Part 7Harbors and ports

Part 7—Harbors and ports 26—Interpretation In this Part (except Division 3 and Division 4)— adjacent land means adjacent land under the care, control and management of the Minister or a port operator; contiguous land means land contiguous to a wharf and under the care, control and management of the Minister or a port operator; harbor means a harbor, or that part of a harbor, under the care, control and management of the Minister or a port operator; wharf means a wharf under the care, control and management of the Minister or a port operator that is within a harbor. 27—Definition of harbor boundaries For the purposes of Schedule 1 of the Act, Schedule 3 defines the boundaries of the harbors referred to in clause 1(1) of that Schedule. 28—Constitution of ports For the purposes of the definition of port in section 4(1) of the Act, each area of land and water described in Schedule 4 is constituted as a port. 29—Obstructions on wharves (1) A person must not, without the approval of the CE or the relevant port operator, place anything on a wharf in a position that is likely to— (a) obstruct the approaches or any entrance to, or exit from, the wharf; or (b) obstruct the movement of cargo on, onto or from the wharf; or (c) impede the free passage of any vehicle or pedestrian on the wharf. (2) If an item is placed on a wharf in contravention of subregulation (1), a port management officer may— (a) direct— (i) the owner of the item; or (ii) the owner or operator of a vessel from which the item has been unloaded or on which the item is to be loaded, to remove the item from the wharf or to move it to another position on the wharf within a specified time; or (b) if unable in the circumstances of the particular case to give a direction under paragraph (a) or if a direction is given under that paragraph but the person fails to comply with the direction—remove the item from the wharf or move it to another position on the wharf. (3) The cost of taking action under subregulation (2)(b) may be recovered as a debt from the owner of the item by— (a) if the port management officer was an officer or employee of the relevant port operator (other than the Minister)—the port operator; or (b) in any other case—the CE. 30—Obstruction of landing places (1) A person must not, without the approval of the CE or the relevant port operator, moor a vessel at or near a landing place for longer than— (a) if the CE or relevant port operator has erected a sign regulating mooring at or near the landing place—the period specified by the sign; or (b) if a direction is given by the CE, the relevant port operator or a port management officer—the period specified in the direction; or (c) in any other case—a total of 4 hours in any day. (a) the vessel was unable to be safely moved within the time allowed by subregulation (1) because of a mechanical or equipment failure or because of prevailing weather conditions; and (b) the vessel was moved as soon as it was reasonably practicable to do so. landing place means a ramp, public steps, platform or other landing place which is part of or adjacent to a wharf or jetty and gives access from the wharf or jetty to vessels. 31—Unauthorised activity on wharf A person must not, without the approval of the CE or the relevant port operator— (a) undertake any work on a wharf that is not related to the loading or unloading of cargo; or (b) sort, pack or repair cargo on a wharf; or (c) place or leave on a wharf anything other than cargo; or (d) carry on retail trade on a wharf; or (e) erect or post any notice or advertisement on a wharf; or (f) damage, remove or interfere with any notice or advertisement on a wharf; or (g) fish (for any aquatic organism by any means) in contravention of a notice erected on a wharf by the CE or the relevant port operator or in contravention of a direction of a port management officer; or (h) light or maintain a fire on a wharf; or (i) damage or misuse any equipment provided on a wharf for lifesaving or firefighting purposes; or (j) smoke in or on a structure on a wharf; or (k) litter a wharf; or (l) damage a wharf in any manner. 32—Use of rail trolley (1) A person must not, without the approval of the CE or the relevant port operator, use a trolley except for a purpose connected with the loading or unloading of a vessel or the maintenance of a vessel. (2) A person must not propel a trolley at a dangerous speed or in a dangerous manner. (3) A person who is propelling a trolley must give other persons effective warning of the approach of the trolley. (4) A port management officer may give a person directions in relation to the use of trolleys. trolley means a truck or trolley supplied by the Minister or a port operator for use on rails laid on a wharf or contiguous land. 33—Removal of stevedoring gear after use The operator of a vessel that is being loaded or unloaded on a wharf must ensure that all moveable equipment used in the loading or unloading is removed and stored appropriately on completion of the loading or unloading. 34—Directions relating to dangerous or objectionable cargo If a port management officer suspects on reasonable grounds that particular cargo on a vessel may present, if unloaded on to a wharf, a risk of injury to persons or damage to property, or a nuisance, the port management officer may give directions to the operator or owner of the vessel or the owner of the cargo— (a) prohibiting the unloading of the cargo on to the wharf; or (b) prohibiting the storage of the cargo on the wharf; or (c) regulating the manner in which the cargo is to be unloaded or stored on the wharf. 35—Damage etc caused by cargo (1) If cargo on a wharf or contiguous land— (a) causes death or injury to a person; or (b) causes damage to the wharf or anything on the wharf or contiguous land; or (c) creates a nuisance or causes offence; or (d) hinders work on the wharf or contiguous land, (whether by spillage, leakage or otherwise) the owner of the cargo must— (e) report the matter to— (i) if the wharf or contiguous land is within a port—the relevant port operator; or (ii) in any other case—the CE; and (f) remove the cargo from the wharf or contiguous land, clean up any spillage and repair any damage to the wharf. (2) If a person fails to take the action required by subregulation (1)(f), a port management officer may take that action. (3) The cost of taking action under subregulation (2) may be recovered as a debt from the person in default by— (a) if the port management officer was an officer or employee of a port operator (other than the Minister)—the port operator; or (b) in any other case—the CE. 36—Discharge of liquid on wharves The operator of a vessel moored at a wharf must cause a covering to be placed over each outlet on the vessel that is at or above the level of the deck of the wharf so as to prevent any liquid being discharged from the vessel on to the wharf. 37—Abandoned cargo The CE or relevant port operator may take possession of cargo remaining on a wharf or contiguous land for more than 6 months and may deal with the cargo under the Unclaimed Goods Act 1987. 38—Unauthorised entry to wharf or contiguous land A person must not, without the approval of the CE or the relevant port operator, enter or remain in an area of a wharf or contiguous land to which the Minister or relevant port operator has restricted access by the erection of signs, barriers or by other means. 39—Watch officers in harbors (1) A vessel that is 35 m or more in length and is moored in a harbor must, unless the CE or relevant port operator approves otherwise, have at least 1 person on board for the purposes of communication with the CE, the port operator or a port management officer. (2) If subregulation (1) is contravened, the master or operator of the vessel is guilty of an offence. 40—Tugs (1) The operator of a tug that is attending a vessel being navigated under the control or at the direction of a licensed pilot must comply with the directions of the pilot. (2) The operator of a tug that is attending a vessel the master of which holds a current pilotage exemption certificate must comply with the directions of that master. 41—Fuel in vehicles etc (1) Cargo consisting of a vehicle, vessel or machine that uses petroleum, or other liquid fuel with a flashpoint below 60°C, must not be carried on a vessel unless each fuel tank of the vehicle, vessel or machine contains less than 50% of its capacity of fuel and is effectively sealed. (2) Cargo consisting of a vehicle, vessel or machine that uses petroleum, or other liquid fuel with a flashpoint below 60°C, must not be stored on a wharf or adjacent land unless each fuel tank of the vehicle, vessel or machine contains less than 5 litres of fuel and is effectively sealed. (3) If a vehicle, vessel or machine is carried or stored in contravention of this regulation, the consignor of the vehicle, vessel or machine is guilty of an offence. (4) However, subregulation (3) does not apply to the carriage of a vehicle, vessel or machine on an open deck of— (a) a ferry; or (b) a punt that crosses a river or fairway by means of ropes or cables. (5) A person must not transfer petroleum or other liquid fuel into or out of the tank of a vehicle, vessel or machine— (a) on a wharf constructed of timber; or (b) inside a structure on adjacent land under the care, control and management of the Minister or a port operator; or (c) within 15 m of any such structure; or (d) within 15 m of any cargo; or (e) on a vessel or within 15 m of any vessel. (6) Subregulation (5) does not apply to the transfer of petroleum or other liquid fuel into the tank of a vehicle, vessel or machine— (a) in accordance with any sign erected by the CE or a port operator; or (b) in accordance with any guidelines published by the CE or the relevant port operator for the purposes of this subregulation. 42—Operation of motors in cargo spaces A person responsible for the loading or unloading of cargo on a vessel is guilty of an offence if, during the loading or unloading— (a) an internal combustion engine or electric motor is operated in a cargo space in the vessel in contravention of Appendix 8, Marine Order Part 32—Cargo Handling Equipment under the Navigation Act 2012 of the Commonwealth; or (b) an internal combustion engine of a mechanical stowing appliance or other vehicle used is fuelled in a cargo space in the vessel in contravention of that Appendix. 43—Mooring lines in harbors (1) The operator of a vessel moored by lines to a wharf or other structure in a harbor must ensure that— (a) the vessel is safely moored at all times; and (b) the mooring lines are in good condition and properly adjusted. (2) A person must not, without lawful authority, interfere with a line attached to any vessel, buoy, anchor, mooring, wharf or other structure or device in a harbor. (3) The CE or the relevant port operator may authorise a person to interfere with a line in a manner that would otherwise constitute a contravention of subregulation (2). 44—Use of vessel engines in harbors (1) The engine of a vessel that is more than 35 m in length and is moored at a wharf in a harbor must not, without the approval of the CE or the relevant port operator— (a) be interfered with in such a manner that immobilises the vessel to the extent that the vessel cannot be made ready to be underway within 2 hours; or (b) be operated so as to turn a propeller or propellers. (2) If the engine of a vessel is interfered with or operated in contravention of subregulation (1), the operator of the vessel is guilty of an offence. 45—Mooring and unmooring of vessels in certain harbors (1) A person must not, unless authorised for the purpose by the CE or the relevant port operator, make fast or let go mooring lines of a vessel moored or to be moored to a wharf in a harbor. (2) This regulation does not apply in relation to the following vessels: (a) a tug, barge or lighter ordinarily used within a harbor to which this regulation applies; (b) a vessel with a gross tonnage of less than 1 000 tonnes— (i) ordinarily employed in trading or going between ports or places in the State; or (ii) ordinarily used as a pleasure yacht in South Australian waters; (c) a vessel belonging to the Royal Australian Navy. (3) Nothing in these regulations prevents a fee being charged for services provided by a person authorised by the CE or the relevant port operator under this regulation. 46—Swimming in harbors A person must not, without the approval of the CE or the relevant port operator, swim or dive in any harbor— (a) within 200 m of a vessel that is 15 m or more in length and is arriving or departing from a wharf, mooring or anchorage or is navigating in a channel; or (b) within 45 m of a vessel that is 15 m or more in length and is moored at a wharf; or (c) from any portion of a wharf not specifically set aside for entrance of a person into the water. 47—Application of Division This Division applies in relation to the following places: (a) all adjacent land vested in the Minister that is within a harbor; (b) all wharves, docks, jetties or other structures vested in the Minister or a port operator that are within a harbor. 48—Traffic signs (1) The CE or relevant port operator may erect signs on a place to which this Division applies giving directions for any 1 or more of the following purposes: (a) regulating the route to be followed by vehicles; (b) prohibiting or regulating the entry, exit or turning of vehicles (including vehicles over a certain mass); (c) requiring vehicles to be stopped; (d) requiring certain vehicles to give way to other vehicles; (e) prohibiting or regulating the parking of vehicles; (f) imposing speed limits for vehicles; (g) otherwise regulating vehicular traffic; (h) prohibiting or regulating pedestrian traffic. (2) A direction under this regulation may be of general or limited application according to the class of vehicles, drivers or pedestrians to which it applies, the area in which it applies, the circumstances of its application, or any other specified factor. (3) The CE or the relevant port operator may issue a permit exempting the holder from directions specified in the permit. (4) A person who contravenes the directions displayed on a sign erected under this regulation is guilty of an offence unless the person holds a valid permit issued by the CE or the relevant port operator exempting the person from the directions and the person complied with the terms of the permit. 49—Traffic and other directions (1) A port management officer may, orally or by hand signals, give to any person (whether a driver of a vehicle, a rider of an animal or a pedestrian) on or approaching a place to which this Division applies reasonable directions for the orderly functioning of the place and activities conducted at the place. (2) A port management officer who suspects on reasonable grounds that a vehicle that exceeds a mass limit imposed in respect of an area is in, or is about to enter, that area may direct the person in charge of the vehicle— (a) to submit the vehicle immediately for weighing by portable apparatus; or (b) to take the vehicle by the shortest practicable route to a specified weighbridge. 50—Parking signs and markings (1) The CE or relevant port operator may delineate, by signs or pavement markings or a combination of signs and markings, an area on a place to which this Division applies as an area in which vehicles or vehicles displaying a permit issued by the CE or port operator may be parked. (2) A person must not, without the approval of the CE or the relevant port operator, park a vehicle on a place to which this Division applies unless— (a) the vehicle is within an area delineated under this regulation as an area in which vehicles may be parked; or (b) the vehicle is being loaded or unloaded. (3) A person must not park a vehicle in an area delineated under this regulation as an area in which vehicles displaying a permit issued by the CE or the relevant port operator may be parked unless a valid permit is displayed in the vehicle and the vehicle is parked in accordance with the terms of that permit. 51—Removal of vehicles (1) If a vehicle is parked in contravention of this Division and a port management officer believes on reasonable grounds that the vehicle is obstructing the proper use of a place to which this Division applies, or that it constitutes a risk to the safety of persons or property, the port management officer may cause the vehicle to be removed to a convenient place (but this does not empower the port management officer to break into the vehicle). (2) The cost of removing the vehicle may be recovered as a debt from the owner of the vehicle or the person who parked the vehicle in contravention of this Division by— (a) if the port management officer was an officer or employee of a port operator (other than the Minister)—the port operator; or (b) in any other case—the CE. 52—Signs (1) A sign erected on or in the vicinity of a place to which this Division applies that appears to have been erected for the purposes of this Division will, in the absence of proof to the contrary, be taken to have been erected in accordance with this Division. (2) A sign erected by the CE, the Minister, the department or a port operator on or in the vicinity of a place to which this Division applies before the commencement of the repealed regulations will be regarded as having been erected in accordance with this Division. (3) In determining the meaning of a direction displayed on a sign under this Division, regard must be given to the characteristics of the surrounding physical environment, including any pavement markings. (4) In a direction displayed on a sign erected under this Division— maximum axle load, in relation to a vehicle, means the weight of the vehicle (including its load and the weight of the axle and wheels) borne by any axle of the vehicle; maximum wheel load, in relation to a vehicle, means the weight of the vehicle (including its load) borne by any wheel of the vehicle; permit means a permit issued by the CE or a port operator under this Division. 53—Permits (1) The CE or relevant port operator may issue permits for the purposes of this Division subject to such conditions as the CE or port operator thinks fit (including a condition fixing a fee to be paid to the CE or port operator). (2) The CE or relevant port operator may cancel a permit issued under this Division by written notice to the holder of the permit. (3) For the purposes of this Division, a permit is displayed in a vehicle only if the permit is displayed on the inside of the windscreen on the side opposite to the driver's position (or, if the vehicle does not have a windscreen, in some other prominent position) so that the permit is easily legible to a person standing beside the vehicle. (4) A port management officer may require a person apparently acting in a manner for which a permit is required under this Division to produce the permit for inspection immediately or at a specified place and within a specified period. 54—Evidence In any proceedings for an offence against this Division, an allegation in a complaint— (a) that a sign or marking was erected or made in accordance with this Division; or (b) that a specified person was the driver of a specified vehicle at the time of an alleged offence; or (c) that a specified vehicle was driven or parked in a specified manner or place at a specified time; or (d) that a specified person held or did not hold a permit under this Division; or (e) that a specified permit issued under this Division was subject to specified conditions, will, in the absence of proof to the contrary, be proof of the matters so alleged.