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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Shipping and Pilotage Amendment Bill 2006
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 4 replaced 3
4. Appointment of harbour masters 3
6. Section 6 amended 3
7. Section 7A inserted 4
7A. Deputy harbour masters: appointment and
functions 4
8. Section 7B inserted 5
7B. Marine safety plans 5
9. Section 9 amended 7
10. Section 10 amended 9
11. Section 11 amended 10
12. Section 11A inserted 11
11A. Delegation 11
13. Section 12 amended 11
14. Schedule repealed and certain proclamations
cancelled 13
154--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Shipping and Pilotage Amendment Bill 2006
A Bill for
An Act to amend the Shipping and Pilotage Act 1967 and to cancel
certain proclamations made under that Act.
The Parliament of Western Australia enacts as follows:
page 1
Shipping and Pilotage Amendment Bill 2006
s. 1
1. Short title
This is the Shipping and Pilotage Amendment Act 2006.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
5 (2) Different days may be fixed under subsection (1) for different
provisions.
3. The Act amended
The amendments in this Act are to the Shipping and Pilotage
Act 1967*.
10 [* Reprint 3 as at 21 March 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 415.]
4. Section 3 amended
Section 3 is amended as follows:
15 (a) by inserting in the appropriate alphabetical positions --
"
"CEO" means the chief executive officer of the
Department;
"controlled area" means an area of water outside a
20 port that is declared under section 10(1c) to be an
area in which pilotage services are to be used;
"marine safety plan" has the meaning given to that
term in section 7B(1);
"pilotage area" means a port or a controlled area;
25 ";
page 2
Shipping and Pilotage Amendment Bill 2006
s. 5
(b) by deleting the definitions of "harbour master" and
"port" and inserting instead --
"
"harbour master" of a port means --
5 (a) a harbour master of the port appointed under
section 4; or
(b) an acting harbour master of the port
appointed under the Interpretation Act 1984
section 52(1)(b); or
10 (c) a deputy harbour master of the port
appointed under section 7A when
performing a function of the harbour master
as authorised by section 7A(2), (3) or (5);
"port" means an area of water, or land and water, for
15 the time being declared to be a port under
section 10(1).
".
5. Section 4 replaced
Section 4 is repealed and the following section is inserted
20 instead --
"
4. Appointment of harbour masters
The Minister may, in writing, appoint any person to be
the harbour master of a port.
25 ".
6. Section 6 amended
Section 6(4) is amended by deleting "section." and inserting
instead --
" section or section 5(1)(d) or (3). ".
page 3
Shipping and Pilotage Amendment Bill 2006
s. 7
7. Section 7A inserted
After section 7 the following section is inserted --
"
7A. Deputy harbour masters: appointment and
5 functions
(1) The Minister may, in writing, appoint any person to be
a deputy harbour master of any port.
(2) If there is one deputy harbour master of a port, the
deputy harbour master may perform the functions of
10 the harbour master under this Act during any absence,
illness or incapacity of the harbour master.
(3) If there are 2 or more deputy harbour masters of a port,
one of them may if --
(a) nominated to do so by the CEO; or
15 (b) authorised to do so under arrangements
approved by the CEO,
perform the functions of the harbour master under this
Act during an absence, illness or incapacity of the
harbour master.
20 (4) Subsections (2) and (3) do not limit the Minister's
power under the Interpretation Act 1984
section 52(1)(b) to appoint an acting harbour master of
the port.
(5) Even if the harbour master of a port is able to perform
25 a function under this Act, a deputy harbour master of
the port may perform that function subject to the
supervision of the harbour master.
".
page 4
Shipping and Pilotage Amendment Bill 2006
s. 8
8. Section 7B inserted
Before section 8 the following section is inserted --
"
7B. Marine safety plans
5 (1) In this section --
"marine department" means the department of the
Public Service principally assisting the Minister
administering the Marine and Harbours Act 1981
in the administration of that Act;
10 "marine safety plan" means a plan prepared by the
safety operator for an MSP area and approved by
the CEO setting out the arrangements for marine
safety in the MSP area;
"MSP area" means an area of water, or land and
15 water, declared to be an MSP area under this
section;
"safety operator" has the meaning given to that term
in subsection (4).
(2) For the purposes of this section, the CEO may, by
20 notice published in the Gazette, declare an area of
water, or land and water, to be an MSP area.
(3) An MSP area cannot include --
(a) any land or water that is outside a port or
outside any controlled area outside a port; or
25 (b) any land that is controlled or managed by the
marine department; or
(c) any part of a mooring control area or fishing
boat harbour; or
(d) any land or water where the marine department
30 controls and manages shipping movements and
the use of facilities provided for shipping.
page 5
Shipping and Pilotage Amendment Bill 2006
s. 8
(4) If under subsection (2) the CEO declares an MSP area,
the CEO must, by notice published in the Gazette,
designate a person as the "safety operator" for the
MSP area.
5 (5) In designating a person as the safety operator for an
MSP area the CEO must take into account --
(a) the ability of the person to undertake the
functions of a safety operator; and
(b) the views of the person, or persons, who control
10 or manage shipping movements, and the use of
facilities provided for shipping, in the MSP
area.
(6) The Interpretation Act 1984 section 52 applies to the
designation of a person as the safety operator for an
15 MSP area as if the designation were an appointment.
(7) The CEO, by notice published in the Gazette, may at
any time cancel or amend a declaration or designation
made under this section.
(8) The safety operator for an MSP area is to have,
20 maintain and implement a marine safety plan for the
MSP area.
(9) The CEO is to monitor the maintenance and
implementation of the marine safety plan and may give
directions to the safety operator as to the maintenance
25 and implementation of the plan.
(10) The safety operator is to give effect to any direction
given under subsection (9).
(11) When required to do so under the regulations, and
whenever else directed to do so by the CEO, the safety
30 operator is to --
(a) review a marine safety plan; and
(b) submit modifications of the plan to the CEO for
approval.
page 6
Shipping and Pilotage Amendment Bill 2006
s. 9
(12) If the marine department controls and manages
shipping movements and the use of facilities provided
for shipping in an area that --
(a) is not, or is not part of, an MSP area; but
5 (b) is, or is a part of, a port or any controlled area
outside a port,
the chief executive officer of the marine department is
to have, maintain and implement a plan setting out the
arrangements for marine safety in the area.
10 ".
9. Section 9 amended
(1) Section 9(1) is amended by deleting "port or a prescribed
pilotage area outside a port." and inserting instead --
" pilotage area. ".
15 (2) Section 9(2)(a) is deleted and the following paragraphs are
inserted instead --
"
(a) provide for the issue of a licence to a person to
act as a pilot for a pilotage area specified in the
20 licence (a "pilot's licence");
(aa) provide for the period for which a pilot's
licence has effect;
(ab) provide for the imposition of conditions on a
pilot's licence and for the revocation or
25 amendment of conditions so imposed;
(ac) prescribe procedures and prerequisites for, and
other matters relating to, the issue or renewal of
a pilot's licence;
(ad) provide for the suspension or revocation of a
30 pilot's licence;
page 7
Shipping and Pilotage Amendment Bill 2006
s. 9
(ae) provide for a person aggrieved by --
(i) a decision not to issue a pilot's licence
to the person or not to renew the
person's pilot's licence; or
5 (ii) a decision made in respect of that
person under regulations made under
paragraph (ab) or (ad),
to apply to the State Administrative Tribunal
for a review of the decision;
10 (af) prohibit a person from moving a vessel in a
pilotage area without it being under the control
of a person who holds a pilot's licence for the
pilotage area unless under the regulations --
(i) that person is permitted to do so; or
15 (ii) the vessel does not have to be under the
control of a person who has a pilot's
licence;
(ag) prohibit a person from acting as pilot in a
pilotage area unless the person does so under
20 and in accordance with a pilot's licence for the
pilotage area;
(ah) provide for persons appointed as pilots under
section 4 before the coming into operation of
the Shipping and Pilotage Amendment Act 2006
25 to be regarded for a prescribed period as
holding pilot's licences;
".
Note: The heading to section 9 will be altered to read "Pilotage and pilotage
charges".
page 8
Shipping and Pilotage Amendment Bill 2006
s. 10
10. Section 10 amended
(1) Section 10(1) is repealed and the following subsections are
inserted instead --
"
5 (1) The regulations may declare an area of water, or land
and water, intended for use either wholly or partly in
connection with the movement, loading, unloading,
maintenance or provisioning of vessels to be a port for
the purposes of this Act.
10 (1a) A port is to be --
(a) known by the name; and
(b) bounded by the limits,
specified in the regulations in relation to that port.
(1b) A port named in the Port Authorities Act 1999
15 Schedule 1 is not a port for the purposes of this Act and
a declaration under subsection (1) cannot relate to a
port so named.
(1c) The regulations may declare an area of water outside a
port to be an area in which pilotage services are to be
20 used.
".
(2) Section 10(2) is amended as follows:
(a) in paragraph (a) by deleting "port,";
(b) after paragraph (a) by inserting --
25 " or ";
(c) by deleting paragraph (b) and inserting instead --
"
(b) vary the boundaries of a place declared to be a
fishing boat harbour or mooring control area
30 under this subsection, or declare a fishing boat
harbour or mooring control area to be no longer
page 9
Shipping and Pilotage Amendment Bill 2006
s. 11
a fishing boat harbour or mooring control area,
as the case may be, for the purposes of this Act;
or
".
5 (3) Section 10(3) is repealed and the following subsections are
inserted instead --
"
(3) In subsections (4) and (5) --
"existing port" means a port specified in the Schedule
10 repealed by the Shipping and Pilotage Amendment
Act 2006 section 14;
"regulations" means regulations made for the
purposes of subsection (1).
(4) An area declared to be a port by the initial regulations
15 is taken to be the same port as an existing port of the
same name even if it is bounded by different limits.
(5) If --
(a) the initial regulations divide an existing port
into 2 or more ports; or
20 (b) subsequent regulations divide a port into 2 or
more ports,
the regulations may contain any transitional provisions
that are necessary or convenient in relation to the
division.
25 ".
11. Section 11 amended
Section 11 is amended in the penalty by deleting "$200" and
inserting instead --
" $12 000 ".
page 10
Shipping and Pilotage Amendment Bill 2006
s. 12
12. Section 11A inserted
After section 11 the following section is inserted --
"
11A. Delegation
5 (1) The Minister may delegate to any officer of the
Department any power or duty of the Minister under
another provision of this Act.
(2) The delegation must be in writing signed by the
Minister.
10 (3) A person to whom a power or duty is delegated under
this section cannot delegate the power or duty.
(4) A person exercising or performing a power or duty that
has been delegated under this section, is to be taken to
do so in accordance with the terms of the delegation
15 unless the contrary is shown.
(5) Nothing in this section limits the ability of the Minister
to perform a function through an officer or agent.
".
13. Section 12 amended
20 (1) Section 12(1) is amended as follows:
(a) after paragraph (a) by inserting --
"
(aa) relating to the movement, mooring, berthing,
loading and unloading of vessels generally;
25 ";
(b) after paragraph (bb) by inserting --
"
(bc) in relation to marine safety plans, providing
for --
30 (i) their form and the matters to be dealt
with in them; and
page 11
Shipping and Pilotage Amendment Bill 2006
s. 13
(ii) the procedures for submitting and
obtaining approval of them; and
(iii) their review and procedures for
submitting and obtaining approval of
5 modifications of them; and
(iv) the powers that the CEO can exercise in
order to monitor their maintenance and
implementation;
";
10 (c) in paragraph (d) by deleting "Act." and inserting
instead --
" Act; ";
(d) after paragraph (d) by inserting --
"
15 (e) providing for the period for which the
appointment of a person as a harbour master or
deputy harbour master has effect;
(f) providing for the imposition of conditions on
the appointment of a harbour master or deputy
20 harbour master and for the revocation or
amendment of conditions so imposed;
(g) prescribing procedures and prerequisites for,
and other matters relating to, the appointment
of a person as a harbour master or deputy
25 harbour master or the renewal of an
appointment;
(h) providing for the revocation of the appointment
of a harbour master or deputy harbour master;
(i) relating to the continuation for a prescribed
30 period of appointments of harbour masters
made under section 4 before the coming into
operation of the Shipping and Pilotage
Amendment Act 2006.
".
page 12
Shipping and Pilotage Amendment Bill 2006
s. 14
(2) Section 12(2) is amended as follows:
(a) in paragraph (a) by deleting "$2 000" and inserting
instead --
" $12 000 ";
5 (b) after paragraph (b) by inserting --
"
(ba) provide for fees or charges to be paid in respect
of matters to which the regulations relate and
prescribe or provide for those fees or charges;
10 ".
14. Schedule repealed and certain proclamations cancelled
(1) The Schedule is repealed.
(2) The following proclamations made under section 10(2) are
cancelled --
15 (a) the proclamation about the port of Jurien published in
the Gazette 23 March 1989;
(b) the proclamation varying the boundaries of the port of
Onslow published in the Gazette 24 August 1990;
(c) the proclamations varying the boundaries of the port of
20 Perth published in the Gazette 13 June 1986 and
13 February 1987;
(d) the proclamation about the port of Varanus Island
published in the Gazette 18 April 1986;
(e) the proclamation varying the boundaries of Port Walcott
25 published in the Gazette 17 November 1989.
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