What it does
The Port Authorities Act 1999 is the principal statute governing the establishment, operation and powers of port authorities in Western Australia. At its core, the Act constitutes named port authorities as bodies corporate with perpetual succession (s.4(2)) and assigns each responsibility for one or more ports listed in Schedule 1 column 3 or added by regulation under Schedule 9. The authorities are not agents of the Crown for State law purposes (s.5) and are excluded from the public sector under the Public Sector Management Act 1994 (s.6).
The substantive heart of the statute is contained in Part 4. Section 30(1) enumerates the primary functions: to facilitate trade within and through the port and plan for growth; to undertake or arrange activities encouraging trade and commerce for the economic benefit of the State; to control business and other activities in the port; to be responsible for safe and efficient operation; to maintain port property; to be responsible for port security; and to protect the port environment while minimising the impact of operations. These are supplemented by incidental functions (s.30(2)) including exploitation of fixed assets for profit provided core functions are not impaired, and any functions authorised by other written laws. A port authority may perform its functions anywhere in the State or elsewhere (s.30(3)).
Section 32 grants exclusive control of the port (subject to Ministerial directions under the Government Trading Enterprises Act 2023 Part 7 Division 4). Section 35(1) confers all powers necessary to perform these functions. The non-exhaustive list in s.35(2) includes acquiring and dealing with property (subject to Part 3), carrying out or arranging port works, providing or arranging port facilities and services, entering contracts, applying for licences, operating undertakings, producing equipment, appointing agents, participating in business arrangements (defined in s.35(9)), conducting research, developing intellectual property, issuing licences under regulations, and promoting the port. Port activities, port services and port works receive detailed definitions in s.35(9). A port authority must obtain Ministerial approval before issuing an exclusive licence for port services of a particular kind, and the Minister must be satisfied that public benefits exceed public costs and table reasons in Parliament (s.35(4)–(5)). Contracts or licence dealings cannot impose obligations on employment methods beyond legality (s.35(6)).