Sch 6Provisions for Pilbara Ports Authority

Schedule 6 — Provisions for Pilbara Ports Authority [s. 132] [Heading amended: No. 9 of 2014 s. 34(1).] Division 1 — Port of Dampier [Heading amended: No. 9 of 2014 s. 34(2).] 1.1. Application of Division This Division applies to the Pilbara Ports Authority and the Port of Dampier. [Clause 1.1 amended: No. 9 of 2014 s. 34(3).] 1.2. Terms used Company has the meaning given by the Iron Ore (Hamersley Range) Agreement; Dampier Solar Salt Industry Agreement means the agreement a copy of which is set forth in the First Schedule to the *Dampier Solar Salt Industry Agreement Act 1967*, as that agreement is amended from time to time; Iron Ore (Hamersley Range) Agreement means the agreement a copy of which is set forth in the First Schedule to the *Iron Ore (Hamersley Range) Agreement Act 1963*, as that agreement is amended from time to time; Joint Venturers has the meaning given by the North West Gas Development (Woodside) Agreement; North West Gas Development (Woodside) Agreement means the agreement a copy of which is set forth in the Schedule to the *North West Gas Development (Woodside) Agreement Act 1979*, as that agreement is amended from time to time; Salt Company means the Company within the meaning of the Dampier Solar Salt Industry Agreement. [Clause 1.2 amended: No. 9 of 2014 s. 33(1).] 1.3. Act does not affect State agreements This Act does not prejudice or in any way affect — (a) any right or obligation of a party to the Dampier Solar Salt Industry Agreement; or (b) any right or obligation of a party to the Iron Ore (Hamersley Range) Agreement; or (c) any right or obligation of a party to the North West Gas Development (Woodside) Agreement. [**1.4-1.7.** Deleted: No. 9 of 2014 s. 33(2).] 1.8. Some property excepted from s. 26(1) Except with the consent of the port authority, an order is not to be made under section 26(1) in respect of any real or personal property — (a) which is a facility improved or expanded, or an additional facility provided, under an agreement with the port authority, the capital cost of which improvement or expansion or provision has been wholly met by payments made under that agreement; or (b) which has been vested free of cost in the port authority; or (c) which has been acquired or constructed by the port authority with moneys provided, by the Company, the Salt Company or the Joint Venturers or any 2 or all 3 of them. 1.9. Recovery of costs from users, functions include The functions of the port authority include recovering as far as possible, the cost of the facilities and services provided by the port authority from the users of those facilities and services. 1.10. Companies, Joint Venturers and Salt Company, duties of (1) Despite anything in section 30 — (a) the Company, for its own requirements under the Iron Ore (Hamersley Range) Agreement; and (b) the Salt Company, for its own requirements under the Dampier Solar Salt Industry Agreement; and (c) the Joint Venturers, for their own requirements under the North West Gas Development (Woodside) Agreement, are to maintain and keep in repair and proper working order all necessary dredged channels, berthing basins and navigational aids required and used by the Company, the Salt Company or the Joint Venturers, as the case requires. (2) Despite anything in section 30, the port authority may from time to time direct the Salt Company, the Company or the Joint Venturers or any 2 or all 3 of them — (a) to provide, maintain and keep in repair and proper working order all dredged channels, berthing basins and navigational aids required and used by it or them in its or their operations under the Dampier Solar Salt Industry Agreement, the Iron Ore (Hamersley Range) Agreement or the North West Gas Development (Woodside) Agreement, as the case requires; and (b) for the purpose of determining whether or not any dredged channels, berthing basins and navigational aids referred to in paragraph (a) are being maintained and kept in repair and proper working order, to provide the port authority at its or their cost with such information, reports and hydrographic surveys as are specified in that direction. (3) The Salt Company, the Company or the Joint Venturers must, without delay, comply with any direction given to it or them, as the case requires, by the port authority under subclause (2). (4) If the Salt Company, the Company or the Joint Venturers does not or do not comply with — (a) subclause (1), the port authority is to cause the requisite works to be undertaken and the cost of those works is to be borne by the person which has not complied with that subclause; or (b) a direction given under subclause (2), the port authority is to cause — (i) the requisite work to be undertaken; or (ii) the requisite information, reports or hydrographic surveys to be provided, and the cost of those works or the cost of that provision be borne by the person which has not complied with that direction. 1.11. Pilotage services, agreements with Companies etc. as to Having entered into a contract or other arrangement with the port authority under section 35(2) for the provision of pilotage services — (a) the Company may for its own requirements under the Iron Ore (Hamersley Range) Agreement; or (b) the Salt Company may for its own requirements under the Dampier Solar Salt Industry Agreement; or (c) the Joint Venturers may for their own requirements under the North West Gas Development (Woodside) Agreement, provide its own or their own pilotage services in the port in accordance with that contract or arrangement and section 96(7) does not apply in relation to pilotage services so provided. Division 2 — Port of Port Hedland [Heading amended: No. 9 of 2014 s. 34(4).] 2.1. Application of Division This Division applies to the Pilbara Ports Authority and the Port of Port Hedland. [Clause 2.1 amended: No. 9 of 2014 s. 34(5).] [**2.2.** Deleted: No. 9 of 2014 s. 33(3).] 2.3. Act does not affect State agreements This Act does not prejudice or in any way affect — (a) any right of the persons entitled to them to receive the payments referred to in clause 20(1) of the agreement a copy of which is set forth in the Schedule to the *Leslie Solar Salt Industry Agreement Act 1966*, as that agreement is amended from time to time; (b) any right or obligation of a party to the agreement a copy of which is set forth in the First Schedule to the *Iron Ore (Mount Goldsworthy) Agreement Act 1964*, as that agreement is amended from time to time; (c) any right or obligation of a party to the agreement a copy of which is set forth in the First Schedule to the *Iron Ore (Mount Newman) Agreement Act 1964*, as that agreement is amended from time to time. [**2.4‑2.7.** Deleted: No. 9 of 2014 s. 33(3).] 2.8. Port includes pilotage area for some purposes A reference in Part 7, Divisions 2 and 3 and, where appropriate, in section 122(1) to the port includes a reference to the pilotage area set out below: | The Pilotage Area | | --- | All that area of the sea beyond the boundaries of the Port of Port Hedland that is within a radius of 20 nautical miles, or such greater distance as may be prescribed by regulations, from the Hunt Point Beacon.