{"id":"shipping-and-pilotage-mooring-control-areas-regulations-1983","name":"Shipping and Pilotage (Mooring Control Areas) Regulations 1983","slug":"shipping-and-pilotage-mooring-control-areas-regulations-1983","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182005,"registerId":"wa-shipping-and-pilotage-mooring-control-areas-regulations-1983-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shipping and Pilotage (Mooring Control Areas) Regulations 1983","content":"![Crest]()Western Australia\n\nShipping and Pilotage Act 1967\n\nShipping and Pilotage (Mooring Control Areas) Regulations 1983\n\nWestern Australia\n\nShipping and Pilotage (Mooring Control Areas) Regulations 1983\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Application 2\n\n5. Installation and use of moorings in mooring control areas 3\n\n6. Application to hire mooring site 3\n\n6A. Additional hire periods 4\n\n7. Fees prescribed 5\n\n7A. Payment and refund of fees 7\n\n8. Approval for installation of mooring apparatus and hire of mooring site 7\n\n9. Moorings may be required to be relocated 9\n\n10. Moorings to be kept maintained 9\n\n11. Deteriorated moorings 10\n\n12. Mooring site hirer’s rights limited 10\n\n13. Directions about floats, buoys and display of information on moorings 11\n\n14. Mooring to be suited to vessel and inspection report may be required 11\n\n15. Mooring site hire may be terminated 12\n\n16. Use of moorings 12\n\n16A. Prevention of collisions 13\n\n17. Notice to be given to controlling authority 14\n\n18. Mooring site may be surrendered 14\n\n19. Offences 14\n\n20. Authorised fee officers 15\n\n21. Waiver of fees 15\n\n22. Details of waivers to be accessible on website 16\n\n23. Effect of waiver 17\n\n24. Refund of fees 17\n\n25. Transitional provisions for *Transport Regulations Amendment (Mooring Control Areas) Regulations 2024* 17\n\nNotes\n\nCompilation table 19\n\nOther notes 20\n\nDefined terms\n\n  \n\nShipping and Pilotage Act 1967\n\nShipping and Pilotage (Mooring Control Areas) Regulations 1983\n\n##### 1. Citation\n\nThese regulations may be cited as the *Shipping and Pilotage (Mooring Control Areas) Regulations 1983*.\n\n##### 2. Commencement\n\nThese regulations shall come into operation on the date of the coming into operation of section 10 of the *Shipping and Pilotage Act Amendment Act 1978* (in so far as it inserts paragraph (bb) into section 12 of the *Shipping and Pilotage Act 1967*).\n\n##### 3. Terms used\n\nIn these regulations, unless the contrary intention appears —\n\n  Act means the *Shipping and Pilotage Act 1967*;\n\nadditional hire period, in relation to a mooring site, means any period of time for which a hirer is taken to hire the mooring site under regulation 6A(2);\n\nauthorised fee officer means a person designated under regulation 20 acting in accordance with the terms of the designation;\n\n  displacement tonnage means the weight of the vessel or other floating object in metric tonnes;\n\nfee means a fee, due or charge in respect of which these regulations make provision;\n\nhirer means a person who hires a mooring site under these regulations;\n\n  mooring, mooring apparatus means a mooring, or a structure or an apparatus used to secure any floating object or apparatus in any mooring control area whether or not that structure or apparatus is itself beyond the shores of the water, and whether or not that structure or apparatus is, or is proposed to be, used for any other purpose;\n\nmooring site means a site at which a mooring apparatus is, or is proposed to be, located;\n\nnominated vessel, in relation to a mooring site, means —\n\n(a) the vessel or other floating object specified in the application to hire the mooring site; or\n\n(b) if the hire has been altered under regulation 17(2) — the vessel or floating object specified in accordance with that subregulation;\n\n  person includes a body corporate or partnership;\n\nwritten instrument means an instrument in writing signed by a controlling authority or by an authorised fee officer.\n\n[Regulation 3 amended: Gazette 31 Dec 1993 p. 6910; 11 Dec 1998 p. 6650; SL 2022/47 r. 9; SL 2024/69 r. 4.]\n\n##### 4. Application\n\n(1) Subject to subregulation (2), these regulations apply to any mooring control area proclaimed under section 10(2) of the Act.\n\n(2) These regulations do not apply to any mooring control area to which the *Mooring Regulations 1998* apply.\n\n[(3) deleted]\n\n[Regulation 4 amended: Gazette 11 Dec 1998 p. 6650; SL 2021/147 r. 36; SL 2024/69 r. 5.]\n\n##### 5. Installation and use of moorings in mooring control areas\n\n(1) A person must not install a mooring for a vessel or other floating object in a mooring control area unless the installation has been approved by the controlling authority.\n\n(2A) Except as provided in subregulation (2), a person must not use a mooring for a vessel or other floating object in a mooring control area unless the mooring site is hired to the person under these regulations.\n\n(2) Despite subregulation (2A), where a mooring has been established in a mooring control area before the proclamation of that mooring control area, a person may use that mooring —\n\n(a) within 60 days after the proclamation; and\n\n(b) more than 60 days after the proclamation if —\n\n(i) an application to hire the relevant mooring site has been made to the controlling authority by the person in accordance with regulation 6; and\n\n(ii) the controlling authority has not refused to hire that mooring site to the person.\n\n[Regulation 5 amended: Gazette 11 Dec 1998 p. 6651; 11 Feb 2011 p. 482‑3; SL 2024/69 r. 6 and 19.]\n\n##### 6. Application to hire mooring site\n\n(1) An application to hire a mooring site must be made to the controlling authority in the form approved by the controlling authority and must contain the following information —\n\n(a) the full name, residential address and telephone number of the applicant and where the applicant is a body corporate or partnership the registered address and the name, address and telephone number of a natural person who may be contacted in relation thereto;\n\n(b) the location of the mooring site;\n\n(c) the purpose for which the vessel or other floating object to be placed on the mooring is to be used, whether private or commercial;\n\n(d) the type, size and displacement tonnage of the vessel or other floating object to be placed on the mooring;\n\n(da) the period of time, no longer than 12 months, for which the applicant seeks to hire the mooring site;\n\n(e) where it is intended to moor a registered vessel on the mooring, the registration number of the vessel;\n\n(f) where it is intended to moor a vessel or a floating object, other than a registered vessel, on the mooring, such identification of that vessel or object as the controlling authority may require.\n\n[(2) deleted]\n\n(3) The applicant must supply such further information or material as the controlling authority may reasonably require.\n\n[Regulation 6 amended: Gazette 31 Dec 1993 p. 6910; 11 Dec 1998 p. 6651; 11 Feb 2011 p. 483; SL 2024/69 r. 7 and 19.]\n\n##### 6A. Additional hire periods\n\n(1) Subregulation (2) applies if —\n\n(a) a mooring site has been hired to a hirer in accordance with these regulations for a period of time (the initial hire period); and\n\n(b) the initial hire period has ended; and\n\n(c) the hirer has not by notice in writing to the controlling authority surrendered the mooring site.\n\n(2) Immediately after each of the following periods of time, the hirer is taken to continue to hire the mooring site for the period of time determined under subregulation (3) —\n\n(a) the initial hire period;\n\n(b) any period of time for which the hirer is taken to continue to hire the mooring site under this subregulation.\n\n(3) For the purposes of subregulation (2), the period of time is —\n\n(a) a period of time equal to the initial hire period; or\n\n(b) if the hirer has nominated in writing another period of time of no longer than 12 months — the period of time most recently nominated by the hirer under this paragraph.\n\n[Regulation 6A inserted: SL 2024/69 r. 8.]\n\n##### 7. Fees prescribed\n\n(1) In this regulation —\n\nrelevant area means —\n\n(a) any of the following mooring control areas —\n\n(i) Bremer Bay‑Fishery Beach Mooring Control Area;\n\n(ii) Bunbury‑Koombana Bay — Casuarina Boat Harbour;\n\n(iii) Carnarvon Fishing Boat Harbour;\n\n(iv) Exmouth Boat Harbour Mooring Control Area;\n\n(v) Jervoise Bay Mooring Control Area;\n\n(vi) Kalbarri Murchison River Mooring Control Area;\n\n(vii) Port of Onslow Mooring Control Area;\n\nand\n\n(b) the Inner Harbour of the Port Denison mooring control area.\n\n(2) The fee to hire a mooring site, other than a mooring site referred to in subregulation (3), with a mooring apparatus in a relevant area is —\n\n(a) a fee of $2.90 per day, or part of a day, per metre of the length of the nominated vessel in relation to the mooring site; or\n\n(b) a fee of $6.60 per week per metre of the length of the nominated vessel in relation to the mooring site; or\n\n(c) a fee of $22.05 per month per metre of the length of the nominated vessel in relation to the mooring site; or\n\n(d) if the period of time to which the fee relates is 3 months or more — a fee of $13.40 per month per metre of the length of the nominated vessel in relation to the mooring site; or\n\n(e) a fee of $147.20 per year per metre of the length of the nominated vessel in relation to the mooring site; or\n\n(f) a fee calculated using a combination of the fees referred to in paragraphs (a) to (d).\n\n(3) The fee to hire a mooring site with a mooring apparatus installed by or on behalf of the Department in a relevant area is —\n\n(a) a fee of $40.30 per day, or part of a day, per metre of the length of the nominated vessel in relation to the mooring site; or\n\n(b) a fee of $228.15 per week per metre of the length of the nominated vessel in relation to the mooring site; or\n\n(c) a fee calculated using a combination of the fees referred to in paragraphs (a) and (b).\n\n(4) If the fee under this regulation to hire a mooring site could be determined under more than 1 provision, the provision that results in the lower fee applies.\n\n[Regulation 7 inserted: SL 2024/69 r. 8; amended: SL 2025/64 r. 14.]\n\n##### 7A. Payment and refund of fees\n\n(1) The appropriate fee under regulation 7(2) or (3) must be paid to the controlling authority in accordance with a notice or agreement under subregulation (2) —\n\n(a) by an applicant in relation to an application to hire a mooring site based on the period of time set out under regulation 6(1)(da) in the application; or\n\n(b) by a hirer in relation to any additional hire period in relation to a mooring site.\n\n(2) For the purposes of subregulation (1), the controlling authority must do 1 of the following —\n\n(a) give the applicant or hirer a notice specifying the day, which must not be less than 14 days after the day on which the notice is given, by which the fee must be paid;\n\n(b) enter into an agreement with the applicant or hirer specifying the day by which the fee must be paid.\n\n(3) If an application to hire a mooring site is refused, the controlling authority must refund any fee paid in relation to the application.\n\n[Regulation 7A inserted: SL 2024/69 r. 8.]\n\n##### 8. Approval for installation of mooring apparatus and hire of mooring site\n\n(1) If an application under regulation 6 that relates to a mooring site at which no mooring apparatus is located is made, the controlling authority may grant approval for the installation of a mooring apparatus by notice in writing to the applicant if it is satisfied of the following —\n\n(a) that the mooring site is appropriate;\n\n(b) that the mooring apparatus proposed by the applicant is generally suitable for the nominated vessel;\n\n(c) that the nominated vessel will not constitute a danger or interfere with the navigation of other craft that may use the area;\n\n(d) that the establishment of the mooring site in the area selected is not likely to interfere with other possible usage of the waters.\n\n(2) If approval is granted for the installation of a mooring apparatus under subregulation (1) the applicant must —\n\n(a) notify the controlling authority when the mooring apparatus is in position; and\n\n(b) if required to do so by the controlling authority, assist a person nominated by the controlling authority in an inspection of the mooring apparatus.\n\n(3) If an application under regulation 6 in relation to a mooring site is made and the controlling authority is satisfied that the provisions of these regulations have been complied with in relation to the mooring site, it may hire the mooring site to the applicant.\n\n(4) If a mooring has been established by a person in a mooring control area prior to the proclamation of that mooring control area and if that person makes application in accordance with regulation 6 to hire the mooring site upon which that mooring has been established, the controlling authority may, upon being satisfied that the provisions of these regulations have been complied with, hire the mooring site to the applicant without giving the notice referred to in subregulation (1) and the controlling authority must give notice in writing of the hire to the applicant.\n\n(5) Where a mooring has been established in a mooring control area but application is not made to the controlling authority in accordance with regulation 6 the controlling authority may remove and destroy that mooring, but the power of removal and destruction cannot be exercised if the controlling authority is aware of the identity of the owner or reputed owner of that mooring until —\n\n(a) the controlling authority sends such owner or reputed owner notice of its intention to remove and destroy the mooring unless application under regulation 6 is made to it within 14 days after the date appearing on the notice; and\n\n(b) the period of 14 days expires without such an application being made.\n\n(6) Without prejudice to the provisions of section 31 of the *Interpretation Act 1918* 1, notice under subregulation (5) may be given by fixing it to any vessel secured to the mooring or by attaching it to the mooring apparatus.\n\n[Regulation 8 amended: Gazette 11 Dec 1998 p. 6651; SL 2024/69 r. 9 and 19.]\n\n##### 9. Moorings may be required to be relocated\n\nThe controlling authority may, subject to the approval of the Department, vary or alter mooring sites within the mooring area and a hirer must, within one month (or such lesser period as is reasonably required) of receipt of a request from the controlling authority, or the Department, relocate or remove any mooring from the site so varied or altered.\n\n[Regulation 9 amended: Gazette 11 Dec 1998 p. 6651; SL 2024 r. 19 and 20.]\n\n##### 10. Moorings to be kept maintained\n\nThe hirer must keep and maintain the mooring —\n\n(a) at the hired mooring site; and\n\n(b) in good and substantial condition and repair; and\n\n(ba) so that it at all times complies with any direction given under regulation 13; and\n\n(c) so that it at all times complies with regulation 14(1).\n\n[Regulation 10 amended: SL 2024/69 r. 10 and 19-21.]\n\n##### 11. Deteriorated moorings\n\nWhere a mooring with a mooring apparatus not installed by or on behalf of the Department deteriorates to the extent that it is dangerous, unusable, in need of repair or no longer occupies the hired mooring site the controlling authority may —\n\n(a) require the hirer to repair, relocate or remove the mooring within a specified time;\n\n(b) where the hirer cannot be contacted or does not repair, relocate or remove the mooring within the time specified, remove and destroy the mooring.\n\n[Regulation 11 amended: Gazette 11 Dec 1998 p. 6651; SL 2024/69 r. 11, 20 and 21.]\n\n##### 12. Mooring site hirer’s rights limited\n\n(1) The hirer cannot assign, sell or otherwise dispose of any rights associated with the mooring site without first obtaining the approval of the controlling authority in writing.\n\n(2) Where a hirer is a body corporate a change effecting alteration to the beneficial ownership of one half or more of the shares in its capital is taken to be an assignment requiring approval under subregulation (1).\n\n[(3) deleted]\n\n(4) In accordance with paragraph (d) of the definition of ***licence*** in the *Personal Property Securities Act 2009* (Commonwealth) section 10, a right associated with a hired mooring site is declared not to be personal property for the purposes of that Act.\n\n[Regulation 12 amended: Gazette 11 Dec 1998 p. 6651; 14 Feb 2012 p. 670; SL 2024/69 r. 12, 20 and 21.]\n\n##### 13. Directions about floats, buoys and display of information on moorings\n\nThe controlling authority may by notice in writing to a hirer do 1 or more of the following —\n\n(a) make a direction in relation to the size, shape or colour of a float or buoy used at the mooring site hired by the hirer;\n\n(b) direct that the hirer display, on a mooring apparatus, a mooring number or any other information.\n\n[Regulation 13 inserted: SL 2024/69 r. 13.]\n\n##### 14. Mooring to be suited to vessel and inspection report may be required\n\n(1) Any mooring apparatus on a mooring site must be of a nature, material, dimension, size, type and construction that will provide a secure mooring for the nominated vessel in relation to the mooring site.\n\n(2) A controlling authority may require, in writing, a hirer of a mooring site with a mooring apparatus installed by or on behalf of the hirer to provide to the controlling authority an inspection report from an inspector approved by the controlling authority as to the condition of the mooring.\n\n(3) The hirer must provide the report within 28 days after being required to do so by the controlling authority.\n\n(4) If, as a result of the report, the controlling authority is not satisfied with the condition of the mooring, the controlling authority may —\n\n(a) require the hirer to repair, relocate or remove the mooring within a specified time; or\n\n(b) if the hirer cannot be contacted or does not repair, relocate or remove the mooring within the time specified, remove and destroy the mooring.\n\n[Regulation 14 inserted: SL 2024/69 r. 13.]\n\n##### 15. Mooring site hire may be terminated\n\n(1) The controlling authority may terminate the hiring of a mooring site if —\n\n(a) the controlling authority considers it desirable in the public interest that the hiring should be terminated; or\n\n(b) the hirer ceases to own or control the nominated vessel in relation to the mooring site; or\n\n(c) a fee has not been paid in relation to the mooring site in accordance with regulation 7A; or\n\n(d) the hirer does not comply with a direction under regulation 13; or\n\n(e) an inspection report is not provided in accordance with regulation 14(3).\n\n(2) Subregulation (1) applies whenever the mooring site is hired, including during any additional hire period.\n\n[Regulation 15 inserted: SL 2024/69 r. 13.]\n\n##### 16. Use of moorings\n\n(1) A person must not secure a vessel or floating object to a mooring without the consent of the hirer.\n\n(2) The hirer must not without the previous approval of the controlling authority use or permit to be used the mooring at the hired mooring site for mooring —\n\n(a) a vessel or other floating object of larger dimensions than the nominated vessel in relation to the mooring site; or\n\n(b) more than one vessel or other floating object simultaneously.\n\n(3) Subregulation (2)(b) does not apply to a hirer who uses or permits to be used a mooring at a hired mooring site for mooring 2 vessels if —\n\n(a) 1 of the vessels is the nominated vessel in relation to the mooring site or another vessel permitted under these regulations to use the mooring; and\n\n(b) the other vessel is a tender marked, in accordance with the *Navigable Waters Regulations 1958* regulation 2(1), with the same registration number as the vessel referred to in paragraph (a).\n\n[Regulation 16 amended: Gazette 11 Dec 1998 p. 6651; SL 2024/69 r. 14 and 19-21; SL 2024/191 r. 45.]\n\n##### 16A. Prevention of collisions\n\n(1) Except as provided in subregulation (2), a vessel within a mooring control area must comply with the requirements of the *Prevention of Collisions in State Waters Regulations 1983* made under the *Western Australian Marine Act 1982*.\n\n(2) Notwithstanding subregulation (1), a vessel, when moored in accordance with these regulations within a mooring control area —\n\n(a) is not obliged to exhibit the lights or shapes prescribed in Rule 30(a) and (b); and\n\n(b) is not obliged to give the signals prescribed in Rule 35(g) and (i),\n\nof the International Regulations for Preventing Collisions at Sea 1972, as set out in the *Prevention of Collisions in State Waters Regulations 1983* made under the *Western Australian Marine Act 1982*.\n\n[Regulation 16A inserted: Gazette 24 May 1985 p. 1765‑6; SL 2024/69 r. 19; amended: SL 2025/68 r. 12.]\n\n##### 17. Notice to be given to controlling authority\n\n(1) A hirer of a mooring site must, within 7 days, notify the controlling authority —\n\n(a) of any disposal by the hirer of the nominated vessel in relation to the mooring site or any interest therein; or\n\n(b) of any alteration to the information contained in the application to hire the mooring site, including any change of address or telephone number of the hirer or the natural person who may be contacted on behalf of a body corporate or partnership.\n\n(2) The hirer of a mooring site must, upon ceasing to own the nominated vessel in relation to the mooring site, apply to the controlling authority providing such information as may be required for alteration of the hire of the mooring site to specify a different vessel or floating object belonging to the hirer.\n\n[Regulation 17 amended: Gazette 11 Dec 1998 p. 6651; SL 2024/69 r. 15, 19 and 20.]\n\n##### 18. Mooring site may be surrendered\n\n(1) A hirer may by notice in writing to the controlling authority surrender a hired mooring site, but such surrender does not entitle the hirer to a refund of any fee paid in respect of any period after the date of surrender.\n\n(2) A person who surrenders a hired mooring site must within one month of giving notice of surrender remove the mooring, failing which the controlling authority may remove and destroy the mooring.\n\n[Regulation 18 amended: Gazette 31 Dec 1993 p. 6911; 11 Dec 1998 p. 6651; SL 2024/69 r. 16 and 19-21.]\n\n##### 19. Offences\n\n(1) Where by these regulations an act is required to be done or forbidden to be done in relation to any mooring site or any mooring at a mooring site, the hirer of the mooring site has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be.\n\n(2) A person who contravenes any provision of these regulations or does not do that which, by or under these regulations, the person is required or directed to do, commits an offence against these regulations.\n\nPenalty for this subregulation: a fine of $200.\n\n[Regulation 19 amended: SL 2024/69 r. 17.]\n\n##### 20. Authorised fee officers\n\n(1) A controlling authority may, in writing, designate a person to be an authorised fee officer for the purposes of these regulations in relation to fees payable to that controlling authority.\n\n(2) A designation under this regulation may authorise the person to act —\n\n(a) generally for the purposes of these regulations; or\n\n(b) as specified in the terms of the designation, only —\n\n(i) in relation to particular functions under these regulations; or\n\n(ii) in relation to particular fees or kinds of fees; or\n\n(iii) in particular circumstances.\n\n(3) A person performing a function in reliance on a designation under this regulation is taken to do so in accordance with the terms of the designation unless the contrary is shown.\n\n[Regulation 20 inserted: SL 2022/47 r. 10.]\n\n##### 21. Waiver of fees\n\n(1) A controlling authority or an authorised fee officer designated by it may by written instrument waive in whole or in part, during a period specified in the instrument, a fee or a class of fees payable to the controlling authority either —\n\n(a) generally; or\n\n(b) as specified in the instrument, in relation to —\n\n(i) a particular vessel or a class of vessels; or\n\n(ii) a particular place or places; or\n\n(iii) a particular person or a class of persons.\n\n(2) The controlling authority or an authorised fee officer designated by it may by written instrument (the amending instrument) —\n\n(a) if a waiver made under subregulation (1) has not yet come into effect — revoke the waiver; or\n\n(b) if a waiver made under subregulation (1) is in effect — alter the date on which the waiver is to cease to have effect, but not to a date earlier than the day after the date on which the amending instrument is signed.\n\n(3) A written instrument made under this regulation is not subsidiary legislation for the purposes of the *Interpretation Act 1984*.\n\n[Regulation 21 inserted: SL 2022/47 r. 10.]\n\n##### 22. Details of waivers to be accessible on website\n\n(1) While a waiver made under regulation 21(1) is in effect and for at least 12 months after it ceases to have effect, the controlling authority must provide public access on a website maintained by, or on behalf of, the Department to —\n\n(a) the written instrument by which the waiver is made; and\n\n(b) any amending instrument, as defined in regulation 21(2), relating to the waiver.\n\n(2) A failure to comply with subregulation (1) does not affect the validity of the written instrument or instruments concerned.\n\n[Regulation 22 inserted: SL 2022/47 r. 10.]\n\n##### 23. Effect of waiver\n\nDespite any other provision of these regulations, if a fee that would otherwise be payable is waived under regulation 21 —\n\n(a) there is no requirement to pay the fee; and\n\n(b) the rights and obligations under the Act of every person are as they would be if the fee had not been waived, and had been paid.\n\n[Regulation 23 inserted: SL 2022/47 r. 10.]\n\n##### 24. Refund of fees\n\n(1) A controlling authority or an authorised fee officer designated by it may refund in whole or in part any fee that has been paid to the controlling authority.\n\n(2) If a fee is refunded under subregulation (1) the rights and obligations under the Act of every person —\n\n(a) are as specified by the controlling authority or authorised fee officer on making the refund; and\n\n(b) to the extent that they are not specified under paragraph (a), are as they would be if the fee, or so much of it as has been refunded, had not been paid.\n\n[Regulation 24 inserted: SL 2022/47 r. 10.]\n\n##### 25. Transitional provisions for *Transport Regulations Amendment (Mooring Control Areas) Regulations 2024*\n\n(1) In this regulation —\n\ncommencement day means the day on which the *Transport Regulations Amendment (Mooring Control Areas) Regulations 2024* regulation 3 comes into operation;\n\npre‑commencement regulations means these regulations as in force immediately before commencement day.\n\n(2) An application under the pre‑commencement regulations for the registration of a mooring site that has been made, but not decided by the controlling authority, before commencement day is, on and from commencement day, taken to be an application under these regulations to hire the mooring site.\n\n(3) Any fee paid under the pre‑commencement regulations regulation 7 in relation to a period of time that ends after commencement day is taken to be a fee paid under regulation 7A for that period of time.\n\n(4) A person who, immediately before commencement day, was a registered owner in relation to a mooring site under the pre‑commencement regulations is taken to be the hirer of the mooring site under and is subject to these regulations.\n\n[Regulation 25 inserted: SL 2024/69 r. 18.]\n\n[Schedule deleted: Gazette 11 Feb 2011 p. 483.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Shipping and Pilotage (Mooring Control Areas) Regulations 1983* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Shipping and Pilotage (Mooring Control Areas) Regulations 1983* | 28 Nov 1983 p. 4709‑14 | 28 Nov 1983 (see r. 2 and *Gazette* 28 Nov 1983 p. 4707) |\n| *Shipping and Pilotage (Mooring Control Areas) Amendment Regulations 1985* | 24 May 1985 p. 1765‑6 | 24 May 1985 |\n| *Shipping and Pilotage (Mooring Control Areas) Amendment Regulations 1993* | 31 Dec 1993 p. 6910‑11 | 31 Dec 1993 |\n| *Shipping and Pilotage (Mooring Control Areas) Amendment Regulations 1998* | 11 Dec 1998 p. 6650‑1 | 11 Dec 1998 (see r. 2) |\n| **Reprint 1: The *Shipping and Pilotage (Mooring Control Areas) Regulations 1983* as at 8 Aug 2003** (includes amendments listed above) | | |\n| *Shipping and Pilotage (Mooring Control Areas) Amendment Regulations 2011* | 11 Feb 2011 p. 482‑3 | r. 1 and 2: 11 Feb 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 12 Feb 2011 (see r. 2(b)) |\n| *Shipping and Pilotage (Mooring Control Areas) Amendment Regulations 2012* | 14 Feb 2012 p. 669‑70 | r. 1 and 2: 14 Feb 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 15 Feb 2012 (see r. 2(b)) |\n| *Transport Regulations Amendment (Mooring Management) Regulations 2021* Pt. 3 | SL 2021/147 13 Aug 2021 | 28 Sep 2021 (see r. 2(b)) |\n| *Transport Regulations Amendment (Waiver and Refund) Regulations 2022* Pt. 4 | SL 2022/47 8 Apr 2022 | 9 Apr 2022 (see r. 2(b)) |\n| *Transport Regulations Amendment (Mooring Control Areas) Regulations 2024* Pt. 2 | SL 2024/69 1 May 2024 | 1 Jul 2024 (see r. 2(b)) |\n| *Transport Regulations Amendment (Marine Safety Equipment) Regulations 2024* Pt. 4 | SL 2024/191 18 Sep 2024 | 30 Sep 2024 (see r. 2(b)) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2025* Pt. 7 | SL 2025/64 30 Apr 2025 | 1 Jul 2025 (see r. 2(b)) |\n| *Transport Regulations Amendment (Prevention of Collisions in State Waters) Regulations 2025* Pt. 4 | SL 2025/68 30 Apr 2025 | 1 May 2025 (see r. 2(b)) |\n\n\nOther notes\n\n1 Repealed by the *Interpretation Act 1984*.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAct 3\n\nadditional hire period 3\n\namending instrument 21(2)\n\nauthorised fee officer 3\n\ncommencement day 25(1)\n\ndisplacement tonnage 3\n\nfee 3\n\nhirer 3\n\ninitial hire period 6A(1)\n\nmooring 3\n\nmooring apparatus 3\n\nmooring site 3\n\nnominated vessel 3\n\nperson 3\n\npre-commencement regulations 25(1)\n\nrelevant area 7(1)\n\nwritten instrument 3\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1983 purpose of simply regulating mooring installations. The 2024 amendments fundamentally transformed the scheme from a 'registration' system to a 'hire' system with automatic renewal periods (regulation 6A). Additional layers added over time include: detailed fee waiver and refund mechanisms (2022), website transparency requirements for waivers (2022), specific collision prevention exemptions (1985, 2025), Personal Property Securities Act exclusions (2012), and complex transitional provisions to migrate existing mooring holders to the new hire framework. The fee structure has also become increasingly sophisticated, moving from simple fixed fees to a multi-tiered calculation based on vessel length with discount mechanisms."},"complexity_factors":["Multiple fee calculation methods with tiered pricing (daily/weekly/monthly/yearly rates) and a 'lower fee applies' rule in regulation 7(4)","Automatic rollover mechanism for hire periods in regulation 6A with nested conditions for determining the renewal period","Cross-references to other legislation including the Shipping and Pilotage Act 1967, Interpretation Act 1984, Personal Property Securities Act 2009 (Cth), Western Australian Marine Act 1982, and Navigable Waters Regulations 1958","18 defined terms in the interpretation section, some with nested definitions (e.g., 'additional hire period' refers to regulation 6A(2))","Conditional exceptions throughout, such as the 60-day grace period for pre-existing moorings in regulation 5(2), and the tender boat exception in regulation 16(3)","Dual pathways for fee payment (notice vs agreement) in regulation 7A(2)","Transitional provisions in regulation 25 converting old 'registration' system to new 'hire' system with specific deeming provisions","Interaction between general offences in regulation 19 and specific penalty provisions, with vicarious liability imposed on hirers for acts related to their mooring sites"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for installing, hiring, and using boat moorings in specific Western Australian waters called \"mooring control areas\" (designated zones where the government manages anchoring). Think of it as a rental and safety scheme for boat parking spots in harbours and bays.\n\n**Who it affects:**\n- **Boat owners** who want to secure their vessels in designated mooring control areas like Bremer Bay, Bunbury, Carnarvon, Exmouth, and others listed in the regulations.\n- **Controlling authorities** (government bodies managing these waters) who approve applications, collect fees, and enforce safety standards.\n- **Authorised fee officers** who can waive or refund fees in special circumstances.\n\n**Key things the rules cover:**\n\n- **You need permission first:** You cannot just drop anchor or install a mooring. You must apply to hire the mooring site and get approval for any equipment you install.\n- **Fees are based on boat size:** Charges are calculated per metre of your vessel's length, with daily, weekly, monthly, or yearly rates available. Longer-term hire gets cheaper per-month rates.\n- **Automatic renewal:** If you don't actively cancel your hire, it automatically rolls over for the same period (up to 12 months) unless you nominate a different timeframe.\n- **Safety and maintenance:** You must keep your mooring in good condition, suitable for your vessel's size, and follow any directions about buoys or identification markers. The controlling authority can demand inspection reports and force you to repair or remove dangerous moorings.\n- **Strict limits on use:** You cannot moor a larger boat than approved, nor can you moor two boats at once (except for a small tender boat marked with the same registration number as your main vessel). You cannot let others use your mooring without permission.\n- **No selling your spot:** You cannot transfer or sell your mooring hire rights to someone else without government approval. Even changing company ownership significantly counts as a transfer.\n- **Fee waivers:** The controlling authority can waive fees for specific vessels, people, or places, but must publish these waivers on a website.\n\n**Why it matters:**\nThese rules prevent overcrowding and collisions in busy waterways, ensure mooring equipment is safe and won't break free in storms, and create a fair system for allocating limited mooring space. Without these regulations, anyone could claim prime anchoring spots indefinitely, potentially creating hazards for navigation and the marine environment."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the full text of the legislation was not available for analysis. The title suggests a focused, specific regulatory instrument dealing with mooring control areas under WA shipping and pilotage law, but no amendments or scope changes can be identified from the retrieved content."},"complexity_factors":["No legislative text was retrievable — only an error/redirect page was provided","Complexity cannot be meaningfully assessed without access to the actual instrument","Title alone provides minimal information about the regulation's content or structure"],"plain_english_summary":"Likely establishes designated mooring control areas in Western Australian waters, setting rules on where and how vessels may moor to manage safety, navigation and harbour operations. \n\nIt would primarily affect recreational and commercial boat owners, marina operators and port authorities; being from 1983 it may have been amended or superseded — check the WA legislation site for the current instrument."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument replaces a prior registration regime for some moorings with a hire-based control framework and adds new fee, waiver/refund and publication rules. Transitional provisions treat pending registrations and registered owners under the pre‑commencement rules as hires under these regulations (reg 25). New automatic additional hire periods (reg 6A) and expanded fee/waiver mechanisms (regs 7, 7A, 21–24) change how ongoing use is authorised and funded."},"complexity_factors":["Detailed, variable fee schedule keyed to vessel length and multiple time bases (daily, weekly, monthly, 3+ month rate, annual) and separate higher rates for Department‑installed moorings (reg 7; amended SL 2025/64).","Automatic continuation of hire by successive 'additional hire periods' unless surrendered, with ability for hirer to nominate periods up to 12 months (reg 6A).","Broad discretion vested in the controlling authority to approve installations, impose directions (floats/buoys/info), require inspection reports, relocate moorings and terminate hires (regs 8, 13, 14, 9, 15).","Operational obligations placed on hirers: keep moorings at the site, maintain in good repair, comply with directions and inspection requirements, notify disposals/changes within 7 days, and surrender/remove moorings on termination — with explicit powers for removal/destruction where obligations are unmet (regs 10, 14, 17, 18, 11, 8).","Enforcement architecture combines an express offence/fixed fine ($200) for contraventions and administrative remedies (removal, destruction, hire termination) rather than only criminal sanctions (reg 19; regs 8, 11, 15).","Delegated fee administration via designation of authorised fee officers and mechanisms for notice or agreement on payment dates (regs 20, 7A).","Waiver and refund regime allowing written waivers (whole/part) and refunds, with public disclosure requirements for waivers on a Department website while in effect and for 12 months after (regs 21–24).","Application scope and overlap rules: these regulations apply only to proclaimed mooring control areas except where the Mooring Regulations 1998 apply, creating potential patchwork of regimes (reg 4).","Transitional conversion of prior 'registration' applications/registered owners into the new hire framework, affecting existing rights and fee treatments (reg 25)."],"plain_english_summary":"These regulations control installation, hiring and use of moorings in declared mooring control areas. They require approval to install mooring apparatus, a hire of a mooring site to use it, and set fees and payment rules tied mainly to vessel length. Controlling authorities may set directions, relocate moorings, terminate hires and remove unsafe or unregistered moorings. Hirers must maintain moorings, provide inspection reports, notify changes and pay fees; non-compliance results in removal, termination or fines (see regs 8, 10, 14, 15, 19, 20)."}},"importantCases":[],"_links":{"self":"/api/acts/shipping-and-pilotage-mooring-control-areas-regulations-1983","history":"/api/acts/shipping-and-pilotage-mooring-control-areas-regulations-1983/history","analysis":"/api/acts/shipping-and-pilotage-mooring-control-areas-regulations-1983/analysis","conflicts":"/api/acts/shipping-and-pilotage-mooring-control-areas-regulations-1983/conflicts","importantCases":"/api/acts/shipping-and-pilotage-mooring-control-areas-regulations-1983/important-cases","documents":"/api/acts/shipping-and-pilotage-mooring-control-areas-regulations-1983/documents"}}