Hamersley Iron (Port of Dampier) By-laws (Western Australia)

These by‑laws, enacted under the Iron Ore (Hamersley Range) Agreement Act 1963 and titled the Hamersley Iron (Port of Dampier) By‑laws, regulate the operation, safety, charges and access rules for the Port of Dampier facilities controlled by Hamersley Iron Pty. Limited, hereafter the Company. The instrument does four mechanical things.

First, it vests operational control in a private port operator and its Marine Manager. By‑law 78 expressly gives the Company "the entire control of all port services, port facilities and port installations" and provides that no personnel other than those provided or approved by the Company may be used for such services. The Marine Manager is defined at by‑law 3(27) and is given broad operational powers, including directions about berthing, mooring and the provision of safety appliances (by‑laws 4, 9, 11 and elsewhere).

Second, it establishes a charging and collection regime. Dues, tonnage rates and miscellaneous charges are levied for the use of berths and services (by‑laws 29, 30 and the Second and Fifth Schedules). Owners, masters and agents are jointly and severally liable for payment of dues (by‑law 29(1)). The Company may detain a vessel until dues are paid unless it accepts a written guarantee in the form in the First Schedule (by‑law 29(3)‑(4)). Specific rate mechanics are in the Second Schedule (4.425 cents per gross registered ton per 6 hours or part thereof, minimum 12 hours) and the Fifth Schedule (eg boats' crews, wharfage, handling charges).

Third, it imposes detailed safety, operational and documentation obligations on masters, owners and cargo interests. These include manifest and reweighing powers (by‑laws 38, 39, 37(4)), safety measures for inflammable liquids and explosives (by‑laws 41-58), requirements for gangways, lighting and watchkeepers (by‑laws 17, 21, 25), prohibitions on naked lights and certain conduct (by‑laws 18, 22), and strict controls on ballast and discharge of waste (by‑law 59). The master of the vessel bears primary duties to cause required acts to be done (by‑law 80).

CrestWestern Australia

Iron Ore (Hamersley Range) Agreement Act 1963

Hamersley Iron (Port of Dampier) By-laws

Western Australia

Hamersley Iron (Port of Dampier) By-laws

Contents

Part I

Citation 1
Application 1
Interpretation 1

Part II

Berthing 6
No interference with access 6
Cables 6
Guns or explosives not to be used 6
Mooring equipment 6
Directions as to disposal of vessels 7
Directions by Harbourmaster 7
Marine Manager empowered to move vessels 7
Tackle not to be cast off without permission 8
Working propeller 9
Obstruction of Marine Manager 9
Embarking across another vessel 9
Vessel to have sufficient ballast 9
Lights and gangways on vessels alongside wharves 10
Naked lights prohibited in vessels’ holds 10
Interference with buoys, beacons, etc. 10
Provision of tackle 10
Safety nets 11
Safety precautions 11
Repairs, welding 11
Vessels and gear to be kept free and clear of cranes 11
Night watchman 12
Opening on ships to be kept closed 12
Damage by water from vessels 12
Cargo loaded and discharged 12

Part III

Payment of revenue 14
Tonnage rates 14
Certificate of Registry 14
Exemption from payment 15
Rebates of tonnage rates 15
Towage rates and conditions 15
Miscellaneous charges 16
Liability of consignee and consignor 16
Computation of dues 16
Inwards manifests 17
Outwards manifests 17

Part IV

General 19
Signals 19
Notice 19
Discharge or loading 20
Precautions for deck cargo 20
Unauthorised persons 21
No smoking, etc. 21
No use of fires 22
Superintendence of pumping 22
Coverings 23
Pumping after sunset 23
Clearing of pipe lines 23
Other precautions 24
No escape of liquid 24
Hawsers 25
Prevention of accidents 25
Inspection 25
Barricades and watchmen 25
Explosives 26

Part V

Discharge of garbage, oil, other offensive matter and ballast 29
Fire 29
Cleaning of wharf berth 30
Interference with notice boards 30
Defacement and bill‑posting prohibited 30
Life saving appliances 30
Vehicles on wharves 31
Disorderly persons 31
Smoking and loitering 31
Nuisances 32
Wharves may be closed 32
Children not allowed on wharves 32
Fishing 32
No building allowed on wharves 32
Tampering with water appliances 33
Tampering with electric light or power mains 33
Limitation of liability 33
Highly inflammable cargo 34
Vessel ready to work 34
Operation of port services, port facilities and port installations and provision of special services 35
Construction 35

Part VI

Duties of master 36
Offences and penalties 36

First Schedule

Second Schedule

Tonnage rates

Fifth Schedule

Miscellaneous charges

A. Mooring and unmooring 39

B. Wharfage and handling charges on cargo 39

Notes

Compilation table 40

Western Australia

Iron Ore (Hamersley Range) Agreement Act 1963

Hamersley Iron (Port of Dampier) By‑laws

Part I

1. Citation

These by‑laws may be cited as the Hamersley Iron (Port of Dampier) By‑laws 1.

2. Application

Unless the context otherwise requires, each of these by‑laws shall apply to all wharves, port installations, port services and port facilities, all as defined in by‑law 3.

3. Interpretation

In these by‑laws unless the context otherwise requires —

(1) Ballast includes any kind of stone, gravel, sand, soil or material commonly used for the ballasting of vessels.

(2) Berth means a position alongside any wharf or alongside any vessel fastened to any wharf and when used as a verb shall have a corresponding meaning.

(3) Boat means every description of vessel used in navigation not being a ship.

(4) Buoy or Beacon includes any other port installation (not being a harbour light) placed in aid of navigation.

(5) Cargo means wares, merchandise, chattels, livestock, ores, minerals, metals and products thereof and other articles of whatsoever description (other than mails, passengers’ baggage and ship’s stores) which may be loaded or unloaded or intended or able so to be into or from any vessel.

(6) Consignee means the person to whom any cargo is consigned, and includes the owner of such cargo, the agent for such owner, the agent for the sale or custody of such cargo, the holder of any bill of lading or other document representing such cargo, and any other person having any right, title, or interest to or in such cargo or the possession thereof.

(7) Consignor means the person consigning any cargo, and includes the owner, shipper, agent for the owner or shipper, any other person having right, title or interest to or in such cargo or the possession thereof.

(8) Due means any due, rate, fee, toll, tax, pilotage rate, charge or payment in the nature thereof payable or leviable under or in accordance with these by‑laws and includes any amount or compensation whatsoever (whether liquidated or unliquidated) required by any of these by‑laws to be paid or payable pursuant to any obligation created hereby by a vessel and its master owner and agent or some or any of them to the Marine Manager or the Company and any other charge made by the Company under paragraph (f) of subclause (2) of Clause 10 of the Agreement a copy of which is set out in the First and Second Schedules to the Act.

(9) Harbour Light means any port installation which is a light erected in aid of navigation (including a pile light).

(10) Master includes every person, not being a pilot or other officer of the Company, lawfully having the command, charge or management of a ship for the time being, and includes the owner and/or agent for the owner of such vessel.

(11) Motor Vehicle means a vehicle of any description drawn or propelled by mechanical power and includes a bicycle or tricycle so propelled.

(12) Owner when used in relation to cargo includes any consignor, consignee, shipper, or agent for the sale or custody, loading or unloading of cargo, and includes also the holder of any Bill of Lading or other document representing such cargo and every person having or claiming any right, title or interest therein or thereto and includes the Crown in right of, and any instrumentality of, the State.

(13) Owner when used in relation to a vessel, includes the holder of any share or interest in a vessel whether beneficially or otherwise, and also the agent for such owner and includes the Crown in right of, and any instrumentality of, the State.

(14) Port Installation means any work (whether above or below high water mark and whether outside or within the port) for the improvement, protection, management, maintenance, repair or use of the port or any wharf (including without limiting the generality of the foregoing any buoy beacon harbour light or other aid to navigation) which is now or hereafter erected constructed or installed on or in any land held by the Company under any tenure or which is otherwise under the control of the Company.

(15) Port Service or Port Facility means any service or (as the case may be) facility now or hereafter rendered or provided by the Company for or in connection with vessels using the port, any wharf or any port installation or for or in connection with the improvement protection, management, maintenance, repair or use of the port, (including without prejudice to the generality of the foregoing, pilotage and towage services) whether such service or facility is rendered or provided above or below high water mark and whether outside or within the port.

(16) Ship includes every description of vessel, whether used in navigation, or in any way kept or used as a hulk or storeship, or for any other purpose and not propelled exclusively by oars.

(17) Tons or Tonnage in relation to a British registered vessel means the gross registered tons or tonnage calculated in accordance with the British measurement of registered tonnage, and, in relation to any other vessel, means the gross registered tons or tonnage calculated in accordance with the standard of measurement adopted by the authority by which the vessel is registered.

(18) Tug means any vessel employed by the Company within the port or in the vicinity thereof for towing or moving any vessel.

(19) Unberth means remove from a berth.

(20) Vessel means any ship, boat and every other description of vessel used or designed for use for any purpose on the sea or in navigation and without limiting the generality of the foregoing, includes any dinghy, lighter, barge, punt, hulk, raft, pontoon, seaplane, hovercraft or like vessel.

(21) Vessel of War means a vessel built for combatant service or converted for that purpose and a tanker conveying fuel oil for such a vessel, provided such vessel is owned or otherwise directly managed and controlled by the Government of any of Her Majesty’s Dominions or Colonies or by the Government of any foreign country which is a party with Her Majesty to any military alliance and is not engaged in trade, but does not include a vessel used for the transport of troops, stores or equipment.

(22) Wharf means any wharf, pier, jetty, landing stage, quay, dock slip, platform, mooring buoy, dolphin or stationary vessel (whether above or below high water mark and whether outside or within the port) which serves the port and which is now or hereafter erected constructed or installed on any land held by the Company under any tenure or which is otherwise under the control of the Company, and includes any machinery equipment or premises erected constructed or installed on or in connection with any of the same.

(23) The Act means the Iron Ore (Hamersley Range) Agreement Act 1963.

(24) The Collector means the person from time to time and for the time being having authority from the Company to receive and collect any dues.

(25) The Company and the Agreement have the same meaning as they have in, and for the purposes of, the Act.

(26) The Harbourmaster means the harbour master (as that expression is defined in the Shipping and Pilotage Act 1967), of the Port.

(27) The Marine Manager means the person from time to time appointed by Hamersley Iron Pty. Limited to the office of Marine Manager for the purpose of these by‑laws and includes any person appointed in writing by Hamersley Iron Pty. Limited or the Marine Manager to carry out the duties of the Marine Manager.

(28) The Port means the place declared by proclamation made and published under the Shipping and Pilotage Act 1967, to be the Port of Dampier and to be a port for the purposes of that Act.

[By-law 3 amended: Gazette 29 Nov 1974 p. 5198.]

Part II

4. Berthing

No vessel shall be berthed or unberthed without the permission of the Marine Manager.

5. No interference with access

No vessel (other than a vessel within the Port which is directed by the Harbourmaster so to do under the Shipping and Pilotage Act 1967 or any regulation made thereunder) shall be anchored or moored so as to obstruct the approach to any wharf.

6. Cables

All vessels occupying a berth shall if and when directed by the Marine Manager have all cables clear and in readiness to slack away.

7. Guns or explosives not to be used

No person shall, without the written permission of the Marine Manager, fire any gun or explode any detonator or other signal, (save as a signal of distress) or use any explosive on or in the vicinity of any wharf, any port installation, or any vessel occupying any berth.

8. Mooring equipment

All vessels moored to any wharf, shall have such cables, warps, hawsers, fenders and mooring ropes as are reasonable and necessary for the proper securing of the vessel.

9. Directions as to disposal of vessels

The master of any vessel shall forthwith comply with any direction with respect to his vessel which may be given by the Marine Manager for or in relation to —

(1) the place and manner of berthing or unberthing of such vessel and (in case of unberthing) the distance which the vessel shall travel from the berth;

(2) the securing or mooring of such vessel to any wharf (including directions in relation to cables warps hawsers fenders or mooring ropes in addition to those required by by‑law 8); or

(3) the provision by a vessel occupying or about to occupy a berth of gangways, manropes and similar appliances, lights, safety nets and save‑alls in addition to those required by by‑laws 16 or 20.

10. Directions by Harbourmaster

A vessel within the Port shall not be obliged to comply with the provisions of by‑law 4 or by‑law 9 or any direction given thereunder if to do so would constitute a failure to comply with any direction given by the Harbourmaster under the Shipping and Pilotage Act 1967 or any regulation made thereunder.

11. Marine Manager empowered to move vessels

(1) In the case of non‑compliance with any of these by‑laws regulating the berthing unberthing mooring or unmooring of vessels and the mode and place thereof or with a direction given by him under these by‑laws, the Marine Manager is hereby empowered to ensure the observance of any such by‑law or (as the case may be) direction and for that purpose may berth unberth moor or unmoor any vessel.

(2) In the exercise of the powers granted by sub‑bylaw (1) in connection with any vessel by the Marine Manager, the master of the vessel and the crew thereof shall give and afford to the Marine Manager, all possible aid and assistance to effect the same.

(3) In carrying out the power granted to him by sub‑bylaw (1) or any other power granted him hereunder the Marine Manager is without prejudice to the generality of the foregoing hereby empowered to make fast and attach any rope or other tackle to any vessel and to cast off or loose any warp or rope or unshackle or loose any chain by which any vessel is moored or fastened (first putting on board sufficient number of persons for the protection of the vessel in case there is no person on board any vessel to protect her).

(4) If there is no crew on board any vessel to be berthed unberthed moored or unmoored or in connection with which the Marine Manager desires to exercise the power given him by sub‑bylaw (3) or the crew thereof refuse or fail to aid and assist as aforesaid or if the crew or tackle or quantity of ballast on board such vessel is not sufficient to enable the Marine Manager to effect the same he is hereby empowered to hire and employ such other assistance and tackle and to purchase and put on board such vessel such other quantity of ballast as to him seems requisite for the protection of the vessel or the effecting of the beforementioned objects at the cost and charge of the master, agent or owner of such vessel.

(5) The company shall not in any way be liable for any damage or loss occurring to any vessel during or in consequence of the exercise by the Marine Manager of any power granted him by this by‑law.

12. Tackle not to be cast off without permission

No person shall, without permission from the Marine Manager, cut, cast off or interfere in any way with any rope or tackle made fast or attached to any wharf, or any vessel occupying a berth, where the same has been fastened or attached by the Marine Manager or by his direction.

13. Working propeller

No person shall without the permission of the Marine Manager work or cause to be worked the propeller of any vessel whilst such vessel is occupying any berth, and notwithstanding that such permission has been given no person shall work such propeller or cause it to be worked where the working thereof may cause damage to any property, or injure any person; provided that nothing in this by‑law shall preclude the turning of any propeller for the safe berthing or unberthing of any vessel.

14. Obstruction of Marine Manager

No person shall by word or deed impede or obstruct the Marine Manager or any other officer or servant of the Company in the execution of his duties and the Marine Manager or any such officer or servant may board any vessel at any time for the purposes of or if authorised by these by‑laws.

15. Embarking across another vessel

(1) No passengers, cargo or ballast shall without the permission of the Marine Manager be embarked or shipped, disembarked or unshipped on or from any vessel lying outside any vessel berthed alongside any wharf over and across the deck of such last‑named vessel.

(2) The master of every vessel shall if directed by the Marine Manager to do so allow passengers, cargo or ballast to be embarked or shipped or disembarked or unshipped over and across the deck of his vessel into or from any vessel berthed alongside.

16. Vessel to have sufficient ballast

The master of every vessel occupying any berth shall have on board at all times such quantity of cargo or ballast as may be necessary to keep his vessel safe.

17. Lights and gangways on vessels alongside wharves

(1) Every vessel occupying any berth shall at all times be provided with such gangways manropes and similar appliances and shall exhibit such lights as may be necessary for the convenience and safety of persons passing to and from such vessel.

(2) Every gangway fixed for the purpose of giving access to a vessel shall from sunset to sunrise be brightly illuminated as long as such gangway is in communication with the shore, and a watch shall be continuously set upon such gangway.

18. Naked lights prohibited in vessels’ holds

No person shall in the hold of any vessel occupying any berth use any flare‑up lamp or naked light of any sort or design whatsoever, whether for the purpose of working cargo or for any other purpose.

19. Interference with buoys, beacons, etc.

No person shall trespass on, ride by, or make fast to, damage, injure, or otherwise interfere with any harbour light, dolphin, buoy or beacon.

20. Provision of tackle

(1) The master of every vessel shall provide proper tackle for the proper slinging of all cargo discharged from his vessel on to any wharf, or laden or intended to be laden from any wharf into his vessel.

(2) The master owner or agent of every vessel shall compensate the Company for any damage that may be done to any wharf or any property of the Company, either from the breakage of slings or from cargo being imperfectly slung, or otherwise by the landing or shipping of cargo.

21. Safety nets

(1) The master of every vessel occupying any berth shall cause a proper safety net to be suspended beneath the gangway.

(2) The master of every vessel while discharging or loading cargo at any wharf shall cause a safety net or save‑all of such a size and character to be suspended at such a place as will prevent the cargo being discharged or loaded from falling into the water.

22. Safety precautions

No person shall without the permission of the Marine Manager —

(1) embark upon or land from any vessel occupying any berth and carrying passengers except by a gangway provided for the purpose;

(2) embark upon or land from any vessel while such vessel is berthing or unberthing and is in motion; or

(3) clamber on or about the structure of any wharf below the deck‑level, or upon or about any shed, crane, conveyor, loading equipment, hoist or cargo placed on such wharf or any property of or under the control of the Company.

23. Repairs, welding

The master owner or agent of many vessel occupying a berth shall notify the Marine Manager of any intention to undertake repairs to engines or other repairs of whatsoever nature to the vessel whilst such vessel is occupying such berth and no work of any such nature shall be commenced unless permission to do so in writing is first obtained from the Marine Manager.

24. Vessels and gear to be kept free and clear of cranes

The master of every vessel shall keep the same and every part thereof, and all boats, rigging, ropes, hawsers, and other equipment or fittings thereof, and all gangways belonging thereto or used or intended to be used in connection with his vessel at all times free and clear of and from all cranes, running cranes, railway lines, engines, trucks, gear and plant or other things on any wharf or forming part thereof respectively, irrespective of whether the said cranes, running cranes, engines, trucks, gear or plant are stationary or in use.

25. Night watchman

All vessels exceeding 150 tons gross and occupying a berth shall have a watchman on deck from sunset to sunrise, and vessels not exceeding 150 tons gross and occupying a berth shall have at least one man on board during the same period.

26. Opening on ships to be kept closed

The master of every vessel shall ensure that all openings out of which steam, water, fluids or rubbish are liable to be discharged are properly screened and protected so as to prevent discharge on to any wharf or port installation.

27. Damage by water from vessels

The master owner and agent of any vessel lying alongside any wharf shall be jointly and severally liable for all damage (whether such damage is due to the negligence or wilful act of any person or otherwise) caused to cargo or goods lying on such wharf or to electrical connections on or under such wharf by water used upon such vessel (whether for washing down or otherwise).

28. Cargo loaded and discharged

(1) No cargo being loaded or discharged from or on any wharf shall without the permission of the Marine Manager be handled otherwise than by the crew of the vessel and/or labour employed or provided by the Company and no tally or delivery clerks shall be engaged other than those employed or provided by the Company.

(2) Cargo being loaded or discharged from or at any wharf shall be loaded or discharged and passengers being embarked or disembarked from or at any wharf shall be embarked or disembarked only at places on such wharf previously approved by the Marine Manager and all such cargo which is awaiting loading or which has been so discharged shall be stacked or stored only at places or areas previously approved by the Marine Manager.

Part III

29. Payment of revenue

(1) All dues are hereby levied and charged for the use and benefit of the Company and (notwithstanding any other provision of these by‑laws) the owner master and agent of a vessel in respect of or in connection with which any dues are payable shall be jointly and severally liable for such dues.

(2) All dues shall be paid to the Marine Manager but the Company may at any time sue for and recover the same in any court of competent jurisdiction.

(3) All dues shall be paid before the vessel in respect of or in connection with which they are charged or payable leaves the port, provided that the Company may accept in lieu of payment a written guarantee from the master, owner or agent for the vessel in the form of the First Schedule that the dues will be paid within 14 days after the departure of the vessel from the port.

(4) Unless the Company has accepted such a guarantee in relation to a vessel in connection with which any dues are payable the Marine Manager may detain such vessel until such dues are paid.

30. Tonnage rates

(1) The tonnage rates set out in the Second Schedule shall be paid by every vessel in respect of its occupancy of a berth.

(2) For the purposes of assessing such tonnage rates a vessel shall be deemed to occupy a berth from the time the first line is made fast until the last line is let go.

31. Certificate of Registry

The master of every vessel occupying or about to occupy a berth shall produce the Certificate of Registry of such vessel to the Marine Manager or any other officer of the Company upon demand.

32. Exemption from payment

(1) Vessels of war and vessels owned by the Government of any of Her Majesty’s Dominions or Colonies shall, if those vessels are not engaged in trade, be exempt from the payment of tonnage rates.

(2) Where any vessel occupies a berth solely for the purpose of landing a sick or injured person and remains for such time only as may be necessary for that purpose the Company may in its discretion exempt such vessel from tonnage rates.

33. Rebates of tonnage rates

When a vessel occupies a berth —

(1) in distress or under duress;

(2) for fitting refitting or repairs;

(3) while employed solely on work for a religious mission; or

(4) while employed solely as a pleasure vessel and is not engaged in trade or plying for hire,

the Company may (provided that tonnage rates for 6 hours have been paid) grant to such vessel a rebate of the balance of the tonnage rates otherwise payable.

34. Towage rates and conditions

[(1)-(3) deleted]

(4) The Marine Manager may require the master of a vessel which is being berthed or unberthed to engage the services of one or more tugs provided by the Company for that purpose.

[By-law 34 amended: Gazette 20 Sep 1974 p. 3524; 29 Nov 1974 p. 5198.]

35. Miscellaneous charges

The charges set out in the Fifth Schedule shall be paid by (inter alia) the vessel in respect of the services therein set out.

36. Liability of consignee and consignor

(1) Consignees shall be liable for all wharfage and other dues payable under these by‑laws on or in respect of all inward cargo.

(2) Consignors shall be liable for all wharfage and other dues payable under these by‑laws on or in respect of all outward cargo.

(3) Nothing in this by‑law shall limit the right of the Company to recover wharfage or other dues from any person (other than the consignee or consignor) who may be liable to pay the same.

37. Computation of dues

(1) All dues on or in respect of cargo shall, except as otherwise provided, be computed on the weights and measurements shown in a vessel’s manifest, bill of lading or other shipping document for such cargo.

(2) All such dues shall be computed on a weight basis or on a measurement basis (whichever computation produces the greater result) and if computed on a weight basis shall be computed on a ton of 2,000 lbs. or a ton of 2,240 lbs. according to trade usage.

(3) A fraction of a ton (by weight or measurement) shall be charged for on a pro rata basis.

(4) Dues shall be calculated on the gross weight or measurement, but the Marine Manager may at any time demand that cargo shall be reweighed or remeasured in the presence of an officer of the Company and at the expense of the owner of the cargo in which event the weights or measurements ascertained from such reweighing or remeasurement shall prevail.

(5) Notwithstanding anything hereinbefore contained in this by‑law charges on cargo of the kind described hereunder shall be computed on the basis shown opposite the description of cargo —

Launches, yachts, dinghies or small boats — cubic measurement less 2/5ths;

cylindrical cargo (unless otherwise stated) — cubic measurement on external dimensions less 1/5th, unless the weight is then greater;

Oil and inflammable liquids in bulk (fuel lighting or lubricating) — 250 gallons per ton;

Timber — per ton of 40 cubic feet.

38. Inwards manifests

(1) The master of every vessel desiring to discharge cargo at a wharf shall deliver at the office of the Company prior to commencing to discharge cargo, 2 true, legible and complete copies in the English language of the manifest of such vessel, certified by himself as being true and complete, and shall also so furnish within forty‑eight (48) hours 2 certified statements of all amendments (if any) which may be made in such manifest by reason of remeasurement of cargo included therein or otherwise.

(2) Any such amendments to a manifest shall not be recognised unless supplied prior to the cargo affected thereby being removed from the premises of the Company.

39. Outwards manifests

(1) The master of every vessel which has loaded cargo from any wharf shall deliver to the office of the Company prior to the unberthing of the vessel, a certified copy in the English language of the manifest, giving true, legible and complete particulars of such cargo to enable the amount of outward wharfage and other dues payable thereon to be readily computed.

(2) All such manifests shall show the tonnage of fuel oil bunkered.

Part IV

40. General

In by‑laws 41‑57 inclusive unless the contrary intention appears —

inflammable liquid means petroleum, kerosene, and any oil, liquid or spirit derived wholly or in part from any petroleum, shale, schist, coal, peat, bitumen or any similar substance, and which has a true flashing point of less than 150 degrees Fahrenheit, and any other liquid which the Governor by Proclamation in the Gazette declares to be an inflammable liquid for the purposes of the Ports and Harbours Regulations;

oil vessel means any ship having on board or having lately had on board any inflammable liquid as cargo or part cargo, and includes a tank steamer, barge, or other vessel fitted to carry inflammable liquid.

41. Signals

The master of an oil vessel shall, at all times that the vessel is nearing or is at a wharf, display at the foremast head, or other conspicuous place clear of all obstructions so as to be clearly visible from any direction at a distance of at least one mile from the vessel —

(a) by day, the International code flag “B”; and

(b) during the hours of darkness a red light so positioned as to be clear of all other lights on the vessel.

42. Notice

The agents or master of any oil vessel intending to load or unload any quantity in excess of 40 gallons of inflammable liquid, shall, immediately after making fast to any wharf or jetty, give notice in writing to the Marine Manager of that intention with particulars as to the quantity of inflammable liquid intended to be loaded or discharged.

43. Discharge or loading

The master of an oil vessel shall not permit inflammable liquids to be discharged or loaded without first obtaining the written permission of the Marine Manager.

44. Precautions for deck cargo

The master of an oil vessel having on board inflammable liquids other than as deck cargo, and all other persons concerned, shall observe and perform the following provisions, namely —

(1) after the vessel is made fast to a wharf, all holds, tanks, and spaces containing inflammable liquid shall be kept securely closed and fastened down, except when opened for the purpose of discharging;

(2) an oil vessel with its cargo in bulk shall not be berthed until it is ready to load or discharge, and shall at all times continue and complete the loading or discharging with all possible despatch;

(3) no hold, tank, or space containing inflammable liquid in containers shall be opened until all trucks or other vehicles into which such goods are to be loaded are placed alongside the vessel and all is in readiness to commence the work;

(4) after the vessel is made fast to a wharf, all holds, tanks or spaces containing inflammable liquid shall be kept properly ventilated, to the satisfaction of the Marine Manager, to disperse all dangerous vapour that may be generated by the cargo or collected or lie in those places;

(5) an oil vessel loading or unloading inflammable liquid in casks, barrels, or other receptacles or containers shall work its cargo or carry out any other work on board only as directed by the Marine Manager;

(6) inflammable liquid contained in casks, barrels or other receptacles shall not be landed on any wharf from a vessel unless the casks, barrels or other receptacles are staunch and free from leakage and are of such strength and construction as to be not liable to break or leak;

(7) where the Marine Manager so approves in writing, inflammable liquid in bulk may be unloaded after sunset into shore tanks, and may, in special circumstances, be loaded into tank ships, and the following conditions and such other conditions as the Marine Manager may in those circumstances impose, shall be complied with —

(a) unless circumstances render it unavoidable, pipelines and hoses shall not be coupled, uncoupled, or otherwise interfered with, except in daylight; and

(b) sufficient electric flood lighting of approved type shall be provided to give ample light for all operations;

(8) general cargo, other than deck cargo, shall not be unloaded after sunset on any day from any oil vessel without the approval in writing of the Marine Manager.

45. Unauthorised persons

The master of an oil vessel shall not permit or suffer any unauthorised person to be on board the vessel while loading or unloading of inflammable liquid is in process, and shall display and keep displayed at the main gangway while occupying any berth at a wharf a conspicuous notice to the following effect —

NO ADMITTANCE<br>OIL SHIP<br>NO SMOKING ALLOWED

46. No smoking, etc.

During the loading or unloading of inflammable liquid no person shall smoke or heat any combustible matter, rivet or chip iron, or clean boilers or boiler tubes, or carry out other work likely to cause ignition on board the oil vessel or any other vessel lying alongside, and no person engaged in that loading or unloading shall carry matches or other appliances for providing or capable of providing ignition.

47. No use of fires

(1) From the time when tanks of an oil vessel are opened for the purpose of discharging or loading inflammable liquid in bulk, and until such time as the operations of discharging or loading have been completed and the tanks have been thoroughly ventilated, no person shall use or permit or suffer to be used on the vessel, any fire, other than approved ship’s boilers, or light other than a safety lamp approved by the Marine Manager, either on board or within 100 feet of the oil vessel, without the authority of the Marine Manager.

(2) Fires, lights, or electric apparatus, other than electric filament lamps or self contained lamps, heaters, cookers, or other types of safe apparatus so designed, constructed and maintained as to be incapable of igniting inflammable vapour, shall not be used on or near the wharf at which inflammable liquid is being discharged or loaded, or upon which inflammable liquid is lying.

48. Superintendence of pumping

(1) Before any pumping operations of inflammable liquids are commenced, and during the continuance of those operations, the master shall cause —

(a) a competent signalling staff to be in attendance both at the tank installation and on board the oil vessel; and

(b) telephonic communication between the same points to be established and maintained.

(2) A responsible person shall be detailed by the master for attendance on the wharf to superintend the opening and closing of valves and for patrol of the pipe line during the whole of the pumping operation and pumping operations shall not be commenced before the correct position of all valves has been verified by the Marine Manager and the Marine Manager is satisfied that all precautions necessary have and will be taken to prevent leakages.

49. Coverings

(1) While pumping is in progress the lids, screw caps, or other removable coverings of the tanks shall be kept securely fastened or screwed down, except so far as may be necessary to enable discharge of inflammable liquid to proceed, and where it is necessary to remove any lid, screw cap, or other coverings, safety wire gauzes shall immediately be properly fitted, or other effective measures immediately taken, by the master to prevent the ignition of the inflammable liquid or vapours.

(2) If any leakage occurs while inflammable liquid is being loaded onto or discharged from an oil vessel, the master of the oil vessel shall forthwith cause the loading or discharging to cease.

50. Pumping after sunset

Where permission has been granted by the Marine Manager in writing for the pumping of inflammable liquids into or out of an oil vessel to be carried out between sunset and sunrise, and an interruption or stoppage of loading or discharging takes place, the pumping shall not be recommenced before sunrise unless permission to do so has been granted by the Harbourmaster in writing.

[By-law 50 amended: Gazette 4 Jul 1975 p. 2338.]

51. Clearing of pipe lines

(1) When an oil vessel has completed discharging inflammable liquid in bulk, the connection or connections to the shore pipe line shall not be broken until the pipe line for its whole length has been completely and satisfactorily cleared of all inflammable liquid, and the Marine Manager approves the breaking of the pipe line.

(2) Immediately discharge of the inflammable liquid is suspended or completed, all lids, screw caps, or other coverings shall be replaced, securely fastened down and made gas tight.

52. Other precautions

(1) The boiler or galley fires other than those required to produce steam for pumping of an oil vessel carrying inflammable liquid in bulk shall not be alight from the time when the holds or tanks are first opened for the purposes of discharge unless the written authority of the Marine Manager is first obtained.

(2) The master shall not allow any furnace other than that required to produce steam for pumping or any galley or other fires to be alight on board an oil vessel while the running of water for ballast or other purposes into any tank, receptacle, or enclosure on the oil vessel which has contained inflammable liquids is being carried out.

(3) No ballasting shall be carried out unless all tanks are sealed down as required by the Marine Manager and the rate of ballasting any tank shall be so reduced as required by the Marine Manager, and any directions given by him for other safety measures to be taken while ballasting shall be strictly observed.

(4) No ballasting shall be carried out by the master until he is so permitted in writing by the Marine Manager, who shall lay down such further conditions under which ballasting may be carried out as he may in the circumstances consider necessary.

53. No escape of liquid

(1) All pipelines and connections thereto, flexible or otherwise, used between the oil vessel and the berth, shall at all times be kept in an oil and vapour tight condition and shall not leak.

(2) Inflammable liquid shall not be allowed to escape, either directly or indirectly, into any waters.

54. Hawsers

The master of any oil vessel carrying inflammable liquid in bulk shall, immediately on the berthing of the vessel, have a steel wire hawser sufficiently strong to enable the oil vessel to be hauled away from the berth placed over the fore and aft ends of the oil vessel and made securely fast on board, and the hawser shall remain so placed while any inflammable liquid remains on board and until the oil vessel has been properly cleansed and ventilated.

55. Prevention of accidents

The master of an oil vessel shall take all due precautions for the prevention of accidents by fire in the discharge of inflammable liquids, and shall himself remain, or cause a responsible officer of the vessel to remain, on board the vessel, together with a sufficient crew, during the whole time of discharge, or while any inflammable liquid remains on board.

56. Inspection

The master of the oil vessel shall, when required so to do by the Marine Manager, do any act necessary to permit the Marine Manager to inspect and examine the inflammable liquid on board the vessel and any appliances to be used on the vessel for the purpose of ascertaining whether the provisions of these regulations are being observed and whether all other measures necessary for general safety are being taken.

57. Barricades and watchmen

(1) The loading or unloading of inflammable liquid into or from an oil vessel berthed at a wharf shall not be commenced unless —

(a) a barricade capable of preventing any unauthorised person having access to the vessel and pipe line hose connections has been erected on the wharf or jetty; and

(b) satisfactory provision has been made for watchmen to be in attendance to prevent the entrance of any unauthorised person and to take possession of matches from all persons passing through the barricade towards the oil vessel and to assist generally in the enforcement of these by‑laws.

(2) The erection and maintenance of the barricade and the employment or engagement of watchmen shall be carried out and arranged by or in accordance with the directions of and to the satisfaction of the Marine Manager.

(3) Any barricade erected on a wharf in pursuance of this by‑law shall be so erected as to enclose an area of the wharf extending to a distance not less than 100 feet past each end of the oil vessel and 100 feet out from the vessel measured from the point on the side of the vessel closest to the wharf.

58. Explosives

(1) No ship having explosives on board shall go alongside a wharf for any purpose except by permission of the Marine Manager.

(2) Ships shall fly a red burgee at the mast until all explosives are discharged.

(3) No explosives shall be loaded, unloaded or conveyed unless the same are packed and marked in accordance with the Explosives and Dangerous Goods Act 1961, or regulations made thereunder, and no explosive shall be so handled unless it is authorised to be imported and sold in Western Australia or otherwise unless it is approved under an entry permit issued by the Chief Inspector of Explosives.

(4) No explosives shall be unloaded unless the Marine Manager is satisfied that it is imported under Authority of a licence or an entry permit issued by the Chief Inspector of Explosives.

(5) Explosives shall not be loaded to or unloaded from a ship except between the hours of sunrise and sunset unless special permission is given by an Inspector of Explosives.

(6) Explosives exceeding 5 lb. in weight shall not be conveyed in a boat or ship whilst carrying or plying for passengers for hire or reward without written approval of an Inspector of Explosives.

(7) The loading, unloading and conveyance of explosives at the port shall be carried out in accordance with the general provisions of the Explosives and Dangerous Goods Act 1961, and the regulations thereunder.

(8) The maximum amount of explosives to be unloaded at any wharf shall be decided from time to time by the Chief Inspector of Explosives who shall take into consideration the type of explosives concerned, the facilities available for handling at the port and the magazine storage available for storing the explosives.

(9) When a ship goes alongside at any wharf for the purpose of unloading explosives, there shall be no other ship alongside at the same time while the unloading is in progress and no work of any kind shall be permitted on the wharf which is not directly necessary for the unloading of explosives from the ship.

(10) During the loading or unloading of explosives there shall be observed such rules as are laid down by the Chief Inspector of Explosives, except that when such work is done under direct supervision of an Inspector of Explosives, then all directions of the Inspector shall be obeyed whether provided for in the rules or not so provided.

(11) All matters relative to the handling of explosives which are not provided for in these by‑laws shall be referred to the Chief Inspector of Explosives who shall decide what action shall be taken.

(12) Classes and divisions of explosives as used in this by‑law are those used in the classification of explosives contained in the Second Schedule to the Explosives and Dangerous Goods Act 1961.

(13) Nothing in this by‑law shall apply to any ship having on board exclusively explosives of the following kind or binds or to the loading or unloading into or out of, or conveyance to or from any ship of the same —

(a) Explosives belonging to Division 1 of Class 6 and including such explosives as —

Fuse Igniters, Percussion Caps, Safety Cartridges, Safety Fuse, Igniter Cord Connectors.

(b) Explosives of Class 7 Division 3, including all fireworks of the shopgoods class.

(d) Explosives on vessels of war and such explosives as are exempt under section 63(a) of the Explosives and Dangerous Goods Act 1961.

(e) Explosives carried for the vessel’s own use in such quantities as are necessary to meet the law’s requirements for signalling purposes and provided that the explosives are kept in an approved type of magazine and that if 2 or more of the following explosives be in the same vessel they shall be kept in separate and completely enclosed receptacles in the magazine —

Gunpowder

Rockets

Sound Signal Rockets

Blue Lights

Holmes Lights

Pyrotechnic Signals of any other kind.

Provided that nothing in this by‑law shall prevent the introduction of an artificial light or safety matches of such construction and character and in such a place as will not cause any danger of fire or explosion to arise.

Part V

59. Discharge of garbage, oil, other offensive matter and ballast

(1) No person shall in a berthing area from a wharf or port installation or a vessel occupying a berth by any means whatsoever deposit discharge or permit to fall into the water (other than at a place designated for that purpose by the Marine Manager) any rubbish, garbage, ashes, mud, oil, oily water, oil sludge, oil refuse, oily bilge water or other similar or offensive matter if the same would or would be likely to interfere or inconvenience any shipping using any wharf or port installation or to interfere with the use by any such shipping of any wharf or port installation or to damage or soil any wharf or port installation or other property of the Company.

(2) No person shall without the written permission of the Marine Manager deposit any ballast, rock, stone, slate, shingle, gravel, sand, earth, cinders, rubbish, filth or any other article or substance whatsoever on any wharf or port installation or other property of the Company.

(3) Any person contravening this by‑law or who is responsible for any such contravention shall reimburse the Company for any expense incurred by it in remedying the situation caused by such contravention.

(4) Nothing in this by‑law shall derogate from the operation of any other of these by‑laws.

60. Fire

(1) Any person (being either an officer or member of the crew of the relative vessel or an employee of the Company) who discovers an outbreak of fire in or on board any vessel in a berthing area or occupying a berth shall forthwith give an alarm by means of the nearest electrical signal provided for that purpose and shall notify the Marine Manager of such outbreak PROVIDED THAT it shall be a defence to a prosecution under this sub‑bylaw for the defendant to establish that such alarm and notification had previously been given or that he reasonably believed that such was the case.

(2) Any person being an officer or member of the crew of the vessel in or on board of which there is an outbreak of fire or being an employee of the Company shall give such assistance in extinguishing the fire as the Marine Manager may direct.

(3) A person shall not break, sound or in any manner operate or interfere with any electrical or other fire alarm on any wharf or port installation or other premises of the Company except in the case of an outbreak of fire.

61. Cleaning of wharf berth

In the event that the Company incurs expense in cleaning up any spillage of cargo on any wharf the consignee of the cargo (in the case of inward cargo) or the consignor thereof (in the case of outward cargo) shall forthwith reimburse the Company for such expense.

62. Interference with notice boards

No person shall remove, obliterate or otherwise interfere with any notice board erected on or in the vicinity of any wharf or port installation.

63. Defacement and bill‑posting prohibited

No person shall without the permission of the Marine Manager write or paint or place any notice board placard or other document on any wharf or port installation.

64. Life saving appliances

No person shall interfere with any life‑saving gear, boat hook, drag, grapnel, life‑buoy or other apparatus placed on any wharf or port installation used for the purpose of saving life from drowning, unless such interference be for the purpose of saving life or by the police in dragging for drowned persons.

65. Vehicles on wharves

(1) No person shall without the written permission of the Marine Manager drive any motor vehicle upon any wharf or any approach thereto and notwithstanding such permission any such person —

(a) shall park only in an area set aside for this purpose;

(b) shall in any place where a notice is maintained indicating that the standing or parking is limited or restricted comply with the terms of such limitation or restriction;

(d) shall comply with all directions as to the disposal of his vehicle given by the Marine Manager or any other officer of the Company authorised by him (whether generally or specially) for such purpose; and

(e) shall not leave his vehicle unattended.

(2) The Marine Manager or any such officer of the Company shall be at liberty to move any unattended motor vehicle or any motor vehicle the driver of which has failed to comply with any such direction as aforesaid to any other place within the port.

66. Disorderly persons

The Marine Manager and any other officer of the Company shall be at liberty to take such steps as are necessary to prevent any intoxicated idle or disorderly person entering upon any wharf or port installation and to remove any such person who has so entered.

67. Smoking and loitering

A person shall not without the written permission of the Marine Manager smoke loiter or address any assemblage of persons under or upon any wharf.

68. Nuisances

A person shall not commit any nuisance under or upon any wharf.

69. Wharves may be closed

Subject to the provisions of the Act the Company may by notice placed on a wharf or part thereof close that wharf or that part and a person shall not enter upon that wharf or that part without the consent of the Marine Manager.

70. Children not allowed on wharves

No child under the age of 12 years shall be allowed on any wharf unless accompanied by an adult person.

71. Fishing

(1) No person shall fish from any part of the structure of any wharf below wharf deck level nor from pontoons or any landing steps or place for landing passengers.

(2) Any person fishing from wharf deck level as aforesaid —

(a) shall use only rod and line;

(b) shall not interfere with or obstruct the general wharf work or other users of the wharf;

(d) shall not deposit or leave upon the wharf any fish, fish refuse or offensive matter.

72. No building allowed on wharves

No person shall without the permission of the Marine Manager erect any building, staging or structure on or in any wharf or port installation.

73. Tampering with water appliances

No person shall without the permission of the Marine Manager turn any valve or cock or open or shut any fire plug or hydrant on any port or wharf installation.

74. Tampering with electric light or power mains

No person shall play, tamper or in any way interfere with any electric lights or fittings or any electric light or power mains on any port or wharf installation.

75. Limitation of liability

(1) The liability (if any) of the Company for any loss damage or injury suffered in consequence of or arising out of —

(a) any act, matter or thing done or omitted to be done in good faith and (subject to sub‑bylaws (2) and (3)) without negligence for the purpose of the construction, management, operation, maintenance or use of any wharf or any port installation or of the port or any approaches thereto or for the purpose of berthing, unberthing, mooring, unmooring or otherwise directing or managing vessels whether or not within the port or for the purpose of handling or accommodating cargo or persons or for the purpose of any of these by‑laws or in the provision of any port service or port facility;

(b) any failure to ensure that any berth or access to any port installation is made available or any failure to provide any port service or port facility (in either case either at all or at any particular time including any time previously notified or agreed) and whether or not any such failure occurs in consequence of or arises out of the negligent or wilful act or omission of the Company or any of its officers or employees or of any other person for whose acts or omissions the Company may be liable;

shall be limited to the payment of damages not in excess of $200.

(2) Without prejudice to sub‑bylaw (1) the liability of the Company (if any) in respect of any loss damage or injury to any vessel or the contents thereof (including cargo) shall be (whether or not any such loss damage or injury has been suffered in consequence of or arises out of the negligent or wilful act or omission of the Company or any of its employees or officers or any other person for whose acts or omissions the Company may be held liable) limited in respect of any vessel and its contents (including cargo) to the payment of damages not in excess of $200.

(3) Nothing in these by‑laws and in particular but without limiting the generality of the foregoing nothing in sub‑bylaw (1) or sub‑bylaw (2) shall impose on the Company any liability or any increased liability or shall be construed as implying that the Company has or would in the future have any liability or any increased liability which it would not have had if these by‑laws had not been made and nothing in these by‑laws or in the provision by the Company of any berth or any access to any port installation or of any port service or port facility shall be construed as importing any warranty by the Company that any such berth or access is or will be safe or that any such port service or port facility is or will be provided in a safe manner.

[By-law 75 amended: Gazette 29 Nov 1974 p. 5198.]

76. Highly inflammable cargo

Without prejudice to any other of these by‑laws no highly inflammable cargo of whatsoever kind shall be loaded or unloaded on to or from any vessel from or onto any wharf unless at least 48 hours notice has been given to the Marine Manager and written permission has been obtained from him therefor.

77. Vessel ready to work

The master shall prepare the vessel’s cargo handling equipment including the opening or removal of hatches and hatch beams, shall have the vessel ready to work cargo before it comes to its berth and shall be responsible for replacing hatches and beams.

78. Operation of port services, port facilities and port installations and provision of special services

Pursuant to paragraph (f) of subclause (2) of Clause 10 of the Agreement as embodied in the Schedules to the Act the Company shall have the entire control of all port services, port facilities and port installations and no personnel other than personnel provided or approved by the Company shall be utilized for or in respect of such use. Nothing in any of these by‑laws and in particular but without limiting the generality of the foregoing by‑laws nothing in any by‑law requiring the use of any port installation or of any port service or port facility shall (unless these by‑laws provide for a special charge therefor) prevent the Company making any charge which it would be entitled to make under paragraph (f) of subclause (2) of said Clause 10.

79. Construction

These by‑laws shall be construed so as not to exceed the powers conferred by or under the Act and all other powers them enabling the intention being that where any provision herein would but for this by‑law have been construed as being in excess of all such powers it shall nevertheless to the extent to which it is not in excess of all such powers to be a valid provision.

Part VI

80. Duties of master

Where by these by‑laws an act is required to be done or forbidden to be done in relation to a vessel the master of the vessel 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.

81. Offences and penalties

(1) A master or other person who fails to do or does any act that by these by‑laws he is required to do or is forbidden from doing, as the case may be, commits an offence and is liable on conviction to a penalty not exceeding $100.

(2) The imposition and payment of any such penalty does not affect the liability of any person to any other person in respect of the act or omission constituting the offence.

First Schedule

Hamersley Iron (Port of Dampier) By‑laws

GUARANTEE BY AGENT

To [The Company]

DAMPIER, WESTERN AUSTRALIA:

I hereby guarantee and warrant to you that all dues charged or payable or which may in the future become chargeable or payable under the above by‑laws in respect of or in connection with the vessel “ ” will be paid within 14 days after the departure of the said vessel from the said port and I undertake and agree to pay to you forthwith upon the expiration of the said period of 14 days the amount of any such dues which have not been paid as aforesaid. I shall not be discharged or released from this guarantee by any arrangement made between you and the owner or owners or master of the said vessel (either with or without my assent) or by any obligation to pay such dues or by any forbearance whether as to payment, time, performance or otherwise.

IN WITNESS whereof I have set my hand and seal this . . . . . . . . . . . . . . . . .

day of . . . . . . . . . . . . . . . 20 . . .

Signed Sealed and Delivered by the said

in the<br>presence of—	View image in the official source	(seal)

[First Schedule amended: Gazette 29 Nov 1974 p. 5198.]

Second Schedule

Tonnage rates

The tonnage rates payable in respect of a vessel shall be 4.425 cents for each ton of the gross registered tonnage of the vessel for each 6 hours or part thereof during which the vessel occupies a berth, the minimum charge for each entry into the port being a charge for 12 hours.

[Second Schedule amended: Gazette 29 Nov 1974 p. 5198; 21 Nov 1980 p. 3987; 8 Apr 1982 p. 1223; 28 Jun 1985 p. 2373; 3 Jul 1987 p. 2590; 15 Jun 2012 p. 2543.]

[Third and Fourth Schedules deleted: Gazette 29 Nov 1974 p. 5198.]

Fifth Schedule

Miscellaneous charges

A. Mooring and unmooring

(1) The charges in respect of boats’ crews for mooring and unmooring of vessels shall be $310.50 for each boat employed on each occasion in connection with mooring and unmooring of a vessel.

(2) If boats are ordered but cancelled all costs incurred by the Company in connection with the order shall be payable by the vessel ordering the same.

B. Wharfage and handling charges on cargo

(1) For inward and outward cargo (other than cargo loaded from or unloaded on to a wharf designed for the loading of iron ore (whether concentrated or unconcentrated) or of iron) wharfage shall be $1.00 per ton of all cargo handled.

(2) In addition to such wharfage all expenses incurred by the Company in handling such cargo over the wharf shall be payable.

(3) No wharfage shall be charged in respect of the loading on to a wharf designed for the loading of iron ore or iron as aforesaid of iron ore (whether concentrated or unconcentrated) or iron sold by the Company and the charge payable in respect of the loading or unloading from or on to such a wharf of cargo other than iron ore or iron sold by the Company as aforesaid shall be determined in accordance with the provisions of paragraph (f) of subclause (2) of Clause 10 of the Agreement a copy of which is set out in the First and Second Schedules to the Act.

[Fifth Schedule amended: Gazette 20 Sep 1974 p. 3524; 17 Aug 1979 p. 2539; 8 Apr 1982 p. 1223; 25 Feb 1983 p. 743; 7 Feb 1986 p. 467; 3 Jul 1987 p. 2590.]

Notes

1 This is a compilation of the Hamersley Iron (Port of Dampier) By-laws and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Hamersley Iron (Port of Dampier) By‑laws	27 Oct 1971 p. 4169‑86	27 Oct 1971
Untitled by-laws	27 Jul 1973 p. 2344‑5	27 Jul 1973
Untitled by-laws	20 Sep 1974 p. 3524	20 Sep 1974
Untitled by-laws	29 Nov 1974 p. 5198	29 Nov 1974
Untitled by-laws	4 Jul 1975 p. 2338	4 Jul 1975
Untitled by-laws	17 Aug 1979 p. 2539	17 Aug 1979
Hamersley Iron (Port of Dampier) Amendment By‑laws 1980	21 Nov 1980 p. 3987	21 Nov 1980
Hamersley Iron (Port of Dampier) Amendment By‑laws 1982	8 Apr 1982 p. 1223	8 Apr 1982
Hamersley Iron (Port of Dampier) Amendment By‑laws 1983	25 Feb 1983 p. 743	25 Feb 1983
Hamersley Iron (Port of Dampier) Amendment By‑laws 1985	28 Jun 1985 p. 2373	28 Jun 1985
Hamersley Iron (Port of Dampier) Amendment By‑laws 1986	7 Feb 1986 p. 467	7 Feb 1986
Hamersley Iron (Port of Dampier) Amendment By‑laws 1987	3 Jul 1987 p. 2590	3 Jul 1987
Reprint 1: The Hamersley Iron (Port of Dampier) By‑laws as at 7 May 2004** (includes amendments listed above)
Hamersley Iron (Port of Dampier) Amendment By‑laws 2012	15 Jun 2012 p. 2542‑3	bl. 1 and 2: 15 Jun 2012 (see bl. 2(a)); By‑laws other than bl. 1 and 2: 16 Jun 2012 (see bl. 2(b))

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)

Ballast 3

Beacon 3

Berth 3

Boat 3

Buoy 3

Cargo 3

Consignee 3

Consignor 3

Due 3

Harbour Light 3

inflammable liquid 40

Master 3

Motor Vehicle 3

oil vessel 40

Owner 3, 3

Port Facility 3

Port Installation 3

Port Service 3

Ship 3

The Act 3

the Agreement 3

The Collector 3

The Company 3

the harbour master 3

The Harbourmaster 3

The Marine Manager 3

The Port 3

Tonnage 3

Tons 3

Tug 3

Unberth 3

Vessel 3

Vessel of War 3

Wharf 3

Western Australia

Iron Ore (Hamersley Range) Agreement Act 1963

Hamersley Iron (Port of Dampier) By-laws

Western Australia

Hamersley Iron (Port of Dampier) By-laws

Contents

Part I

Citation 1
Application 1
Interpretation 1

Part II

Berthing 6
No interference with access 6
Cables 6
Guns or explosives not to be used 6
Mooring equipment 6
Directions as to disposal of vessels 7
Directions by Harbourmaster 7
Marine Manager empowered to move vessels 7
Tackle not to be cast off without permission 8
Working propeller 9
Obstruction of Marine Manager 9
Embarking across another vessel 9
Vessel to have sufficient ballast 9
Lights and gangways on vessels alongside wharves 10
Naked lights prohibited in vessels’ holds 10
Interference with buoys, beacons, etc. 10
Provision of tackle 10
Safety nets 11
Safety precautions 11
Repairs, welding 11
Vessels and gear to be kept free and clear of cranes 11
Night watchman 12
Opening on ships to be kept closed 12
Damage by water from vessels 12
Cargo loaded and discharged 12

Part III

Payment of revenue 14
Tonnage rates 14
Certificate of Registry 14
Exemption from payment 15
Rebates of tonnage rates 15

Control and exclusivity. By‑law 78 gives the Company exclusive operational control over port services, port facilities and port installations. The by‑law states that "no personnel other than personnel provided or approved by the Company shall be utilized" in connection with those services. This is an explicit delegation of managerial and personnel decisions to a private operator for the port installations described at by‑law 3(14) and wharves at by‑law 3(22).

Authority and the Marine Manager. The Marine Manager is the Company’s on‑site authority for enforcing the by‑laws. The Marine Manager can grant permissions, give directions on berthing and mooring, require gangways and safety equipment, require tugs, board vessels, hire assistance and take steps to ensure observance of rules (by‑laws 4, 9, 11(1)‑(4), 20, 34(4), 56, 57). The Harbourmaster under the Shipping and Pilotage Act 1967 retains primacy where statutory directions conflict: by‑law 10 provides that a vessel need not follow a Marine Manager direction if doing so would breach a Harbourmaster direction. Thus operational authority is layered; the Marine Manager is primary inside the Company’s domain but subordinated to statutory harbour control where applicable.

Charging architecture. "Dues" are broadly defined at by‑law 3(8) to include fees, tonnage rates, pilotage, tolls and "any other charge made by the Company under paragraph (f) of subclause (2) of Clause 10 of the Agreement". By‑law 29 levies dues for the Company's benefit and makes owners, masters and agents jointly and severally liable. The Second Schedule sets the tonnage rate formula, and the Fifth Schedule sets specific ancillary charges for mooring, wharfage and handling. The Company can sue to recover unpaid dues and may detain vessels until payment is made absent an accepted guarantee (by‑law 29).

Risk allocation. The by‑laws allocate operational risk to vessel owners and cargo interests. By‑law 75 limits the Company’s liability for loss or damage arising from management or operation of wharves and port installations to $200 in many circumstances, and separately caps liability in respect of any vessel and its contents to $200 (by‑law 75(2)). By‑law 11(5) disclaims Company liability for damage or loss occurring as a result of the Marine Manager moving a vessel pursuant to by‑law 11. Meanwhile, masters, owners and agents remain jointly and severally liable for dues (by‑law 29(1)), for damage to Company property (by‑law 20(2)), and for cleaning or spill remediation costs (by‑laws 59(3), 61).

Safety and operational prescriptions. The by‑laws prescribe minute operational and safety requirements for general cargo handling and for hazardous materials. Requirements include manifest delivery timings (by‑laws 38, 39), gangways and lighting (by‑law 17), safety nets and watchmen (by‑laws 21, 25, 57), a prohibition on naked lights in holds (by‑law 18), and extensive rules for oil vessels and inflammable liquids (by‑laws 41-56) and for explosives (by‑law 58). Non‑compliance can trigger operational measures by the Marine Manager and criminal penalties on conviction (by‑law 81).

Enforcement tools. The Company’s enforcement toolkit includes directions by the Marine Manager, boarding powers and removal of obstructions (by‑law 14), the power to move vessels and to hire assistance or ballast at owner’s cost where crew are absent or uncooperative (by‑law 11(3)‑(4)), detention for unpaid dues (by‑law 29(4)), and the ability to refuse or condition berth usage. Criminal offences are enforceable with fines up to $100 per by‑law 81. The Company can also demand reweighing or remeasurement of cargo at owner expense and may rely on manifests to compute dues (by‑laws 37(4), 38).

Interaction with external statutory regimes. The by‑laws expressly operate alongside the Shipping and Pilotage Act 1967, the Explosives and Dangerous Goods Act 1961 and the Ports and Harbours Regulations as they define certain classes of hazardous cargo and the Harbourmaster’s authority (by‑laws 10, 40, 58). The charging power references the Agreement implemented by the Act, specifically Clause 10 paragraph (f), which the by‑laws say authorises additional Company charges (by‑laws 3(8), 78).

Documentary control and guarantees. The First Schedule sets the form of the guarantee a master, owner or agent may give to secure payment of dues. It is framed to be continuing and not discharged by arrangements between the Company and the vessel owner or master, and it authorises the Company to recover unpaid dues from the guarantor after 14 days (First Schedule; by‑law 29(3)). The manifest and registry production requirements are mandatory (by‑laws 31, 38, 39).

Together these concepts create an operational model in which a private Company runs port services, sets and collects charges, enforces detailed safety and procedural rules through a Marine Manager, limits its civil exposure tightly, and relies on statutory and contractual levers (detention, guarantees, and criminal sanctions) to secure compliance and revenue.

The by‑laws name multiple classes of persons and allocate obligations or liabilities to them expressly. The primary affected groups are the Company, the Marine Manager, vessel masters, vessel owners, vessel agents, consignees, consignors, cargo owners, crews, and port facility users.

The Company. The Company operates the port, levies dues and charges, provides port services and personnel, and enforces the by‑laws through its Marine Manager (by‑laws 29, 78). It also benefits from the levied dues and from the indemnities and charging powers in the Agreement referenced at by‑law 3(8) and 78. The Company has limited liability under by‑law 75.

The Marine Manager and Company officers. The Marine Manager is the executive agent in the port for implementing by‑law directions, boarding vessels where authorised, and hiring assistance if required (by‑laws 3(27), 11, 14). Other Company officers are empowered to remove intoxicated or disorderly persons, move vehicles on wharves and generally to enforce the Company’s notices and directions (by‑laws 25, 65, 66).

Owners, masters and agents of vessels. These are the principal persons on whom duties and liabilities fall. The master has primary operational duties to ensure compliance with required acts regarding the vessel as set out across the by‑laws and under by‑law 80. Owners, masters and agents are jointly and severally liable for dues (by‑law 29(1)), and the master must produce Certificate of Registry on demand (by‑law 31). The master must deliver manifests, certify their truth, allow reweighing or remeasurement at owner expense and comply with the Marine Manager’s directions, save where the Harbourmaster has contrary directions (by‑laws 10, 31, 37(4), 38, 39, 11).

Cargo interests: consignors and consignees. Consignors and consignees bear liability for wharfage and handling dues for outward and inward cargo respectively (by‑law 36). They also are responsible for reimbursing the Company for clean‑up costs and damage caused by cargo or carelessness (by‑laws 20(2), 61, 59(3)).

Crews and vessel personnel. The by‑laws require watchmen for vessels over 150 gross tons and at least one person onboard smaller vessels at night (by‑law 25). Masters must ensure safety nets, gangways and lighting are provided (by‑laws 17, 21). Crew are expected to assist the Marine Manager when moving vessels (by‑law 11(2)).

Users of wharf facilities and the public. Persons accessing wharves must comply with rules on conduct, smoking and loitering, no building without permission, and fishing restrictions (by‑laws 65, 67-72). Children under 12 are restricted unless accompanied (by‑law 70). Vehicles require written permission to enter wharves and must comply with parking rules (by‑law 65).

Operators of hazardous cargo and those handling inflammable liquids or explosives. Masters and agents of oil vessels and vessels carrying inflammables must comply with a detailed set of requirements: display signals, provide notice of intended quantities over 40 gallons, get written permission before loading or unloading, ensure ventilated tanks, establish barricades and watchmen, and permit inspections (by‑laws 41-57). Those handling explosives must observe the Explosives and Dangerous Goods Act 1961 and its rules, obtain permits where required, and follow Chief Inspector directions (by‑law 58).

Third parties and contractors. The Company controls personnel used in port services. By‑law 78 says no personnel other than those approved by the Company shall be utilised for port services, which affects stevedores, pilots, tugs, linesmen, security guards and anyone seeking to offer services at the wharf. Where the by‑laws refer to charges under paragraph (f) of subclause (2) of Clause 10 of the Agreement, the Company may levy extra charges for special services, potentially affecting contractors and customers.

Insurers and trade creditors. Because the Company caps its liability and requires manifests, guarantees and joint liability for dues, insurers and creditors of ships and cargo will be directly affected by the contractual and statutory allocation of risk and the potential for the Company to detain vessels until dues are paid (by‑laws 29, 75).

Regulators and Harbourmaster. The Harbourmaster retains statutory authority where a conflict arises (by‑law 10). The Explosives and Dangerous Goods Act 1961 and its Chief Inspector retain oversight on explosives matters and set limits and conditions that the by‑laws incorporate (by‑law 58).

Who pays and who decides. The by‑laws make owners, masters, agents, consignors and consignees the payors of dues and charges, with joint and several liability in many instances (by‑laws 29, 36). The Company, through the Marine Manager, makes day‑to‑day decisions about berthing, safety permissions, and personnel use, while the Harbourmaster can override on statutory grounds (by‑law 11, 10, 78).

In short, shipping principals, cargo owners, vessel crews and contractors who operate via the Port of Dampier are bound by an operator‑centric regulatory regime that centralises decision authority in the Company while imposing payment and safety obligations on masters, owners, consignors and consignees.

This section identifies explicit duties imposed by the by‑laws, and the rights that flow to the Company and to vessel interests.

Primary duties of masters, owners and agents

Produce registration and manifests. The master must produce the vessel’s Certificate of Registry on demand (by‑law 31) and deliver two certified copies of inwards manifests prior to commencing discharge, with certified amendments within 48 hours (by‑law 38). For outwards cargo, a certified manifest must be delivered prior to unberthing (by‑law 39).
Follow Marine Manager directions on berthing and mooring. The master must comply with directions about the place and manner of berthing, securing, mooring and the provision of gangways and safety equipment when directed by the Marine Manager (by‑law 9). The Marine Manager may move vessels for non‑compliance (by‑law 11).
Provide safekeeping and handling equipment. The master must supply tackle for slinging cargo, suspend safety nets beneath gangways, ensure gangways are illuminated from sunset to sunrise, and keep the vessel free of obstructions near cranes and plant (by‑laws 20(1), 21, 17, 24). The master must ensure sufficient ballast and that openings which could discharge steam, water or rubbish are screened (by‑laws 16, 26).
Safety during hazardous operations. Masters of oil vessels and vessels handling inflammable liquids must display specified signals and lights, notify the Marine Manager if more than 40 gallons are to be loaded or unloaded, get written permission, keep tanks ventilated and closed except during operations, have barricades and watchmen, and other measures set out in by‑laws 41-57. Those with explosives onboard must comply with the Explosives and Dangerous Goods Act 1961 and Chief Inspector directions (by‑law 58).
Night watches and personnel on board. Vessels exceeding 150 gross tons must have a watchman on deck from sunset to sunrise, and smaller vessels must have at least one man on board during the same period (by‑law 25).
Allow inspections and assist Marine Manager. The master must not impede the Marine Manager, must assist when vessels are moved, and must allow inspection of inflammable liquids and appliances when requested (by‑laws 11(2), 14, 56).

Financial duties

Pay dues and charges. Owners, masters and agents are jointly and severally liable for all dues imposed under the by‑laws (by‑law 29(1)). Dues must be paid before departure, unless the Company accepts the First Schedule guarantee, in which case payment is due within 14 days of departure, and the Company may detain the vessel until dues are paid if no guarantee accepted (by‑laws 29(3)‑(4)).
Reimburse Company for damage and cleaning costs. The master, owner or agent must compensate the Company for damage due to breakage of slings or other causes and the consignee or consignor must reimburse cleanup expenses (by‑laws 20(2), 61). Those who deposit prohibited matter must reimburse the Company for expense incurred in remedying the situation (by‑law 59(3)).

Rights and powers granted to the Company and Marine Manager

Direct and control operations. The Marine Manager may give directions about berthing, mooring and the provision of safety appliances (by‑laws 4, 9). The Company may control personnel engaged in port services and charge for special services under the Agreement clause referred to at by‑laws 3(8), 78.
Move vessels and hire assistance. If a vessel or its crew fail to comply, the Marine Manager may berth, unberth, moor or unmoor any vessel and may make fast or cast off ropes, hire assistance and put ballast on board at the vessel owner’s cost (by‑law 11(1)‑(4)).
Detain vessels for unpaid dues. The Marine Manager may detain a vessel until dues are paid unless the Company has accepted a written guarantee (by‑law 29(3)‑(4)).
Levy fees and special charges. The Company levies tonnage rates and miscellaneous charges specified in the Second and Fifth Schedules and may make other charges authorised by the Agreement (by‑laws 29, 30, Fifth Schedule, 78).
Inspect and require remeasurement. The Marine Manager may demand reweighing or remeasurement of cargo in the presence of a Company officer at the owner’s expense, and those results prevail for dues computation (by‑law 37(4)).

Liability limits and legal consequences

Limited Company liability. The Company’s liability for damage, loss or injury in connection with port operation or provided services is capped in many cases at $200 (by‑law 75(1)‑(2)). By‑law 75(3) states the by‑laws do not impose any liability the Company would not otherwise have had, and that the by‑laws do not import a warranty of safety in berths or services.
Exemption of Company for moves. The Company disclaims liability for damage or loss occurring during the Marine Manager’s exercise of powers to move a vessel (by‑law 11(5)).
Criminal offences. Failure to do what the by‑laws require or doing what is forbidden is an offence liable on conviction to a penalty not exceeding $100 (by‑law 81(1)), without prejudice to other civil liabilities (by‑law 81(2)).

Procedural rights and obligations

Harbourmaster supremacy where statutory conflict. By‑law 10 allows a vessel to refuse compliance with a Marine Manager direction if that would cause failure to comply with a Harbourmaster direction under the Shipping and Pilotage Act 1967.
Rebates and exemptions. The Company may rebate tonnage rates in certain circumstances (distress, repairs, missions, pleasure vessel not trading) after at least six hours have been paid (by‑law 33). Vessels of war and government vessels not engaged in trade may be exempt from tonnage rates (by‑law 32(1)). Short visits to land sick persons may be exempt at the Company’s discretion (by‑law 32(2)).

In practice the by‑laws create a regime where most operational and financial duties fall to masters, owners, agents, consignors and consignees, while the Company retains expansive powers to direct operations, control personnel, collect dues, detain vessels and limit its own civil exposure.

The by‑laws combine administrative enforcement tools, civil remedies and criminal penalties. The regime is operator‑centric, giving the Company direct remedial powers to secure operations and payment, while keeping criminal penalties modest.

Criminal penalties

Offences under the by‑laws are enforceable by prosecution. By‑law 81(1) states that a master or other person who fails to do an act required or does any forbidden act commits an offence and is liable on conviction to a penalty not exceeding $100. By‑law 81(2) makes clear that criminal penalties do not affect civil liability arising from the same acts or omissions.

Administrative enforcement and operational powers

Directions and boarding. The Marine Manager may give directions over berthing, mooring and provision of gangways and safety appliances (by‑laws 4, 9). Company officers may board vessels as authorised by the by‑laws (by‑law 14). A person must not obstruct or impede the Marine Manager in executing duties (by‑law 14).
Emergency and safety enforcement. For fires or leaks, persons discovering fire must give alarm and notify the Marine Manager, and those on board must assist as directed (by‑law 60). For hazardous operations, the Marine Manager can require written permissions and may inspect inflammable liquid operations and equipment, and set conditions for pumping at night or after disruptions (by‑laws 43, 48, 50, 56).

Revenue enforcement

Detention for unpaid dues. The Company may accept a guarantee in the First Schedule, otherwise the Marine Manager may detain a vessel until dues are paid (by‑law 29(3)‑(4)). The guarantee is an instrument to avoid detention, and it expressly survives arrangements or forbearance between the Company and owners or masters (First Schedule).
Civil recovery. The Company may sue for dues in any court of competent jurisdiction (by‑law 29(2)). It can also recover compensation for damage to Company property or for cleaning costs under by‑laws 20(2), 59(3), 61.

Operational compulsion

Power to move vessels and hire assistance at owner’s cost. The Marine Manager may berth, unberth, moor, unmoor, attach or detach ropes and hire or purchase ballast and assistance to carry out movements when needed (by‑law 11(1)‑(4)). If the vessel lacks crew or refuses to assist, the Marine Manager may engage third parties and charge the vessel for those costs.
Requirement to use Company personnel and services. By‑law 78 gives the Company exclusive control over port services and facilities, restricting the use of any personnel other than that provided or approved by the Company. The Marine Manager may require company tugs for berthing or unberthing (by‑law 34(4)).

Other enforcement levers

Reweighing and remeasurement. The Marine Manager may demand reweighing or remeasurement of cargo in presence of a Company officer at the owner’s expense, with the new figures prevailing for dues calculation (by‑law 37(4)). This shifts costs for dispute resolution over cargo quantities onto the owner.
Removal of persons and vehicles. Company officers may prevent and remove intoxicated, idle or disorderly persons from wharves and may move unattended motor vehicles or vehicles failing to comply with directions (by‑laws 66, 65(2)).

Limitations on Company exposure that affect enforcement choices

Liability limits may affect enforcement posture. By‑law 75 limits the Company’s liability to $200 for loss or damage connected with wharf operations and to $200 in respect of any vessel and its contents. By‑law 11(5) states the Company shall not be liable for damage occurring during exercise of Marine Manager powers. These low caps reduce the Company’s civil risk when exercising enforcement powers such as moving vessels, but also shift potential loss exposure onto shipowners and cargo interests.

Practical enforcement dynamics and consequences

Criminal fines are modest. The maximum criminal fine under the by‑laws ($100) is small relative to potential port losses or damage. The Company therefore relies primarily on civil remedies, operational compulsion and contractual devices (detention, guarantees, remeasurement at owner cost) to enforce compliance and collect revenue.
Joint and several liability increases recoverability. By‑law 29 makes owner, master and agent jointly and severally liable for dues. By‑law 36 makes consignors and consignees liable for outward and inward wharfage and dues. This broadens who the Company can sue for unpaid charges.
Discretion in rebates and exemptions. The Company is given discretion to rebate tonnage rates in specific situations (by‑law 33) and to exempt small humanitarian calls or government vessels (by‑law 32), which allows operational flexibility but creates administrative discretion that may trigger disputes.

In short, enforcement is a mix of modest criminal penalties, strong operational levers held by the Company and Marine Manager, civil collection tools including detention and guarantees, and administrative discretion. The liability caps concentrate loss allocation away from the Company and onto private parties, while the Company retains comprehensive operational remedies.

The by‑laws explicitly reference and operate alongside a number of broader statutory instruments and the Agreement that underpins the Act. These cross‑references place limits on the by‑laws, import safety standards from other regulatory regimes and channel certain powers to external regulators.

Shipping and Pilotage Act 1967

Harbourmaster supremacy. By‑law 10 provides that a vessel within the Port need not comply with by‑laws 4 or 9, or any direction under them, if doing so would constitute a failure to comply with a direction given by the Harbourmaster under the Shipping and Pilotage Act 1967 or regulations made thereunder. This positions the Harbourmaster as a statutory superior authority for navigation, pilotage and safety directions, limiting the Marine Manager where the Harbourmaster has issued directions.

Explosives and Dangerous Goods Act 1961

Explosives handling. By‑law 58 integrates the Explosives and Dangerous Goods Act 1961 into port operations. It requires explosives to be packed and marked per that Act and its regulations, prohibits unloading unless imported under a licence or entry permit issued by the Chief Inspector of Explosives, reserves certain approvals to the Chief Inspector, and requires compliance with that Act’s classification and rules. The by‑laws say that matters not covered by the by‑laws are to be referred to the Chief Inspector, who decides appropriate action, thus deferring to the external explosives regulatory framework.

Ports and Harbours Regulations and Governor proclamations

Definition of inflammable liquid. By‑law 40 adopts the Ports and Harbours Regulations’ definition of "inflammable liquid" for the purposes of by‑laws 41-57 and ties "oil vessel" to that definition. It also contemplates Governor proclamations in the Gazette to classify liquids. Hence compliance with the by‑laws requires reference to those external regulatory definitions and proclamations.

The Agreement and the Act

Charges under Agreement paragraph (f). The by‑laws repeatedly refer to paragraph (f) of subclause (2) of Clause 10 of the Agreement embodied in the Act, incorporating the Agreement’s charging rights into the by‑laws. By‑law 3(8) defines "due" to include any "charge made by the Company under paragraph (f) of subclause (2) of Clause 10 of the Agreement". By‑law 78 also reserves the Company’s right to make charges which it would be entitled to make under that paragraph. The by‑laws therefore implement an Agreement‑based charging power that sits alongside the by‑laws’ schedules.

Other statutory interplay

Safety and inspection regimes. The by‑laws require compliance with external safety standards for handling inflammables, explosive classes and general pollution control. For pumps, pipelines and hoses, the Marine Manager is empowered to set conditions and require that pipes be cleared and that tank covers replaced (by‑laws 48-51). Where external licences, entry permits or approvals are required by the Explosives and Dangerous Goods Act, the by‑laws make such external permissions a prerequisite.
Evidence and court recovery. By‑law 29(2) permits the Company to sue for dues in any court of competent jurisdiction. That right is subject to procedural and substantive rules under general civil and commercial law, including any defences a shipowner might raise under shipping law or maritime conventions, though the by‑laws themselves provide the Company with express legal bases for recovery.

Interaction implications and tension points

Overlap and preemption. Where the Harbourmaster issues directions under the Shipping and Pilotage Act 1967, such directions can override the Marine Manager’s instructions per by‑law 10, producing a layered command structure requiring masters to navigate potential conflicts. Similarly, explosives and dangerous goods matters are primarily regulated by the Chief Inspector and associated Acts, so the by‑laws operate in supplement, not replacement, of those external obligations (by‑law 58).
Contractual and statutory rights. The by‑laws reference rights and charges under the Agreement embodied in the Act, which can create contractual claims and obligations that extend beyond the text of the by‑laws themselves. For users, understanding charges requires examining the Agreement’s Clause 10 paragraph (f) in the Act’s Schedules as the by‑laws incorporate those charging powers.
Liability and insurance. The by‑laws’ limitations of Company liability (by‑law 75) and the Company’s ability to move vessels without liability for resulting damage (by‑law 11(5)) interact with general maritime law and insurance arrangements. Insurers and cargo interests will need to consider the by‑laws when assessing recourse and policy coverage.
Regulatory compliance layering. Operators handling inflammable liquids or explosives must comply simultaneously with by‑law requirements and the external Acts and regulations that the by‑laws invoke. This stacking can increase compliance burden but also clarifies that external licences and Chief Inspector approvals remain mandatory.

In short, the by‑laws do not operate in isolation. They sit within a statutory lattice including the Shipping and Pilotage Act 1967 for navigational control, the Explosives and Dangerous Goods Act 1961 for hazardous cargo, the Ports and Harbours Regulations for classifications, and the original Agreement and Act that grant the Company charging and operational powers. Parties using the port must therefore manage obligations under multiple overlapping regimes.

The by‑laws include a compilation note and a table of gazettals listing multiple amendments spanning from initial publication to later adjustments of rates and fees. The document itself records amendments to particular by‑laws and schedules and the dates they were gazetted.

Key amendment events and their focus

Initial enactment and gazettal. The by‑laws were gazetted as Hamersley Iron (Port of Dampier) By‑laws on 27 October 1971, and commenced that day (Compilation table).
Early adjustments and untitled by‑laws. Subsequent untitled by‑laws appeared as early as 27 July 1973 and 20 September 1974, with further amendments reported on 29 November 1974 and 4 July 1975. Some of those amendments modified operational powers and rates; for example by‑laws 34 and others were amended in 1974 (gazette citations visible in the text).
Repeated rate adjustments. The Second Schedule’s tonnage rate has been amended at multiple times: Gazetted amendments listed include 29 November 1974; 21 November 1980; 8 April 1982; 28 June 1985; 3 July 1987; and notably 15 June 2012. The by‑laws record these amendments in bracketed notes beneath the Second Schedule. The 2012 amendment is specifically noted in the compilation table.
Revisions to ancillary charges. The Fifth Schedule (miscellaneous charges) shows amendments across different gazettal dates: 20 September 1974, 17 August 1979, 8 April 1982, 25 February 1983, 7 February 1986, and 3 July 1987. These amendments adjusted items such as mooring boat crew charges and wharfage and handling charges.
Deletions of schedule material. The Third and Fourth Schedules were deleted (note in the text: "[Third and Fourth Schedules deleted: Gazette 29 Nov 1974 p. 5198]"), indicating consolidation or removal of previously scheduled items.
Reprint and later amendment. A reprint as at 7 May 2004 is recorded. A further amendment by the Hamersley Iron (Port of Dampier) Amendment By‑laws 2012 is noted with commencement of certain by‑laws on 15 June 2012 and the rest on 16 June 2012 as per the compilation table.

Documented specific by‑law amendments

By‑law 3 was amended (Gazette 29 Nov 1974 p. 5198), as indicated in the text where by‑law 3 includes an amendment note.
By‑law 34’s paragraphs (1)-(3) were deleted and paragraph (4) retained, as noted in the text with amendment references (Gazette 20 Sep 1974 p. 3524; 29 Nov 1974 p. 5198).
By‑law 50 received an amendment recorded at Gazette 4 Jul 1975 p. 2338.
By‑law 75 was amended (Gazette 29 Nov 1974 p. 5198), as indicated in the text.

Rates and monetary changes

The Second Schedule’s tonnage rate figure is annotated with multiple amendment citations, meaning the numeric rate displayed may reflect successive changes. The present Second Schedule sets the rate at 4.425 cents per gross registered ton per 6 hours or part thereof, with a 12‑hour minimum per entry. The Fifth Schedule contains monetary charges including $310.50 per boat employed for mooring/unmooring and $1.00 per ton wharfage for general cargo, and these entries bear amendment citations.

Administrative and editorial changes

The compilation table lists multiple gazettal events with dates and pages and notes that the reprint includes the listed amendments up to the 2004 reprint. The 2012 amendments are separately listed with commencement notes.

Implications of the amendment history

The by‑laws have been subject to frequent amendment with particular focus on rates and operational details. Users should therefore confirm the current schedules and numbers in the Western Australian Government Gazette or consolidated legislative database for the most recent figures and any later amendments beyond those in the compilation.
Some deletions and rewordings, notably the removal of earlier schedule content and the deletion of parts of by‑law 34, indicate an evolving operational model, particularly around towage and who provides such services.
The presence of regular monetary amendments suggests there is an administrative practice of adjusting commercial terms, rather than rewriting structural governance. The by‑laws therefore combine an enduring governance framework with adjustable fee schedules enacted through gazettal.

The compilation table in the by‑laws provides the authoritative record up to the 2012 amendments. For a current compliance or transactional matter, practitioners should check the most recent consolidated statutes and Gazettes for any amendments subsequent to those recorded.

The text of the by‑laws as provided contains no case law, judicial commentary, or litigation history. It does not list any court decisions, appeals or judicial interpretations that have applied, interpreted or reviewed these specific by‑laws. The instrument itself is silent on litigation precedents.

Practical consequences of the absence of reported litigation within the source

No internal report of contested interpretations. Because the by‑laws do not record litigation, the statutory text and schedules are the primary source of legal rights and obligations, and interpretations of ambiguous provisions would need to be developed in court or by agreement.
Areas likely to generate disputes. The by‑laws create several points that commonly generate litigation in port disputes, and practitioners should be alert to them even though the source lists no cases: (a) computation and billing of dues and reweighing disputes under by‑law 37(4); (b) detention of vessels for unpaid dues and the validity of guarantees under by‑law 29; (c) the Marine Manager’s exercise of power to move vessels and the effect of by‑law 11(5) disclaiming Company liability; (d) the effect and scope of the Company’s exclusive control under by‑law 78, particularly where third parties claim rights to provide services; and (e) the legal effect of the low caps on Company liability in by‑law 75 where significant damage occurs.
Reliance on external precedent. In the absence of cited litigation on the by‑laws, practitioners will need to rely on principles from maritime law, contract law, administrative law and relevant external statutes (Shipping and Pilotage Act 1967, Explosives and Dangerous Goods Act 1961) where disputes arise, and to draw analogies from decisions about private port operators and by‑law regimes in other jurisdictions if relevant.
Evidence and enforcement. The by‑laws give the Company several enforcement mechanisms likely to be tested in litigation, including detention and sale or court recovery of dues. Any contested exercise of those powers will require courts to weigh the by‑laws’ text against general principles of fairness, statutory interpretation and maritime obligations. The low criminal fines and the tight cap on Company liability may influence litigation strategies, for example by prioritising declaratory relief or injunctions over monetary claims against the Company.

For any litigation research or dispute assessment, practitioners should search court databases and law reports for decisions involving these by‑laws or actions by Hamersley Iron Pty. Limited concerning Port of Dampier operations beyond the information contained in the by‑laws. The by‑laws themselves do not supply litigation history or precedent.

This section flags features of the by‑laws that commonly surprise port users, and explains the concrete mechanisms by which those effects operate. All references are to specific by‑laws.

Company exclusivity on personnel and services (by‑law 78). The Company has "entire control of all port services, port facilities and port installations" and no personnel other than those provided or approved by the Company may be used. Practically this excludes third‑party stevedores, security or contractors unless the Company permits them. It also allows the Company to make additional charges under the Agreement’s Clause 10 paragraph (f) for services the by‑laws do not expressly price. The mechanism is contractual/statutory exclusivity rather than an operational preference, so prior commercial arrangements with other service providers may be ineffective unless the Company consents.
Low caps on Company liability (by‑law 75). The by‑laws cap the Company’s liability for many operational losses to $200, and impose a $200 limit for loss to any vessel and its contents. The cap operates irrespective of negligence or wilful acts in certain respects. That means parties cannot rely on statutory implied warranties of safety from the Company via the by‑laws; the by‑laws expressly displace such expectations by limiting compensation for damages. The practical consequence is that loss allocation must be addressed in commercial contracts and insurance placements, because claims against the Company under the by‑laws will be nominal.
Company immunity for actions of the Marine Manager when moving vessels (by‑law 11(5)). The Company disclaims liability for damage or loss during or in consequence of the Marine Manager exercising powers to berth, unberth, moor or unmoor vessels. The Marine Manager can act, engage third parties and place ballast at the owner’s cost where crew are absent or uncooperative (by‑law 11(3)‑(4)). The practical effect is that shipowners bear the operational risk of repositioning when the Marine Manager acts, and cannot recover from the Company for damage occasioned during that process under the by‑laws.
Joint and several liability for dues and the power of detention (by‑law 29). The owner, master and agent of a vessel are jointly and severally liable for dues. The Marine Manager may detain vessels until dues are paid unless the Company accepts the First Schedule guarantee, which itself is framed to be continuing and not discharged by arrangements. Practically, shipowners encounter direct commercial exposure and the risk of detention disrupting schedules and causing consequential losses that may not be recoverable from the Company because of liability caps.
Reweighing at owner expense (by‑law 37(4)). The Marine Manager can demand reweighing or remeasurement of cargo in the presence of a Company officer, at the owner’s expense, and those results prevail for computing dues. This shifts the burden of proof and cost for contested cargo quantities onto owners and consignors, even where initial manifests might have been prepared in good faith.
Modest criminal fines but strong civil and operational remedies (by‑law 81). The maximum fine for an offence is $100, which is low relative to port operational costs. The Company therefore depends on civil remedies, detention, and operational compulsion rather than criminal enforcement. Practitioners should not rely on criminal sanctions to deter non‑compliance; administrative levers are the real enforcement tools.
Requirement to use Company boats and charges for mooring/unmooring (by‑law 34(4), Fifth Schedule A). The Marine Manager may require the use of Company tugs when berthing or unberthing, and the Fifth Schedule sets a per‑boat charge ($310.50 per boat employed). If the Company orders boats and they are cancelled, all costs incurred are payable by the ordering vessel. The mechanism creates sunk costs for shipowners where Company boats are engaged.
Safety obligations with potentially high compliance costs (by‑laws 41-57, 57). Oil vessels and vessels with inflammable liquids must erect barricades, provide watchmen, maintain communications and lighting, and obtain written permissions for night pumping or certain coupling/decoupling. The by‑laws place the burden of arranging barricades and watchmen "to the satisfaction of the Marine Manager" on the vessel or parties concerned, and those costs can be material. Additionally, the Marine Manager can refuse operations without these measures.
Limited scope for third‑party competition in handling iron ore berths (Fifth Schedule B(3)). The Fifth Schedule specifies there is no wharfage charged for loading iron ore on wharves designed for iron ore loading sold by the Company, while charges for other cargo on such wharves are to be determined according to Agreement clause 10(f). This creates a differentiated charging regime for iron ore that can complicate mixed cargo operations and commercial cost allocation.
Interaction with external regulatory permits and inspectors (by‑law 58). Explosives handling depends on compliance with the Explosives and Dangerous Goods Act 1961 and the decisions of the Chief Inspector for quantities, timing and procedures. A failure to secure required external approvals can prevent loading or unloading regardless of port‑level permissions.

Identifying these mechanisms will help practitioners anticipate the likely operational and commercial traps in port calls at Dampier controlled by Hamersley Iron. The by‑laws create an environment where the Company’s operational discretion, collection power and low liability exposure can produce outsized effects on shipowners, agents and cargo interests unless contractual arrangements and insurance are arranged to address these exposures.

This section translates the by‑laws into concrete operational steps for masters, owners, agents, consignees and cargo interests intending to use the Port of Dampier. Each step references the relevant by‑law.

Documentation and pre‑arrival reporting

Certificate of Registry. Ensure the vessel’s Certificate of Registry is current and available for production to the Marine Manager or any Company officer on demand (by‑law 31).
Manifests. Deliver two certified copies in English of the inwards manifest at the Company office prior to commencing discharge, and furnish two certified statements of amendments within 48 hours where remeasurement or corrections occur (by‑law 38(1)‑(2)). For outward cargo, deliver a certified manifest prior to unberthing that includes correct tonnage of fuel oil bunkered (by‑law 39).
Notify for inflammables. If loading or unloading more than 40 gallons of inflammable liquid, give immediate written notice to the Marine Manager after making fast, with particulars of the quantity (by‑law 42).

Payment, guarantees and financial readiness

Pre‑pay dues or provide guarantee. Be prepared to pay all dues before the vessel leaves unless the Company accepts a written guarantee in the First Schedule; guarantees require payment within 14 days of departure (by‑law 29(3)). Ensure the guarantor understands the First Schedule’s terms, including the representation that the guarantee survives arrangements and forbearance.
Budget for scheduled charges. Calculate tonnage charges per the Second Schedule. For example, the rate is 4.425 cents per gross registered ton per 6 hours or part thereof, with a 12‑hour minimum. Confirm present rates in the consolidated legislation if contemporaneous figures are required (Second Schedule).
Expect miscellaneous charges. Prepare for Fifth Schedule charges: mooring boats ($310.50 per boat per occasion as listed), wharfage and handling ($1.00 per ton for general cargo unless otherwise specified), and potential special charges under Clause 10(f) of the Agreement for special services (Fifth Schedule, by‑laws 29, 78).

Operational and safety compliance on arrival and while alongside

Follow Marine Manager directions. Obtain and comply with all directions about berthing, mooring, gangways and safety appliances (by‑laws 4, 9).
Provide necessary equipment. Ensure the vessel has adequate cables, warps, hawsers, fenders and mooring ropes (by‑law 8), provide proper slinging tackle for cargo (by‑law 20(1)), suspend safety nets beneath gangways (by‑law 21(1)), and keep clear of cranes and wharf plant (by‑law 24).
Ensure lighting and watches. Have gangways well lit from sunset to sunrise if connected to shore, and maintain continuous watch on gangways (by‑law 17). Vessels over 150 tons must have a night watchman on deck; smaller vessels must have at least one person onboard (by‑law 25).
Control naked lights and smoking. Do not use any naked lights in holds (by‑law 18). Prohibit smoking and ignition sources during loading or unloading of inflammable liquids (by‑law 46).

Specific hazardous cargo procedures

Oil vessels. Display the International code flag "B" by day and a red light at night visible for at least one mile when nearing a wharf (by‑law 41). Obtain written permission from the Marine Manager before discharging or loading inflammable liquids (by‑law 43). Keep tanks ventilated and closed as required and follow supervision, telephonic communication and watchmen requirements for pumping (by‑laws 44, 48). Ensure steel wire hawser for immediate hauling is in place (by‑law 54).
Explosives. Do not go alongside to discharge explosives without Marine Manager permission and ensure packing and marking comply with the Explosives and Dangerous Goods Act 1961. Obtain relevant licences or entry permits from the Chief Inspector and follow the Chief Inspector’s rules and limits (by‑law 58).

Procedures for operations that require permissions or approvals

Repairs and welding. Notify the Marine Manager of any intended repairs or welding while occupying a berth and obtain written permission before starting work (by‑law 23).
Working propeller. Do not work the propeller while berthed without permission; limited turning is allowed for safe berthing/unberthing (by‑law 13).
Ballasting. Maintain sufficient ballast at all times, and obtain written permission for ballasting where required by the Marine Manager (by‑laws 16, 52(3)‑(4)).

Interaction with Company services

Personnel and services. Expect to use Company personnel for cargo handling and tallying unless the Marine Manager directs otherwise (by‑law 28(1)). The Company controls who may provide port services (by‑law 78); obtain written approvals in advance if you plan to use third‑party contractors.
Towage and tugs. The Marine Manager may require engagement of Company tugs for berthing or unberthing; factor boat crew charges and potential cancellation liabilities into planning (by‑law 34(4), Fifth Schedule A).

Managing liability and risk transfer

Insurance and contractual allocation. Because the by‑laws limit the Company’s liability to $200 in many circumstances (by‑law 75), and because the Marine Manager may move vessels without Company liability for resulting damage (by‑law 11(5)), owners and charterers should ensure their contracts and insurance address recovery for damage and consequential losses not covered by the by‑laws. Secure indemnities from charterers, shippers or cargo interests where appropriate.
Guarantees and security. If the Company requires a guarantee under the First Schedule, ensure the guarantor understands the instrument is continuing and not discharged by arrangements between owner and Company. Consider obtaining counter‑security from principals where appropriate.

Responding to Company enforcement and inspections

Comply with reweighing demands. If the Marine Manager requests reweighing or remeasurement, be prepared to fund and attend the process, and understand that the Company’s measures will prevail for dues computation (by‑law 37(4)).
Avoid obstruction. Do not impede the Marine Manager or Company officers. Failure to assist when vessels are moved can lead to the Marine Manager hiring assistance and charging the vessel (by‑law 11(2)‑(4)).

Administrative housekeeping and public conduct

Avoid unauthorised postings, tampering or waste discharge. Do not post notices or deface wharves without permission, do not deposit ballast or rubbish on wharves without permission, and do not discharge garbage or oil into waters except at designated places (by‑laws 62-63, 59).
Motor vehicle rules and parking. Obtain written permission to drive onto wharves, park only in set areas and comply with any posted parking limitations or Marine Manager directions (by‑law 65).

Dispute management and escalation

Document permissions. Obtain written permissions for departures from ordinary practice, for repairs, for night pumping, for working inflammable operations and for use of non‑Company personnel. Written permissions are recurrently required by the by‑laws (by‑laws 23, 43, 50, 78).
Preserve evidence. Keep certified copies of manifests, receipts for dues, copies of guarantees and correspondence with the Marine Manager to support any dispute about charges, detention or alleged regulatory non‑compliance (by‑laws 29, 38, 39, First Schedule).

By following these steps, vessels and cargo interests can reduce the risk of detention, additional charges, enforcement action or incidents of non‑compliance. Practitioners should also confirm current rates and any subsequent amendments and coordinate insurance and contract terms to address the by‑laws’ allocation of operational and financial risk.

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