating
publicly --
(a) that the area concerned is a departmental area;
10 (b) the general extent of the departmental area;
(c) any prohibition or restriction that applies to conduct in
the departmental area or in a portion of it;
(d) the liability of any person who fails to comply with a
prohibition or restriction referred to in paragraph (c); or
15 (e) any other matters relating to the departmental area or a
portion of it.
(3) It is not a defence in proceedings for an offence under this Act
to prove that a public notice is not erected, placed or marked
under this section at any place unless an element of the offence
20 is dependent on the existence of the public notice.
(4) A person who destroys, damages, defaces, obliterates, moves or
otherwise interferes with a public notice or sign erected, placed
or marked under this section commits an offence.
Penalty: $5 000.
page 41
Maritime Bill 1999
Part 3 Safe navigation
Division 1 Navigation control notices
s. 59
Part 3 -- Safe navigation
Division 1 -- Navigation control notices
59. Publication of notices
(1) In order to ensure the safety of vessels and people and the
5 protection of the environment the Director General may, by
notice (a "navigation control notice") --
(a) exercise one or more of the powers conferred by
section 60(1) in relation to all navigable waters or in
relation to an area of navigable waters designated in the
10 notice; or
(b) amend another navigation control notice.
(2) A navigation control notice relating to all navigable waters is to
be published in the Gazette and may also be published in a
newspaper or newspapers.
15 (3) A navigation control notice relating to an area of navigable
waters is to be published --
(a) in the Gazette; or
(b) in a newspaper or newspapers circulating in the region
that includes or is adjacent to those waters,
20 or in both of those ways.
(4) Despite subsections (2) and (3), in the case of an emergency
situation giving rise to a real and present danger, the Director
General may publish a navigation control notice by television
broadcast, radio broadcast or transmission or such other means
25 as the Director General considers appropriate to bring it to the
attention of the public.
page 42
Maritime Bill 1999
Safe navigation Part 3
Navigation control notices Division 1
s. 60
(5) A navigation control notice published under subsection (4)
expires --
(a) at the end of such period (not exceeding 72 hours) as is
specified in the notice; or
5 (b) when replaced by a navigation control notice published
under subsection (2) or (3),
whichever occurs first.
60. Director General's powers
(1) The Director General may do any of the following by
10 navigation control notice --
(a) regulate or prohibit the mooring of vessels;
(b) regulate or prohibit parasailing, water skiing or any
activity prescribed for the purposes of this paragraph;
(c) regulate aquatic events and enable the coordination of
15 aquatic events by specified persons;
(d) close any navigable waters --
(i) in an emergency;
(ii) for safety reasons; or
(iii) to prevent damage to the environment as a result
20 of the continued presence of vessels in, or
passage of vessels through, those navigable
waters;
(e) set speed limits for vessels;
(f) prohibit the use of vessels of any class if that use is
25 likely --
(i) to be dangerous to people; or
(ii) to cause unnecessary distress to residents in the
vicinity;
page 43
Maritime Bill 1999
Part 3 Safe navigation
Division 2 Registration of vessels
s. 61
(g) establish areas within which, in the interests of safe
navigation or the protection of the environment, the use
of pilotage services is necessary except as otherwise
provided by the regulations;
5 (h) establish buffer zones around specified vessels or
structures and prohibit vessels from entering those
zones;
(i) designate areas for the purposes of the application of
regulations under section 66;
10 (j) exercise such other powers as may be necessary from
time to time to ensure navigational safety.
(2) The Director General's powers under subsection (1)(g) do not
extend to waters in a port authority port.
(3) In subsection (1) --
15 "specified" means specified in a navigation control notice.
61. Notices must be obeyed
A person who contravenes a navigation control notice commits
an offence.
Penalty: $10 000.
20 Division 2 -- Registration of vessels
62. Director General may register vessels
The Director General may --
(a) register vessels; and
(b) revoke the registration of vessels,
25 in accordance with the regulations.
page 44
Maritime Bill 1999
Safe navigation Part 3
Certificates of competency Division 3
s. 63
63. Offence of having or using unregistered vessels
(1) A person who --
(a) has an unregistered vessel in navigable waters; or
(b) uses an unregistered vessel,
5 commits an offence.
Penalty: $10 000.
(2) In this section --
"unregistered vessel" means a vessel that is required under the
regulations to be registered but is not so registered.
10 64. Offence of using registered vessels contrary to conditions
A person who uses a registered vessel in contravention of the
conditions of its registration commits an offence.
Penalty: $10 000.
65. Offences relating to hiring of unregistered vessels
15 A person must not --
(a) offer for hire; or
(b) hire out,
a vessel unless the vessel is registered for the purpose of being
hired.
20 Penalty: $10 000.
Division 3 -- Certificates of competency
66. Certificates of competency
The regulations may require a master, pilot or other person
engaged in a prescribed class of maritime employment, or a
page 45
Maritime Bill 1999
Part 3 Safe navigation
Division 3 Certificates of competency
s. 67
prescribed class of conduct in relation to the navigation of a
vessel, to have --
(a) an appropriate certificate of competency under the
regulations; or
5 (b) an appropriate external qualification recognized under
the regulations.
67. Appeals against decisions relating to certificates
A person may lodge an appeal under Part 6 if any of the
following things happens under the regulations --
10 (a) the person's application for the issue, renewal or
re-validation of a certificate of competency is refused;
(b) a condition to which the person objects is imposed on
his or her certificate of competency;
(c) the person's certificate of competency is suspended or
15 cancelled; or
(d) recognition of the person's external qualification is --
(i) refused;
(ii) given subject to a condition to which the person
objects; or
20 (iii) suspended or withdrawn.
68. Misrepresentations in relation to applications for certificates
(1) A person must not, in or for the purposes of an application
under the regulations for --
(a) the issue, renewal or re-validation of a certificate of
25 competency; or
page 46
Maritime Bill 1999
Safe navigation Part 3
Pilots and pilotage Division 4
s. 69
(b) the recognition of an external qualification,
make any representation that the person knows to be false or
misleading in any material particular.
Penalty: $25 000.
5 (2) A certificate of competency issued, renewed or re-validated as a
result of a false or misleading representation is void.
(3) Recognition of an external qualification given as a result of a
false or misleading representation is void.
Division 4 -- Pilots and pilotage
10 69. Terms used in this Division
(1) In this Division --
"approved", in relation to a pilot, means approved under
section 71;
"certificated" means holding a valid certificate of competency
15 as a pilot for the relevant pilotage area;
"controlled area" means an area established by a navigation
control notice under section 60(1)(g);
"pilotage area" means a port or a controlled area.
(2) A reference in this Division to a port --
20 (a) includes a reference to any area that is outside the port
and is declared by the regulations to be associated with
the port and to be an area in which pilotage services are
to be used; but
(b) does not include a port that is declared by the
25 regulations to be a port in which pilotage services do not
have to be used.
page 47
Maritime Bill 1999
Part 3 Safe navigation
Division 4 Pilots and pilotage
s. 70
70. Application
This Division applies to vessels --
(a) moving in a pilotage area in the course of entering or
leaving the pilotage area; or
5 (b) moving between places in a pilotage area.
71. Approval of pilots
(1) The operator of a port may approve a certificated person as a
pilot for the port and is to ensure that there is at all times at least
one approved pilot for the port.
10 (2) If a controlled area is or includes a maritime facility for which
there is an appointed operator, that operator may approve a
certificated person as a pilot for the controlled area and is to
ensure that there is at all times at least one approved pilot for the
controlled area.
15 (3) The Minister may approve a certificated person as a pilot for a
controlled area and is to ensure that there is at all times at least
one approved pilot for the controlled area.
(4) An approval under subsection (1), (2) or (3) has effect for the
period set out in the approval unless it is revoked by the
20 operator or Minister, as the case may be, or ceases to have effect
under subsection (6), before that period ends.
(5) An approval under subsection (1), (2) or (3), or any revocation
of such an approval, is to be in writing.
(6) The approval of a person under subsection (1), (2) or (3) ceases
25 to have effect if the person ceases to be certificated.
page 48
Maritime Bill 1999
Safe navigation Part 3
Pilots and pilotage Division 4
s. 72
72. Offence of acting as pilot when not approved
A person who acts as a pilot in a pilotage area commits an offence
unless the person is approved as a pilot for the pilotage area.
Penalty: $25 000.
5 73. Provision of pilotage services
(1) The operator of a port is responsible for ensuring that pilotage
services are available to the extent required in the port.
(2) In the case of a controlled area referred to in section 71(2), the
operator of the maritime facility is responsible for ensuring that
10 pilotage services are available to the extent required in the
controlled area.
(3) The Minister is responsible for ensuring that pilotage services
are available to the extent required in a controlled area other
than one referred to in section 71(2).
15 74. When pilotage is required
(1) Except as otherwise provided by the regulations, a vessel
moving in a pilotage area must use pilotage services.
(2) A person who moves a vessel in a pilotage area without it being
under the control of a person approved as a pilot for the pilotage
20 area commits an offence unless under the regulations --
(a) the vessel does not have to have an approved pilot; or
(b) that person is permitted to do so.
Penalty: $25 000.
(3) If a vessel is being moved in a pilotage area without it being
25 under the control of a person approved as a pilot for the pilotage
area, the State is not liable for --
(a) any loss or damage caused by the vessel; or
page 49
Maritime Bill 1999
Part 3 Safe navigation
Division 4 Pilots and pilotage
s. 75
(b) the loss of, or damage to, the vessel or anything in or on
the vessel,
while the vessel is being so moved, whether or not it is being so
moved by reason of an exemption under the regulations.
5 (4) If the pilotage area is a port, the protection from liability given
by subsection (3) extends to the operator of the port.
(5) If the pilotage area is a controlled area referred to in
section 71(2), the protection from liability given by
subsection (3) extends to the operator of the maritime facility.
10 75. Pilot under authority of master
An approved pilot who as pilot has the conduct and navigation
of a vessel in a pilotage area is subject to the authority of the
master of the vessel, and the master is not relieved from
responsibility for the conduct and navigation of the vessel by
15 reason only of those circumstances.
76. Liability of owner or master of a vessel
The owner or master of a vessel moving under compulsory
pilotage in a pilotage area is liable for any loss or damage
caused by the vessel, or by a fault of the navigation of the
20 vessel, in the same manner as the owner or master would be
liable if pilotage were not compulsory.
77. Immunity from liability for pilot's negligence
(1) The State is not liable for any loss or damage resulting from an
act or omission by a person approved as a pilot in the conduct or
25 navigation of a vessel of which the person is the pilot.
(2) If the pilot was approved by the operator of a port or maritime
facility, the protection given by subsection (1) extends to the
operator.
page 50
Maritime Bill 1999
Safe navigation Part 3
Safe operation of vessels Division 5
s. 78
(3) An approved pilot is not personally liable for any loss or
damage resulting from an act or omission by him or her in the
conduct or navigation of a vessel of which he or she is the pilot.
(4) The employer of a person who is an approved pilot is not liable
5 for any loss or damage resulting from an act or omission by the
person in the conduct or navigation of a vessel of which the
person is the pilot.
Division 5 -- Safe operation of vessels
78. Crewing requirements and crew qualifications
10 (1) If a person acts as the master of a vessel in contravention of the
regulations under section 66, any person who is --
(a) the owner of the vessel; or
(b) the employer of the master,
commits an offence.
15 Penalty: $10 000.
(2) If a crew member of a vessel engages in employment or conduct
in contravention of the regulations under section 66, any person
who is --
(a) the owner, or master of the vessel; or
20 (b) the employer of the crew member,
commits an offence.
Penalty: $10 000.
(3) If during the voyage of a vessel the prescribed crewing
requirements applying to the vessel are contravened, each of the
25 owner and the master of the vessel commits an offence.
Penalty: $10 000.
page 51
Maritime Bill 1999
Part 3 Safe navigation
Division 5 Safe operation of vessels
s. 79
79. Exemptions from compliance with certain regulations
(1) Subject to this section, the Director General may, if special and
unusual circumstances require, exempt a person permanently or
temporarily from compliance with regulations relating to --
5 (a) the prerequisites for the issue, renewal or re-validation
of certificates of competency of specified classes;
(b) the examination requirements for the issue, renewal or
re-validation of a certificate of competency;
(c) prescribed crewing requirements; or
10 (d) vessel safety standards.
(2) The Director General must, before issuing an exemption under
subsection (1), be satisfied that the issue of the exemption will
not adversely affect the safety of a vessel, its crew or any
member of the public.
15 80. Additional crewing requirements
(1) The Director General may, by written notice served on the
owner of a vessel, direct the owner to provide more crew than
are necessary under the prescribed crewing requirements if the
Director General considers that --
20 (a) the safety of a vessel, its crew, its passengers or any
member of the public; and
(b) the construction of the vessel, its intended purpose or its
area of operation,
so require.
25 (2) A notice under subsection (1) must give reasons for the
direction it contains.
page 52
Maritime Bill 1999
Safe navigation Part 3
Safe operation of vessels Division 5
s. 81
(3) An owner on whom notice is served under subsection (1) must
comply with the direction it contains within such period as is
specified in the notice.
Penalty: $10 000.
5 (4) The period specified in the notice cannot be less than 14 days
unless the Director General considers that earlier compliance
with the direction is necessary to avoid endangering the vessel's
crew or passengers or any member of the public.
(5) An owner on whom notice is served under subsection (1) may
10 lodge an appeal under Part 6.
81. Deck lines, load lines and overloading
(1) Both the owner and the master of a vessel that is required by the
regulations to be marked with deck lines or load lines or both
must ensure that the vessel is so marked in a manner that is
15 clearly visible.
Penalty: $10 000.
(2) A person must not without reasonable excuse --
(a) alter, conceal, deface or obliterate a deck line or load
line; or
20 (b) cause or allow another person to alter, conceal, deface or
obliterate a deck line or load line.
Penalty: $10 000.
(3) A person must not --
(a) alter, conceal, deface or obliterate a deck line or load
25 line; or
page 53
Maritime Bill 1999
Part 3 Safe navigation
Division 5 Safe operation of vessels
s. 82
(b) cause or allow to be altered, concealed, defaced or
obliterated a deck line or load line,
with intent to create a false impression or belief as to the load
that the vessel concerned is capable of carrying.
5 Penalty: $25 000.
(4) The owner and the master of a vessel must ensure that the vessel
is loaded in accordance with --
(a) the regulations; and
(b) its certificate of registration or load line certificate.
10 Penalty: $10 000.
82. Responsibility for safe operation of vessels
(1) The owner and the master of a vessel are responsible for the
safe operation of the vessel and, in particular, are to ensure
that --
15 (a) the vessel is crewed by appropriately qualified and
trained personnel;
(b) the vessel is navigated safely, in compliance with the
regulations and in accordance with good seamanship
practices; and
20 (c) good seamanship practices are observed in relation to
the carrying out of maritime activities on the vessel and
the operation of machinery on the vessel.
(2) If a person (the "responsible person") breaches subsection (1),
a person who sustains loss or damage as a result of the breach
25 may sue the responsible person in a court of competent
jurisdiction to recover damages in respect of the loss or damage.
page 54
Maritime Bill 1999
Safe navigation Part 3
Safe operation of vessels Division 5
s. 83
83. Duties of masters in controlling certain vessels
(1) This section applies to a vessel if it is a condition of its
registration that it cannot be used unless its master holds a
certificate of competency.
5 (2) While a vessel to which this section applies is under way, the
master of the vessel must deploy the crew members in a way
that ensures the safe navigation of the vessel.
Penalty: $5 000.
(3) Without limiting subsection (2), while a vessel to which this
10 section applies is approaching, berthing at or leaving a jetty, the
master of the vessel must --
(a) assume personal command of the bridge or wheelhouse
and responsibility for the navigation of the vessel; and
(b) ensure that, unless the engine of the vessel is being
15 operated from the bridge or wheelhouse, a certificated
marine engineer or certificated marine engine driver
assumes personal charge of the engine room controls of
the vessel.
Penalty: $5 000.
20 84. Unlawfully assuming control of a vessel
Subject to this Act, a person must not, without the consent of
the owner or master of a vessel, navigate or otherwise assume
control of the vessel or of its equipment or moorings.
Penalty: $25 000.
25 85. Maintenance of log books
(1) In this section --
"log book" means a log book that is required by the regulations
to be maintained.
page 55
Maritime Bill 1999
Part 3 Safe navigation
Division 5 Safe operation of vessels
s. 86
(2) The owner and master of a vessel in respect of which a log book
is required must --
(a) retain the log book for a period of not less than
12 months from the date of the last entry in the log
5 book; and
(b) produce the log book to an authorized officer at the
request of that authorized officer.
Penalty: $10 000.
(3) An authorized officer may take a copy of a log book or a part of
10 a log book.
(4) A person must not --
(a) make an entry in a log book knowing that entry to be
false;
(b) sign an entry in a log book knowing that entry to be
15 false; or
(c) deliberately destroy or render illegible a log book or any
entry in a log book.
Penalty: $10 000.
86. Dangerous, reckless or careless navigation
20 (1) A person who navigates a vessel in a dangerous or reckless
manner commits an offence.
Penalty: $10 000.
(2) A person who navigates a vessel without due care and attention
commits an offence.
25 Penalty: $5 000.
page 56
Maritime Bill 1999
Safe navigation Part 3
Safe operation of vessels Division 5
s. 87
87. Navigation under influence of alcohol, etc.
(1) A person who navigates or attempts to navigate a vessel while
under the influence of --
(a) alcohol or drugs; or
5 (b) alcohol and drugs,
to such an extent as to be incapable of having proper control of
the vessel commits an offence.
Penalty: $5 000.
(2) In any proceedings for an offence under subsection (1) --
10 (a) a person who had a blood alcohol content of or
exceeding 0.15 at the time of the alleged offence is to be
regarded as having been under the influence of alcohol
to such an extent as to be incapable of having proper
control of a vessel at that time;
15 (b) if it is alleged or appears on the evidence that the
defendant was under the influence of drugs alone, it is a
defence for the defendant to prove --
(i) that those drugs were either taken by the
defendant under a prescription of a medical
20 practitioner or registered dentist, or administered
to him or her by a medical practitioner or
registered dentist, for therapeutic purposes; and
(ii) that the defendant was not aware, and could not
reasonably have been expected to be aware, that
25 those drugs were likely to render him or her
incapable of having proper control of a vessel.
(3) A person who navigates or attempts to navigate a vessel of a
prescribed class while having a blood alcohol content of or
exceeding 0.05 commits an offence.
30 Penalty: $2 500.
page 57
Maritime Bill 1999
Part 3 Safe navigation
Division 6 Dealing with unsafe vessels
s. 88
(4) A person who navigates or attempts to navigate a vessel while
having a blood alcohol content of or exceeding 0.08 commits an
offence.
Penalty: $1 500 (unless subsection (3) applies).
5 Division 6 -- Dealing with unsafe vessels
88. Meaning of "unsafe"
A vessel is an unsafe vessel for the purposes of this Division
if --
(a) the defective condition of any part of the vessel creates a
10 risk of injury or loss of life;
(b) the vessel is not equipped or marked in accordance with
the regulations or its equipment is not in good working
order;
(c) the hatches or the bow or side doors of the vessel are not
15 properly secured;
(d) the vessel is not crewed in accordance with the
regulations; or
(e) the vessel is unsafe for any prescribed or other reason.
89. Use of unsafe vessels
20 (1) The owner and the master of a vessel must ensure that the vessel
is not used if the vessel is an unsafe vessel.
Penalty: $10 000.
(2) It is a defence in proceedings for an offence under
subsection (1) to show --
25 (a) that the person charged used all reasonable means to
ensure that the vessel was not an unsafe vessel; or
page 58
Maritime Bill 1999
Safe navigation Part 3
Dealing with unsafe vessels Division 6
s. 90
(b) that the sending or taking of the vessel to sea was, in the
circumstances, reasonably justified for the purposes of
protecting the vessel from imminent danger.
(3) The fact that an unsafe vessel has been detained under
5 section 90, 93 or 131(1)(c), is not a bar to proceedings for an
offence under subsection (1).
90. Provisional detention of unsafe vessels
(1) When an authorized officer has reasonable grounds to believe
that a vessel is an unsafe vessel, he or she may provisionally
10 detain the vessel so that --
(a) it can be surveyed or inspected; or
(b) an assessment can be made of whether or not it is
crewed in compliance with the regulations.
(2) When a vessel has been provisionally detained under
15 subsection (1) --
(a) an authorized officer --
(i) must, without delay, serve on the master of the
vessel a written statement of the grounds for its
detention; and
20 (ii) may appoint an officer or, with the consent of the
Director General, any other competent person to
survey the vessel and report on it to the
authorized officer;
(b) the owner, or master of the vessel may, at any time
25 before the person appointed under paragraph (a)(ii) to
survey the vessel makes that survey, require that the
person so appointed be accompanied by such qualified
person as that owner or master may select;
(c) an authorized officer may at any time refer that
30 detention for investigation by a Court of Marine Inquiry.
page 59
Maritime Bill 1999
Part 3 Safe navigation
Division 6 Dealing with unsafe vessels
s. 91
91. Release by agreement
If a requirement is made under section 90(2)(b), the authorized
officer --
(a) must, if the person making the survey and the
5 accompanying person agree, cause the vessel to be
detained or released in accordance with that agreement;
or
(b) may, if those persons differ, act as if that requirement
had not been made.
10 92. Order for release or permanent detention
(1) Subject to subsection (3), an authorized officer may, on
receiving a report made under section 90(2)(a)(ii) --
(a) order the vessel to be released; or
(b) if the authorized officer considers the vessel to be an
15 unsafe vessel, order the vessel to be finally detained --
(i) absolutely; or
(ii) until such conditions as the authorized officer
thinks necessary to make the vessel safe have
been complied with.
20 (2) An authorized officer may from time to time vary or add to an
order made under subsection (1).
(3) An authorized officer must, on making an order under
subsection (1)(b), serve a copy of the report and the text of the
order on the master of the vessel.
25 (4) The owner or master of the vessel may, within 7 days after
service takes place under subsection (3), lodge an appeal under
Part 6.
page 60
Maritime Bill 1999
Safe navigation Part 3
Dealing with unsafe vessels Division 6
s. 93
(5) An authorized officer may at any time, if he or she is satisfied
that a vessel detained under section 90 or this section is not an
unsafe vessel, order the vessel to be released conditionally or
unconditionally.
5 93. Enforcing detention of unsafe vessels
(1) When a vessel is authorized or ordered to be detained under this
Act, an officer may detain the vessel.
(2) If a vessel which has been detained, or in respect of which a
notice of or order for detention has been served, begins a
10 voyage before that vessel has been released under this Act --
(a) the master of that vessel; and
(b) the owner of the vessel, and any person who causes or
orders that vessel to begin a voyage, if that owner is
aware of the beginning of the voyage,
15 each commits an offence.
Penalty: $25 000.
94. Power to order vessel to return to shore
(1) If an authorized officer is satisfied in respect of a vessel that --
(a) the vessel is unseaworthy because it is an unsafe vessel;
20 (b) a requirement under this Act for there to be a valid
certificate or other authorization in force in relation to
the vessel is not being complied with;
(c) the prescribed crewing requirements are not being
complied with; or
25 (d) the vessel is in an unsafe position or locality,
the authorized officer may order the person in charge of, or
apparently in charge of, the vessel to take the vessel to the
page 61
Maritime Bill 1999
Part 3 Safe navigation
Division 6 Dealing with unsafe vessels
s. 94
nearest port or port authority port or to such other place as the
authorized officer may direct.
(2) A person to whom an order is given under subsection (1) must
comply with that order without delay.
5 Penalty: $10 000.
(3) If a person does not comply with an order given to the person
under subsection (1), the authorized officer who gave the order
may take such action as he or she considers necessary to remove
the vessel to the port, port authority port or other place directed
10 by that authorized officer.
(4) The Director General may recover the costs and expenses of any
removal under subsection (3) in a court of competent
jurisdiction as a debt due by the owner of the vessel to the State.
(5) An authorized officer who gives an order under subsection (1)
15 in respect of a vessel may also order that the vessel not be used
again until --
(a) such measures as are specified in the latter order have
been taken to render the vessel seaworthy;
(b) a certificate or other authorization required in relation to
20 the vessel under this Act has been obtained; or
(c) the prescribed crewing requirements have been
complied with,
as the case requires.
(6) A master or other person must not use or attempt to use a vessel
25 in contravention of an order given under subsection (5).
Penalty: $10 000.
(7) Nothing in subsection (5) or (6) prevents a vessel from being
used for the purpose of taking it to a port, port authority port or
other place in compliance with an order given under
30 subsection (1).
page 62
Maritime Bill 1999
Safe navigation Part 3
Navigational hazards Division 7
s. 95
Division 7 -- Navigational hazards
95. Removal of things causing hazards or obstructions
(1) Whenever a dangerous thing is in navigable waters and, in the
opinion of an authorized officer, constitutes or is likely to
5 constitute a hazard or obstruction to vessels using those
navigable waters or a threat to the environment, the authorized
officer may by written notice --
(a) served on the owner of the dangerous thing; or
(b) if the identity or whereabouts or both of that owner
10 cannot be ascertained after the making of reasonable
inquiries, published once in a newspaper circulating
throughout the State,
declare the dangerous thing to be a navigational hazard and
require the dangerous thing to be removed within such period as
15 is specified in that notice from all navigable waters or to a place
specified in that notice.
(2) If a requirement made under subsection (1) is not complied
with, the authorized officer may remove the dangerous thing --
(a) from all navigable waters; or
20 (b) to the place specified in the relevant notice.
(3) The cost of a removal under subsection (2) is a debt due by the
owner of the dangerous thing to the State and the Director
General may recover that cost --
(a) in a court of competent jurisdiction; or
25 (b) by selling the dangerous thing.
(4) The proceeds of a sale referred to in subsection (3)(b) are to be
applied --
(a) first, to the expenses of the sale; and
page 63
Maritime Bill 1999
Part 3 Safe navigation
Division 7 Navigational hazards
s. 96
(b) second, to the costs of removing the dangerous thing,
and the balance, if any, is to be paid to the owner of the
dangerous thing but, if the identity or whereabouts, or both, of
the owner cannot be ascertained after making reasonable
5 inquiries, that balance is to be paid to the Treasurer.
96. Disposal of dangerous things, etc. in navigable waters
(1) A person must not sink, set adrift, abandon or deposit any
dangerous thing in navigable waters.
Penalty: $25 000.
10 (2) The Director General may by written notice served on the
owner, insurer or salvor of a dangerous thing in navigable
waters require that owner, insurer or salvor to remove the
dangerous thing from navigable waters within such period as is
specified in the notice or any period of extension referred to in
15 subsection (3).
(3) If an owner, insurer or salvor satisfies the Director General
that --
(a) it is impracticable to comply with a requirement made
under subsection (2) within the period specified in the
20 relevant notice; and
(b) the dangerous thing concerned does not pose an
immediate danger to navigation or the environment,
the Director General may extend that period by such additional
period as the Director General specifies.
25 (4) An owner, insurer or salvor must comply with a requirement
made under subsection (2) within the period specified in the
relevant notice or any period of extension referred to in
subsection (3).
Penalty: $25 000.
page 64
Maritime Bill 1999
Safe navigation Part 3
Distress, emergencies and collisions Division 8
s. 97
(5) The court convicting a person of an offence under
subsection (4) must, in addition to imposing a penalty under that
subsection, impose on the person a penalty equal to 1% of the
cost of removing the dangerous thing from navigable waters for
5 each day during the period --
(a) beginning on the expiry of --
(i) the period specified in the relevant notice; or
(ii) any relevant period of extension referred to in
subsection (3);
10 and
(b) ending when that notice is complied with.
(6) Despite anything in this section, the Director General may
remove a dangerous thing from navigable waters and recover
the cost of that removal in a court of competent jurisdiction as a
15 debt due by the owner, insurer or salvor of the dangerous thing
to the State.
Division 8 -- Distress, emergencies and collisions
97. Obligation to render assistance
(1) The master of a vessel on a voyage who receives information
20 from any source that an aircraft or vessel is in distress must,
unless that master is unable to do so or considers, in the special
circumstances of the case, that it is unreasonable or unnecessary
to do so --
(a) cause his or her vessel to proceed with all practicable
25 speed to the assistance of the persons in distress; and
(b) if possible, inform those persons that he or she is doing
so.
Penalty: $25 000 or imprisonment for 10 months.
page 65
Maritime Bill 1999
Part 3 Safe navigation
Division 8 Distress, emergencies and collisions
s. 98
(2) The master of a vessel who receives information from any
source that an aircraft or vessel is in distress at sea must make or
cause to be made in the vessel log book --
(a) a record of that information; and
5 (b) if the master does not proceed to the assistance of the
persons in distress, a record of the reasons for not so
proceeding.
Penalty: $5 000.
(3) The master of a vessel in distress may, after consulting as far as
10 possible the masters of the vessels which answer his or her call
for assistance, request the aid of such one or more of those
vessels as he or she considers best able to render assistance.
(4) Subject to subsection (5), the master of a vessel the aid of which
is requested under subsection (3) must comply with that request
15 by proceeding with all practicable speed to the assistance of the
persons in distress.
Penalty: $25 000 or imprisonment for 10 months.
(5) If the master is informed --
(a) that aid is no longer necessary; or
20 (b) that a vessel (other than his or her vessel) is providing
aid,
the master so informed is released from any duty imposed by
subsection (1) or (4) in respect of the persons in distress.
(6) Compliance by the master of a vessel with this section does not
25 affect the right of the master, or any other person, to salvage.
98. Emergency powers of Director General
(1) The Director General may, if there is an emergency that --
(a) involves a vessel; and
page 66
Maritime Bill 1999
Safe navigation Part 3
Distress, emergencies and collisions Division 8
s. 99
(b) is likely to have a severe impact on public safety or on
the environment or may result in serious damage to
property,
take such action, and issue such instructions to the owner or the
5 master of the vessel, as the Director General considers
necessary for the purpose of avoiding or minimizing loss of life,
injury, environmental harm or serious damage to property.
(2) A person to whom instructions are issued under subsection (1)
must, in the absence of lawful excuse, comply with those
10 instructions.
Penalty: $100 000 or imprisonment for 20 months.
99. Duties of masters in case of collisions
(1) If a vessel ("the vessel") is involved in a collision with another
vessel ("the other vessel") the master of the vessel must
15 comply with the required collision procedures so far as that
master can do so without danger to the vessel and its crew and
passengers, if any, and has no other reasonable excuse for
failing to do so.
Penalty: $10 000.
20 (2) For the purposes of subsection (1) the "required collision
procedures" for the master of the vessel are --
(a) to stay by the other vessel until he or she has ascertained
that the other vessel has no need of further assistance
and render to the other vessel, its master, crew and
25 passengers, if any, such assistance as may be practicable
and necessary in order to save them from any danger
caused by the collision; and
(b) to give the following details about the vessel to the
master of the other vessel --
30 (i) its name;
page 67
Maritime Bill 1999
Part 3 Safe navigation
Division 8 Distress, emergencies and collisions
s. 100
(ii) its registration number;
(iii) particulars of its ownership.
100. Reporting of marine incidents
(1) If a vessel is involved in a marine incident of a prescribed kind
5 the master of the vessel must --
(a) immediately give his or her name and address and the
registration number of the vessel --
(i) to any person injured as a result of that marine
incident; and
10 (ii) to the owner or master of any other vessel
involved in that marine incident;
(b) if he or she has access to a radio transmitter, telephone
or other means of prompt communication, report details
of the marine incident without delay, including any
15 injuries or deaths resulting from it, and the position of
the vessel or vessels, to the Director General; and
(c) in any event, give the Director General, within 72 hours
of the occurrence of that marine incident, a report in an
approved form setting out full particulars of --
20 (i) any other vessel involved;
(ii) the name of the master of any other vessel
involved;
(iii) the name and qualification of each crew member
involved;
25 (iv) the name of any passenger involved;
(v) the circumstances surrounding that marine
incident; and
(vi) the extent of any damage to each vessel
involved.
30 Penalty: $5 000.
page 68
Maritime Bill 1999
Safe navigation Part 3
Distress, emergencies and collisions Division 8
s. 101
(2) If a marine incident of a prescribed kind occurs in a supervised
area, the appointed operator or port authority must, within
72 hours of the occurrence of that marine incident, give the
Director General a report in an approved form setting out all
5 information it may have as to the details and particulars required
by subsection (1).
Penalty: $5 000.
(3) In subsection (2) --
"supervised area" means --
10 (a) a port, together with any area that is included when
that port is referred to in Division 4;
(b) a maritime facility; or
(c) a port authority port, together with any area that is
included when that port is referred to in Part 7
15 Division 2 of the Port Authorities Act 1999.
(4) On receiving a report made under subsection (1)(c) or (2), the
Director General may suspend the registration of any vessel
involved in the marine incident until satisfied of the
seaworthiness of that vessel.
20 (5) In the case of a marine incident that involves a collision
between vessels, the requirements of this section are additional
to those of section 99(1).
101. False distress signals
(1) A person must not --
25 (a) use, send or display; or
(b) cause or allow another person to use, send or display,
any of the signals of distress, except --
(c) when a vessel is in distress; or
page 69
Maritime Bill 1999
Part 3 Safe navigation
Division 9 Safety plans
s. 102
(d) for testing or training purposes authorized in writing by
the Director General.
Penalty: $25 000.
(2) If a person (the "offender") commits an offence under
5 subsection (1), a person (including the State) who sustains loss
or damage as a result of the false signal of distress having been
treated as a genuine signal of distress may sue the offender in a
court of competent jurisdiction to recover damages in respect of
the loss or damage.
10 Division 9 -- Safety plans
102. Marine safety plans
(1) In this section --
"marine safety plan" means a plan prepared by an appointed
operator and approved by the Director General setting out
15 the arrangements for marine safety at the operator's port or
maritime facility.
(2) An appointed operator is to have, maintain and implement a
marine safety plan for its port or maritime facility.
(3) The Director General is to monitor the maintenance of an
20 appointed operator's marine safety plan and may --
(a) give directions to the operator as to the maintenance of
the plan; and
(b) direct the operator to review the plan from time to time
and submit modifications of it to the Director General
25 for approval.
(4) The operator is to give effect to any direction under
subsection (3).
page 70
Maritime Bill 1999
Safe navigation Part 3
Safety plans Division 9
s. 102
(5) If the Minister is the operator of a port or maritime facility, the
Director General is to have, maintain and implement a marine
safety plan for the port or maritime facility.
page 71
Maritime Bill 1999
Part 4 International conventions
s. 103
Part 4 -- International conventions
103. Meaning of terms
(1) In this Part, unless the contrary intention appears --
"convention" means --
5 (a) an existing convention; or
(b) a convention that is the subject of a declaration under
section 104;
"convention regulations" has the meaning given by
section 105(2);
10 "existing convention" means the Container Convention, the
Limitation Convention, the Prevention of Collisions
Convention or the Safety Convention.
(2) A reference in this Part to the Container Convention, the
Limitation Convention, the Prevention of Collisions Convention
15 or the Safety Convention is a reference to the convention that
was defined under that name in the Western Australian Marine
Act 1982.
104. Declaration of conventions
The Governor may, by order published in the Gazette, declare
20 an international convention which relates to the sea or to
maritime matters and to which Australia is a party to be a
convention to which this Part applies.
105. Regulations may give effect to conventions
(1) Regulations may be made for and about giving effect to a
25 convention in relation to the State and waters to which this Act
applies.
page 72
Maritime Bill 1999
International conventions Part 4
s. 106
(2) Regulations under subsection (1) are referred to in this Part as
"convention regulations".
106. General provisions as to regulations
(1) Convention regulations may --
5 (a) specify the extent to which or the circumstances in
which a convention has effect;
(b) provide that specified provisions of a convention have
the force of law as part of the law of the State to a
specified extent or in specified circumstances;
10 (c) provide for a convention to have effect, either generally
or in specified circumstances, as if it were modified in a
specified way;
(d) limit the effect that a law of the State has in relation to
matters to which a convention applies;
15 (e) provide for provisions of a convention to be read subject
to a law of the State to a specified extent.
(2) In subsection (1) --
"specified" means specified in convention regulations.
(3) Convention regulations may make provision for or with respect
20 to any matter by applying, adopting or incorporating, with or
without modification --
(a) any enactment, as in force at a particular time or as in
force from time to time; or
(b) any matter contained in any other instrument or writing
25 as in force or existing at the time when the convention
regulations take effect.
(4) If the terms of a convention are such as to vest in the several
Governments who are parties to the convention a discretion as
to whether any, and if so what, action should be taken under the
page 73
Maritime Bill 1999
Part 4 International conventions
s. 107
convention, the power to make convention regulations is to be
construed as an authority to the Governor to make by regulation
such provision (if any) with respect to the matter in question as
the Governor in the exercise of that discretion thinks proper.
5 107. Regulations giving effect to Container Convention
Convention regulations made for and about giving effect to the
Container Convention may authorize the Minister to make
orders with respect to matters that could be dealt with by the
convention regulations.
10 108. Regulations giving effect to Limitation Convention
(1) Convention regulations made for or about giving effect to the
Limitation Convention may --
(a) make provision for and about the ascertainment of the
tonnage of vessels to which the Limitation Convention
15 applies including the estimation of such tonnage in
circumstances where it is not possible or reasonably
practicable to measure their tonnage;
(b) exempting the owner of a vessel to which the Limitation
Convention applies from liability for loss or damage to
20 things on board the vessel that occurs in prescribed
circumstances and without the actual fault or privity of
the owner; and
(c) preventing the owner of a vessel from limiting the
owner's liability in respect of a claim of a prescribed
25 kind that arises from an occurrence of a kind specified in
subparagraph (1)(a) or (b) of Article 1 of the Limitation
Convention.
(2) Subsection (1)(a) shall not be taken as limiting the power of the
Judges of the Supreme Court to make rules with respect to a
page 74
Maritime Bill 1999
International conventions Part 4
s. 109
matter that is not provided for in regulations made under
subsection (1)(a).
109. Application to determine liability if Limitation Convention
applies
5 (1) In this section --
"applied provisions of the Limitation Convention" means the
provisions of the Limitation Convention that, as provided
by convention regulations, have the force of law as part of
the law of the State.
10 (2) Where a claim is, or claims are, made against or apprehended by
a person in respect of any liability of that person that the person
may limit in accordance with the applied provisions of the
Limitation Convention, the person may apply to the Supreme
Court (whether or not in the course of other proceedings) to
15 determine the limit of that liability in accordance with those
provisions, and the Court may so determine the limit of that
liability and may make such order or orders as it thinks fit with
respect to the constitution, administration and distribution in
accordance with those provisions, of a limitation fund for the
20 payment of claims in respect of which the person is so entitled
to limit liability.
(3) The Supreme Court to which an application has been made
under subsection (2) may, if the court thinks fit, at any stage in
the proceedings, upon application or of its own motion, by
25 order, transfer the proceedings to the Supreme Court of another
State or a Territory of the Commonwealth.
(4) Where proceedings are transferred from the Supreme Court
under subsection (3), all documents filed as part of the Supreme
Court record, and moneys lodged in the Supreme Court, are to
30 be transmitted by the Master to the Registrar or other proper
officer of the Court to which the proceedings are transferred.
page 75
Maritime Bill 1999
Part 4 International conventions
s. 110
(5) Where proceedings are transferred to the Supreme Court by a
Court of another State or a Territory of the Commonwealth
under a law of that State or Territory analogous to this section,
the Supreme Court is to proceed as if the proceedings had been
5 originally instituted in the Supreme Court and as if the same
proceedings had been taken in that Court as had been taken in
the Court from which the proceedings are transferred.
(6) For the purposes of this Part, amounts of money expressed in
the franc mentioned in Article 3 of the Limitation Convention
10 are to be converted into Australian currency in the manner
provided by the Navigation (Limitation of Shipowners'
Liability) Regulations of the Commonwealth or by regulations
substituted for or amending those regulations.
110. Offences against regulations giving effect to Prevention of
15 Collisions Convention
A person who commits an offence against convention
regulations made for or about giving effect to the Prevention of
Collisions Convention is liable to a fine not exceeding $10 000
or to imprisonment for not more than 10 months.
page 76
Maritime Bill 1999
Marine Inquiries and Courts of Marine Inquiry Part 5
Marine Inquiries Division 1
s. 111
Part 5 -- Marine Inquiries and Courts of
Marine Inquiry
Division 1 -- Marine Inquiries
111. Marine Inquiries into marine incidents
5 (1) If a vessel is involved in a marine incident that results in injury
to a person or damage to a vessel or maritime structure, the
Director General may cause an officer to conduct a preliminary
inquiry into the incident and report to the Minister on that
inquiry.
10 (2) In the case of a marine incident that results in --
(a) the death of, or serious injury to, a person;
(b) the sinking of, or serious damage to, a vessel; or
(c) the destruction of, or serious damage to, a maritime
structure,
15 the Minister may refer a report received under subsection (1) for
investigation by a Court of Marine Inquiry.
(3) When a report is referred to a Court of Marine Inquiry under
subsection (2), the Court of Marine Inquiry is to investigate the
marine incident and report to the Minister on that investigation.
20 112. Powers of inquiring officers
(1) For the purposes of conducting an inquiry and making a report
under section 111(1) an officer may --
(a) exercise the powers of an authorized officer under
section 131;
25 (b) enter and inspect (with such assistance as he or she may
require) any premises the entry or inspection of which
appears necessary to the officer;
page 77
Maritime Bill 1999
Part 5 Marine Inquiries and Courts of Marine Inquiry
Division 1 Marine Inquiries
s. 113
(c) issue a summons requiring a person to attend before the
officer for examination;
(d) require a person to answer questions;
(e) require and enforce the production of all log books,
5 papers, accounts, agreements and other documents
relating to the inquiry or report;
(f) take copies of documents or parts of them; and
(g) administer oaths or, instead of requiring or
administering an oath, require a person examined by the
10 officer to make and subscribe a declaration of the truth
of the statements made by the person in the examination.
(2) An officer cannot enter premises under subsection (1)(b) unless
authorized to do so --
(a) by the owner or occupier of the premises; or
15 (b) under a warrant issued by a justice.
113. Inquiries into incompetence or misconduct
(1) If the Minister has reasonable grounds to believe that a marine
incident shows a member of the crew of a vessel to have been
guilty of negligence, incompetence or misconduct, the Minister
20 may refer that incident for investigation by a Court of Marine
Inquiry.
(2) When a marine incident is referred to a Court of Marine Inquiry
under subsection (1), the Court of Marine Inquiry is to
investigate the incident and report to the Minister on that
25 investigation.
page 78
Maritime Bill 1999
Marine Inquiries and Courts of Marine Inquiry Part 5
Courts of Marine Inquiry Division 2
s. 114
Division 2 -- Courts of Marine Inquiry
114. Establishment of Courts of Marine Inquiry
(1) A tribunal to be known as a Court of Marine Inquiry is to be
established under this Division whenever it is necessary to do so
5 for the purposes of section 90(2)(c) or Division 1.
(2) A Court of Marine Inquiry is to have an official seal of which
judicial notice is to be taken.
115. Composition of Court of Marine Inquiry
(1) A Court of Marine Inquiry is to consist of --
10 (a) a presiding magistrate nominated under
subsection (2)(a); and
(b) 2 assessors selected under subsection (2)(b).
(2) When a matter is referred to a Court of Marine Inquiry under
section 90(2)(c) or Division 1 --
15 (a) the Director General is to notify the Chief Stipendiary
Magistrate who is to nominate a magistrate to preside
over the Court; and
(b) 2 assessors are to be selected by the Director General.
(3) The 2 assessors are to be selected as having expertise relevant to
20 the matter that the Court of Marine Inquiry is to investigate, and
their function is to assist and advise the presiding magistrate,
but not to take part in making findings or preparing a report.
(4) Nothing in subsection (2) prevents the referral of 2 or more
matters to the same Court of Marine Inquiry if the matters are
25 related.
page 79
Maritime Bill 1999
Part 5 Marine Inquiries and Courts of Marine Inquiry
Division 2 Courts of Marine Inquiry
s. 116
116. Investigations by Courts of Marine Inquiry
(1) It is the function of a Court of Marine Inquiry to investigate any
detention referred to it under section 90(2)(c) or any report or
marine incident referred to it under Division 1.
5 (2) For the purposes of an investigation, the Court has, so far as
relates to compelling the attendance of witnesses and contempt
of court, all the powers of the Supreme Court.
(3) An investigation is to be conducted in open court and the
presiding magistrate is to deliver the findings and any order of
10 the Court in open court.
117. Powers and duties in respect of vessels and authorizations
(1) If a detention of a vessel is referred to a Court of Marine Inquiry
under section 90(2)(c) --
(a) the Court may appoint a competent person or persons to
15 survey the vessel and report to the Court;
(b) the presiding magistrate, an assessor and a person or
persons appointed under paragraph (a) may survey the
ship and, for the purposes of this section, have all the
powers of an officer under section 112;
20 (c) the Court has the same power as an authorized officer
has to order the vessel to be released or finally detained;
and
(d) the owner and master of the vessel, any person
appointed by the owner or master and any person
25 appointed by the Director General may attend at any
survey or inspection made under this section.
(2) If a report or marine incident is referred to a Court of Marine
Inquiry under Division 1 the Court may, after investigating the
matter, suspend, cancel or revoke an authorization in
30 accordance with the regulations.
page 80
Maritime Bill 1999
Marine Inquiries and Courts of Marine Inquiry Part 5
Courts of Marine Inquiry Division 2
s. 118
118. Report on investigation
On the completion of an investigation by a Court of Marine
Inquiry the presiding magistrate is to send to the Minister --
(a) a report of the findings of the Court and any order made
5 by it or action taken by it; and
(b) notes of any evidence given to the Court.
119. Rehearing
Where an investigation has been conducted by a Court of
Marine Inquiry, the Governor may order the matter to be
10 reheard, either generally or as to a part of the matter, and the
Governor is to so order if, in the opinion of the Governor, there
is any reasonable ground for suspecting that a miscarriage of
justice has occurred.
120. Officers of Courts of Marine Inquiry
15 The officers of the Local Court at a place at which a Court of
Marine Inquiry is sitting are to act as officers of the Court of
Marine Inquiry.
121. Rules about Courts of Marine Inquiry
(1) The Governor may make rules --
20 (a) about the appointment, selection and remuneration of
assessors;
(b) regulating the practice, procedure, sittings, reports and
records of Courts of Marine Inquiry; and
(c) prescribing or providing for fees, and providing for the
25 application of fees, in respect of matters referred to a
Court of Marine Inquiry.
page 81
Maritime Bill 1999
Part 5 Marine Inquiries and Courts of Marine Inquiry
Division 2 Courts of Marine Inquiry
s. 121
(2) To the extent that this Act or the rules of practice and procedure
do not apply to a particular matter or circumstance arising
before a Court of Marine Inquiry, the presiding magistrate may
issue such directions as he or she considers appropriate.
page 82
Maritime Bill 1999
Maritime Appeal Tribunal Part 6
s. 122
Part 6 -- Maritime Appeal Tribunal
122. Establishment of Maritime Appeal Tribunal
(1) A tribunal to be known as the Maritime Appeal Tribunal is
established.
5 (2) If this Act provides that an appeal may be lodged under this Part
the Tribunal has jurisdiction to hear and determine that appeal.
(3) The Tribunal is to have an official seal of which judicial notice
is to be taken.
123. Composition of Tribunal
10 (1) The Tribunal is to consist of --
(a) a presiding magistrate nominated under subsection (2);
and
(b) 2 ordinary members selected for a particular appeal
under subsection (3).
15 (2) The Chief Stipendiary Magistrate is to nominate a magistrate to
preside over the Tribunal.
(3) When an appeal to the Tribunal is lodged the presiding
magistrate is to notify the Minister and, on receiving that
notification, the Minister is to appoint a panel consisting of not
20 less than 4 qualified people who have expertise relevant to the
appeal.
(4) For the purposes of subsection (3) a person is "qualified" if he
or she --
(a) is a naval architect and member of the Royal Institute of
25 Naval Architects;
(b) holds a certificate of competency as a master;
(c) holds a certificate of competency as a marine engineer;
page 83
Maritime Bill 1999
Part 6 Maritime Appeal Tribunal
s. 124
(d) is a chartered professional engineer; or
(e) is a member of the Royal Australian Institute of
Planners.
(5) An officer is not eligible to be appointed to the panel under
5 subsection (3).
(6) On being notified by the Minister of the composition of the
panel, the presiding magistrate is to select from the panel the
2 ordinary members of the Tribunal for the appeal.
124. Procedure relating to appeals
10 (1) A person who wishes to lodge an appeal under this Part may
serve on the Director General written notice of the appeal
setting out the grounds of the appeal.
(2) An appeal under this Part must be lodged with the Director
General within 30 days after the appellant has been served with
15 a written statement of the reasons for the decision against which
the appeal is made, or such longer period as the Tribunal in
special circumstances allows.
(3) On receiving notice of an appeal within the relevant period
referred to in subsection (2), the Director General is to --
20 (a) arrange with the presiding magistrate of the Tribunal for
the hearing of the appeal;
(b) notify the appellant and the person who made the
decision appealed against of the time, date and place of
that hearing; and
25 (c) provide such other assistance to the Tribunal as is
necessary for the just and efficient performance of the
functions of the Tribunal.
page 84
Maritime Bill 1999
Maritime Appeal Tribunal Part 6
s. 125
(4) On the hearing of an appeal, the Tribunal --
(a) may, subject to this subsection, determine the procedure
applicable to that hearing;
(b) is to act according to equity and good conscience and
5 the substantial merits of the case without regard to
technicalities;
(c) subject to the requirements of justice, is not bound by
rules of evidence;
(d) may inform itself of any matter in such manner as it
10 thinks fit; and
(e) cannot make an award of either compensation or costs.
(5) A party to an appeal may, with the leave of the Tribunal, be
represented at the hearing of the appeal by a practitioner as
defined in the Legal Practitioners Act 1893.
15 125. Determination of appeal
(1) The Tribunal may determine an appeal by allowing it or
dismissing it, wholly or in part, or substituting its own decision
for the decision appealed against, and every person affected by
that determination must give effect to it.
20 (2) Subject to subsection (3) a decision of the Tribunal may be
made by any 2 of its members.
(3) Decisions on matters of law are to be made by the presiding
magistrate.
(4) On the determination of an appeal by the Tribunal, the Director
25 General is to notify the parties to the appeal of that
determination without delay.
(5) The determination of an appeal by the Tribunal --
(a) is final and without appeal; and
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Maritime Bill 1999
Part 6 Maritime Appeal Tribunal
s. 126
(b) binds the parties to the appeal.
126. Rules about the Tribunal
The Governor may make rules --
(a) about the appointment, selection and remuneration of
5 ordinary members of the Tribunal; and
(b) prescribing or providing for fees, and providing for the
application of fees, in respect of appeals to the Tribunal.
page 86
Maritime Bill 1999
Maritime dues and charges Part 7
s. 127
Part 7 -- Maritime dues and charges
127. Maritime dues
(1) Dues, referred to as "maritime dues", are payable to the
Department in respect of prescribed registered vessels at rates
5 provided for by regulations.
(2) Maritime dues are payable on the registration, or renewal of
registration, of a vessel to which they apply, and are additional
to registration fees and to any charges under section 128.
(3) The net proceeds of maritime dues are to be applied towards the
10 administration, coordination and funding of activities of the
Department in relation to matters to which this Act applies
including --
(a) monitoring, protecting and restoring the marine
environment;
15 (b) responding to and investigating marine incidents;
(c) dealing with wrecks and salvage;
(d) dealing with marine safety matters; and
(e) providing navigational aids and marine information
systems.
20 (4) Regulations under subsection (1) may provide for and confer
powers as to --
(a) the classes of registered vessels in respect of which
maritime dues are payable;
(b) exemption from liability for maritime dues;
25 (c) the ascertainment and calculation of maritime dues;
(d) the payment, collection and recovery of maritime dues;
and
(e) other matters relating to maritime dues.
page 87
Maritime Bill 1999
Part 7 Maritime dues and charges
s. 128
128. Departmental charges for maritime services and
infrastructure
(1) There are payable to the Department such operating charges as
are provided for by regulations being --
5 (a) wharfage, berthage, tonnage or access charges;
(b) charges for maritime services provided by the Minister
or the Department;
(c) charges for the use of infrastructure provided by, or
under the control of, the Minister or the Department; or
10 (d) charges for the use of land and buildings in departmental
areas.
(2) Regulations under subsection (1) may provide for and confer
powers as to --
(a) exemption from liability for charges;
15 (b) the ascertainment and calculation of charges and the
entering of a vessel in order to ascertain or calculate the
charges payable in respect of the vessel or goods on the
vessel;
(c) the payment, collection and recovery of charges; and
20 (d) other matters relating to charges.
(3) In providing for charges, regulations under subsection (1) may
allow for --
(a) the making of a profit; and
(b) depreciation of assets.
page 88
Maritime Bill 1999
Maritime dues and charges Part 7
s. 129
129. Charges by operators for maritime services and
infrastructure
Subject to its appointment agreement, the appointed operator of
a port or maritime facility may levy and collect such operating
5 charges as the operator determines being --
(a) wharfage, berthage, tonnage or access charges;
(b) charges for maritime services it provides; or
(c) charges for the use of infrastructure provided by or
under its control.
page 89
Maritime Bill 1999
Part 8 Enforcement
Division 1 Authorized officers
s. 130
Part 8 -- Enforcement
Division 1 -- Authorized officers
130. Appointment of authorized officers
(1) The Director General may appoint officers or other persons to
5 be authorized officers --
(a) generally for the purposes of this Act; or
(b) for the purposes of provisions of this Act specified in the
appointment.
(2) The Director General must cause to be issued to each authorized
10 officer appointed under subsection (1) an identity card in a form
approved by the Minister.
(3) An authorized officer to whom an identity card has been issued
must produce the identity card to a person --
(a) in respect of whom that authorized officer has exercised,
15 is exercising or is about to exercise his or her powers
under this Act; and
(b) who requests that production.
(4) In any proceedings, whether civil or criminal, the production by
an authorized officer of his or her current identity card is
20 conclusive evidence of his or her appointment under
subsection (1).
131. General powers of authorized officers
(1) For the purposes of this Act, an authorized officer may --
(a) order a vessel to be stopped;
25 (b) go on board a vessel (with such assistance as he or she
may require) for the purpose of inspecting it; and
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Maritime Bill 1999
Enforcement Part 8
Authorized officers Division 1
s. 132
(c) detain a vessel for so long as is necessary for the
purpose of inspecting it.
(2) For the purposes of this Act, an authorized officer may --
(a) inspect a vessel, or any part of it, and any boats,
5 equipment, boilers, machinery, articles or materials on
board or belonging to the vessel;
(b) require the unloading or removal of any cargo, ballast or
tackle on board or belonging to a vessel;
(c) require the production of and inspect any log book,
10 licence, permit, certificate or other document issued or
required to be kept or issued in connection with the
ownership, use or navigation of a vessel; and
(d) take a copy of a document or a part of a document.
(3) The powers conferred by this section are additional to the other
15 powers conferred on authorized officers under this Act.
(4) In the case of an authorized officer appointed under
section 130(1)(b) a power conferred by this section can only be
exercised if, and to the extent that, it is relevant to the
provisions of this Act specified in the appointment.
20 132. Authorized officer may request names and addresses
(1) An authorized officer may request any person whom the
authorized officer believes on reasonable grounds to have
committed an offence under this Act --
(a) to give the person's name, age and address; and
25 (b) to produce for inspection any evidence of identity, age
or address that is in the person's possession at the time.
(2) A person to whom a request is made under subsection (1) --
(a) must comply with the request; and
page 91
Maritime Bill 1999
Part 8 Enforcement
Division 2 Offences: procedure and evidence
s. 133
(b) must not give a false name, address or date of birth.
Penalty: $2 000.
Division 2 -- Offences: procedure and evidence
133. Definition
5 In this Division --
"enforcement officer" means an authorized officer or a
member of the Police Force.
134. Jurisdiction as to offences
For the purpose of giving jurisdiction under this Act, an offence
10 is to be regarded as having been committed, and a cause of
complaint is to be regarded as having arisen, either --
(a) in the place in which it actually was committed or arose;
or
(b) in any place in which the offender or person complained
15 against is.
135. Institution of proceedings
(1) Proceedings for an offence under this Act are to be commenced
by an authorized officer.
(2) Despite any other written law proceedings for an offence under
20 this Act may be commenced at any time within 3 years from the
time when the offence is alleged to have been committed.
136. Speed measuring equipment
(1) The Minister may by notice published in the Gazette --
(a) approve of types of apparatus for ascertaining the speed
25 at which a vessel is moving; and
(b) amend or revoke any such approval.
page 92
Maritime Bill 1999
Enforcement Part 8
Offences: procedure and evidence Division 2
s. 137
(2) In any proceedings for an offence under this Act or any other
written law, evidence may be given of --
(a) the use of certain speed measuring equipment by an
enforcement officer in relation to a vessel; and
5 (b) the speed at which the vessel was moving as ascertained
by the use of that speed measuring equipment,
and that evidence is prima facie evidence of the speed at which
the vessel was moving at the time of the use of that speed
measuring equipment in relation to the vessel.
10 (3) In any proceedings of the kind referred to in subsection (2)
evidence by an enforcement officer that apparatus used by him
or her was speed measuring equipment is prima facie evidence
of that fact.
(4) This section does not preclude or restrict the introduction of any
15 competent evidence, whether in addition to, or independent of,
evidence under this section bearing on the question of whether a
person was or was not guilty of an offence under this Act or any
other written law.
(5) In this section --
20 "speed measuring equipment" means apparatus of a type
approved by the Minister under subsection (1)(a).
137. Requirement to submit sample of breath or blood for
analysis
(1) An enforcement officer may require a person --
25 (a) who is navigating, or in control of a vessel; or
(b) who the enforcement officer has reasonable grounds to
believe was navigating, or in control of a vessel,
to provide a sample of his or her breath for a preliminary test in
accordance with the directions of the enforcement officer, and for
page 93
Maritime Bill 1999
Part 8 Enforcement
Division 2 Offences: procedure and evidence
s. 137
the purposes of this subsection may require that person to wait at
the place at which the first-mentioned requirement was made.
(2) An enforcement officer may --
(a) call upon a person who is navigating, or in control of, a
5 vessel to stop the vessel;
(b) direct a person who is navigating, or in control of, a
vessel to wait at a place indicated by the enforcement
officer,
in order that a requirement may be made under subsection (1).
10 (3) If an enforcement officer --
(a) has reasonable grounds to believe that the presence of a
vessel has occasioned, or its use has been an immediate
or proximate cause of, personal injury or damage to
property; and
15 (b) does not know, or has doubt about, who was the person
navigating, or in control of, a vessel at the time of that
presence or use,
the enforcement officer may require any person who he or she
has reasonable grounds to believe may have been the person
20 navigating, or in control of, the vessel at that time to provide a
sample of his or her breath for a preliminary test in accordance
with the directions of the enforcement officer, and for the
purposes of this subsection may require that person to wait at
the place at which the first-mentioned requirement was made.
25 (4) If --
(a) a person having provided a sample of his or her breath
for a preliminary test, it appears to an enforcement
officer that the preliminary test indicates that the blood
alcohol content of the person equals or exceeds 0.08 or,
page 94
Maritime Bill 1999
Enforcement Part 8
Offences: procedure and evidence Division 2
s. 137
if the vessel concerned is of a class prescribed under
section 87(3), 0.05;
(b) a person having been so required under
subsection (3) --
5 (i) refuses or fails to provide, or appears to an
enforcement officer to be incapable of providing,
a sample of his or her breath for a preliminary
test; or
(ii) refuses or fails to provide, or appears to an
10 enforcement officer to be incapable of providing, a
sample of his or her breath in sufficient quantity to
enable a preliminary test to be carried out;
(c) an enforcement officer has reasonable grounds to
believe that a person has committed an offence under
15 section 87(1); or
(d) an enforcement officer --
(i) has reasonable grounds to believe that the
presence of a vessel has occasioned, or its use
has been an immediate or proximate cause of,
20 personal injury or damage to property; and
(ii) does not know, or has doubt about, who was the
person navigating, or in control of, the vessel at
the time of that presence or use,
but has reasonable grounds to believe that a person may
25 have been the person navigating, or in control of, the
vessel at that time and that, if the person was so
navigating or in control, he or she has committed an
offence under section 87(1),
a member of the Police Force may require that person to provide a
30 sample of his or her breath for analysis or to allow a medical
practitioner to take a sample of his or her blood for analysis or to
allow a sample of blood to be so taken and to provide a sample of
page 95
Maritime Bill 1999
Part 8 Enforcement
Division 2 Offences: procedure and evidence
s. 138
his or her urine for analysis, under section 66(4), (5), (6a), (7) and
(8a) of the Road Traffic Act 1974, and for the purposes of this
subsection may require that person to accompany a member of the
Police Force to a police station or some other place, and may
5 require that person to wait at the police station or that place.
(5) A person who is required to supply a sample of his or her breath
for a preliminary test or for analysis must comply with that
requirement by providing the sample of his or her breath into
approved apparatus in accordance with the directions of an
10 enforcement officer or the person operating the apparatus.
138. Application of provisions of Road Traffic Act 1974
(1) Sections 65, 66(4) to (17), 67, 67A, 68, 69, 69A, 70, 71 and 72
of the Road Traffic Act 1974 and any regulations made under
section 72 of that Act apply, with all necessary modifications, to
15 and in relation to an alleged offence under section 87(1) of this
Act.
(2) Without limiting subsection (1), the sections of, and regulations
made under, the Road Traffic Act 1974 referred to in that
subsection apply to and in relation to an alleged offence under
20 section 87(1) as if, in those sections or regulations, --
(a) a reference to section 63 of that Act were a reference to
section 87;
(b) a reference to section 66(2) of that Act were a reference
to section 137(4);
25 (c) a reference to driving or attempted driving of a motor
vehicle or vehicle were a reference to navigation or
attempted navigation of a vessel;
(d) a reference to a member of the Police Force included a
reference, when appropriate, to an officer;
30 (e) a reference to section 66(1) or (1a) of that Act were a
reference to section 137(1) or (3);
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Maritime Bill 1999
Enforcement Part 8
Offences: procedure and evidence Division 2
s. 139
(f) a reference to section 66(2)(c) or (d) of that Act were a
reference to section 137(4)(c) or (d);
(g) the reference in section 66(7) of that Act to the
preceding provisions of that section included a reference
5 to section 137(5);
(h) references to a court ordering that a person be disqualified
from holding or obtaining a driver's licence were omitted;
(i) a reference to a requirement of a member of the Police
Force made pursuant to section 66 of that Act included a
10 reference to a requirement made, whether by an officer
or a member of the Police Force, under this section;
(j) a reference to a requirement mentioned in
section 66(1aa) of that Act were a reference to a
requirement mentioned in section 137(2); and
15 (k) a reference to section 66 of that Act included a reference
to section 137.
139. Proof and evidence of certain matters in proceedings for
offences
(1) In any proceedings for an offence under this Act, an averment in
20 the complaint that --
(a) a person was or was not at a specified time or during a
specified period the owner of a specified vessel;
(b) a person was or was not at a specified time or during a
specified period the master of a specified vessel; or
25 (c) a vessel was or was not at a specified time or during a
specified period the subject of an exemption, permit or
registration,
is proof that the person was or was not the owner or master or that
the vessel was or was not the subject of the exemption, permit or
30 registration, as the case requires, unless the contrary is proved.
page 97
Maritime Bill 1999
Part 8 Enforcement
Division 3 Infringement notices
s. 140
(2) In any proceedings for an offence under this Act in respect of
the prescribed crewing requirements applying to a vessel, an
averment in the complaint that a person is or was, or is not or
was not, the holder of a certificate of competency of a particular
5 class is proof that the person is or was, or is not or was not, the
holder of that certificate of competency, unless the contrary is
proved.
(3) In any proceedings for an offence under this Act, a certificate in
the prescribed form --
10 (a) issued by the Director General; and
(b) giving details of the registration of a specified vessel,
is evidence of those details.
(4) In this section --
"specified" means specified in the relevant averment or
15 certificate.
Division 3 -- Infringement notices
140. References to "penalties officer"
(1) A reference in section 142, 143 or 144 to a "penalties officer"
is a reference to an officer appointed under subsection (2) to be
20 a penalties officer for the purposes of the section in which the
reference occurs.
(2) The Director General may in writing appoint persons, or classes
of persons, to be penalties officers for the purposes of
section 142, 143 or 144 or for the purposes of 2 or all of those
25 sections, but an authorized officer is not eligible to be a
penalties officer.
page 98
Maritime Bill 1999
Enforcement Part 8
Infringement notices Division 3
s. 141
141. Serving of notice
An authorized officer who has reason to believe that a person
has committed a prescribed offence under this Act may serve an
infringement notice on the alleged offender.
5 142. Content of notice
(1) An infringement notice is to be in the prescribed form and is
to --
(a) contain a description of the alleged offence;
(b) advise that if the alleged offender does not wish to have
10 a complaint of the alleged offence heard and determined
by a court, the amount of money specified in the notice
as being the modified penalty for the offence may be
paid to a penalties officer within a period of 28 days
after the service of the notice; and
15 (c) inform the alleged offender as to who are penalties
officers for the purposes of receiving payment of
modified penalties.
(2) In an infringement notice the amount specified as being the
modified penalty for the offence referred to in the notice is to be
20 the amount that was the prescribed modified penalty at the time
the alleged offence is believed to have been committed.
(3) The modified penalty that may be prescribed for an offence is
not to exceed 20% of the maximum penalty that could be
imposed for that offence by a court.
25 143. Extension of time
A penalties officer may, in a particular case, extend the period
of 28 days within which the modified penalty may be paid and
the extension may be allowed whether or not the period of
28 days has elapsed.
page 99
Maritime Bill 1999
Part 8 Enforcement
Division 3 Infringement notices
s. 144
144. Withdrawal of notice
(1) Within 28 days after the service of an infringement notice, a
penalties officer may, whether or not the modified penalty has
been paid, withdraw the infringement notice by sending to the
5 alleged offender a notice in the prescribed form stating that the
infringement notice has been withdrawn.
(2) Where an infringement notice is withdrawn after the modified
penalty has been paid, the amount is to be refunded.
145. Benefit of paying modified penalty
10 (1) Subsection (2) applies if the modified penalty specified in an
infringement notice has been paid within 28 days or such further
time as is allowed and the notice has not been withdrawn.
(2) If this subsection applies it prevents the bringing of proceedings
and the imposition of penalties to the same extent that they
15 would be prevented if the alleged offender had been convicted
by a court of, and punished for, the alleged offence.
(3) Payment of a modified penalty is not to be regarded as an
admission for the purposes of any proceedings, whether civil or
criminal.
20 146. Application of penalties collected
An amount paid as a modified penalty for an offence is, subject
to section 144(2), to be dealt with as if it were a fine imposed by
a court as a penalty for that offence.
147. Owner onus in relation to vessels
25 (1) In this section --
"penalties officer" means a penalties officer appointed for the
purposes of section 142;
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Maritime Bill 1999
Enforcement Part 8
Infringement notices Division 3
s. 147
"vessel offence" means an offence to which section 141 applies
of which the use, navigation or mooring of a vessel is an
element.
(2) If a vessel offence is alleged to have been committed and the
5 identity of the master or person in charge of the vessel at the
time of the commission of the alleged offence cannot be readily
established, an infringement notice in respect of the alleged
offence may be served under section 141 on the owner of the
vessel.
10 (3) For the purposes of subsection (2), the infringement notice may
be addressed to the owner of the vessel without naming, or
stating the address of, the owner and may be served by --
(a) attaching it to the vessel or leaving it in or on the vessel
at or about the time that the alleged offence is believed
15 to have been committed; or
(b) serving it on the owner within 56 days after the alleged
offence is believed to have been committed.
(4) The notice is to include a short statement of the effect of
subsection (5).
20 (5) Unless within the period stated in the infringement notice or that
period as extended --
(a) the modified penalty is paid; or
(b) the owner of the vessel --
(i) identifies to a penalties officer the person who
25 was the master or person in charge of the vessel
at the relevant time; or
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Maritime Bill 1999
Part 8 Enforcement
Division 3 Infringement notices
s. 147
(ii) satisfies a penalties officer that, at the relevant
time, the vessel had been stolen or unlawfully
taken or was being unlawfully used,
the owner is, in the absence of proof to the contrary, deemed to
5 be the master or person in charge of the vessel at the time of the
commission of the alleged offence.
page 102
Maritime Bill 1999
Miscellaneous Part 9
General Division 1
s. 148
Part 9 -- Miscellaneous
Division 1 -- General
148. Hindering the performance of functions
A person who hinders a person performing or endeavouring to
5 perform a function conferred under this Act, whether on board a
vessel or elsewhere, commits an offence.
Penalty: $2 000.
149. Exemptions and equivalents
(1) The Director General may exempt a vessel, or class of vessels,
10 from the application of any of the provisions of this Act to the
extent that the Director General is satisfied that compliance with
that provision is unreasonable or impractical in relation to that
vessel or vessels of that class.
(2) In exercising the power conferred by subsection (1), the
15 Director General is to have regard to the principles embodied in
this Act.
(3) If this Act requires a fitting, material, appliance or apparatus of
a particular description or type to be fitted or carried in a vessel,
or any particular provision to be made, the Director General
20 may allow a fitting, material, appliance or apparatus of another
description or type to be fitted or carried, or any other provision
to be made, if the Director General is satisfied, by trial or
otherwise, that a fitting, material, appliance or apparatus of that
other description or type, or that other provision, is at least as
25 effective as that required under this Act.
(4) The Director General may grant an exemption or make an
allowance under this section subject to such conditions as the
Director General thinks fit.
page 103
Maritime Bill 1999
Part 9 Miscellaneous
Division 1 General
s. 150
(5) The powers conferred by this section may also be exercised in
relation to a convention as defined in section 103.
150. Evidence of documents and proof of signature
(1) All documents purporting to be issued or written under this Act
5 by or under the direction of or with the authority of the Minister
or the Director General and purporting to be signed by a person
acting with the authority of the Minister or the Director General,
are admissible as evidence and are to be regarded, on production
by any person, as having been so written and so signed until
10 evidence to the contrary is shown.
(2) A document required by or under this Act to be executed in the
presence of or attested by a witness may be proved by the
evidence of any person who is able to bear witness to the facts
of execution or attestation without calling any attesting witness.
15 (3) In this section --
"document" includes an authorization, exemption, dispensation
or register.
151. Admissibility of documents in evidence
(1) Where a document is by this Act declared to be admissible in
20 evidence, it is, on production from the proper custody,
admissible in evidence in any court, or before any person having
by law or consent of parties authority to receive evidence.
(2) Subject to all just exceptions, a document referred to in
subsection (1) is evidence of the matters stated in it.
25 (3) A copy of, or extract from, a document referred to in
subsection (1) is also admissible in evidence if --
(a) it is proved to be an examined copy or extract; or
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Maritime Bill 1999
Miscellaneous Part 9
General Division 1
s. 152
(b) it purports to be signed and certified as a true copy or
extract by the officer to whose custody the original
document was entrusted,
and, on payment of the prescribed fee, that officer is to furnish a
5 copy or extract so certified to any person applying for it.
(4) This section does not affect the operation of the Evidence
Act 1906.
152. Protection from liability
(1) An action in tort does not lie against a person for a thing that the
10 person has done, in good faith, in the performance or purported
performance of a function under this Act.
(2) The State is also relieved of any liability that it might otherwise
have had for another person having done a thing as described in
subsection (1).
15 (3) The protection given by subsections (1) and (2) --
(a) applies even though the thing done as described in
subsection (1) may have been capable of being done
whether or not this Act had been enacted; but
(b) only applies to the State, a public authority or an officer
20 or employee of a public authority.
(4) An action in tort does not lie against the State for a thing done
by an appointed operator.
(5) In this section, a reference to the doing of a thing includes a
reference to an omission to do a thing.
25 (6) This section does not affect the operation of section 42, 53
or 77.
page 105
Maritime Bill 1999
Part 9 Miscellaneous
Division 2 Service of documents
s. 153
Division 2 -- Service of documents
153. Meaning of terms used
In this Division --
"legal process" means any summons or other process in any
5 legal proceeding under this Act;
"notice" includes an order, statement or other document but
does not include legal process.
154. Service of notices
(1) A notice required or permitted by this Act to be served on a
10 person may be so served --
(a) personally; or
(b) if the person cannot be found after diligent and
reasonable inquiry, by --
(i) sending the notice by prepaid mail to the last
15 known address of the person; and
(ii) causing a copy of the notice to be published once
in a newspaper circulating throughout the State.
(2) Service of a notice is taken to be effected under
subsection (1)(b) on the expiry of the period of 30 days from the
20 publication of the notice under subsection (1)(b)(ii).
155. Notices may be served on board or sent to a vessel
Where this Act requires a notice to be served personally on a
person ("the recipient") it may also be served --
(a) on board a vessel on which the recipient is employed by
25 giving it to the person being or appearing to be in
command or in charge of the vessel; or
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Maritime Bill 1999
Miscellaneous Part 9
Service of documents Division 2
s. 156
(b) by sending it by facsimile or radio transmission or
electronic mail to a vessel on which the recipient is
employed.
156. Substituted service if there is no master
5 Where a notice or legal process is to be served under this Act on
the master of a vessel and the vessel is within the limits of
Australia but has no master, good service can be effected --
(a) on the managing owner of the vessel;
(b) if there is no managing owner: on some agent of the
10 owner residing in Australia; or
(c) if there is no managing owner and no such agent of the
owner is known or can be found: by affixing a copy of
the notice or process to the vessel in a conspicuous
place.
15 157. Legal process may be served on board a vessel
(1) Where any legal process is to be served on a person, good
service can be effected on board a vessel on which the person is
employed, by giving the process to the person being or
appearing to be in command or in charge of the vessel.
20 (2) Service can only be effected under subsection (1) if the legal
process is accompanied by a statement of what it is about.
(3) Subsection (1) does not prevent the use of any other method by
which good service of legal process can be effected under any
law.
page 107
Maritime Bill 1999
Part 10 Regulations
s. 158
Part 10 -- Regulations
158. General power to make regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed or are
5 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1) regulations may be made for all
or any of the purposes, or about all or any of the matters, set out
in Schedule 3.
10 159. Offences against regulations
(1) Regulations may create offences and provide, in respect of an
offence so created, for the imposition of a penalty not exceeding
a fine of $10 000.
(2) In the case of offences relating to the overloading of vessels, the
15 regulations under Schedule 3 item 4.5 may provide for the
imposition of an additional penalty calculated by reference to
the amount by which the vessel is overloaded and the tonnage of
the vessel.
160. Adoption of other laws, codes etc.
20 (1) Regulations may adopt, either wholly or in part or with
modifications --
(a) any rules, regulations, codes, instructions or other
subsidiary legislation made, determined or issued under
any other Act or under any Imperial Act or
25 Commonwealth Act; or
(b) any of the standards, rules, codes or specifications of the
bodies known as the International Maritime
Organization, the Standards Association of Australia,
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Maritime Bill 1999
Regulations Part 10
s. 161
the British Standards Institution or The Association of
Australian Port and Marine Authorities or of any other
like body that is specified in those regulations.
(2) If regulations adopt any subsidiary legislation, standard, rule,
5 code or specification under subsection (1), it is adopted as in
force from time to time unless those regulations specify that a
particular text is adopted.
161. References to other approvals or decisions
Regulations may be made so as to apply according to an
10 approval or other administrative decision of a person or body
specified in those regulations even if that approval or other
decision may not have been, or may not have been primarily,
given or made for the purposes of this Act.
162. Licensing
15 (1) Regulations may control an activity or thing in a departmental
area, or a portion of a departmental area, by prohibiting it from
being carried out or done except under a licence issued under
the regulations.
(2) Regulations may provide for the following --
20 (a) the calling of applications or tenders for licences;
(b) the method of applying or tendering for licences;
(c) fees for applications or tenders;
(d) how applications or tenders can be dealt with;
(e) the issue, amendment, renewal or transfer of licences;
25 (f) fees for the issue, amendment, renewal or transfer of
licences;
(g) the imposition of conditions on licences;
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Maritime Bill 1999
Part 10 Regulations
s. 162
(h) the duration of licences;
(i) the suspension or cancellation of licences.
(3) This section does not limit the methods by which the regulations
may control an activity or thing or affect the operation of Part 2
5 Division 3.
page 110
Maritime Bill 1999
Review of Act Part 11
s. 163
Part 11 -- Review of Act
163. Minister to review and report on Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
5 expiry of 5 years from its commencement.
(2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause the
report to be laid before each House of Parliament.
page 111
Maritime Bill 1999
Schedule 1 Names and boundaries of ports
Schedule 1 -- Names and boundaries of ports
[s. 8]
1. Port of Barrow Island
All that portion of water and sea bed situate east of the high water mark of the
5 Indian Ocean on the eastern shore of Barrow Island and contained within the arc
of a circle having a radius of 7 nautical miles from the intersection of
latitude 20° 46 50 S with longitude 115° 27 54 E.
Lands and Surveys Public Plan: Dampier and Barrow Island 1:250 000.
2. Port of Carnarvon
10 Part A
All that portion of water bounded by a line due west for 4 nautical miles from a
starting point on the mainland in latitude 24° 10 S and longitude 113° 26 45 E
and then in a south-southwest direction to Cape Ronsard at the north end of
Bernier Island; then by the western shores of Bernier and Dorre Islands to Cape
15 St Cricq; then by a straight line to Cape Inscription at the north end of Dirk
Hartog Island and by its western shore to Surf Point, then by a straight line to
Steep Point on the mainland, and then by the coastline to the starting point.
Part B
All that portion of sea bed bounded by lines starting from the high water mark
20 of the Indian Ocean at the western extremity of Point Quobba and extending
south-westerly to the high water mark at the northern extremity of Cape
Ronsard on Bernier Island; then generally southerly along the high water mark
of the eastern shore of that island to the southern extremity of Cape Couture;
then southerly to the high water mark at the northern extremity of Cape
25 Boullanger on Dorre Island; then southerly along the high water mark of the
eastern shore of that island to the southern extremity of Cape St Cricq; then
south-westerly to the high water mark at the northern extremity of Cape
Inscription on Dirk Hartog Island; then generally south-easterly, generally
south-westerly and generally north-westerly along the high water mark of the
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Maritime Bill 1999
Names and boundaries of ports Schedule 1
north-eastern, south-eastern and south-western shores of that island to the
southern extremity of Surf Point; then south-westerly to the high water mark at
the northern extremity of Steep Point and then generally south-easterly,
generally north-easterly, again generally south-easterly and again generally
5 north-easterly along the high water mark of Shark Bay and generally
north-westerly along the high water mark of the Indian Ocean to the starting
point.
Lands and Surveys Public Plans: Carnarvon 2000 7.06, 7.07, 8.04, 8.05:
Carnarvon Regional 2.1; Edel 1:250 000; Yaringa 1:250 000; Wooramel
10 1:250 000; Shark Bay 1:250 000; Quobba 1:250 000.
3. Port of Derby
Part A
All that portion of water and sea bed bounded by lines starting at the
intersection of the prolongation south-westerly of a line joining the summit of
15 Saddle Hill and the high water mark at the eastern extremity of Valentine Island
with the high water mark of the western shore of King Sound and extending
generally south-easterly, generally northerly, again generally south-easterly,
again generally northerly and generally north-westerly along that mark to a line
joining the summit of Saddle Hill and the high water mark at the eastern
20 extremity of Valentine Island and then south-westerly along that line and
onwards to the starting point.
Part B
All that portion of land, water and sea bed delineated and coloured red on
Transport drawing number DOT 972-02-01.
25 Lands and Surveys Public Plans 1:2 000 PT 02.07 and PT 02.08; Derby N.E.
1:25 000; Derby 1:250 000; Yambi 1:250 000.
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Maritime Bill 1999
Schedule 1 Names and boundaries of ports
4. Port of Onslow
Part A
All that portion of water and sea bed bounded by lines starting from the high
water mark of the Indian Ocean at the southern extremity of Ashburton Island;
5 then northerly to a position in latitude 21° 21 S Longitude 114° 56 E; then
north-easterly to a position in latitude 21° 10 S, longitude 115° 06 E, then
easterly to a position in latitude 21° 10 S, longitude 115° 09 E; then
south-easterly to a position in longitude 21° 13 S latitude 115° 12 E; then
southerly to a position in latitude 21° 21 S, longitude 115° 12 E; then south,
10 south-easterly to the high water mark of the Indian Ocean at the eastern
extremity of Coolgra Point; then north-westerly to the high water mark of the
Indian Ocean at the southern extremity of Direction Island; and then
south-westerly to the starting point.
Part B
15 (i) All that portion of land comprised within Onslow Lot 460, as surveyed
and shown on Lands and Surveys Original Plan 10532.
(ii) All that portion of land comprised within Onslow Lot 561, as surveyed
and shown bordered in red on Lands and Surveys Diagram 74170.
(iii) All that portion of land bounded by lines starting from the north-eastern
20 corner of Onslow Lot 561 and extending northerly along the prolongation
northerly of the eastern boundary of that lot to the low water mark of the
Indian Ocean; then generally westerly along that mark crossing the mouth
of Beadon Creek to the prolongation northerly of the northern most
western boundary of Lot 561; then southerly to a north-western corner of
25 that lot and then generally easterly along northern boundaries of the
last-mentioned lot to the starting point.
Lands and Surveys Public Plans: Onslow 1:2 000 38.07, 39.05, 39.06, 40.05,
40.06; Onslow Regional 1:10 000 8.2; Onslow 1:250 000.
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Maritime Bill 1999
Names and boundaries of ports Schedule 1
5. Port of Port Walcott
All that portion of water and sea bed bounded by lines starting from the high
water mark on the Indian Ocean at the northernmost northern extremity of
Dolphin Island and extending easterly to the high water mark at the
5 southernmost southern extremity of Legendre Island; then easterly to the high
water mark at the northernmost northern extremity of Delambre Island; then
south-easterly to a position 20° 28 S latitude, 117° 10 E longitude; then
easterly to a position 20° 28 S latitude, 117° 17 E longitude; then south to a
position 20° 30 9 S latitude, 117° 17 E longitude; then south-easterly to a
10 position 20° 36 9 S latitude, 117° 31 6 E longitude then south to the
intersection of the high water mark of the Indian Ocean and the 117° 31 6 E
meridian of longitude; then generally south-westerly, generally north-westerly,
generally north-easterly and again generally south-westerly, again generally
northeasterly and generally westerly along that mark to the northernmost
15 north-western extremity of Burrup Peninsula; then north-easterly crossing the
western entrance to Searipple Passage to the high water mark at the
westernmost south-western extremity of Dolphin Island and then generally
easterly, generally north-easterly, generally south-westerly and again generally
north-easterly along that mark to the starting point (including the beds of all
20 those navigable portions of rivers and creeks abutting the area) and excluding
De Witt Locations 66 (Special Lease 3116/4624), 67 (Special Lease
3116/4625), 69 (Special Lease 3116/4628), and that part of Locations 63
(Special Lease 3116/4622), 65 (Special Lease 3116/4623), 68 (Special
Lease 3116/4629), 106 (Special Lease 3116/4622) and 119 (Special
25 Lease 3116/7394) below the high water mark.
Lands and Surveys Public Plans: Karratha Regional 1:10 000 6.6, 7.6; Point
Samson 1:25 000 N.E.; Nickol Bay 1:25 000 S.E., S.W.; Dampier and Barron
Island 1:250 000; Roebourne 1: 250 000.
6. Port of Varanus Island
30 All that portion of water and sea bed within a radius of 3.3 nautical miles of the
Harriet loading terminal in position latitude 20° 37 47.38 S longitude 115° 36
25.87 E and to the extent of the high water mark on the islands contained
therein.
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Maritime Bill 1999
Schedule 1 Names and boundaries of ports
7. Port of Wyndham
Part A
All the water and sea bed of Cambridge Gulf seaward of high water mark
situate southerly from a line starting from the high water mark at the southern
5 extremity of Cape Dussejour and extending easterly to Trigonometrical Station
SO34 on Lacrosse Island and then south-easterly to the high water mark at the
northern extremity of Cape Domett.
Part B
All those portions of land comprised within Reserve 24041 (Wyndham Lots
10 378, 406, 600, 654, 719, 896, 1232, 1233, 1235, 1272, 1302, 1315, 1730, and
1737) on Lands and Surveys Plan No. 16431, Original Roll Plan Wyndham
41/2, Original Plan 7828, Diagram 72093, Original Plan 8779, Diagrams 71241,
70411, 72093 and 73335.
Lands and Surveys Public Plans: Wyndham 1:2 000 20.11, 20.12, 21.11, 21.12;
15 Wyndham S.W. 1:25 000; Mt Erskine N.W. 1:25 000; Cambridge Gulf
1:250 000; Medusa Banks 1:250 000.
8. Port of Yampi Sound
All that portion of water and sea bed bounded by lines starting at the
intersection of latitude 16° 13 13 S; with longitude 123° 32 32 E and
20 extending north 10 nautical miles; then east 15 nautical miles; then south to the
high water mark of the Indian Ocean; then generally north-westerly, generally
westerly and generally southerly along that mark to latitude 16° 13 13 S and
then west to the starting point including the beds and all the navigable waters of
abutting bays and creeks flowing into the area.
25 Lands and Surveys Public Plan: Yampi 1:250 000.
page 116
Maritime Bill 1999
Terms and conditions of appointment Schedule 2
Schedule 2 -- Terms and conditions of appointment
[s. 15]
1. Terms and conditions
An appointment agreement may include provisions --
5 (a) about the operation of the port generally;
(b) as to the maintenance and preservation of property --
(i) the management of which is vested in; or
(ii) which is leased to,
the operator for the purposes of this Act;
10 (c) requiring the operator to observe specified industry and other
codes and standards with such modifications or exemptions
as may be determined;
(d) requiring the operator to observe specified procedures with
regard to planning for and facilitating future growth and
15 development of the port or maritime facility;
(e) requiring the operator to observe specified procedures with
regard to the licensing of services and activities in the port or
maritime facility including such matters as --
(i) the calling of applications or tenders for licences;
20 (ii) the method of applying or tendering for licences;
(iii) the issue, duration, renewal, suspension or
cancellation of licences; and
(iv) the imposition of conditions on licences;
(f) requiring the operator to adhere to pricing arrangements for
25 specified services and facilities as may be determined;
(g) requiring the operator to maintain specified accounting
records and to prepare accounts according to specified
principles;
(h) requiring the operator to adhere to access arrangements for
30 channels as may be determined;
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Maritime Bill 1999
Schedule 2 Terms and conditions of appointment
(i) requiring the operator to adhere to access arrangements for
maritime services as may be determined;
(j) requiring the operator to provide specified information in
such manner and form as may be determined;
5 (k) specifying procedures for performance auditing and reporting
in relation to those matters included within the appointment
agreement;
(l) specifying the responsibilities of the operator in relation to its
marine safety plan under section 102 and, in particular, in
10 relation to the provision and maintenance of navigational aids
in accordance with that plan;
(m) specifying the responsibilities of the operator as part of the
State's oil spill management plan;
(n) specifying quality and performance standards to be met by
15 the operator;
(o) specifying obligations of the operator with respect to public
authorities;
(p) specifying standards to be met in relation to the appointment
of harbour masters and managers and the approval of pilots;
20 (q) requiring the operator to get the consent of the Director
General before changes are made in its corporate structure or
ownership;
(r) enabling the operator, with the consent of the Director
General, to assign any of its rights or obligations under the
25 appointment agreement to another person.
2. Definitions
In this Schedule --
"determined" means determined by the Director General;
"specified" means specified in the appointment agreement.
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Maritime Bill 1999
Purposes for which, or matters about which, regulations may Schedule 3
be made
Schedule 3 -- Purposes for which, or matters about which,
regulations may be made
[s. 158]
1. Vessels
5 1.1 The classification of vessels.
1.2 Specifying vessels or classes of vessels that are --
(a) required to be registered; or
(b) exempt from registration.
1.3 Certificates of registration.
10 1.4 The conditions to which the operation of any prescribed class of
vessels may be made subject.
1.5 The circumstances in which provision of --
(a) proof of ownership; or
(b) load line certificates, safety certificates or survey certificates,
15 or of other documents relating to vessels is required.
1.6 Requiring vessels to meet specified safety standards.
1.7 Providing for permits, including dealer permits, in respect of
unregistered vessels.
1.8 The hiring and hiring out of vessels.
20 1.9 Misconduct and unauthorized conduct on or in the vicinity of vessels
and the powers of masters, ships' officers and authorized officers to
deal with misconduct and unauthorized conduct.
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Maritime Bill 1999
Schedule 3 Purposes for which, or matters about which, regulations may be
made
2. Certificates of competency and safe crewing
2.1 The classification of certificates of competency.
2.2 Specifying the classes of persons by whom certificates of competency
are required and the classes of certificates of competency required by
5 those persons.
2.3 The prerequisites (including qualifications, experience and fitness) for
obtaining certificates of competency of specified classes.
2.4 The syllabuses for, and the manner of conduct of, examinations to be
passed as a prerequisite for obtaining certificates of competency.
10 2.5 Approval of courses, and recognition of examinations, conducted by
any person, including the State, inside or outside Western Australia.
2.6 The conditions to which certificates of competency may be made
subject.
2.7 The recognition, conditional recognition and suspension or
15 withdrawal of recognition, of external qualifications.
2.8 The minimum crewing requirements for any vessels or class of
vessels.
3. Vessel safety standards
3.1 The minimum standards for the design, construction and equipment of
20 vessels or classes of vessels, and the maintenance and periodic survey
of vessels and their equipment, and, in particular, for --
(a) structural strength, watertight subdivision, structural fire
protection and design loading;
(b) the carriage of passengers, passenger accommodation, guard
25 rails and bulwarks;
(c) the use of specific construction material;
(d) the location, means of access, structure, arrangement,
ventilation, heating, cooling, lighting, sanitation, free
movement areas, sleeping rooms, mess facilities and galleys
30 of crew accommodation;
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Maritime Bill 1999
Purposes for which, or matters about which, regulations may Schedule 3
be made
(e) the calculation and assignment of freeboards, the position and
marking of load lines, deck lines and draught marks and the
issue of load line certificates;
(f) the stability criteria for vessels;
5 (g) the boilers, machinery and electrical equipment to be
provided in vessels;
(h) liquefied petroleum gas, refrigeration and other dangerous
installations in vessels;
(i) the life saving appliances required to be carried on vessels or
10 classes of vessels and the location of those appliances;
(j) the fire fighting equipment, including alarm and
communication systems, required to be fitted to vessels or
classes of vessels and the location of that equipment;
(k) the type, number of items and standard of, and spares for,
15 radio equipment on vessels or classes of vessels; and
(l) equipment required for the safety of navigation or for the
safety of crew or passengers, including compasses,
emergency beacons and radar to be carried on vessels or
classes of vessels.
20 3.2 The methods for determining compliance with standards referred to in
item 3.1, including inclining experiments and the non-destructive
testing of hulls.
3.3 The accreditation of persons for the purpose of certifying compliance
with standards referred to in item 3.1.
25 3.4 The detention and survey of vessels under Part 3 Division 6 and
liability for and recovery of amounts arising out of the detention and
survey.
4. Operational safety
4.1 The maintenance in respect of vessels, or particular classes of vessel,
30 of vessel log books and radio log books and the form of those log
books.
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Maritime Bill 1999
Schedule 3 Purposes for which, or matters about which, regulations may be
made
4.2 The development, implementation and practice of emergency
procedures on vessels.
4.3 Requiring the masters of vessels to comply with specified
international conventions.
5 4.4 The movement, mooring, loading and unloading of vessels and the
taking on and landing of passengers.
4.5 The prevention of overloading and overcrowding of vessels.
4.6 The powers, duties and obligations of a harbour master in respect of
the matters referred to in item 4.5 and the rights and liabilities of
10 persons affected by the exercise of such a power or connected with a
vessel in respect of which such a power is exercised.
4.7 The taking in, management and discharge or delivery of ballast.
4.8 The speed of vessels.
4.9 Tide signals and other signals to be used in ports and other areas.
15 5. Maritime structures and other infrastructure generally
5.1 Standards of construction for maritime structures.
5.2 The protection of infrastructure and the reporting of damage to
infrastructure.
5.3 The control of access to infrastructure.
20 5.4 The prevention of obstruction of or interference with infrastructure.
5.5 The prevention of obstruction of or interference with the operation of
infrastructure.
5.6 Liability for loss or damage occurring because of obstruction of or
interference with the operation of a navigational aid.
25 6. Jetties
6.1 The landing, shipping, trans-shipping, unshipping, warehousing,
stowing, depositing, removal or keeping at, on or from jetties of
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Maritime Bill 1999
Purposes for which, or matters about which, regulations may Schedule 3
be made
explosives and dangerous goods as respectively defined by the
Explosives and Dangerous Goods Act 1961 and of such other
substances as the Minister may specify as being dangerous goods for
the purposes of the regulations.
5 6.2 The appointment of persons to preserve order on jetties.
6.3 Traffic on jetties and the means of transport to be used on them.
6.4 The powers of an officer to --
(a) move; or
(b) remove from a jetty,
10 vehicles or other things that are obstructing, or may obstruct, traffic
on the jetty.
6.5 The use, cleaning, repair, maintenance and effective preservation of
jetties.
6.6 The control of the operation of machinery on jetties.
15 6.7 The conduct of persons operating machinery on jetties.
6.8 The landing, shipping, trans-shipping, unshipping, warehousing,
stowing, depositing, removal or keeping at, on or from public jetties
of goods other than those substances referred to in item 6.1.
6.9 To require the master of a vessel to give notice of arrival at a public
20 jetty within a specified time before arrival.
6.10 To require the master of a vessel moored at a public jetty to produce
the certificate of registry or other national papers of that vessel to an
officer on demand.
6.11 To require the master of a vessel moored at a public jetty to give
25 documentation or information in such form as may be required by an
officer of all goods to be loaded or unloaded on to or from the vessel
at the jetty.
6.12 To require the master of a vessel to obtain permission to load or
unload goods at a public jetty before doing so.
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Maritime Bill 1999
Schedule 3 Purposes for which, or matters about which, regulations may be
made
6.13 To require the shippers of goods to furnish information as to the
goods intended to be shipped from a public jetty.
6.14 To give binding effect to --
(a) descriptions of and statements about goods (including as to
5 value) in bills of lading, manifests or receipts; and
(b) the terms and conditions of bills of lading, manifests or
receipts,
in respect of goods shipped from, or landed at, a public jetty.
6.15 The powers of an officer to deal with or sell or otherwise dispose of
10 goods that have remained on a public jetty for longer than a
prescribed period or are affecting or may affect any property of the
State or any other goods on the jetty, and --
(a) the liability of persons for any charges imposed or expenses
incurred by an officer in the exercise of powers under
15 regulations made under this item; and
(b) the manner in which the proceeds of goods sold by an officer
under powers under regulations made under this item may be
applied.
6.16 Limitation of the liability of the State for damage to or loss of goods
20 on public jetties either generally or in circumstances specified in the
regulations.
6.17 Exemption of the State from liability for damage to or loss of goods
on public jetties in circumstances specified in the regulations.
6.18 Limitation of the time for making a claim against the State for damage
25 to or loss of goods on public jetties.
7. Mooring control
7.1 The registration of mooring sites in mooring control areas.
7.2 The construction, installation, maintenance, inspection and removal
of, and other matters relating to, moorings in mooring control areas.
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Maritime Bill 1999
Purposes for which, or matters about which, regulations may Schedule 3
be made
7.3 The mooring and navigation of vessels and other things in mooring
control areas.
7.4 The anchoring of vessels in mooring prohibition areas.
7.5 The terms and conditions (including payment of fees) on which the
5 holder of a mooring area licence may permit other persons to moor
vessels and other things in the area.
8. Pilotage
8.1 Pilotage matters generally and, in particular --
(a) procedures for and matters relating to the approval of persons
10 as pilots;
(b) vessels that do not have to have an approved pilot; and
(c) procedures for and matters relating to pilotage exemption
certificates.
9. Control of departmental areas
15 9.1 Regulating or prohibiting --
(a) the entry or remaining within the boundaries of departmental
areas or any specified part of departmental areas by any
person or class of persons or thing or class of things;
(b) the doing or omitting to do any thing or class of things within
20 the boundaries of departmental areas or any specified part of
such areas,
either at all times and on all occasions or at any specified time or
times or on any specified occasion or occasions.
9.2 Traffic on departmental areas.
25 9.3 The powers of an officer to --
(a) move; or
(b) remove from a departmental area,
vehicles or other things that are obstructing, or may obstruct, traffic
on the departmental area.
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Maritime Bill 1999
Schedule 3 Purposes for which, or matters about which, regulations may be
made
9.4 Parking of vehicles on departmental areas.
9.5 The control of the operation of machinery on departmental areas.
9.6 The conduct of persons operating machinery on departmental areas.
9.7 The preservation of order on or in relation to departmental areas and
5 infrastructure on them including provision for or in respect of
preventing the entry of persons to a departmental area and provision
for the removal of persons loitering, squatting or otherwise
conducting themselves in a manner likely to prejudice the efficient
and convenient use of an area or infrastructure.
10 9.8 All matters relating to the protection of life, property and the
environment within departmental areas.
9.9 Regulating the use of departmental areas and in particular --
(a) prohibiting the removal of soil, sand, gravel, stone, rock or
other material from or otherwise interfering with such areas
15 without the written permission of the Director General;
(b) prohibiting the deposit of any matter, rubbish or litter on
departmental areas;
(c) prohibiting conduct that may endanger departmental areas or
infrastructure on them; or
20 (d) prohibiting the erection of any structure, post, pile, stake,
fence, mooring or any other thing placed on or fixed to land
or seabed within departmental areas without the written
permission of the Director General.
9.10 The abandonment or neglect of vessels or other material --
25 (a) on a departmental area; or
(b) outside a departmental area so as to affect or potentially
affect, a departmental area.
9.11 Authorizing and regulating the removal by or on behalf of the
Minister of any structure or other thing erected contrary to a
30 regulation made under this Act and providing for the recovery of the
cost and expenses of removal.
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Maritime Bill 1999
Purposes for which, or matters about which, regulations may Schedule 3
be made
9.12 The powers of an officer to deal with or sell or otherwise dispose of
goods that have remained on a departmental area for longer than a
prescribed period or are affecting or may affect any property of the
State or any other goods on the departmental area, and --
5 (a) the liability of persons for any charges imposed or expenses
incurred by an officer in the exercise of powers under
regulations made under this item; and
(b) the manner in which the proceeds of goods sold by an officer
under powers under regulations made under this item may be
10 applied.
9.13 The convenience of shipping or of the public within departmental
areas.
10. Licences, registration and other authorizations
10.1 Issue, granting, amendment, renewal, re-validation or transfer of
15 authorizations.
10.2 Applications for things referred to in item 10.1 and how they can be
dealt with.
10.3 Fees for things referred to in item 10.1, or applications for them or
matters related to them.
20 10.4 Imposition of conditions on authorizations.
10.5 Duration of authorizations.
10.6 Suspension, cancellation or revocation of authorizations.
10.7 The display or affixation of identification numbers assigned in respect
of authorizations.
25 11. Payment of fees and charges
11.1 Measures to encourage prompt payment of fees, charges, dues and
levies (including the imposition of penalties or interest, the refusal,
suspension, cancellation or revocation of authorizations, the
withholding of services, the requirement of payment in advance, and
30 the granting of concessions, reductions or discounts).
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Maritime Bill 1999
Schedule 3 Purposes for which, or matters about which, regulations may be
made
12. Ports and maritime facilities operated by appointed operators
12.1 Matters relating to a port or maritime facility operated by an
appointed operator that are of a kind in respect of which regulations
can be made relating to a departmental area.
5 13. General
13.1 Forms for use under this Act.
13.2 The recovery of expenses incurred by an officer in exercising powers
under the regulations.
13.3 Generally for the effective administration and performance of
10 functions conferred by this Act.
13.4 The control of navigation and maritime activities generally.
page 128
Maritime Bill 1999
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
applied provisions of the Limitation Convention .......................................109(1)
appointed operator............................................................................................ 3
appointment agreement..................................................................................... 3
approved ................................................................................................3, 69(1)
authorization .................................................................................................... 3
authorized officer ............................................................................................. 3
blood alcohol content ....................................................................................... 3
Building Code ............................................................................................27(1)
certificated .............................................................................................3, 69(1)
certificate of competency.................................................................................. 3
channel ............................................................................................................ 3
condition .......................................................................................................... 3
controlled area............................................................................................69(1)
convention ...............................................................................................103(1)
convention regulations..............................................................................103(1)
Court of Marine Inquiry.................................................................................... 3
dangerous thing................................................................................................ 3
Department ...................................................................................................... 3
department .................................................................................................45(1)
departmental area ............................................................................................. 3
determined ........................................................................................ Schedule 2
Director General............................................................................................... 3
document .................................................................................................150(3)
enforcement officer ...................................................................................... 133
exemption ........................................................................................................ 3
existing convention ..................................................................................103(1)
external qualification ........................................................................................ 3
goods ............................................................................................................... 3
harbour master ................................................................................................. 3
hinder............................................................................................................... 3
infrastructure.................................................................................................... 3
inter-State voyage........................................................................................ 5(2)
intra-State voyage........................................................................................ 5(2)
jetty.................................................................................................................. 3
legal process................................................................................................. 153
licence..................................................................................................28, 45(1)
page 129
Maritime Bill 1999
Defined Terms
log book .....................................................................................................85(1)
marine incident................................................................................................. 3
marine safety plan ....................................................................................102(1)
maritime activities ............................................................................................ 3
maritime facility............................................................................................... 3
maritime services.............................................................................................. 3
maritime structure ............................................................................................ 3
master .............................................................................................................. 3
Minister ........................................................................................................... 3
moor ..........................................................................................................56(1)
mooring ........................................................................................................... 3
mooring area licence......................................................................................... 3
mooring control area ........................................................................................ 3
mooring prohibition area .................................................................................. 3
movement ........................................................................................................ 3
navigable waters............................................................................................... 3
Navigation Act ................................................................................................. 3
navigation control notice .................................................................................. 3
navigational aid................................................................................................ 3
notice ........................................................................................................... 153
officer .............................................................................................................. 3
operate ............................................................................................................. 3
operator............................................................................................................ 3
overseas voyage .......................................................................................... 5(2)
owner...........................................................................................3, 38(1), 49(1)
penalties officer........................................................................................147(1)
performance requirements ..........................................................................27(1)
pilotage area...............................................................................................69(1)
port .................................................................................................................. 3
port authority.................................................................................................... 3
port authority port ............................................................................................ 3
port operator...............................................................................................27(1)
public authority ................................................................................................ 3
public jetty ....................................................................................................... 3
registered ......................................................................................................... 3
responsible Minister ...................................................................................27(1)
specified.......................................................... 60(3), 106(2), 139(4), Schedule 2
speed measuring equipment ......................................................................136(5)
State agreement ..........................................................................................16(3)
supervised area.........................................................................................100(3)
the harbour master provisions .....................................................................44(3)
page 130
Maritime Bill 1999
Defined Terms
Tribunal ........................................................................................................... 3
under compulsory pilotage................................................................................ 3
unregistered vessel .....................................................................................63(2)
use ................................................................................................................... 3
vessel ............................................................................................................... 3
vessel offence...........................................................................................147(1)
works .........................................................................................................27(1)
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