34GOVERNMENT GAZETTE, WA 5 January 2021

34 GOVERNMENT GAZETTE, WA 5 January 2021 (2) The local government may require an application for consent made under subclause (1) to be accompanied by a fee. (3) If an application for consent is not made in the manner required by the local government or the fee which is to accompany that application is not paid, the local government may refuse to consider the application for consent. (4) The local government shall give its decision on an application for consent, in writing to the person who applied for that consent. (5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local government under and in accordance with sections 6.16 to 6.19 of the Act inclusive. 6.15 When use of jetty is prohibited A person shall not land at, use or go on any part of a jetty which is— (a) under construction or repair; or (b) closed, unless that person has first obtained the consent of the local government. 6.16 Method of berthing boat A person in control of a boat shall not berth or make fast the boat to a jetty, or to any part of the jetty, except to such berthing piles, ring bolts or other fastenings as are provided. 6.17 When boat may remain berthed A person in control of a boat shall not berth or make fast the boat to a jetty unless— (a) the boat is in distress and then only to effect the minimum repairs necessary to enable the boat to be moved elsewhere; (b) the embarking or disembarking of passengers is in progress, and then not for a consecutive period exceeding 2 hours without the prior consent of the local government; (c) the loading or discharging of cargo or other goods is in progress in accordance with this Division; (d) where the boat is used at that time for commercial purposes, the person has first paid the fee (if any) for such berthing or making fast to the local government; or (e) to facilitate sea trials for newly launched vessels for a period as specified and approved by an 6.18 Authorised person may order removal of boat Notwithstanding anything to the contrary in this Part, a person in control of a boat berthed or fastened to or alongside a jetty shall remove it immediately upon being directed to do so by an 6.19 Restrictions on launching A person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has first obtained the consent of the local government. 6.20 Loading and discharging A person in control of a boat shall not allow the boat to come alongside or be berthed or made fast to a jetty for the purpose of loading or discharging cargo or other goods— (a) until the cargo or other goods are ready to be loaded or discharged; or (b) without the consent of the local government— (i) between the hours of 6.00pm to 6.00am on the next day; or (ii) for longer than 2 consecutive hours. 6.21 Outgoing cargo not to be stored on jetty A person in control of cargo or other goods intended for loading on to a boat shall— (a) not allow them to be stored or placed on a jetty unless and until the boat is berthed or fastened to or alongside the jetty; and (b) load them on to the boat as soon as practicable after the boat is berthed or fastened to or alongside the jetty. 6.22 Removal of incoming cargo from jetty Any person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them to be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which they were placed there. 6.23 Authorised person may direct removal An authorised person may direct a person who, in the opinion of the authorised person, is in charge of cargo or other goods which remain on a jetty contrary to any provision of this Division to remove them from the jetty. 6.24 Handling of bulk cargo Except with the prior consent of the local government, a person shall not place or deposit bulk cargo from a vehicle, boat or container on to a jetty.