Jetties Act Regulations 1940

Definitions and role of the Department

• The Department is the administrative body subject to Ministerial control responsible for implementing the regulations (regulation 3, defined “Department”). Many duties, notices and powers are given to “the chief executive officer” or “officer in charge”, who act on the Department’s behalf (eg regs 4, 6A, 70, 111). The Minister also retains powers in particular provisions (eg closing jetties, cancellation of permits under reg 73(6)).

Liability and parties

• Owner and master of a vessel are jointly and severally liable for dues and charges (regulation 2). “Owner” is broadly defined to include registered owners, purchasers under credit sale, hirers, lessees, and persons with use of the vessel under hire/charter, but excludes unpaid vendors under hire purchase and lessors under lease (regulation 3(1), definition of “owner”).

Dues, charges and rates

• Schedules set specific fees by place and by use. Schedule 1 clause 1 defines three standard rates: Rate 1 (casual daily $8.70 per metre), Rate 2 (casual daily $62.25) and Rate 3 (annual $99.80 per metre). Calculation rules (regulation 3(3) and (4)) prescribe rounding and prorating of annual rates to monthly and weekly equivalents; exceptions apply (regulation 3(5A)). Particular places and uses attract bespoke annual or per‑metre rates (Schedule 1 Division 2; Schedule 3 for Port of Perth).

Permits, licences and fees

• A permit is required to moor or make use of public jetties and buoys within ports covered by Part 2 (regulation 71). Permits have durations (usually annual) and are subject to cancellation where payment is not made (regulation 72). Part 3A prescribes licence fees and categories: private licences (various subtypes, regs 105L-105N), fuel pipeline licences (reg 105O) and local government public licences (reg 105P), with specified numeric fees.

Operational control and conduct

• Numerous provisions govern day‑to‑day operations: masters must report arrivals (reg 4); manifests must be delivered (regs 8-9); cargo handling, marking and dangerous cargo rules are detailed (regs 14-23); working hours and overtime payment rules are specified (regs 37-39). The Department disclaims custody or liability for cargo placed on jetties without authority (reg 14), and for various loss/damage except where wilful misconduct is proven (regs 31-36).

Pipelines, fuel and safety

• Pipeline construction and installation must follow standards and requires licence or written Department consent (regulation 67A(3)-(6)). Maintenance, testing regimes and inspection intervals and reporting requirements are prescribed (regulation 67B(1),(4),(6),(7), (22) etc). Fuelling vessels at service jetties is restricted to those acting under an Act s.7(1) licence or with the chief executive officer’s prior written approval (regulation 67DA).

Discretionary relief and transparency

• The chief executive officer or authorised fee officers have power to waive fees (regulation 111), and emergency or partial waivers are permitted without a written instrument for urgency or operational unavailability (regs 113, 113A). Waivers must be published on the Department’s website while in effect and for 12 months thereafter (regulation 112). The chief executive officer may also designate authorised fee officers and specify their scope (regulation 110).

Enforcement and penalties

• Officers have power to summarily interfere to abate danger or annoyance (regulation 106); the Minister/Department can have acts done and recover expenses (regulation 107); Police may enforce regulations and have access to Department premises (regulation 107A); general penalties are provided (regulation 108) and some specific fines are listed in the text (eg reg 6A(2) fine $500; reg 67DA fine $500). Repair costs and damages may be recovered as a debt to the Crown (regulation 107).

Conceptual tensions and mechanisms

• The regulations balance revenue extraction through fees and permits with operational controls on safety and usage. They vest substantial discretion in Departmental officers (allocation of pens, issuing waiver instruments, temporary closures, publishing waiver instruments) while coupling those discretions with administrative transparency in the waiver context (reg 111-112). Exclusive use instruments (eg Berth 1 permit at Burswood, regs 67DF-67DG) create a mechanism for allocating exclusive rights subject to payment and conditions determined by the Department.

Primary affected parties

• Vessel owners and masters: The regulations place joint and several liability on owners and masters for dues and charges (regulation 2) and impose reporting duties on masters (reg 4). Vessel operators who use jetties face permit and payment obligations (regs 71-73; Schedule 1 and 3) and rules on conduct, safety and cargo handling (eg regs 14-23, 37-39, 80-84).
• Licensees and permit holders: Private licence holders, business licence holders, local government public licence holders and fuel pipeline licensees are the direct payors of specified licence fees under Part 3A (regs 105J-105P). Holders of exclusive berth permits (eg Burswood Berth 1 permit) obtain time‑limited exclusive rights subject to payment and conditions (regs 67DF-67DG).
• Fuel suppliers and pipeline owners: Suppliers who load fuel oil as bunkers must pay wharfage under reg 11B(2) and compile monthly records of fuel dispensed to the Department within 28 days (reg 11B(3)). Pipeline owners must obtain licence and comply with technical and inspection obligations under regs 67A and 67B.

Secondary affected parties

• Tourism and commercial operators: Commercial passenger vessel operators are directly affected by berth permits, exclusive use rules at Burswood (regs 67DF-67DG) and permit charges in Schedule 1 and 3. Tourism vessels and fishing vessels are categorised in fee calculations and have different rate applications in some places (eg Schedule 1 cl 16 Exmouth distinctions).
• Local governments and public users: Local government public licences are a specific category (reg 105J); public users of local government jetties might be affected by a local government public licence’s conditions (eg making a jetty available free of charge under the definition in reg 105J).
• Departmental officers and the chief executive officer: The Department exercises control, levies fees, grants waivers, and can close jetties or issue notices requiring payment and rectification (eg regs 6A, 70, 111, 67DK). Authorised fee officers designated under reg 110 may act in limited or general capacities for fee waivers and refunds.

Who pays and who decides

• Payer: The schedules and regulations allocate payment obligations primarily to vessel owners, masters, suppliers (fuel), licensees and permit applicants. Owners and masters are liable for dues (regulation 2), suppliers for fuel wharfage (reg 11B(2)) and licensees for new, replacement, amended and annual licence fees (regs 105K, 105L-105P).
• Decision‑maker: The chief executive officer and Department officers make operational and financial decisions: issuing notices, granting permits and licences, setting conditions on permits, cancelling permits, granting waivers and ordering works or removals (eg regs 6A, 67DG(3)-(4), 67DH, 111). The Minister retains specific functions (eg temporary closure, cancellation powers under reg 73(6)).

Practical behavioural effects

• Users of jetties will need to budget for both predictable charges (annual licence fees, scheduled per metre rates) and variable charges (overtime, extra handling charges reg 13, storage charges reg 25). The administrative obligations (manifests, reporting, fuelling approvals) create compliance tasks with time deadlines (eg manifests prior to discharge reg 8; supplier fuel reports within 28 days reg 11B(3)). Exclusive use permits (eg Burswood) permit operators to control passenger operations at scheduled times but require payment (Sch 1 cl 10(2) item 1; regs 67DF-67DG).

Groups facing concentrated benefits or burdens

• Exclusive berth permit holders at Burswood acquire exclusive access for defined authorised periods in return for a significant annual payment (Sch 1 cl 10(2) item 1 $17,608.35). This concentrates value for the permit holder and represents a transfer from other potential users. Conversely, the aggregate base of casual users and smaller recreational vessels face diffuse charges through standard rates and state‑wide fees, creating smaller per‑user burdens but across a large population.

Compliance burden and administrative friction

• The regime requires active administration: permit applications and payments, manifest certification (regs 8-9), vessel arrival reporting (reg 4), storage and claims administration (regs 25, 27, 36) and pipeline testing and reporting (reg 67B(4)). The Department’s powers to waive and refund (regs 111-115) and to impose emergency short‑term directions (reg 67DC) add administrative flexibility but require clear internal processes and record‑keeping to meet the publication and transparency requirements (reg 112).

Duties on vessel operators and owners

• Payment of dues and charges: Owner and master are jointly and severally liable for dues under these regulations (regulation 2). Wharfage, handling and haulage charges apply to goods landed or loaded (regulation 10A(1)) and are calculated on manifested measurement or weight at the option of the wharfinger or officer (regulation 10A(2)). The chief executive officer may issue a written notice requiring berthing dues to be paid by a specified date (regulation 6A(1)-(3)); failure to pay in contravention of 6A(2) attracts a $500 fine.
• Reporting and documentation: The master must immediately report vessel arrival to the officer in charge and must not leave until all dues and charges are paid (regulation 4). Manifests: inwards manifests must be delivered before discharge (regulation 8); outwards manifests before clearance (regulation 9). False statements in consignment notes or other documents are an offence (regulation 23).
• Conduct and cargo handling duties: Cargo cannot be landed or placed on jetties without written authority of the officer in charge (regulation 14); dangerous cargo requires written consent and marking (regulation 20). Heavy packages must be marked (regulation 22), and the officer may stop discharging when a “block” is imminent (regulation 15). Working hours are defined and overtime costs are borne by the vessel (regs 37-39, 38A).
• Storage and claims duties: Storage charges apply where goods are not removed in prescribed timeframes (regulation 25); storage indemnities may halve storage charges where the consignee or owner provides an approved indemnity (regulation 25(2)). Claims against the Department for landed goods have strict time limits: inward goods claims must be received in writing within 4 days of the vessel leaving the port; outward goods claims within 24 hours after the intended shipping vessel leaves (regulation 36).

Rights and entitlements

• Use of jetties subject to permission: Right to use public jetties only arises with permission (regulation 69(a); reg 71 requires written permission to moor alongside public jetties or buoys). Where a permit is granted, it will remain in force for its stated period (eg one year under reg 72(1)), subject to payment and conditions.
• Short‑term service jetty entitlements and transferability: Vessels that have paid an annual amount for short‑term use of a service jetty can use service jetties for up to an hour in a day at other specified places (Schedule 1 cl 2, Schedule 3 cl 3). Clause 3 and clause 4 of Schedule 1 and Schedule 3 give practical entitlements for vessels with annual payments.
• Ability to obtain exclusive or priority use: The Department may grant permits for exclusive use of berths (eg regulation 73 for the Port of Perth, and Burswood-specific provisions regs 67DF-67DG). At Burswood, a Berth 1 permit authorises exclusive use during authorised periods for commercial passenger vessels on payment of the item 1 amount in Schedule 1 clause 10(2).
• Administrative relief and waiver rights: The chief executive officer or an authorised fee officer may waive fees in whole or in part by written instrument (regulation 111(1)), and may refund fees (regulation 115). Emergency waivers (regulation 113) and partial waivers for unsuitable pen allocation (regulation 113A) allow the Department to relieve fees in specified circumstances.

Departmental and Ministerial powers

• Enforcement and operational powers: Officers can summarily interfere in dangerous or annoying breaches (regulation 106). The Department may cause required acts to be performed and recover costs as a debt to the Crown (regulation 107). Police officers may enter Department premises and enforce regulations (regulation 107A).
• Regulatory discretion: The chief executive officer may designate authorised fee officers (regulation 110); may amend conditions of permits (regulation 73(4); reg 67DG(4)); and may temporarily close jetties or berths (regulation 70; reg 67DK). The Minister may also temporarily close jetties (regulation 70(b)) and cancel permits where the holder has failed to observe conditions (regulation 73(6)).

Specific technical duties (pipelines and fuel)

• Licence requirement and technical standards: Construction or installation of pipelines for certain inflammable liquids requires submission of plans and a licence from the Minister or chief executive officer (regulation 67A(3)). Pipelines, valves and fittings must comply with specified standards and be tested (regulation 67A(6), (20)). Hoses must meet safe working pressure and inspection/testing standards, and records must be kept and produced on request (regulation 67B(3)-(4), (6)).
• Operational safety duties: Owners must ensure valves and appliances are inspected before pumping, maintain drip trays and gas‑tight pipelines, ensure cathodic protection where required, restrict pumping velocities on grade changes, maintain competent watchmen and firefighting equipment, and report untoward occurrences immediately (regulation 67B(2), (5), (9)-(19)).

Key procedural rights

• Right to notice and reasons: Where the chief executive officer gives a notice requiring payment or costs to be paid (eg reg 6A(1), reg 87(2)), the notice must be in writing and specify the day for payment. The Department must publish waiver instruments on its website while effective and for 12 months afterwards (regulation 112), which gives third parties visibility of fee relief decisions.
• Appeal / dispute process: For slipway disputes, a dispute is to be referred to and determined by the Minister whose decision is final (regulation 101B). The regulations do not otherwise create an internal merits review structure; many Departmental decisions are subject to statutory rights under the Act or general administrative law avenues.

Overview of enforcement architecture

• The regulations combine administrative, civil recovery and criminal penalty instruments. Officers of the Department have immediate operational powers to abate dangers and nuisances (regulation 106), and the Department/Minister can cause required acts to be performed and recover costs as a debt to the Crown (regulation 107). Police officers in uniform are authorised to access Department premises and assist in enforcement (regulation 107A). General offences are created by regulation 108.

Specified monetary penalties and recovery

• General penalty: Where no specific penalty is prescribed, a person who contravenes any provision is liable on conviction to a penalty not exceeding $200 (regulation 108). Note that this figure is the default statutory cap in the regulations; the instrument also contains some higher specific fines (below) and a range of civil recovery mechanisms for unpaid sums and costs (regulation 107).
• Specific fines: The regulations set specific fines in some places:
  • Failure to pay berthing dues when a notice has been given under reg 6A(1) is penalised by a fine of $500 under reg 6A(2).
  • Fuelling without licence or prior written approval of the chief executive officer at a service jetty is an offence with a fine of $500 (regulation 67DA).
• Recovery of expenses: Where persons are required to do an act under the regulations and fail to do it, the Minister or Department may cause the act to be performed and charge the cost to the person and recover it as a debt due to the Crown in any competent court (regulation 107). The owner is liable for damage to public jetties caused by vessel operations and the Department may give notice requiring the owner to pay repair costs (regulation 87(1)-(2)); such costs can be recovered as debts.

Operational enforcement tools

• Summary interference and removal powers: Any officer may summarily interfere to obviate danger or annoyance and remove the person causing it without prejudice to proceedings for penalties (regulation 106). The officer in charge may stop discharging cargo to avoid a “block” (regulation 15), order removal of goods (regulation 25(3)), refuse to accept or examine suspected dangerous parcels (regs 20-21) and order removal for non‑compliance with cargo rules (eg reg 16).
• Permits and licence sanctions: The Department may cancel permits for non‑payment or contravention of conditions (regulation 72(4), reg 67DH). Under reg 73(6), the Minister may cancel a permit if the holder fails to observe conditions or relevant regulations, and contravention of permit conditions attracts a penalty up to $200 (reg 73(5)).
• Police powers: Police officers in uniform have authority to enter jetties or Department premises at any hour and to ask reasonable questions and require information to be furnished (regulation 107A).

Enforcement against special infrastructure non‑compliance

• Pipelines and fuel operations: Where the Minister or chief executive officer requires a licence holder to remove or amend a pipeline at licence expiry and the licensee fails to comply, the licensee is guilty of an offence under regulation 67D (penalty not restated in this regulation but it triggers offence liability and likely seeks recovery or licence sanction). The technical and maintenance rules (regulation 67B) impose operational duties that, if breached, could expose owners/operators to enforcement actions and liability for incidents.

Procedural safeguards and transparency

• Waiver publication: The chief executive officer must provide public access on a Department website to any written instrument waiving fees while it is in effect and for at least 12 months after it ceases (regulation 112). A failure to publish does not affect the validity of the waiver but it creates a transparency requirement that supports external scrutiny.
• Authorised fee officers: The chief executive officer’s designation of authorised fee officers and the terms of any delegation are recorded in writing (regulation 110). Persons acting under a designation are taken to be acting in accordance with it unless the contrary is shown, which establishes an evidentiary presumption for decisions taken by designated staff.

Risks and practical enforcement considerations

• Debt recovery vs criminal prosecution: The Department has a civil recovery route for unpaid costs and charges (regulation 107) and default criminal prosecution under regulation 108. Practically, recovery of dues and repair costs is likely to be pursued as a debt (summary recovery), with prosecution used for conduct‑based breaches (eg false statements reg 23) or repeated non‑compliance.
• Discretion concentration: Many enforcement levers sit with the chief executive officer and officers in charge (eg issuing payment notices, cancelling permits, ordering removals), which centralises discretion and may create case‑by‑case variability in enforcement (regs 6A, 72(4), 67DH, 25(3)). The regulations do not create a wide internal appeal mechanism beyond Ministerial determination for slipway disputes (reg 101B) and standard administrative law remedies remain the external avenue for review.

Statutory context and cross‑references

• Jetties Act 1926: The Regulations operate under the Jetties Act 1926. Licence references within Part 3A and other provisions are defined with reference to the Act (eg regulation 105J: “licence means a licence granted under section 7(1) of the Act”).
• Western Australian Marine Act 1982: Several definitions in the Regulations cross‑reference the Marine Act 1982, including “commercial vessel”, “fishing vessel”, and “recreational vessel/pleasure vessel” (regulation 3(1)). These definitions affect fee categorisation and operational rules.
• Credit Act 1984 and National Credit Code (Commonwealth): The definition of “owner” in regulation 3(1) explicitly references persons purchasing vessels under credit sale contracts and national credit contracts, tying property conceptualisation in the Regulations to credit laws.
• Dangerous goods and explosives legislation: Regulation 20 refers to “dangerous cargo” and cross‑references other jetty regulations “now or hereafter to be in force”; regulation 83 cross‑references the Explosives Act 1895 definition (noting later repeal and replacement history in the notes). Practitioners must treat dangerous goods handling on jetties as involving the overlapping regulatory space of dangerous goods/flammable liquids legislation and codes.
• Standards and industry codes: Pipeline and hose standards in regs 67A and 67B reference British Standards, British Institute of Petroleum Safety Codes, American Petroleum Institute specifications and Association of Australian Port and Marine Authorities rules. The Regulations thus import technical standards maintained external to the statutory instrument, which can change by reference or require interpretation against the latest editions.

Operational interaction with transport and harbour regulation

• Shipping and Pilotage (Mooring Control Areas) Regulations 1983: Schedule clauses (eg Schedule 1 cl 2 and cl 3) explicitly allow amounts paid under the Mooring Control Areas regulations to be treated as payments to the Department for annual use or for transferability of entitlements, so there is a direct operational interface between these regimes.
• Fees and transport charging instruments: The compilation and amendment history shows successive Transport Regulations Amendment instruments and cross‑references (eg “Transport Regulations Amendment (Fees and Charges) Regulations”) indicating fee harmonisation across different transport‑related regulatory instruments. Practitioners should check concurrent fee instruments and commencement provisions (compilation table).

Administrative law and general obligations

• Interpretation Act 1984: The Regulations make an express provision that a written instrument made under the waiver power (regulation 111) is not subsidiary legislation for the purposes of the Interpretation Act 1984 (regulation 111(3)). This affects procedural rights and whether a waiver instrument must comply with tabling or gazettal formalities.
• Civil law: Departmental disclaimers of liability (regs 14, 31-36) sit alongside common law duties and insurance arrangements; the Regulations specify situations in which the Department is not liable for loss, which impacts contractual and tort risk allocation.

Compliance with electrical, workplace safety and environmental laws

• Electrical rules and local electrical authority requirements apply to oil wharves and land terminal electrical equipment (regulation 67B(7) references the Wiring Rules of Standards Australia and local authority requirements). Occupational health and safety duties, environmental protection obligations (eg spill response, pollution control) are not fully stated in the Regulations but the technical and safety obligations for pipelines and fuelling intersect with general workplace safety, maritime safety and environmental protection legislation and codes.

Interactions that affect rights and remedies

• Publication and transparency obligations: Waivers must be published on the Department website (regulation 112), but that requirement does not affect the validity of the waiver (regulation 112(2)). Administrative law remedies (judicial review) remain available for decisions that are unlawful, irrational or procedurally unfair; the Regulations’ express non‑subsidiary status for waiver instruments (regulation 111(3)) narrows certain statutory formality challenges but does not eliminate reviewability.

Practical cross‑compliance points

• Operators involved in fuel storage, pipeline installation or bunkering must coordinate compliance with pipeline licences (reg 67A), hose and pipeline testing, reporting (67B(4)), fuel supplier reporting (reg 11B(3)), and local electrical safety obligations (reg 67B(7)).
• Licence and permit applicants must reconcile the Jetties Regulations fee schedules (Part 3A, Schedule 1 and 3) with any other applicable fee instruments, and check whether amounts already paid under the Mooring Control Areas regulations can be treated as annual payments for short‑term use (Schedule 1 cl 2; Schedule 3 cl 3).

Scope of the compilation

• The compilation table at the end of the instrument lists amendments and commencement dates from the Regulations’ original Gazette publication in 1940 through numerous reprints and amendment instruments to 2025. The Regulations have been actively amended many times to add modern fee structures, safety standards, operational mechanisms and administrative powers.

Key modern reform tranches and dates (selected)

• 2004: Multiple amendments appear in 2004 (eg 24 Aug 2004, 30 Dec 2004) updating technical and operational provisions; earlier reprints and amendments established modern administrative practices (compilation table entries for 2004).
• 2007-2008: Amendments in 2007 and 2008 updated safety and operational rules (eg reg 67DA fuelling restrictions inserted 7 Dec 2007, Gazette 7 Dec 2007 p. 5984; reg 42A charges for vehicular use updated 22 Jun 2007).
• 2014: A notable amendment round in July 2014 (Gazette 25 Jul 2014) introduced multiple updates and renumberings across the instrument (see reg 1 citation change note; many regs amended on that date).
• 2018: Revisions in 2018 (Gazette 25 May 2018) included administrative updates and the addition of Part 1A and other contemporary amendments (see heading inserted: Gazette 25 May 2018 p. 1669).
• 2019: On 31 May 2019 several amendments were made (Gazette 31 May 2019 p. 1755-94); Part 2A was deleted and Manifest Division added (regs 8-9 inserted).
• 2020-2021: SL 2020/96 and SL 2020/128 introduced new licence fee regimes and Burswood Jetty Division (Part 3A regs 105J onwards inserted SL 2020/96 r.5; Division 11 Burswood inserted SL 2020/128 r.6). SL 2021/51 and SL 2021/68 updated Schedule 1 and 3 standard rates and transferability mechanisms (see Schedule 1 cl 1 insertion: SL 2022/48 r. 11; SL 2021/68 r.4).
• 2022-2023: SL 2022/47 inserted Part 5 Waiver and Refund of Fees (regs 109-115) and SL 2022/48 updated licence fees; SL 2023/43 made substantial changes to fee schedules (Schedule 1 Division 2 added extensive site‑specific charge tables) and created the waiver transparency and partial waiver mechanisms (regs 111-114). These changes modernised fee governance and added precise numeric fee entries.
• 2024-2025: SL 2024/56 and SL 2024/93 and SL 2025/64 updated standard rates, fee numbers, Schedule entries and added Port Hedland Spoilbank Marina rates (Schedule 1 cl 28A).

Amendment patterns and legislative intent signals

• Fee modernisation and service jetty regime: Recent amendments (2021‑2025) have moved the instrument towards a structured, place‑by‑place fee schedule with standardised rates (Schedule 1 and Schedule 3) and explicit short‑term service jetty entitlements (Schedule 1 cl 2-4). The pattern shows a legislative intent to standardise charges across the State while retaining site‑specific variations.
• Administrative flexibility and transparency: The 2022 and 2023 amendments (Part 5 regs 109-115; SL 2023/43) introduced formal waiver powers with public transparency obligations (regulation 112), emergency waiver powers (113), and partial waiver rules (113A). These demonstrate a policy shift towards empowering the Department to respond to operational contingencies while imposing a transparency constraint.
• Safety and technical codification: Historical and more recent amendments to regs 67A and 67B show an ongoing process to codify technical standards for pipelines and fuelling, referencing external standards and setting inspection intervals and reporting obligations. These updates reflect risk‑based regulatory layering for operations with environmental and safety hazards.

Practical points for practitioners

• Always consult the compilation table and check commencement clauses: Many amendments have different commencement dates (some regulations commence immediately, others on specified later dates such as 1 July, SL references indicate staged commencements). The compilation table lists each amendment instrument and commencement, which is essential for ascertaining the applicable regime at a given time.
• Fee amounts and technical obligations update regularly: Several numeric fees and rates are statutory in the Schedules and subject to periodic amendment through fee instruments. The Schedule entries and Part 3A fee tables provide the operative numeric amounts (eg Schedule 1 cl 1 Rates; Part 3A regs 105L-105P numeric figures).
• Publication and online source: The Regulations are maintained and reprinted with amendments listed in the compilation table. The current reprint and the Department website should be consulted for the operative version and for waiver publication required under regulation 112.

No cases or litigation are cited in the regulation text or in the compilation table. The instrument itself does not record judicial interpretations or litigation outcomes.

Implications for research

• Because the Regulations do not list cases, practitioners seeking litigation history or judicial interpretation must search court databases and legal reporting services for decisions that cite the Jetties Regulations 1940, the Jetties Act 1926 or specific provisions such as the pipeline or waiver provisions. The Regulations themselves provide procedural time limits and remedies (eg claims time limits reg 36, recovery of expenses reg 107) which are likely to feature in disputes about liability, fee recoveries and the Department’s duty of care.

Potential categories of litigation to review (based on statutory content)

• Fee recovery and debt proceedings: Given the Department’s ability to recover unpaid dues as debts to the Crown (regulation 107), civil proceedings in courts for unpaid charges or repair costs (regulation 87) are a plausible area of litigation.
• Administrative law challenges: Decisions by the chief executive officer or officers (eg cancellation of permits, waiver decisions, allocation of pens, closure orders) may be subject to judicial review on grounds such as illegality, procedural unfairness, or irrationality. The Regulations do not create an internal merits appeal beyond Ministerial determination for slipway disputes (regulation 101B), so judicial review is the likely avenue for contesting administrative decisions.
• Safety, environmental and technical compliance: Pipeline and fuel handling incidents (reg 67A/67B obligations) potentially give rise to regulatory enforcement and civil claims (eg pollution damage, personal injury). Litigation in this domain would involve cross‑references to dangerous goods, environmental protection statutes and civil liability frameworks.
• Contractual and tort claims about cargo: The Regulations disclaim Departmental liability in certain circumstances (regs 14, 31-36) and set claim filing time limits (reg 36). Disputes about loss or damage to cargo, storage, wrong delivery or non‑delivery could appear in civil courts and would require close attention to the contractual allocation of risk vs the Regulations’ disclaimers.

Practical research note

• Practitioners who need litigation precedents should conduct jurisdictional searches in WA tribunals and courts for decisions citing the Jetties Regulations, the Jetties Act or related harbour and maritime legislation and consult Departmental administrative records (waiver instruments, permit files) to identify contested administrative decisions.

Strict timeframes and evidentiary traps

• Manifests and claim deadlines: Inwards manifests must be delivered prior to commencing discharge and any alterations certified within 48 hours (regulation 8). Claims against the Department for inward cargo must be lodged in writing within 4 days of the vessel leaving the port; outward cargo claims within 24 hours (regulation 36). Missing these tight windows can extinguish claims or materially impair recovery prospects.
• Payment notices and fines: Regulation 6A empowers the chief executive officer to issue written notices requiring payment of berthing dues on or before a specified day. Non‑compliance with a notice carries a $500 penalty (regulation 6A(2)). Practitioners often overlook that a payment notice can trigger a separate penalty besides debt recovery.

Liability allocation nuances

• Owner definition and hidden liabilities: “Owner” is defined broadly and includes purchasers under credit sale, hirers, lessees, the person with use under charter, and the person whose name appears on a certificate of survey or registration (regulation 3(1)). This means contractual arrangements (eg hire, charter, conditional sale) may not shield a purported vendor or lessor from statutory liability under regulation 2. Parties should check whether they fall within the definition of “owner” for dues and charges.
• Department disclaimers and custody concepts: Cargo “is not in the custody of the Department” unless the sling is released onto the Department’s conveyance or the vessel’s crane is engaged as specified (regulation 31). Similarly, cargo discharged without written authority is not in the custody of the Department and the Department expressly disclaims responsibility for loss or damage (regulation 14). These provisions affect insurers and consignors when determining who bears risk at specific handover moments.

Calculation and rounding traps

• Rounding and unit fractions: Regulation 3(3) treats fractions of a tonne or cubic metre as whole units for schedule calculations (see reg 25(1a) for storage calculations as well). A practitioner must apply the rounding rules and unit definitions (regulation 3(2)-(3)) to compute dues accurately; otherwise underpayments or disputes can arise.
• Proration rules and Rate 3 exception: Regulation 3(4) sets conversion formulae for annual rates into monthly/weekly equivalents; however, subregulation (5A) states that subregulation (4) does not apply when Rate 3 is the rate charged in Schedule 1 or 3. This is a specific exception that can materially affect short‑term charge calculations on service jetties charged under Rate 3.

Exclusive permits and scope of use

• Burswood Berth 1 exclusivity scope: A Berth 1 permit authorises exclusive use of Berth 1 for commercial passenger vessels during “authorised periods” determined by the chief executive officer (regs 67DF-67DG). However, the Regulations also permit the exclusive operator to use the berth beyond the authorised period when required (reg 67DF(2)(b)). Practitioners must read permit conditions, chief executive officer notices and Schedule 1 item definitions carefully to determine what is exclusive and what is permitted for other users (eg short‑term visitor use under reg 67DI(2)).

Waiver and refund subtleties

• Waiver instrument is not subsidiary legislation: Regulation 111(3) provides that written instruments waiving fees are not subsidiary legislation under the Interpretation Act 1984. This removes some formal tabling or gazettal obligations but also means that waivers are administrative acts that must be disclosed on the Department website for transparency (reg 112). Parties should note that failure to publish does not affect the validity of the waiver (reg 112(2)), but it affects evidence trails for third parties.
• Emergency and partial waivers: Emergency waivers (regulation 113) and partial waivers for unavailable pens (regulation 113A) may be made without a written instrument in specified circumstances; however, regulation 114 clarifies that waivers do not change statutory rights and obligations under the Jetties Act except as specified by the Department on refund (regulation 115). There is room for misunderstanding about whether a waiver changes underlying entitlements; consult the specific waiver instrument or Departmental notice.

Pipeline and fuelling compliance hazards

• Technical standards and tests: Pipeline construction and hose testing require compliance with multiple external standards (regulation 67A(6); reg 67B(3)-(6)). The owner has to keep records and periodically provide reports to the Department (reg 67B(4)). Failure to meet testing intervals or to maintain records can trigger enforcement and removal obligations under reg 67D.
• Fuelling restrictions at service jetties: Regulation 67DA prohibits fuelling vessels from an alongside berth at a service jetty without a licence under the Act s 7(1) or prior written approval of the chief executive officer, with a $500 fine. Operators must ensure they hold appropriate licences or approvals before bunkering operations at service jetties.

Operational pitfalls

• Cargo left on jetties: Goods deposited without authority are at owner’s risk and not deemed to be in Department custody (regulation 14). After six months left on Department premises, the officer in charge may auction goods and apply proceeds to charges (regulation 27). Practitioners must ensure goods are removed on time and consider indemnities for non‑sheltered items to reduce storage charges (regulation 25(2)).
• Claims and risk of lost rights: Strict claim lodgement periods (regulation 36) and Department disclaimers as to delays or wrong delivery (regs 29-30) create exposure. Anyone seeking recovery for damage or loss to cargo must act promptly and use Department forms.

Interplay with other instruments and standards

• External standards referenced carry compliance obligations: References to British Standards, API codes, Association of Australian Port and Marine Authorities rules and Standards Australia wiring rules mean compliance requires staying current with non‑statutory standards (regs 67A(6), 67B(7), 67B(3)(d)). Failure to align to the approved standards could be framed as non‑compliance with the Regulations.

Checklist for vessel owners, masters and operators

1. Pre‑arrival and arrival reporting
   • Immediately upon arrival report to the officer in charge and make arrangements for discharge and receipt of cargo (regulation 4). Do not depart a jetty until dues and charges have been paid (regulation 4).
2. Manifests and documentation
   • Prepare and deliver inwards manifests prior to commencing discharge and certify they are true and complete; provide certified statements of any alterations within 48 hours (regulation 8).
   • Deliver certified outwards manifests prior to vessel clearance (regulation 9).
   • Ensure consignment notes, waybills and any declaration are accurate; false statements are an offence (regulation 23).
3. Permits and licences
   • Obtain written permission before mooring alongside public jetties or buoys (regulation 71). Apply for permits under regulation 71/73 where required and pay permit charges as set out in Schedule 3 (regulation 72).
   • For private jetties, ramps or business licences consult Part 3A (regs 105J-105P) and pay the relevant new/replacement/amended/annual licence fees (regulation 105K; regs 105L-105P specify amounts).
   • For construction, installation or major repairs to fuel pipelines submit proposals and obtain a licence from the Minister or chief executive officer before commencing works (regulation 67A(3)-(4)).
4. Pay dues and manage notices
   • Calculate dues and charges using Schedule rules and regulation 3 rounding and proration rules; pay wharfage, handling, haulage and berthing dues as required (regulation 10A; Schedule 1 and 3).
   • Respond to notices under reg 6A or 87(2) by the date specified to avoid penalties and debt recovery. Note the specific $500 fine for non‑payment under reg 6A(2).
5. Safety compliance for hazardous operations
   • For fuels and inflammable liquids ensure hoses and pipelines meet the technical requirements (regulation 67A(6), 67B(3)), test flexible hoses at required intervals and keep registers and report tests to the Department in January and July each year (regulation 67B(4)).
   • Before pumping operations ensure valves/appliances are inspected and competent watchmen and firefighting equipment are available (regulation 67B(2), (15), (17)).
   • Obtain Department approval in writing to pump after sunset and ensure lighting conditions and coupling up are done in daylight as required (regulation 67B(25)).
6. Cargo handling and storage procedures
   • Obtain written authority before loading cargo onto jetties (regulation 14); follow direction of the officer in charge (regs 15-16). Mark heavy packages and follow packing requirements (regulation 22).
   • Remove cargo within the timeframes stated (regulation 81(b), 25); where storage is required provide an approved indemnity to reduce storage charges by half (regulation 25(2)).
   • Lodge any claims on Department forms within the strict timelines in reg 36 (4 days for inward; 24 hours for outward).
7. Vehicles, livestock and conduct
   • Do not park or leave vehicles on jetties unless expressly authorised for loading/unloading (regulation 41A); if permission granted, note the Department is not responsible for vehicle damage (regulation 41B).
   • Obey reasonable instructions of authorised Department employees (regulation 42); do not remain on jetties during livestock handling without permission (regulation 43).
8. Fuel suppliers and bunkering
   • Suppliers loading bunkers into vessels where inwards wharfage not paid must pay the outwards wharfage in Schedule 2 (regulation 11B(2)) and must compile and forward monthly records of total fuel dispensed within 28 days of month end (regulation 11B(3)).
   • For fuelling at service jetties ensure you hold the statutory licence under the Act s 7(1) or obtain prior written approval from the chief executive officer (regulation 67DA). Fuelling from alongside berth at a service jetty without such authorisation is an offence ($500) under reg 67DA.
9. Use of service jetties and transferability
   • If you have paid an annual amount for short‑term use of a service jetty, note entitlements to use other service jetties for up to an hour in a day and the special limiting rules for Burswood (Schedule 1 cl 2-3; Schedule 3 cl 3).
10. Waivers and refunds
    • Where eligible for a waiver (emergency, partial due to unavailable pens or operational decisions), request a waiver through the Department and check whether an authorised fee officer has delegated authority (regulations 111-113A). Expect public posting of written waiver instruments on the Department website while in effect and for 12 months after (regulation 112). For refunds, consult reg 115 which allows the chief executive officer or authorised fee officer to refund fees in whole or part.
11. Record keeping and inspection readiness
    • Keep evidence of payments, manifests, testing registers for hoses and pipelines, indemnities for storage, permit documents, and any written approvals from the Department. These documents support responses to notices, protect against sanctions, and are likely to be requested during inspections or enforcement actions (regs 11B(3), 67B(4), 25(2), 6A(1)).
12. Seek clarifications early
    • Where allocation of pens, berths or moorings is unsuitable, ask the officer in charge about partial waivers under reg 113A. For disputes about slipway use refer to reg 101B which channels disputes to the Minister; for other administrative decisions consider seeking internal review or judicial review if lawful grounds exist.

Practical checklist for pipeline owners and fuel operations

• Submit full specifications and plans to the Department before commencing construction or installation (reg 67A(3)).
• Ensure materials, welds and joints conform to the referenced standards (reg 67A(6)-(11)).
• Test pipelines on installation to 2 MPa water pressure in sections and maintain records (reg 67A(20); reg 67B(4) and (6)).
• Keep erosion/corrosion protection and cathodic protection where required (reg 67A(16)-(17)).
• Conduct hose tests at intervals not exceeding 6 months under working conditions at at least 125% working pressure, keep registers and report tests biannually (reg 67B(4)).
• Maintain drip trays, ensure venting and clearance and adhere to restricted pumping rates on grade changes (reg 67B(5), (9), (22)).
• Obtain Department approval for night pumping and provide flame‑proof lighting where required (reg 67B(25)).

Where to look for authoritative instruments and updates

• Check the Schedules in the Jetties Regulations for place‑specific rates and the Part 3A tables for licence fee numerics (Schedules 1-3; regs 105L-105P).
• Consult the Department’s website for published waiver instruments, closure notices and updates required by regulation 112 and regulation 67DK.
• Use the Department’s forms (Schedule 4 Form 3 for slipway use) and contact the officer in charge of the relevant region for operational approvals and allocation of pens, berths and moorings (regulation 95A(2), Schedule 4).

This compliance pathway measures practical duties, reporting obligations and payment flows against the principal statutory duties in the Regulations (see regs 2, 4, 6A, 8-9, 10A, 11B, 25, 67A-67B, 105K and Schedules 1-3).