Port Authorities Regulations 2001

Several structural concepts organise how the regulations operate:

• Port authority and harbour master as decision‑makers. The port authority (defined r. 3) controls policy levers such as fees and licence conditions, while the harbour master exercises operational powers: directing vessel movements, detaining vessels and issuing or revoking pilotage certificates or mooring authorisations (see r. 21, r. 31, rr. 57, Sch. 1 cl. 5M, cl. 16, cl. 52). Many duties are framed as directions a harbour master may give (r. 21, r. 76).

• Pilotage and pilotage exemption certificates (PECs). The regulations distinguish pilots approved under s. 96 of the Act and the operation of pilotage provider licences (rr. 23-29), from PECs that allow a master or first mate to move a vessel without a pilot subject to eligibility, tests, conditions and potential revocation (rr. 49-59). Schedule 1 sets out a separate, more detailed PEC and local knowledge regime for Fremantle (Sch. 1 cl. 73-90).

• Licensing of service providers. The instrument requires licences for those providing port services (varying in scope by port), typically towage, bunkering, stevedoring, line boat and mooring services. The typical licence structure in Schedule 1 clauses includes application forms, port authority discretion to issue, annual fees (up to $10,000 per annum in many clauses such as Sch. 1 cl. 5B(3) and cl. 5V(3)), and suspension/cancellation with appeal procedures (see Sch. 1 cl. 5B, cl. 5V, cl. 25, cl. 34, cl. 61, cl. 96).

• Moorings and mooring ownership. Sch. 1 contains detailed mooring regimes for specific ports: authorisation to install/use a mooring, construction/inspection/maintenance requirements, and the harbour master’s power to revoke authorisations and remove moorings (see Sch. 1 cl. 5K-5S, cl. 14-22, cl. 50-58).

• Enforcement and administrative penalties. The regulations set criminal penalties for breaches (ranging from $200 modified penalties to fines up to $12,000 for indictable breaches, e.g. r. 6, r. 9) and provide an infringement notice/modified penalty system for summary enforcement (Part 7 and Schedule 3). They also provide administrative remedies for port authorities: moving and storing abandoned property (r. 88), selling unclaimed goods (r. 66-67) and recovering expenses as a debt in court (r. 21(4), r. 68(4), r. 88(3)).

• Port‑specific overrides. Regulation 121(2) expressly allows Schedule 1 provisions to override inconsistent regulations; the Table at r. 121(3) enumerates regulations that do not apply to specified Pilbara ports. That means compliance duties and risk allocations may differ materially between ports.

The common law and other statutes are imported or preserved in specific places: r. 4A subjecting the regulations to Commonwealth and other written law about assistance animals; r. 3 references to the Navigation Act, Marine Act and Road Traffic (Administration) Act; and references to Marine Order 9 for medical fitness (r. 23(1)(a), r. 50(b)).

The regulations allocate duties, liabilities and approval rights across a defined set of actors. Key affected parties are:

• Masters and owners of vessels. They bear first‑order operational duties: giving arrival notices (r. 4; schedule clauses often extend notice periods, e.g. Sch. 1 cl. 3), maintaining contact with port authorities when in port (r. 5, and port‑specific variants such as Sch. 1 cl. 32, cl. 103), producing certificates on demand (r. 114; Sch. 1 cl. 5E, cl. 39), supervising loading/unloading and continuous operations (r. 62), and complying with harbour master directions (r. 21, r. 76). Owners and masters are jointly and severally liable for expenses reasonably incurred by the harbour master in moving vessels or removing obstructions (r. 21(3); r. 68(3)).

• Pilots and pilotage providers. Pilots require approval under s. 96 and the regulations set eligibility and revalidation standards (r. 23-25). Pilotage services may only be provided under a pilotage provider’s licence issued by the port authority (r. 27-29), creating regulatory obligations for commercial pilot operators and an administrative fee framework (r. 28(1) fee $1,000 and annual payment, r. 28(3)(a)).

• Exempt masters and PEC holders. Individuals holding PECs are regulated tightly: eligibility standards, record‑keeping (r. 59), conditions on certificates (r. 52), expiry, revalidation and appeal routes (rr. 54-58). PEC holders face criminal penalties for non‑compliance with endorsement conditions (r. 52(4)).

• Service providers in ports. Those offering towage, bunkering, stevedoring, line boat, mooring and related services must hold service provider licences in many ports (see Sch. 1 clauses across ports such as cl. 5B, cl. 25, cl. 34, cl. 61, cl. 64F, cl. 96). Licences carry application fees, annual fees (up to $10,000), conditions and suspension/cancellation processes.

• Mooring owners and recreational/private vessel operators. Where mooring regimes apply (Sch. 1), the owner of a mooring must secure harbour master authorisation, comply with mooring handbook requirements, procure inspection reports and maintain moorings and buoys (see Sch. 1 cl. 5K-5Q, cl. 14-21, cl. 49-56).

• Port users and the public. The regulations govern public conduct in ports: swimming, fishing, camping, launching boats, driving vehicles on wharves, and disorderly conduct (Part 5, Part 6). Individuals and businesses accessing port facilities need to observe signage, obtain authorisations and may be subject to removal or penalties (r. 76, r. 115).

• Port authorities and authorised staff. Port authorities exercise licensing discretion, set fees within prescribed maxima, erect signage and designate controlled areas, and enforce compliance through authorised staff with powers to give directions, remove persons and detain property or vessels (r. 121; r. 76; r. 115).

• Collectors of port charges and the Treasurer. Collectors may board vessels to determine charges (r. 10). Port authorities may sell unclaimed goods and, if proceeds are unclaimed within 30 days, pay surplus to the Treasurer to be credited to the Consolidated Account (rr. 66-67; compilation notes confirm account references).

Who pays and who decides: port authorities decide authorisations and licence conditions (r. 28, Sch. 1 clauses), harbour masters exercise operational directions (r. 21, r. 31), and vessel owners/masters and service providers pay application/annual fees, port charges and any expenses the harbour master reasonably incurs in securing compliance (r. 21(3), r. 28(3)(a), Sch. 1 cl. 5B(3)).

Duties are allocated to achieve navigational safety, port efficiency and administrative control; rights are mainly procedural (appeals, revalidation) or economic (entitlement to sale proceeds if claimed).

Major duties:

• Arrival and communication duties: Masters must notify the harbour master of estimated time of arrival (r. 4) and, except for private vessels and certain fishing vessels, maintain radio or approved communications with the port authority while in port (r. 5). Schedule 1 frequently imposes longer or additional notice obligations (for example Sch. 1 cl. 3 requires 48, 24 and 2 hour notices for some ports).

• Safety duties: Masters must not exceed the vessel’s maximum safe speed in a port (r. 6; penalty $12,000), must raise alarms and notify harbour master on discovering a fire (r. 7), and must not operate a propeller while the vessel is moored unless authorised (r. 8; penalty $5,000). The master must ensure ballast is discharged only in accordance with the harbour master’s directions (r. 18).

• Port charges and financial duties: Port charges must be paid before a vessel departs unless a port authority has a written agreement or guarantee for later payment; unpaid charges can lead to detention of the vessel (r. 11). Collectors of port charges may board vessels to determine charges (r. 10).

• Compliance with harbour master and authorised staff directions: Persons in ports must obey reasonable directions from authorised staff (r. 76), and harbour masters have broad powers to moor, unmoor or move vessels and to require assistance from masters and crew (r. 21). Failure to comply with such directions is an offence (penalties vary; r. 21(2) penalty $5,000).

• Licensing and authorisation duties: Providers of pilotage services and many port services must hold appropriate licences (rr. 27-29; Sch. 1 cl. 5B, cl. 25, cl. 34, cl. 61, cl. 96). Mooring owners must seek authorisation to install or use moorings, obtain inspection reports and maintain moorings per harbour master specifications (Sch. 1 cl. 5K-5Q, cl. 14-21, cl. 49-56).

• Record keeping and reporting: Exempt masters must maintain written records of PEC use verified by the harbour master (r. 59). Masters must provide details of cargo before unloading and of cargo and fuel before departure (rr. 60-61). Mooring inspection reports must be provided within specified timeframes (Sch. 1 cl. 5Q(4) etc).

Rights and procedural protections:

• Appeal rights against suspension or revocation of PECs: Regulation 58 provides a 30‑day appeal window to the port authority, with the port authority required to determine appeals within 21 days and to issue written notices (r. 58(1)-(5)). Pilotage provider licences must set out appeal procedures for suspension or cancellation by the port authority (r. 29(2)) and service provider licences and excavation licences must similarly set out appeal processes (Sch.1 cl. 5B(5), cl. 5V(5), cl. 96(5), cl. 98(8)).

• Recovery and debt processes: Port authorities may recover expenses and unpaid port charges in a court of competent jurisdiction as a debt (r. 21(4); r. 68(4); r. 88(3)). The regulations thus combine criminal fines with civil recovery processes.

• Limited statutory caps on port authority liabilities and fees: Regulation 118 prescribes a 20% cap of written down value of consolidated fixed assets as the prescribed amount of liability for the port authority under s. 40(3)(c) of the Act. Several licence application/annual fee maxima are prescribed in Schedule 1 clauses (annual fees “not more than $10,000” in many clauses, e.g. Sch. 1 cl. 5B(3)(a)).

Operational constraints and delegation:

• Harbour master discretion is high: in directing exemptions (r. 31), requiring second pilots (r. 38), imposing conditions on pilot approvals (r. 24), and revoking mooring authorisations (Sch. 1 cl. 5N). Port authorities set forms and fees and may publish compulsory pilotage areas in the Gazette (Sch. 1 cl. 86).

• Port specificity: The Schedule creates different duty thresholds and technical standards across ports (for example different PEC eligibility windows, radio channels to monitor, mooring standards and buoys dimensions; see Sch. 1 cl. 37, cl. 19, cl. 77-81).

The regulatory framework uses three enforcement channels: (1) criminal penalties, (2) infringement/modified penalty notices, and (3) administrative and civil remedies including detention, removal and debt recovery.

Criminal and regulatory penalties:

• The regulations set maximum fines for specific breaches. Examples include: r. 6 (moving a vessel above safe speed) penalty $12,000; r. 9 (failure to notify harbour master of a dangerous thing) penalty $12,000; r. 8 (operating a propeller while moored without authorisation) penalty $5,000; r. 16 (failure to maintain a person on watch on a vessel >500 GRT) penalty $2,000. Schedule 1 adds port‑specific fines (e.g. Sch. 1 cl. 5X(2) for failure to report damage: $12,000).

• Many lower‑gravity breaches are captured by the infringement notice regime (Part 7 and Schedule 3). Schedule 3 lists prescribed offences with prescribed modified penalties (for example regulation 13(2) failing to comply with a direction to leave a wharf is $200; many public conduct offences and parking/traffic breaches carry modest modified penalties).

Enforcement powers:

• Authorised officers and port staff: Regulation 115 allows authorised officers (police or authorised members of staff) to require offenders to give name and address, direct them to leave, and to cause removal from port facilities. A police officer may arrest an offender without a warrant (r. 115(4)). Regulation 76 grants broad power to authorised staff to issue reasonable directions; failure to obey is an offence.

• Harbour master operational powers: The harbour master can moor, unmoor or move vessels and require the master and crew to assist (r. 21(1)). Where the harbour master hires personnel or equipment to do this, the owner and master are jointly and severally liable for reasonable expenses (r. 21(3)), and the port authority may recover those expenses as a debt (r. 21(4)).

• Property and vessel actions: Port authorities may detain vessels until port charges are paid (r. 11). They may move and store abandoned property and sell it after statutory notice periods (r. 88). They may sell unclaimed goods after notice (r. 66) and apply proceeds to expenses and port charges, with surplus paid to the Treasurer if unclaimed within 30 days (r. 67(2)).

Licences and administrative penalties:

• Suspension and cancellation provisions obligate licence holders to return licences and provide appeal procedures. For pilotage provider licences the port authority may suspend or cancel on breach of conditions (r. 29(1)), and the licence must contain appeal procedures (r. 29(2)). Service provider and excavation licences in Schedule 1 contain equivalent mechanisms (see Sch. 1 cl. 5B(4)-(8), cl. 96(4)-(7), cl. 98(7)-(10)).

Monetary and interest consequences:

• Overdue amounts to port authorities attract interest prescribed at 3% above the Commonwealth Bank Overdraft Index Rate for amounts outstanding (r. 119, inserted SL 2026/17). Port authorities may recover costs of removal or other reasonable expenses as debts (r. 21(4), r. 68(4), r. 88(3)).

Procedural safeguards:

• Appeals and review: PEC holders may appeal harbour master decisions to the port authority under r. 58; licence holders have to be provided appeal procedures in the licence instrument (r. 29(2), various Schedule 1 clauses). The port authority must determine PEC appeals within 21 days (r. 58(4)).

• Record‑keeping for enforcement: PEC use must be recorded (r. 59) and masters must provide cargo documentation prior to unloading/loading (rr. 60-61), which supports enforcement and revenue collection.

Enforcement trade‑offs: The regime mixes criminal deterrence for safety and serious non‑compliance with administrative/civil measures to secure port operations and revenues. The port authority’s ability to recover expenses as debts and to detain vessels until charges are paid gives it direct financial enforcement tools beyond prosecuting offences.

The regulations are drafted to operate alongside and in some cases reference Commonwealth and State statutes and subordinate instruments. The text makes the following cross‑legal linkages explicit:

• Navigation Act and Marine Orders. The regulations incorporate qualifications and medical fitness standards under the Commonwealth Navigation Act 2012 and Marine Order 9 (Medical fitness). Regulation 23(1)(a) requires evidence satisfying the harbour master of compliance with Marine Order 9 and r. 49(2) and r. 50(b) require PEC applicants to meet the Marine Order 9 medical fitness requirements, given effect by the Navigation Act (see r. 3 definitions and rr. 23, 49, 50).

• Marine Act and state maritime law. The term passenger vessel refers to the Marine Act definition (r. 22). Clause cross‑references and historic persistence of the Marine Act indicate that port safety duties interact with state maritime regulation.

• Dangerous Goods and other safety regimes. Schedule 1 cl. 1A defines “dangerous goods” with reference to the Dangerous Goods Safety Act 2004 for port‑specific dangerous cargo notice requirements (see multiple Sch. 1 clauses requiring notification of explosives or dangerous goods such as Sch. 1 cl. 3A, cl. 8, cl. 31A, cl. 36A).

• Disability Discrimination Act (Commonwealth). Regulation 4A makes the regulations subject to Commonwealth law on assistance animals (DDA s. 9(2)), so authorisations and notices must be applied consistently with federal anti‑discrimination law.

• Road laws. Regulation 101 explains the Part 6 traffic rules operate in addition to road laws as defined in the Road Traffic (Administration) Act 2008 section 4. Vehicle definitions are also drawn from that Act (r. 3).

• Other state statutes and delegated instruments. The regulations acknowledge interaction with the Health (Smoking in Enclosed Public Places) Regulations 2003 (r. 80(3)) and require compliance with any “other written law” where relevant (for example excavation work still subject to other laws, r. 97(2) and Sch. 1 cl. 98(2)).

• Port Authorities Act 1999. The regulations are subordinate to, and give effect to, provisions of the Act. Several regulations explicitly implement Act provisions, for example r. 27 refers to s. 143(3) of the Act; r. 30 references Act s. 97(1) on when pilotage is not compulsory; r. 118A prescribes “quarantine services” under Act s. 35(9). Regulation 121(2) states Schedule 1 provisions have effect notwithstanding inconsistency with other regulations, thereby creating a statutory hierarchy within the instrument.

• Administrative law and court jurisdiction. The recovery of port authority expenses and unpaid charges is through the civil courts as a debt (r. 21(4), r. 68(4), r. 88(3)). Criminal penalties and infringement notices operate within the state enforcement framework. Where the harbour master makes discretionary administrative decisions (licences, revocations, directions), the general administrative law principles and review routes (judicial review) would be available under state law, although the regulations themselves create internal appeal routes in several contexts (e.g. r. 58).

Interaction nuances to note:

• The Fremantle PEC and local knowledge regime in Schedule 1 displaces Division 6 in its application to the Fremantle Port Authority and Port of Fremantle (note preceding r. 49 and Sch. 1 cl. 73 et seq.), so national or general rules may be modified locally.

• The regulations preserve Commonwealth law primacy in areas such as navigation safety and marine qualifications by referencing Navigation Act instruments and AMSA equivalence (Sch.1 cl. 74(2)(d) and use of AMSA for equivalence determinations).

In practice, compliance requires checking a combination of the Port Authorities Act, these regulations, port‑specific Schedule 1 provisions, and any relevant Commonwealth maritime instruments and local by‑laws.

The regulations commenced on 1 June 2001 (r. 2). Since then the instrument has been amended numerous times, with multiple reprints captured in the compilation table. The compilation table records statutory amendments and dates; notable mechanical changes in the regulations include:

• Early and periodic consolidations: Reprints were produced (for example Reprint 1 as at 20 May 2005; Reprint 2 as at 10 Nov 2006; subsequent reprints in 2007, 2009, 2012 and 2014), reflecting incremental statutory amendments.

• Licencing and service provider frameworks added and extended across ports: Regulations and Schedule 1 were amended to create or expand service provider licensing provisions between 2007 and 2014, with clauses such as Sch. 1 cl. 5B, cl. 25, cl. 34, cl. 61 and cl. 96 added or amended (see compilation entries for 12 Jun 2007 p. 2679‑94 and subsequent amendments).

• Port‑specific provisions inserted: Schedule 1 divisions were added and expanded in stages to give detailed control to port authorities over local matters. Examples: Port Fremantle specific PEC and local knowledge regime (Fremantle amendments 2013 and 2014: Port Authorities Amendment (Fremantle) Regulations 2013 and others), Pilbara ports provisions (2017 insertions: Gazette 3 Oct 2017 p. 5037‑48), and further Pilbara adjustments in 2021 and 2022 (SL 2021/52; SL 2022/205).

• Assistance animals cross‑reference added: Regulation 4A (Application as to assistance animals) was inserted on 8 January 2015 (Gazette 8 Jan 2015 p. 62), making the regulations subject to Commonwealth assistance-animal law.

• Pilotage and transport updates: Transport Regulations Amendments affected pilotage provisions in September 2016 and May 2018; those instruments updated pilotage thresholds and processes (see Transport Regulations Amendment (Vessel Pilotage) Regulations 2016 Pt. 2 and Transport Regulations Amendment (Pilotage) Regulations 2018 Pt. 2 entries).

• Mooring and safety updates in Pilbara and Kimberley regions: Specific mooring controls and mooring handbook requirements for Balla Balla and Pilbara ports were added (Gazette 3 Oct 2017 p. 5037‑48 and SL 2021/52).

• Financial and administrative tweaks: Rounding off amounts (r. 120) appeared to provide practical accountancy discretion. Regulation 118A prescribed “quarantine services” under Act s. 35(9) on 10 December 2004.

• Recent interest rate prescription: Regulation 119, prescribing the rate of interest on overdue amounts (3% above the Commonwealth Bank Overdraft Index Rate), was inserted by SL 2026/17 (r. 119 inserted SL 2026/17 r. 4). The compilation table records SL 2026/17 dated 5 March 2026 as the most recent amendment.

The compilation table lists each amending instrument, Gazette or Statutory List reference and commencement details. Users must consult the compilation table at the end of the instrument for precise amendment provenance and commencement timing, because some amendments have staged commencement dates (e.g. r. 1-2 on one date and other provisions on another).

The regulations’ text and compilation materials provided do not include or cite judicial decisions, reported appeals or litigation summaries. The instrument itself contains internal administrative appeal routes (for example regulation 58 provides an appeal to the port authority against harbour master decisions suspending or revoking PECs; licence instruments are required to set out appeal procedures , r. 29(2), Sch. 1 cl. 5B(5), cl. 96(5), cl. 98(8)). These internal appeal procedures are administrative rather than judicial.

Where disputes are likely to reach courts, the regulations identify several civil enforcement mechanisms:

• Recovery of port authority expenses and unpaid port charges as a debt in a court of competent jurisdiction (r. 21(4), r. 68(4), r. 88(3)). Those provisions create a civil remedy (debt recovery) distinct from criminal sanctions under the regulations.

• Sale of unclaimed goods and abandoned property procedures include notices and rights to claim surplus proceeds before transfer to the Consolidated Account (rr. 66-67, r. 88(4)-(6)), and disputes over ownership or reasonableness of expenses could be litigated in ordinary courts.

• Criminal prosecutions for offences in the regulations may result in contested proceedings in state courts. The instrument prescribes both offences (with maximum fines) and the ability to issue infringement notices for specified offences (Part 7, Schedule 3). A defendant prosecuted for an offence under these regulations would proceed through the state criminal process.

Because the source does not list decisions, practitioners should search relevant Western Australian and federal databases for cases that address:

• The scope of harbour master discretion (directions to move vessels, revocations of licences and authorisations).
• Challenges to detention of vessels or to the reasonableness of port authority expenses claimed as debts.
• Judicial review of port authority or harbour master decisions where internal appeals have been exhausted or are not available.

Finally, many enforcement actions under the regulations are procedural and administrative (detention pending payment, licence suspension), which tend to generate interlocutory litigation. The text itself, however, contains no reported litigation history.

This instrument contains many operational details that can create traps if not explicitly checked. The chief practical “gotchas” are:

• Port specificity and override risk. Schedule 1 may override general rules (r. 121(2)). If you advise a client, do not assume a general regulation applies uniformly; always check Schedule 1 for the port in question. For Fremantle, Division 5 and its Subdivision 2 replace or displace general PEC provisions (note the “Note for this Division” preceding r. 49 and the separate Fremantle regime Sch. 1 cl. 73-86).

• Short and multiple notice windows. The general rule requires 24 hours’ notice of arrival (r. 4), but many ports in Schedule 1 require staggered 48/24/2 hour notices (Sch. 1 cl. 3, cl. 7). Missing the earliest notice window can trigger liability and operational impacts (e.g. scheduling, pilot provisioning).

• Strict timing for pilots and liability for delays. Notification for pilot requirement must be at least 2 hours before (r. 32). If a port provides a pilot in response and a vessel is not ready within 30 minutes after the notified time, the notifier is liable for reasonable expenses incurred by the port authority (r. 33). This rule allocates punctuality risk to the vessel’s agent or master and creates exposure to cost recovery as a debt.

• Record and evidence requirements for PECs and revalidation. PEC eligibility and variation applications often require certified written records of prior movements verified by the harbour master (r. 49(4), r. 53(3)-(4), r. 55(3)). PECs and endorsements carry different validity periods and revalidation time limits (e.g. r. 54 expiry after 6 months inactivity; Sch. 1 cl. 80 and cl. 81 differing expiry rules for Fremantle). Failure to maintain records or meet short revalidation windows can lead to expiry and the need for new application or revalidation examinations.

• Joint and several liability for port authority expenses. Where harbour masters hire personnel or equipment to moor/unmoor a vessel, owner and master are jointly and severally liable for those expenses (r. 21(3)). Similarly, masters, owners and agents can be jointly liable for costs in recovering goods or clearing obstructions (r. 68(3)). This creates direct financial exposure beyond criminal fines.

• Licence and authorisation return obligations on suspension. When a licence or PEC is suspended or revoked, the holder must return the licence within tight timeframes (r. 29(4) 7 days for pilotage provider licences; r. 57(5) 14 days for PECs; Sch. 1 cl. 5B(7), cl. 5V(7), cl. 34(7), cl. 61(7)), with criminal penalties for failure to do so (typically $2,000). Administrative appeals do not automatically stay the suspension and the return obligation still runs.

• Port authority discretion on technical standards and certification. Mooring approvals require compliance with port‑published mooring handbooks and harbour master conditions (Sch. 1 cl. 5J-5M). Specifications such as image‑based restricted areas, buoy sizes, or dynamic analysis requirements (e.g. Sch. 1 cl. 16(b) and cl. 19(1)(c) in some ports) impose technical obligations that can be enforced by revoking authorisations.

• Detention until port charges are paid vs. criminal prosecution. A port authority may detain a vessel until port charges are paid or guaranteed (r. 11). This civil enforcement mechanism can be more immediately consequential than criminal fines and is recoverable as a debt in court if necessary (r. 21(4)).

• Revenue and timing exposure: sale of unclaimed goods and abandoned property. Port authorities have power to sell unclaimed or abandoned goods after statutory notices and retain proceeds to cover expenses and port charges; unclaimed surplus is paid to the Consolidated Account after 30 days (rr. 66-67, r. 88). Owners risk losing surplus proceeds if they do not claim within 30 days.

• Multiple overlapping compliance regimes. For example, an excavation on port land requires both an excavation licence under Sch. 1 cl. 98 and compliance with any other written laws that apply to excavation works (Sch. 1 cl. 98(2) referring back to r. 97(2)). Insurance proof may be required (Sch. 1 cl. 98(3)). Missing one of these intersecting requirements may lead to offences and operational delays.

• Frequent legislative change and technical updates. The regulations have been amended repeatedly; r. 119’s interest prescription was added in 2026 (SL 2026/17). Practitioners advising on long‑running projects should check the up‑to‑date consolidated version and the compilation table for commencement dates of amendments.

• Infringement notice vs. prosecution choices. Many offences are listed in Schedule 3 with modified penalties; the prosecution decision (infringement notice or prosecution in court) affects records, costs and appeal rights. Practitioners must assess whether the modified penalty route or defending criminal prosecution is more appropriate.

Compliance requires a port‑ and role‑specific checklist mapped to the relevant regulations and Schedule 1 provisions. Below are practical, source‑grounded steps for the typical actors and advisers.

For masters and vessel owners:

• Pre‑arrival notifications: Give arrival notice as required by the port , generally 24 hours under r. 4, but check Schedule 1 for ports that require 48/24/2 hour notices (Sch. 1 cl. 3, cl. 7). In addition, when notifying earlier windows, disclose explosives or dangerous goods when required (Sch. 1 cl. 3A, cl. 8, cl. 31A, cl. 36A, cl. 64AB).

• Communications: Maintain radio contact or other port‑approved communications while in port as required by r. 5 and Schedule 1 (ports specify channels and radio watch obligations, e.g. Sch. 1 cl. 37 for specified VHF channels at Ashburton/Dampier/Varanus Island).

• Pilotage and PECs: If pilotage is required, notify the port under r. 32 at least 2 hours before the required time; if relying on a PEC, ensure the certificate is valid, the conditions are observed, and maintain the PEC use record verified by the harbour master (r. 59). For PECs and revalidation, maintain the written records of prior moves and be mindful of the expiry windows (r. 54; Sch. 1 cl. 80-82 for Fremantle).

• Safety and wharf conduct: Do not exceed maximum safe speed (r. 6), do not operate propellers while moored unless authorised (r. 8 and Sch. 1 parallels), and ensure at least one person is on watch when required by tonnage thresholds in r. 16 and Schedule 1 (Sch. 1 cl. 12, cl. 104).

• Financial compliance: Pay port charges before departure or obtain a written agreement or guarantee acceptable to the port authority (r. 11). Maintain documentation for cargo and bunkered fuel: provide details before unloading (r. 60) and before leaving with loaded cargo and fuel details (r. 61).

• Records and certificates: Be ready to produce certificate of registry, tonnage and national papers on demand (r. 114; Sch. 1 cl. 5E, cl. 39). Ensure cargo correction documents are submitted within the port authority‑specified period (r. 60(3)).

For service providers, pilots and aspiring licence holders:

• Licensing: Apply on the approved form with prescribed fees (pilotage provider application fee $1,000 r. 28(1); service provider fees vary but are capped in Schedule 1 clauses). Ensure fitness, qualifications and experience meet harbour master standards (r. 23 for pilots; Sch. 1 cl. 5B, cl. 25, cl. 34, cl. 61, cl. 96 for service providers).

• Conditions and appeals: Expect licence conditions and annual fees. Licences must set out appeal procedures for suspension and cancellation (r. 29(2), Sch. 1 cl. 5B(5) etc). Prepare for procedural responses to suspension notices (return of licences within required days, r. 29(4); Sch. 1 cl. 5B(7)).

• Operational compliance: Abide by harbour master directions and port operating instructions. For mooring services, comply with mooring handbooks and inspection/report schedules (Sch. 1 cl. 5J-5Q, cl. 49-56).

For mooring owners and recreational users:

• Authorisation and technical standards: Obtain harbour master authorisation before installing or using moorings (Sch. 1 cl. 5K, cl. 14, cl. 50). Adhere to mooring design standards, buoy specifications and legible identification (Sch. 1 cl. 5P, cl. 19, cl. 55).

• Inspections and reporting: Obtain the required written inspection reports on installation and annually within specified windows and submit copies to the harbour master by specified dates (Sch. 1 cl. 5Q(1)-(4), cl. 20(1)-(4), cl. 56(1)-(4)).

For port authorities and harbour masters:

• Policy instruments and publication: Ensure licence instruments set out appeal procedures (r. 29(2); Sch. 1 cl. 5B(5), cl. 34(5), cl. 61(5), cl. 96(5), cl. 98(8)). Publish compulsory pilotage areas in the Gazette where necessary (Sch. 1 cl. 86).

• Delegations and staffing: Authorised staff must be trained to give reasonable directions (r. 76) and use powers under r. 115 lawfully when requiring names/addresses, refusal to obey directions, or removal.

• Financial record keeping: Apply interest on overdue amounts according to r. 119 and apply rounding rules for accounts under r. 120 where appropriate. Maintain audit trails for unclaimed goods sales and ensure surplus proceeds handling complies with rr. 66-67.

Practical compliance systems and checklists:

• Maintain port‑specific compliance matrices, pairing each vessel movement with port rules (Schedule 1), pilotage requirements, PEC status, and permit requirements.

• Implement pre‑arrival checklists for masters and agents: arrival notices, dangerous goods declarations, pilot bookings, berth applications (r. 12 and Sch. 1 cl. 3), and correct documentation for cargo/fuel (rr. 60-61).

• Record retention: Keep PEC movement records (r. 59); maintain certificates of competency, medical fitness evidence per Marine Order 9 for pilots and PEC candidates (r. 23(1)(a), r. 50(b)); retain mooring inspection reports and correspondence with harbour master.

• Insurance and contractual risk allocation: For excavation licences ensure public liability insurance is in place and evidence provided (Sch. 1 cl. 98(3)); for contract drafting between shipowners and agents, allocate responsibility for pilot waiting time/port expenses to mitigate r. 33 exposure.

• Responding to enforcement actions: Keep licences and PEC documentation current; if suspended, follow return obligations and lodge appeals under the prescribed procedures (r. 29(2); r. 58). Where the port authority moves to recover expenses, preserve evidence of reasonableness and explore negotiation prior to costly litigation.

Finally, always check the port’s local notices, mooring handbooks and the port authority’s published requirements , the regulations delegate many technical specifications to harbour masters and port authorities (for example mooring handbook requirements Sch. 1 cl. 5J), so operational compliance depends on following those local instruments as well as the regulations.