Jetties Regulations 1940

The regulations centre on a handful of foundational concepts that determine entitlements, obligations and costs.

• Liability and actors: "Owner", "master" and "officer" are central. Owners and masters are jointly and severally liable for dues and charges (reg 2). The regulations define owner broadly to capture individuals, corporations, purchasers under credit/lease arrangements, hirers and certificate or registration holders (reg 3(1)). An "officer" is any wharfinger or servant of the Department and is the front‑line decision‑maker on most operational matters (reg 3(1); multiple provisions reference the officer in charge).
• Permit and licence regimes: Mooring/berthing permits are required for use of public jetties in the Port of Perth (regs 71-73), and licences are required under the Jetties Act for pipeline installation and other jetty uses (Part 3A defines licence fee types and obligations; regs 105J-105P set fee amounts). The Burswood Jetty is governed by a bespoke permit regime allowing the Department to grant an exclusive Berth 1 permit (regs 67DD-67DK).
• Fee architecture and charging units: Schedule 1 and Schedule 3 provide concrete rates and multiple charging bases (per metre of vessel/pen, per day, per week, per month, per year, per passenger, per passenger capacity formulas for Barrack/Mends Street in Sch 3 cl 6). The regulations fix standard rates (Schedule 1 cl 1: Rate 1 $8.70 per metre daily; Rate 2 $62.25 casual daily flat; Rate 3 $99.80 per metre annual) and provide prorating rules for periods shorter than a year (reg 3(4) and (5)).
• Operational controls and safety standards: The Department and its officers can require vessels to change berth (reg 5), stop discharging cargo (reg 15), refuse or examine dangerous cargo (regs 20-21), and control pipeline design, testing and pumping practices (regs 67A-67B). The pipeline provisions reference external standards (British Standards, API, Association of Australian Port and Marine Authorities) as benchmarks to be satisfied (reg 67A(6)-(10); reg 67B(3)(d)).
• Liability limitations and custody triggers: Department custody of inward cargo begins only when the sling is released or cargo deposited on the jetty or conveyance provided (reg 31(a)); outward cargo is in vessel custody when the vessel’s crane is in the sling (reg 31(b)). The Department disclaims liability for goods not accepted with authority or for goods left on jetties without proper receipt (regs 14, 32-34).
• Discretionary administrative remedies: The chief executive officer and authorised officers have waiver, refund and amendment authority, including discretion to give notices requiring payment (reg 6A; reg 87(2) for damage costs), and to temporarily close jetties or berths (regs 70; 67DK).
• Enforcement and penalties: Officers may summarily interfere to remove dangers (reg 106), costs incurred by breaches can be recovered as a debt (reg 107), police have a statutory enforcement role (reg 107A), and the default maximum penalty where none is specified is $200 (reg 108). Specific contraventions carry specified fines: e.g., failure to pay berthing dues when required by a notice carries a fine of $500 (reg 6A(2)), and fuelling from an alongside berth at a service jetty without licence or approval is a fine of $500 (reg 67DA).

These concepts structure who acts (owners, masters, officers, chief executive officer, Minister), how fees are set and collected (Schedules and notices), what operational constraints apply (permit, safety, documentation), and the enforcement and relief mechanisms (penalties, waivers, refunds, emergency powers).

The regulations affect several discrete groups. For each, the text prescribes duties, potential costs, or operational constraints.

• Vessel owners and masters: Named as jointly and severally liable for dues and charges (reg 2). They face immediate operational duties: report arrival (reg 4), provide certified manifests (regs 8-9), ensure marking of heavy packages (reg 22), comply with officer directions to move berths (reg 5), pay storage and other charges (reg 25), and in defined circumstances pay wages incurred through ship delays (reg 38A). Owners of vessels may also be required to pay for damage to jetties caused by the vessel or crew (reg 87).
• Suppliers of fuel oil and operators of fuel facilities: The supplier of fuel oil that is bunkered into vessels for their own use must pay outwards wharfage at Schedule 2 rates and compile and forward monthly records of volume dispensed within 28 days of each calendar month (reg 11B(2)-(3); Sch 2 cl 1 sets $/L rates). Fuel pipeline licences attract specific licence fees (reg 105O).
• Licence‑holders and private jetty owners: Part 3A prescribes new, replacement, amended and annual licence fees for private licences, business licences and local government public licences (regs 105J-105P), and sets obligations for payment timing and applicability to local government controlled jetties (reg 105K(1)(b)).
• Businesses operating passenger vessels and tourism operators: Permits for exclusive berth use (reg 73; Division 11 for Burswood regs 67DF-67DG) target commercial passenger vessels. Clause specifics for Barrack/Mends in Schedule 3 cl 6 calculate permit charges by reference to passenger capacity (Sch 3 cl 6(2)).
• Operators of pipelines and owners of installations at jetties: Persons constructing, installing, maintaining or operating pipelines used to transmit petroleum derived liquids must comply with construction standards, testing and inspection regimes, testing frequencies and record obligations (regs 67A and 67B). The Department may require relaying or renewal (reg 67A(5)).
• Local governments: The Part 3A regime is expressly made applicable to jetties under local government control for the purpose of s 5(1)(b) of the Act (reg 105K(1)(b)). Local governments may obtain "local government public licences" that have distinct fee amounts (reg 105P).
• Department officers and the chief executive officer: The text gives them a range of decision rights , allocation and cancellation of permits (regs 72, 73, 67DF-67DG), closure authority (regs 70, 67DK), power to direct precedence for short term access to service jetties (reg 67DC), to waive fees and issue written instruments (regs 111-115), and to require payment and recover costs (regs 6A, 87, 107).
• The public and third parties using public jetties: Regulations restrict behaviour on jetties (regs 44-56, 86), prohibit certain activities (fishing from specified bridges reg 88), and control parking, vehicle movement and live animals on jetties (regs 40-43A). Service jetty entitlements in Schedule 1 and Schedule 3 grant limited short‑term access rights tied to annual payments (Sch 1 cl 2; Sch 3 cl 3).

Who pays: specified fees fall to owners, masters, suppliers (fuel), licensees and permit holders as laid out in the Schedules and the licence fee provisions (Part 3A). Who decides: officers in charge make most operational calls, the chief executive officer controls waivers, permits and certain closures, and the Minister retains cancellation power for permits (reg 73(6); reg 70(b)). Behaviour changes expected: compliance with manifest and marking rules, pre‑clearance for landing cargo (reg 14), payment of fees and acceptance of berth allocation/direction by officers, pipeline owners conforming to detailed technical and record requirements.

This section lists primary, recurring duties and rights imposed on regulated parties under the regulations, with specific references. It focuses on actionable obligations.

Duties (selected, principal):

• Report arrival and remain until dues paid: The master or agent must immediately report arrival to the officer in charge, make arrangements for discharge and receipt of cargo, and must not leave the jetty until dues and charges have been paid in accordance with the regulations (reg 4).
• Manifests and documentation: The master must deliver a certified inwards manifest prior to discharge and submit any alterations within 48 hours; a "Nil" manifest is required if no cargo is discharged (reg 8). Outwards manifests must be delivered prior to clearance (reg 9).
• Payment of dues and charges and notice compliance: Fees, wharfage and handling/haulage charges are payable in respect of goods landed or loaded (reg 10A). The chief executive officer may issue written notices requiring payment of berthing dues, and a person given such a notice must pay on or before the day specified (reg 6A(1)-(2)); penalty specified for failure (reg 6A(2)).
• Obtain authority prior to placing cargo or using jetties: No goods shall be landed or placed on a jetty or appurtenant premises without written authority from the officer in charge; cargo placed without authority is not in Department custody and the Department disclaims responsibility for loss/damage (reg 14).
• Safety obligations for handling dangerous cargo and marking heavy packages: Dangerous cargo cannot be deposited without written consent and appropriate marking (reg 20; reg 22); officers may refuse or examine suspicious parcels (reg 21).
• Pipeline construction, maintenance and operation duties: Owners proposing pipelines must submit full specifications and hold a licence; pipelines and hoses must meet specified standards, be tested at specified frequencies and have records maintained; hoses must be tested at intervals not exceeding six months with records and reports provided in January and July each year (regs 67A and 67B).
• Records and reporting for fuel suppliers: Suppliers who deliver bunker fuel that has not had inwards wharfage paid must pay the outwards wharfage and forward a monthly record of total volume dispensed from each facility within 28 days (reg 11B(2)-(3); Sch 2 cl 1 sets the $/L rates).

Rights and administrative powers:

• Permits and exclusive use: Where available, the Department may grant permits for use or exclusive use of berths; a permit may specify times, conditions and be cancelled for non‑payment or contravention (regs 72-73; Division 11 regs 67DF-67DG for Burswood).
• Waiver and refund powers: The chief executive officer or authorised fee officers may waive fees in whole or in part by written instrument (reg 111). Emergency waivers may be made without written instrument for vessels in urgent need (reg 113). Refunds may also be granted (reg 115). Transparency obligations require the Department to publish waivers and amending instruments on its website while they are in effect and for 12 months thereafter (reg 112).
• Officer decision rights in immediate safety matters: Officers can summarily interfere to obviate or remove danger or annoyance and remove persons causing the same (reg 106). They can stop cargo discharge to prevent a "block" (reg 15).
• Allocation and enforcement of berthing and service jetty entitlements: Annual payments for pens or moorings carry service jetty entitlements (Sch 1 cl 3; Sch 3 cl 4); the chief executive officer may direct short‑term precedence of access to a service jetty in particular circumstances (reg 67DC).
• Recovery rights and administrative sanctions: The Department can recover expenses incurred in remedying breaches as a debt due to the Crown (reg 107). The chief executive officer may give notices requiring payment for damage caused to jetties and recover costs (reg 87(1)-(2)).

Compliance and procedural timings:

• Licence fee timing: New licence fees, replacement fees and amended licence fees are payable at the time the relevant licence is granted; annual licence fees apply from year two and are payable within 30 days after the beginning of the relevant year (reg 105K(3)-(7)).
• Payment of permit charges: A charge for a permit under regulation 71 or 73 must be paid on the date the permit is granted or on such later date as specified in a chief executive officer notice or written agreement (reg 72(2)(a)-(b)).

These duties and rights create a structure where operational control with officers and the chief executive officer is coupled with a detailed schedule of costs and an ability to implement commercial allocations (permits) and safety controls (pipelines and handling).

The regulations contain a mixture of specified monetary penalties, summary enforcement powers and debt recovery mechanisms. Key enforcement provisions and penalty mechanics are as follows.

Specified penalties:

• Failure to pay berthing dues on a notice: A person given a notice requiring berthing dues to be paid must pay on or before the specified day; failure is an offence punishable by a fine of $500 (reg 6A(1)-(2)).
• Fuelling at service jetties: Fuelling a vessel from an alongside berth at a service jetty without the requisite licence or prior written approval of the chief executive officer or delegated officer is an offence with a penalty of $500 (reg 67DA).
• Default maximum for unspecified offences: Where no particular penalty is prescribed by the regulations, the maximum penalty on conviction is $200 (reg 108). Note several offences or permit breaches carry specific delegated penalties (for example, r73(5) specifies up to $200 for contravening permit conditions).
• Pipeline removal/amendment failure: If a licence holder fails to comply with a Minister or chief executive officer direction to remove or amend a pipeline on expiry of licence, they are guilty of an offence (reg 67D); the regulation does not state a quantum in the text provided, but it establishes criminal liability for non‑compliance.

Summary and administrative enforcement:

• Officer's summary interference: Where a breach is attended with danger or annoyance to the public or any person, any officer may summarily interfere to obviate or remove such danger or annoyance or remove the person causing it (reg 106). This gives officers immediate stop/control authority in safety or nuisance scenarios.
• Police enforcement authority: Police officers in uniform are authorised to access any Department jetty or premises at any hour to see enforcement of regulations and may ask reasonable questions of persons thereon; required information must be furnished (reg 107A).
• Recovery of costs and debt recovery: Where a person is required by the regulations to perform an act and does not, the Minister or Department may cause it to be performed and recover the costs as a debt due to the Crown in any competent court (reg 107). Similarly, the Department can recover repair costs for damage caused by a vessel under reg 87; the chief executive officer may give a notice requiring payment (reg 87(2)).
• Forfeiture of turn or cancellation of permits: Vessels failing to arrive for slipway appointments may forfeit their turn (r 98). A permit may be cancelled if payments for the permit are not made as required (reg 72(4)), or where the chief executive officer is satisfied the exclusive operator has contravened permit conditions or safety/order regulations (reg 67DH).

Procedural protections and transparency:

• Waiver and refund processes are structured and subject to publication obligations. The chief executive officer or authorised fee officer may issue written instruments waiving fees (reg 111). Such written waivers and any amending instruments must be accessible on a Department website while in effect and for at least 12 months after they cease (reg 112). Emergency waivers may be given without written instrument for vessels needing urgent repair or in other urgent situations (reg 113).
• Dispute procedure for slipway disputes: If a dispute arises between the owner/master and the Department about slipway matters, it is to be referred to the Minister whose decision is final and binding (reg 101B). That is an administrative finality clause rather than a judicial review pathway within the regulations.

Operational enforcement triggers and limits:

• The Department’s custody and liability hooks are carefully defined to limit Department exposure: custody of inbound cargo is triggered when the sling is released or cargo deposited on Department conveyance (reg 31), and the Department disclaims responsibility for cargo delivered without written authority (reg 14) and for goods left on jetties unless wilful misconduct by an officer is proven (reg 33).

In sum, enforcement under these regulations is a hybrid of summary administrative powers, civil recovery mechanisms and specified monetary penalties. The chief executive officer and officers have broad, immediate powers to manage safety and order; police have authorised access for enforcement; and financial sanctions and debt recovery are the primary economic levers for ensuring compliance with fees and repair obligations.

The regulations explicitly cross‑reference and incorporate aspects of other written laws and standards. The operational effect is that compliance with the regulations frequently requires attention to parallel statutory requirements, third‑party standards, and Commonwealth laws.

Direct statutory cross‑references and their effects:

• Western Australian Marine Act 1982: Terms such as "commercial vessel", "fishing vessel" and "recreational vessel" are defined by reference to that Act (reg 3(1)). This means vessel classification for fee and permit purposes depends on Marine Act definitions and any changes to those definitions affect charging and operational categorisation under the Jetties Regulations.
• Credit Act 1984 and National Credit Code (Commonwealth): The definition of "owner" of a vessel explicitly includes persons purchasing under credit sale contracts (reg 3(1)(c)-(d)). This expands civil liability for dues to purchasers under regulated credit arrangements, so finance arrangements and title vesting affect fee liability.
• Explosives Act 1895 / Dangerous Goods safety framework: Regulation 83 requires permission for landing explosives as defined in the Explosives Act 1895; the compilation notes record the later Dangerous Goods Safety Act 2004 repealing the prior legislation. The practical effect is that handling restricted goods at jetties must conform with the applicable explosives/dangerous goods statutory regime and any licence or permission requirements thereunder (reg 83; reg 20 on dangerous cargo).
• Standards and external industry codes: Pipeline construction and equipment are to comply with British Standards, British Institute of Petroleum Safety Codes, American Petroleum Institute specifications, or other specifications approved by the Department (reg 67A(6)). Flexible hose testing and earthing/bonding refer to the Association of Australian Port and Marine Authorities Rules (reg 67B(3)(d) and (4)). Those standards are not reproduced in the regulations but are incorporated by reference as approval benchmarks; pipeline owners must therefore maintain conformity with external technical standards.
• Interaction with the Jetties Act 1926: Licences and several powers in the regulations sit under the Jetties Act; Part 3A (regs 105J-105P) prescribes licence fees "for the purposes of section 5(1)(b) of the Act" and references licence grants under s 7(1) of the Act (reg 105K; 105J definition of licence). The licence fee structure is therefore an instrument of the primary Act’s delegation.
• Shipping and Pilotage (Mooring Control Areas) Regulations 1983: Several provisions allow inclusion of payments made under those regulations for service jetty entitlements (Sch 1 cl 2(2), Sch 3 cl 3(2)). This links entitlement transferability across related maritime charging instruments.
• Standards Australia and local electrical authority regimes: Electrical equipment associated with oil wharves must comply with Standards Australia wiring rules and the local electrical authority, and inspections are mandated (reg 67B(7)). That ties electrical compliance to state/technical regulatory regimes.

Practical interaction effects:

• Classification and charging: Because vessel classifications (commercial, recreational, fishing) and cargo definitions derive from other statutes, regulated entities must consult those Acts to determine applicable rates and permit obligations (reg 3(1) cross‑references).
• Multi‑regulatory compliance for hazardous operations: Pipeline licence holders and fuel suppliers must manage compliance with the Jetties Regulations’ pipeline technical regime (regs 67A-67B), wharfage and supplier reporting (reg 11B), plus the relevant dangerous goods or explosives Acts. This multiplies administrative and technical compliance obligations.
• Administrative overlaps and delegation: The Department’s chief executive officer and officers exercise powers that are consistent with, and sometimes supplement, primary Act powers (for example, licence grants under the Act and fees prescribed under Part 3A). The regulations expressly apply to local government controlled jetties for the purpose of s 5(1)(b) of the Act (reg 105K(1)(b)), so local governments must observe the fee structures and permit rules prescribed.
• Application of external standards without statutory instrument: The regulations incorporate external technical standards by reference. The practical consequence for operators is the need to obtain, interpret and apply non‑statutory documents (British Standards, API specifications, Australian port authority rules) to demonstrate compliance and satisfy Department approval.

Overall, the regulations are not standalone; regulated parties must align conduct to both the Jetties Regulations and the web of maritime, safety and standards instruments the regulations reference. That includes commercial classification work (Marine Act definitions), credit/title considerations (Credit Act/National Credit Code), and technical and safety standards (API, British Standards, AAPMA rules) in the pipeline regime.

The compilation contains an extensive amendment history set out in the "Compilation table" and side notes. The regulations originated in 1940 and have been subject to iterative amendments and reprints for more than eight decades. Key mechanical features of the amendment history visible in the text:

• Initial and periodic consolidations: The original "Jetties Act Regulations 1940" first published 6 Sep 1940; multiple reprints are recorded (1961, 1974, 1990, 1999, 2005, 2007, 2009, 2013, 2016 as examples) in the compilation table. Each reprint consolidates prior amendments listed in the table.
• Continuous fee and operational updates: The schedules (Schedules 1-3) and numerous provisions were substantially updated across many amendment instruments. Recent amendments recorded include SL 2023/43 (Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2023) with commencement 1 Jul 2023; SL 2024/56 (Jetties Amendment Regulations 2024) with r. 1 and 2 commencing 1 May 2024 and the remainder on 1 Jul 2024; and other 2024 and 2025 fee updates (SL 2024/93, SL 2025/64) adjusting fees and some clause content.
• Modern policy insertions: New Part 1A and Part 3A and Division 11 for Burswood Jetty are recent structural insertions reflecting contemporary policy needs. For example, Part 1A heading inserted by Gazette 25 May 2018; Part 3A (Licence fees) was inserted by SL 2020/96 (26 Jun 2020); Division 11 (Burswood Jetty) was inserted under SL 2020/128 (31 Jul 2020). These additions show policy shifts to formalise licensing fees and bespoke berth allocation at Burswood.
• Fee schedules updated frequently: Schedule 1 and Schedule 3 standard rates and place‑specific charges have been amended as recently as SL 2025/64 (Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2025), with multiple amendments to specific place tables and standard rates (Schedule 1 cl 1). Sch 2 (fuel wharfage) was added by SL 2022/48 and then amended SL 2023/43, SL 2024/56 and SL 2025/64.
• Administrative modernisation: Waiver and refund provisions (Part 5 regs 109-115) were inserted by SL 2022/47 (Transport Regulations Amendment (Waiver and Refund) Regulations 2022) effective from 9 April 2022, introducing authorised fee officers, written instruments for waivers, public access requirements (reg 112), emergency waivers (reg 113) and partial waivers for unavailable pens/berths (reg 113A inserted SL 2023/43).
• Deletions and renumbering: The compilation notes many deletions, disallowances and renumberings (e.g., reg 10 disallowed 1940; several regs deleted in 1972; renumbering of reg 11A to 11B in the 1974 reprint; numerous small deletions across the years). The cumulative effect is that the current text reflects successive editorial and policy changes.

Because the compilation table lists every amendment instrument by citation, publication and commencement date, users requiring precise temporal provenance for a specific provision should consult the compilation table entries for the provision’s amendment and commence dates (Compilation table). The legislative history shows repeated fee and structural adjustments, regular modernisations (licence fee framework, waiver/refund transparency), and the insertion of targeted local provisions (Burswood Jetty).

The regulations and compilation provided do not include any case citations or judicial decisions. The text contains an internal administrative dispute mechanism for slipway disputes (reg 101B) , disputes referred to the Minister whose decision is final and binding , but it does not record court litigation or appellate decisions. There are no named cases, reported judicial interpretations or litigation summaries in the instrument itself.

Practical implication for practitioners: the regulations provide administrative finality for certain disputes (reg 101B), and enforcement uses fines and debt recovery, which may generate litigation in superior courts (e.g., debt recovery actions under reg 107), but the instrument does not document any judicial history. If judicial interpretation is required for regulation terms, users must search court databases and law reports outside the regulations to identify any cases that have engaged these provisions; none are referenced in the present compilation.

This section highlights specific provisions and operational traps that are easy to overlook or that create non‑obvious compliance consequences, with precise references.

• Broad definition of "owner" and joint liability: The definition of owner in reg 3(1) includes purchasers under credit sale contracts, hirers, lessees and the person in whose name a vessel is registered. That means financing/lease structures do not necessarily shield financiers or titleholders from liability for dues and charges (reg 2 and reg 3(1)(a)-(f)). Vessel owners and financiers should confirm which party is the legal "owner" for liability purposes.
• Custody and Department liability hinges on specific mechanical triggers: Department custody of inward cargo commences only when the sling is released or cargo deposited onto Department conveyance (reg 31(a)). Goods landed without written authority are expressly not in Department custody and Department liability is disclaimed (reg 14). Practitioners and insurers must track the precise moment custody passes.
• Prorating and Rate 3 exception: Reg 3(4) sets formulas for converting annual rates to monthly and weekly rates, but subregulation (5A) states that subregulation (4) does not apply when Rate 3 is charged in Schedule 1 or 3. That creates a divergent proration practice depending on which rate is used; clients paying or charging for short periods should verify whether Rate 3 applies and consult reg 3(4)-(5A).
• Rounding rules and fractional measurements affect billing: For storage charges, fractions of a tonne/cubic metre/kilolitre count as a full unit (reg 25(1a)). Vessel length for charges is rounded down to the nearest whole metre (reg 3(3)(b)), which can have opposite effects depending on charging basis; be careful which rounding rule governs which charge.
• Officer discretion on pen allocation and berthing: Officers can allocate pens and require movement (reg 5; reg 6A allows notices to require payment of berthing dues). The Department can require vessels to change berth after discharge (reg 5) and may cancel permits where payments are not made (reg 72(4)). Operational flexibility can cause unexpected costs or displacement.
• Burswood bespoke rules and exclusive permit: The Burswood Jetty Division (regs 67DD-67DK) sets an exclusive Berth 1 permit regime with a significant specified annual amount in Schedule 1 cl 10(2)(item 1) of $17,608.35. Exclusive operators face strict conditions, cancellation powers (reg 67DH), and limited use rules for others (reg 67DF-67DI). Operators relying on ad hoc use must check Burswood's bespoke constraints.
• Pipeline technical and testing obligations are detailed and recurring: Pipeline owners must submit certificates every three years for underground pipelines (reg 67B(1)), test hoses every six months and provide records in January and July (reg 67B(4)), perform pressure tests on installation (reg 67A(20)), and patrol pipelines during pumping (reg 67B(10)). Non‑compliance is an offence (reg 67D). The calendar, recordkeeping, and testing regimen are substantial ongoing costs.
• Fuel supplier reporting and wharfage liability: Suppliers who deliver bunkers without inwards wharfage paid must pay outwards wharfage and provide a monthly report within 28 days (reg 11B(2)-(3); Sch 2 cl 1). Suppliers operating multiple facilities must implement monthly volume reporting systems and factor wharfage into pricing or contractual terms.
• Waiver, refund and transparency mechanics: The chief executive officer may waive fees by written instrument (reg 111). Such waivers, and their amending instruments, must be published on the Department website while in effect and for 12 months thereafter (reg 112). Emergency waivers can be granted without written instrument (reg 113). Operators relying on informal verbal assurances should seek written instruments or check the Department’s website for published waivers.
• Default penalty levels are small relative to operational costs, but specific fines exist: Where no penalty is prescribed, the cap is $200 (reg 108). However, specific offences can attract $500 (reg 6A(2), reg 67DA). For damage recovery and debt enforcement, the Department may recover actual costs as a debt (reg 107), which can substantially exceed statutory fines.
• Interaction with external standards not self‑executing: The pipeline provisions require compliance with external technical standards "or other specifications approved by the Department" (reg 67A(6)). Operators must obtain the relevant standard texts and obtain Department approval where departures are proposed; assuming compliance because a procedure "seems safe" is insufficient.

These concrete items are practical risk points: contractual arrangements should allocate fee responsibility clearly given the broad "owner" definition; insurers and cargo handlers must note custody triggers; pipeline operators must budget for recurrent testing and recordkeeping; fuel suppliers need monthly reporting systems; and operators should seek written waivers and permits rather than rely on verbal undertakings.

Actionable checklist and compliance steps for each major regulated actor, grounded in the regulations. This is a practical step‑by‑step approach.

For vessel owners and masters

1. Confirm status as "owner" under reg 3(1): check whether a credit sale, hire/lease or registration means you are the "owner" for joint liability purposes (reg 2; reg 3(1)(c)-(f)).
2. Report arrival and do not depart until dues paid: immediately report arrival to the officer in charge and ensure dues/charges are paid per reg 4.
3. Prepare and deliver manifests and amendments: submit certified inwards manifest prior to discharge and outwards manifest prior to clearance (regs 8-9). Keep a certified "Nil" manifest ready if no cargo moved.
4. Obtain written authority before placing cargo on jetties: get the officer’s written authority for cargo landings (reg 14). Train crew and agents to secure documentation.
5. Mark heavy packages and provide weight particulars: ensure packages over 1 t are labelled with gross weight in tonnes with at least 25 mm height characters or arrange a competent person to provide estimated weights where labelling impractical (reg 22).
6. Anticipate additional charges: plan for overtime costs (reg 38), extra handling for unprotected packaging (reg 35), and wages incurred by Department because of delays (reg 38A).
7. Pay berthing and other dues timely; respond to notices: if a written notice under reg 6A is issued, pay by the date specified to avoid the $500 fine (reg 6A(2)).
8. Where bunkering occurs: check whether inwards wharfage has been paid; if not, the supplier is liable but the vessel should ensure supplier compliance and records (reg 11B).

For licence holders, fuel pipeline owners and facility operators

1. Apply for required licences before construction/installation: submit full specifications for pipelines and obtain a licence under the Act and regs 67A(3).
2. Meet construction and materials standards: build to standards referenced in reg 67A(6) and use welded joints where practicable (reg 67A(7)).
3. Maintain testing schedules and records: perform pressure tests on installation (reg 67A(20)); inspect underground pipelines every three years with a certificate to the Department (reg 67B(1)); test flexible hoses under working conditions every six months and maintain registers; supply hose test reports in January and July (reg 67B(4)).
4. Operate to pumping restrictions: limit velocities and follow slow‑start rules on grade changes (reg 67B(9)); provide sufficient approved fire‑fighting equipment and watchmen (reg 67B(15)-(17)).
5. Keep documentation ready for Department inspection: hose tests, pipeline certificates, and records must be available on request (reg 67B(4), (6), (8)).

For private jetty owners and licence applicants

1. Determine correct licence class and fee: use definitions in 105J-105P to determine whether the licence is a private licence, business licence, or local government public licence and pay the prescribed new/replacement/amended/annual fees in regs 105L-105P.
2. Pay fees on grant date or as agreed: new or replacement licence fees are payable at grant unless a different date is specified in the chief executive officer’s notice or written agreement (reg 105K(7); reg 72(2)).
3. If modifying the jetty or pipeline, expect amended licence fees: apply for licence amendment and pay the amended licence fee where modification is proposed (reg 105K(5)).

For fuel suppliers and bunkering operations

1. Pay outwards wharfage where inwards wharfage not paid: if fuel is bunkered as vessel stores and inwards wharfage was not paid, suppliers must pay outwards wharfage per Schedule 2 rates (reg 11B(2); Sch 2 cl 1).
2. Report volumes monthly: compile and forward to the Department within 28 days of the end of each calendar month the total volume dispensed from each facility (reg 11B(3)).
3. Ensure pipeline and hose compliance: suppliers using shore pipelines must ensure hoses meet reg 67B testing and marking rules (reg 67B(3)-(6)).

Operational and administrative housekeeping for all affected parties

1. Implement manifest, marking and documentation workflows: train agents and masters to produce certified manifests and outward cargo advice notes; implement marking protocols for heavy packages (regs 8, 9, 18, 22).
2. Set up payment and billing systems compatible with Schedules: map the Schedule items to internal invoicing,note the different bases (per metre, per passenger, per tonne, per cubic metre, daily/weekly/monthly/annual), rounding rules (reg 3(3)(b); reg 25(1a)), and proration rules (reg 3(4)-(5A)).
3. Maintain records of waivers, refunds and communications: check the Department website for any published waivers (reg 112). If seeking a waiver, lodge written instrument requests via the chief executive or an authorised fee officer (reg 111).
4. Build testing and inspection calendars for pipeline/fuel operations: comply with six‑monthly hose testing, three‑year underground pipeline checks, pressure tests, electrical inspections and bonding/earthing tests (regs 67A-67B).
5. Seek written approvals for exceptions: obtain written permission for cargo remaining overnight (reg 82), for fireworks/explosives (reg 83), for vehicle movement/parking on jetties (reg 41A), and for special construction or use (reg 67A(3)).
6. Ensure insurance and indemnities align with Department disclaimers: because the Department disclaims liability in several contexts (regs 14, 31, 32-36), operators should secure appropriate insurance and where relevant provide indemnities to the Department to obtain reduced storage charges (reg 25(2)).

Recordkeeping and audit readiness

• Keep registers of manifests, hose testing, pipeline inspections, fuel supply monthly reports, licences and permits, waiver instruments and notices for damages or fees (regs 8-9; 67B(4); 11B(3); reg 111-112).
• Retain indemnity documentation where storage charge reductions are sought (reg 25(2)).

If a dispute arises

• For slipway disputes, prepare to refer to the Minister; the Minister’s decision is final under reg 101B. For debts and recovery, be prepared for civil recovery actions under reg 107 in courts of competent jurisdiction.

This compliance roadmap is anchored in the specific regulatory provisions cited above. Practitioners should implement systems to align port operations, supply chains, recordkeeping and testing with the technical and administrative obligations found throughout the Jetties Regulations 1940.