3562GOVERNMENT GAZETTE, WA 6 October 2020

3562 GOVERNMENT GAZETTE, WA 6 October 2020 bulk cargo means bulk, unpacked produce or other materials such as grain, coal, oil, mineral ore, timber, sand or gravel; cargo means any goods, merchandise or freight which is to be loaded onto, or which has been unloaded from, a vessel, but does not include bulk cargo; CEO means the chief executive officer of the local government; designated area means an area set aside and appropriately identified by an authorised person to be used for particular purposes pursuant to clause 4.6 of this Local Law; Emu Point Boat Harbour Marina means the pen system located at Plantagenet Location 7031; explosive means a substance or article as defined in Dangerous Goods Safety Act 2004, Part 1, regulation 8 of the Dangerous Goods Safety (Explosives) Regulations 2007 (excluding emergency device) and includes fireworks; emergency device means an article, containing one or more explosives with or without other substances, that is designed to be used in distress or an emergency for signalling, warning or rescue purposes appropriately identified Dangerous Goods Safety Act 2004, Part 1, regulation 8 of the Dangerous Goods Safety (Explosives) Regulations 2007. fish has the meaning given to it by section 4 of the Fish Resources Management Act 1994; fishing has the meaning given to it by section 4 of the Fish Resources Management Act 1994; gidgee means an underwater tool used in spearfishing, consisting of a pole, a spear tip, and a rubber loop; jetty means— (a) any jetty, pier, wharf, quay, grid, slip, landing place, boat launching ramps, stage, platform (other than a platform that is a vessel for the purposes of the Western Australian Marine Act 1982) or similar structure, whether fixed or floating, erected or placed, wholly or in part, in, on or over any waters; and (b) any ramp and supporting structure for vessel access to a ramp which is or which may be used for the purpose of launching or landing a vessel; which is under the care, control or management of the local government; key means a device or object that provides security access, also known as a security access device, security access token or security access card, code or password. land backed facility means that part of a jetty which is not located over water and which is located over a foreshore area; liquor means a substance as defined in section 3 of the Liquor Licensing Act 1988; local government means the City of Albany; moor means to fasten or secure or connect a vessel to a mooring; mooring means something to which a vessel may be moored or fastened and includes an anchor, stake, ring bolts, fastenings, or mooring pile; mooring line means any line, rope, cable, chain or similar device used or capable of being used to fasten or secure a vessel to a mooring; mooring pile means any pile used or capable of being used to secure a vessel; owner means the person who is the lawful owner or the person legally entitled to the possession of any vessel, vehicle, cargo, property or chattel; pen means a specific area within a pen system for a vessel and does not include any adjacent jetty and walkway; pen system means a complex of interconnecting pens, and includes all jetties and walkways, which are under the care, control or management of the local government; person or any word or expression descriptive of a person includes a natural person, a public body, company or association or body of persons corporate or incorporate, but does not include the local government; petroleum has the meaning given to it by section 5 of the Petroleum and Geothermal Energy Resources Act 1967; pollution means pollution as defined in the Environmental Protection Act 1986; pollutant means any noxious, pollutant or offensive material whether solid or liquid, including but not limited to non-biodegradable chemicals or cleaning agents, rubbish, dirt, black water, sewage, oil, oily bilge water, sullage, fuel or the content of brine tanks, offal or litter (but excluding fish products or bait); prohibited drug has the meaning given to it by section 3 of the Misuse of Drugs Act 1981; Regulations mean the Local Government (Functions and General) Regulations 1996; seaworthy means that a vessel is fit for voyage traversing the sea; sign includes a notice, flag, mark, structure or device, including an electronic device, on which may be shown words, numbers, expressions, symbols or pictures; Swimming Structure means a structure designated for swimming and includes swimming enclosures also known as Shark Barriers, meaning a seabed-to-surface protective barrier that is placed around a beach to protect people from shark attacks. tout means to solicit custom;