Shipping and Pilotage (Mooring Control Areas) Regulations 1983

The regulations centre on a small set of interlocking legal concepts that dictate how moorings are managed in a mooring control area.

• Mooring, mooring apparatus, mooring site and nominated vessel (regulation 3). Mooring apparatus is defined broadly to include any structure or apparatus used to secure a floating object, regardless of whether it is itself beyond the shore or used for other purposes. A mooring site is the location where such apparatus is, or will be, located. The nominated vessel ties a particular mooring site to a specific vessel or floating object as specified in the hire application (regulation 3).

• Controlling authority and the Department. The regulations repeatedly assign decision-making powers, notices and directions to the controlling authority and to the Department. The controlling authority is the primary regulator under these regulations (for applications, hiring, directions and termination), while the Department’s approval is required for variation of mooring sites in regulation 9. The text treats these as separate decision nodes: the controlling authority exercises day-to-day control; the Department’s approval is a second-level check in some relocation matters (regulation 9).

• Approval to install and hire (regulations 5 and 8). Installation of a mooring requires prior approval (regulation 5(1)). Use also generally requires that the mooring site be hired to the user under the regulations (regulation 5(2A)), with a grandfathering exception for pre-proclamation moorings for a limited time and subject to an application (regulation 5(2)). The criteria for approving installation include appropriateness of the site, suitability of apparatus for the nominated vessel, lack of navigational danger and non-interference with other uses (regulation 8(1)(a)-(d)).

• Hiring mechanics and terms (regulations 6, 6A, 15). Applications must be in the form approved by the controlling authority and must provide specified particulars including the vessel’s dimensions, displacement and intended use (regulation 6(1)). Hire periods nominated by applicants are no longer than 12 months (regulation 6(1)(da)). If a hirer does not surrender a site at the end of the initial period, the hire continues automatically in additional hire periods equal to the initial hire period or another nominated period not exceeding 12 months (regulation 6A).

• Fees (regulations 7 and 7A). The regulations prescribe a fee schedule for a defined set of “relevant areas” (regulation 7(1)). Fees are calculated per metre of vessel length and are available on daily, weekly, monthly, multi-month and annual bases, with a proviso that where more than one calculation could apply, the lower fee controls (regulation 7(4)). A higher fee schedule applies where the mooring apparatus was installed by or on behalf of the Department (regulation 7(3)). Payment must be made pursuant to notice or agreement and if an application to hire is refused the fee must be refunded (regulation 7A).

• Maintenance, inspections, deterioration and removal (regulations 10-14). Hirers must maintain moorings in good condition and comply with directions regarding floats, buoys and information displays (regulations 10 and 13). The controlling authority can require inspection reports from approved inspectors (regulation 14(2)-(3)) and can require repair, relocation or removal where the mooring is dangerous or unsuited; it may remove and destroy moorings where the hirer fails to act or cannot be contacted (regulations 11 and 14(4)).

• Limits on transfer and interaction with PPSA (regulation 12). A hirer cannot assign, sell or dispose of rights associated with a mooring site without written approval of the controlling authority (regulation 12(1)). A change in beneficial ownership of half or more of a corporate hirer’s shares is taken as an assignment (regulation 12(2)). The regulations declare a right associated with a hired mooring site not to be personal property for the purposes of the Commonwealth Personal Property Securities Act 2009 (regulation 12(4)).

• Waivers, refunds and authorised fee officers (regulations 20-24). Controlling authorities may designate authorised fee officers (regulation 20) and grant written waivers of fees by instrument (regulation 21). Waivers must be made publicly accessible on a Department website while in effect and for 12 months after expiry (regulation 22), and a waiver has the legal effect of removing the payment requirement while leaving rights and obligations under the Act as if the fee had been paid (regulation 23). Separate refund power permits part or full refunds and allows the controlling authority to state the consequences of the refund on rights and obligations (regulation 24).

• Interaction with collision rules (regulation 16A). Vessels in mooring control areas must comply with Prevention of Collisions in State Waters Regulations 1983 except that a vessel moored in accordance with these regulations is not required to exhibit particular lights, shapes or signals under specified International Regulations rules (regulation 16A(2)).

Together, these concepts create a framework that converts physical mooring sites into managed, hireable assets controlled administratively by the controlling authority and the Department, with statutory fee schedules and procedural obligations for applicants and hirers.

The regulations create legal obligations and rights that affect several identifiable groups.

• Hirers and applicants. Individuals, partnerships and corporations that apply to hire or that hire mooring sites are the primary regulated persons. They must supply defined information in the approved application form (regulation 6(1)), pay fees where required (regulations 7 and 7A), maintain moorings in good repair (regulation 10), comply with directions on floats, buoys and displayed information (regulation 13), provide inspection reports if required (regulation 14(2)-(3)), notify disposals and changes within seven days (regulation 17(1)), and may have their hire terminated for specified reasons (regulation 15).

• Owners or reputed owners of pre-existing moorings. Persons who established moorings before the proclamation of the mooring control area may use the mooring for 60 days post-proclamation and thereafter if they apply to hire and the controlling authority has not refused the hire (regulation 5(2)). If they do not apply, the controlling authority may remove and destroy the mooring after notice (regulation 8(5)).

• Vessel operators seeking temporary or incidental mooring. Regulation 16(1) makes it an offence to secure a vessel to a mooring without the consent of the hirer. Operators of tenders may be able to lawfully use a hirer’s mooring under conditions set out in regulation 16(3), but otherwise the hirer’s consent is required.

• Controlling authority and Department. These bodies are singularly empowered to approve installations, hire mooring sites, set or apply fees, issue directions on mooring apparatus attributes, require inspection reports, order relocation and removal, designate authorised fee officers, and terminate hires. The controlling authority’s decision-making discretion is central to practical outcomes (see regulations 5, 8, 9, 13, 14, 15, 20, 21).

• Persons who would otherwise hold security interests. The regulations explicitly declare rights associated with hired mooring sites not to be personal property for PPSA purposes (regulation 12(4)). This affects creditors and financiers who might otherwise rely on personal property security interests over such rights.

• Users in defined “relevant areas”. The fee schedule in regulation 7 applies to named mooring control areas (Bremer Bay-Fishery Beach; Bunbury-Koombana Bay , Casuarina Boat Harbour; Carnarvon Fishing Boat Harbour; Exmouth Boat Harbour; Jervoise Bay; Kalbarri Murchison River; Port of Onslow; and Inner Harbour of Port Denison). Hirers and vessel owners in those localities are subject to the specified fee matrix.

• Persons interested in public fee policy. The regulations empower controlling authorities to waive or refund fees (regulations 21, 24). Those instruments must be accessible on a Department website while in effect and for 12 months after (regulation 22), affecting transparency and public scrutiny.

Who pays: the hirer (or applicant, where payment is required on application) bears fee costs under regulations 7 and 7A, unless a waiver or refund is granted under regulations 21 or 24. Who decides: the controlling authority decides approval, hire, directions, termination and can authorise fee officers; the Department must approve relocation variations in regulation 9. What changes in practice: individuals and entities that previously installed or used moorings must secure approvals and hire sites or be subject to removal/demolition; they must also comply with particular maintenance and reporting obligations.

The regulations affect owners and operators of vessels, local harbour management (controlling authorities and the Department), potential financiers, and any third party that might otherwise use moorings without the hirer’s consent. They also change the property treatment of mooring-site rights by excluding those rights from the PPSA (regulation 12(4)), which removes a pathway for creating or enforcing security interests against mooring rights.

The regulations allocate specific duties to hirers, applicants and controlling authorities and establish a set of enforceable rights.

Duties of applicants and hirers

• Application content (regulation 6). Applicants must provide prescribed particulars including full name and contact details, mooring site location, vessel purpose (private or commercial), type, size and displacement tonnage, and the period sought (no longer than 12 months). Applicants must also supply any additional information reasonably required by the controlling authority (regulation 6(3)).

• Approval before installation and hire (regulation 5(1), 5(2A), 8(1)-(3)). A person must not install a mooring without approval (regulation 5(1)), nor use a mooring unless the site is hired under these regulations (regulation 5(2A)). For sites without existing mooring apparatus, the controlling authority may grant approval if satisfied about appropriateness of site, suitability for the nominated vessel, absence of navigational danger and minimal interference with other uses (regulation 8(1)(a)-(d)). Where approval is granted the applicant must notify when apparatus is in position and must assist with inspections if required (regulation 8(2)).

• Hire period and continuation (regulations 6(1)(da), 6A). Hire periods sought may be no longer than 12 months under the application form (regulation 6(1)(da)). If the initial hire period ends and the hirer does not surrender the mooring site, the hire is taken to continue in additional hire periods equal to the initial hire period or another nominated period no longer than 12 months (regulation 6A).

• Fees and timing (regulations 7, 7A). The appropriate fee under regulation 7 must be paid in accordance with a notice from or an agreement with the controlling authority (regulation 7A(1)-(2)). If an application is refused, any fee paid must be refunded (regulation 7A(3)). The fee schedule for “relevant areas” sets per-metre rates across daily, weekly, monthly, multi-month and annual bases, and imposes a separate, higher set of rates for Department-installed moorings (regulation 7).

• Maintenance and compliance (regulations 10, 13, 14). Hirers must keep the mooring at the hired site, in good and substantial condition, comply with directions about floats/buoys/displayed information (regulation 10 and 13), and ensure the mooring is suited to the nominated vessel (regulation 14(1)). Where required, hirers must provide an inspection report from an approved inspector within 28 days (regulation 14(2)-(3)).

• Notification obligations (regulation 17). Within seven days, a hirer must notify the controlling authority of disposal of the nominated vessel or any alteration to the information in the application, including change of contact details (regulation 17(1)). Upon ceasing to own the nominated vessel the hirer must apply to alter the hire to specify a different vessel if appropriate (regulation 17(2)).

• Restrictions on use (regulation 16). A person must not secure a vessel to a mooring without hirer consent (regulation 16(1)). Hirers must not use the mooring for a larger vessel or more than one vessel simultaneously without prior approval (regulation 16(2)). An exception for tenders carrying the same registration number is provided (regulation 16(3)).

• Surrender and removal (regulation 18). A hirer may surrender a site by notice but is not entitled to a refund for any period after surrender (regulation 18(1)). A person surrendering must remove the mooring within one month, otherwise the controlling authority may remove and destroy it (regulation 18(2)).

Rights and powers of the controlling authority and Department

• Approval and hiring authority (regulation 8(1)-(4)). The controlling authority can approve installation, hire mooring sites, and hire pre-established moorings without giving the same notice in certain circumstances (regulation 8(4)).

• Directions on floats and information (regulation 13). The controlling authority may direct the size, shape and colour of floats and buoys used at the mooring site and require display of a mooring number or other information on the mooring apparatus (regulation 13).

• Relocation, removal and destruction (regulations 9, 8(5), 11, 14(4)). The controlling authority may, subject to Department approval, vary or alter mooring sites and may require a hirer to relocate or remove moorings within one month or a period reasonably required (regulation 9). The controlling authority can remove and destroy moorings that were established prior to proclamation if no application is made after appropriate notice (regulation 8(5)). It can require repair/relocation/removal where a mooring is dangerous or unusable and may remove and destroy if the hirer cannot be contacted or does not act (regulation 11). Inspection reports that identify unsatisfactory condition may also trigger these powers (regulation 14(4)).

• Termination of hire (regulation 15). The controlling authority may terminate a hire in defined circumstances including public interest, loss of ownership or control of nominated vessel, non-payment of fees, failure to comply with direction under regulation 13, or failure to provide a required inspection report (regulation 15(1)(a)-(e)).

• Financial discretion (regulations 20-24). The controlling authority may designate authorised fee officers (regulation 20), waive fees in whole or part and for classes or periods by written instrument (regulation 21), must publish waiver instruments on a Department website while in effect and for 12 months after (regulation 22), and may refund fees and specify the consequences of refunds on rights and obligations (regulation 24).

Enforceable sanctions and duties

• Duty of hirer for acts in relation to mooring site (regulation 19(1)). The hirer, unless a contrary intention appears, has the duty to cause required acts to be done or to prevent prohibited acts in relation to the mooring site.

• Penalty for contraventions (regulation 19(2)). A person who contravenes any provision commits an offence with a penalty of a fine of $200 for the subregulation. Enforcement also occurs via removal and destruction powers for non-compliance in specified circumstances (regulations 8(5), 11, 14(4), 18(2)).

Property treatment

• Non-personal property for PPSA (regulation 12(4)). Rights associated with a hired mooring site are declared not to be personal property for the purposes of the Commonwealth Personal Property Securities Act 2009, which affects the availability of personal property security remedies.

These duties and powers create an administrative framework where the controlling authority manages the siting, condition and economic use of mooring sites; hirers bear statutory obligations to maintain, report and pay fees; and the Department retains an oversight role for certain relocation decisions.

The regulations deploy a mix of monetary penalty, administrative sanctions (termination of hire), and operational remedies (relocation, removal, destruction) to secure compliance.

Monetary penalty

• The standalone criminal sanction in the document is a fine: regulation 19(2) prescribes that a person who contravenes any provision or fails to do something required by the regulations commits an offence punishable by a fine of $200. The regulation frames the hirer as the primary person with the duty of ensuring compliance for acts “in relation to any mooring site or any mooring at a mooring site” subject to contrary intention (regulation 19(1)).

Administrative enforcement and operational remedies

• Termination of hire (regulation 15). The controlling authority may terminate hiring where it is desirable in the public interest, where the hirer ceases to own or control the nominated vessel, where fees have not been paid, for non-compliance with directions under regulation 13, or where a required inspection report is not provided. Termination is an administrative sanction that affects the hirer’s tenure and occupation of the hired site.

• Relocation requests with short timelines (regulation 9). The controlling authority, subject to Department approval, may vary or alter mooring sites and require a hirer to relocate or remove any mooring from a varied or altered site within one month, or such lesser period as is reasonably required. Failure to comply exposes the mooring to removal and destruction by the authority.

• Removal and destruction for non-registration or deterioration (regulations 8(5), 11). Where a mooring was established before proclamation and no application is made to hire under regulation 6, the controlling authority may remove and destroy the mooring but may not exercise that power if it knows the identity of the owner until it gives the owner 14 days’ notice to apply (regulation 8(5)). For moorings that deteriorate and are dangerous, unusable or no longer occupy the hired mooring site, the controlling authority may require repair, relocate or removal within a specified time and may, if the hirer cannot be contacted or fails to act, remove and destroy the mooring (regulation 11).

• Inspection-driven action (regulation 14). The controlling authority can require a hirer to provide an inspection report from an approved inspector about the condition of the mooring and may require repair, relocation or removal where not satisfied with the condition; inability to contact the hirer or failure to act authorises removal and destruction.

• Surrender removal (regulation 18). Where a hirer surrenders a site, the hirer must remove the mooring within one month. Failure allows the controlling authority to remove and destroy the mooring.

Administrative discretion and procedural protections

• Notice requirements. Removal of pre-proclamation moorings requires notice fixed to a vessel secured to the mooring or attached to the mooring apparatus if the owner is known (regulation 8(6)). For other removals the regulations typically require that the controlling authority first give the hirer an opportunity to repair, relocate or remove within a specified time before exercising removal and destruction powers (regulations 11 and 14(4)).

• Fee refund where application refused (regulation 7A(3)). If an application to hire is refused the controlling authority must refund any fee paid, which operates as a limited financial protection for unsuccessful applicants.

• Waiver and refund powers (regulations 21 and 24). The controlling authority may by written instrument waive fees in whole or part for defined classes or periods; a waiver is not subsidiary legislation (regulation 21(3)). Refunds may be granted, and the authority may specify the consequences of those refunds on rights and obligations (regulation 24(2)).

Enforcement architecture implications

• Enforcement is primarily administrative and corrective rather than criminal. The only direct monetary criminal penalty stated is $200 for contravention (regulation 19(2)), while the bulk of enforcement occurs through control of possession (termination, removal, destruction) and through financial levers (fees, waivers, refunds). The controlling authority’s discretion to terminate hire or to effect removal after giving time to remedy non-compliance is the primary instrument of compulsion.

• Operational enforcement requires administrative capacity,issuing notices, conducting or arranging inspections, arranging removal and destruction of moorings, publishing waivers and refunds, and maintaining records of hires and payments. The regulations authorise delegation and designation of authorised fee officers to manage fee-related functions (regulation 20).

• The declaration that rights associated with hired mooring sites are not personal property for PPSA purposes (regulation 12(4)) affects enforcement in the sense that a bankruptcy or insolvency or secured creditor process cannot be brought to bear on those rights as personal property under the PPSA.

Practically, regulated parties should treat enforcement risk not only as exposure to the statutory fine but, crucially, as exposure to loss of the mooring through administrative removal or termination of hire and to ongoing fee liabilities unless a waiver or refund is granted.

The regulations are explicitly designed to operate alongside, and in a few respects modify, other statutory instruments. The text itself names a number of cross-references and carve-outs.

Relationship to the Shipping and Pilotage Act 1967

• The regulations operate under the Act, and apply to mooring control areas proclaimed under section 10(2) of the Act (regulation 4(1)). Many powers,approval, hiring and termination,are exercised by the controlling authority under the authority of these regulations, which enact detailed procedural and substantive requirements complementary to the Act.

Exclusion where Mooring Regulations 1998 apply

• The regulations do not apply to any mooring control area to which the Mooring Regulations 1998 apply (regulation 4(2)). That carve-out is absolute in the text: where the 1998 regime applies, these regulations are displaced.

Interaction with Personal Property Securities Act 2009 (Commonwealth)

• Regulation 12(4) expressly declares that a right associated with a hired mooring site is not personal property for the purposes of s 10(d) (definition of licence) of the Personal Property Securities Act 2009. This is a direct statutory interaction with Commonwealth law, changing the property characterisation of mooring-site rights for PPSA purposes and thereby excluding PPSA security interests over those rights.

Collision and navigational rules

• Vessels in mooring control areas are generally required to comply with the Prevention of Collisions in State Waters Regulations 1983 made under the Western Australian Marine Act 1982 (regulation 16A(1)). However, a vessel moored in accordance with these regulations is not obliged to exhibit certain lights and shapes or give certain signals prescribed under particular rules of the International Regulations for Preventing Collisions at Sea 1972, as implemented in the State regulations (regulation 16A(2)). That creates a limited exception to certain collision-safety signalling requirements for moored vessels.

Interpretation Act and subsidiary legislation status

• Regulation 21(3) makes explicit that a written instrument making a waiver under regulation 21 is not subsidiary legislation for the purposes of the Interpretation Act 1984. This affects how waivers are treated procedurally and administratively (for example, they are not subject to disallowance or publication requirements that apply to subsidiary legislation), though regulation 22 requires public access to the instrument on a Department website while in effect and for 12 months after.

Departmental and controlling authority approvals

• Regulation 9 makes relocation powers subject to the approval of the Department, indicating that controlling authority powers to alter mooring sites require Departmental assent in that context. That creates an internal cross-instrument governance link between two administrative bodies.

Transitional interaction with earlier and amending instruments

• Regulation 25 contains transitional provisions converting earlier registration applications under the pre‑commencement regulations into applications under these regulations upon commencement of the 2024 amendments and converting registered owners into hirers under the new regime. The compilation table documents multiple amending instruments (2021, 2022, 2024, 2025) showing the regulations’ iterative interaction with other subordinate instruments.

Other statutes referenced by name

• The regulations reference the Interpretation Act 1918 in one place (regulation 8(6) notes “without prejudice to the provisions of section 31 of the Interpretation Act 1918”, a provision since repealed and replaced by the Interpretation Act 1984 as noted in the compilation notes), the Navigable Waters Regulations 1958 for tender marking (regulation 16(3)), the Prevention of Collisions in State Waters Regulations 1983 for collision rules (regulation 16A), and the Personal Property Securities Act 2009 for the PPSA interaction (regulation 12(4)).

Practical implications of interactions

• The exclusion from PPSA remedies (regulation 12(4)) affects financiers, lessors and secured creditors,security interests over hired mooring rights will not be personal property under the PPSA as declared. That alters recovery strategies in insolvency or enforcement contexts.

• The waiver instrument being not subsidiary legislation (regulation 21(3)) reduces procedural constraints on waivers but regulation 22 nonetheless imposes transparency obligations via website publication. Non-compliance with the website publication requirement does not affect the legal validity of the waiver (regulation 22(2)).

• The collision rule carve-out for certain lights and signals (regulation 16A(2)) must be read concurrently with the State collision regulations; operators, insurers and compliance officers should align vessel marking, reporting and lighting practices with both regimes.

• Where multiple statutory regimes may apply (for example, Mooring Regulations 1998 in some areas), practitioners must determine which instrument applies to a given mooring control area (regulation 4(2)).

Overall, the regulations are not stand-alone: their operative effect depends on how they sit vis-à-vis other subordinate legislation, Commonwealth statutory property law, and broader marine safety rules.

The regulations have been amended repeatedly since their original 1983 enactment. The compilation table and marginal amendment notes in the text record the timeline of changes and identify several substantive updates, particularly in 2021-2025.

Key amendments and insertions

• 1985: Early amendment inserted regulation 16A addressing collision prevention exceptions (see original insertion date: Gazette 24 May 1985 p. 1765‑6).

• 1993 and 1998: Amendments to definitions and application provisions are recorded in the marginal notes, with changes to regulation 3 and 4 among others (Gazette entries 31 Dec 1993; 11 Dec 1998). These earlier amendments refined definitions and the application scope.

• 2011 and 2012: Amendments were made in 2011 and 2012 (Gazette entries 11 Feb 2011; 14 Feb 2012) reflecting technical and procedural updates.

• 2021: The Transport Regulations Amendment (Mooring Management) Regulations 2021 (SL 2021/147) introduced reforms recorded as Pt. 3 and commenced 28 Sep 2021. The 2021 amendment appears in the compilation table and marginal notes, indicating incremental modernisation of mooring management policy.

• 2022: The Transport Regulations Amendment (Waiver and Refund) Regulations 2022 (SL 2022/47) added Parts concerning fee waivers and refunds and authorised fee officers; the marginal notes record insertion of definitions and powers for authorised fee officers and fee waiver/refund mechanics (commenced 9 Apr 2022). Regulation 3 was amended to add defined terms, and regulation 20 (authorised fee officers) and regulations 21-24 (waiver, publication, effect, refund) were inserted in 2022.

• 2024: The Transport Regulations Amendment (Mooring Control Areas) Regulations 2024 (SL 2024/69) made multiple changes that came into operation 1 Jul 2024. Notable insertions include regulation 6A (Additional hire periods), a new schedule of fees (regulation 7 new text), updated approval and inspection powers (regulations 8 and 14), directions about floats/buoys and display of information (regulation 13), and a suite of amendments modernising application, maintenance and enforcement provisions. The 2024 amendments also introduced or amended many cross-references and incorporated transitional provision (regulation 25) converting pre-commencement registrations to hires.

• 2024/191 and 2025 instruments: Later amendments include the Transport Regulations Amendment (Marine Safety Equipment) Regulations 2024 (SL 2024/191), which amended regulation 16 and added references to marine safety equipment, and two 2025 instruments: Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2025 (SL 2025/64) updating fee figures or structure in regulation 7 (commencing 1 Jul 2025) and Transport Regulations Amendment (Prevention of Collisions in State Waters) Regulations 2025 (SL 2025/68) amending the collision regulation material (commencing 1 May 2025). The marginal notes show regulation 7 was amended as recently as 2025.

Transitional provisions and continuity

• Regulation 25 provides transitional measures for the 2024 amendments. On commencement, pending applications under the earlier (pre-commencement) regulations for registration of mooring sites are taken to be applications to hire under the updated regulations (regulation 25(2)), fees paid under the pre‑commencement regime for future periods are taken to be fees under regulation 7A (regulation 25(3)), and previously registered owners are taken to be hirers under the new regime (regulation 25(4)). This shows an intentional conversion of prior registration systems into the hire-based model instituted by the 2024 changes.

Character of amendments

• The amendments across 2021-2025 indicate a policy shift towards centralised fee administration, more express waiver and refund powers with publication obligations, formalisation of authorised fee officers, an inspection/condition reporting regime with approved inspectors, and a clearer timeline for hire renewal via automatic additional hire periods. They also modernise fee calculation and specify Department-installed mooring fees separately (regulation 7(3)).

Administrative consequences of amendment history

• Frequent amendments increase the need for practitioners and operators to track versions and commencement dates. The compilation table documents each amending instrument and commencement date, which is necessary because many amendments have delayed or staggered commencements.

• The addition of waiver/refund mechanics and authorised fee officers in 2022, followed by 2024 changes to hire mechanics and inspection powers, changes the administrative burden on both controlling authorities (new publication duties, procedural record-keeping) and hirers (inspection reporting, automatic continuation of hire unless surrendered).

The compilation table at the end of the regulation text is the primary source for the amendment timeline; the substantive inserted provisions in 2022-2025 materially alter fees, administrative processes and enforcement levers.

The regulation text and compilation notes do not record any decided cases or litigation history arising from these regulations. The document does not list judicial, tribunal or administrative review outcomes; the only jurisprudential references are to other statutory instruments and to the Interpretation Act in the context of notice procedure (regulation 8(6) notes the relevance of a repealed provision).

Potential areas for litigation or judicial review (text-grounded)

• Procedural fairness and the exercise of discretion. Several provisions confer broad discretion on the controlling authority: approval to install a mooring (regulation 8(1)), termination of hire in the public interest (regulation 15(1)(a)), and directions about floats and information (regulation 13). These discretions could be the subject of judicial review challenges in the administrative law sense where an applicant or hirer alleges that a decision-maker breached procedural fairness, acted unreasonably, took into account irrelevant considerations or failed to provide adequate reasons. The regulations themselves do not provide an internal merits review mechanism for many decisions; aggrieved parties may therefore seek judicial review in the WA Supreme Court, though no cases are cited in this text.

• Notice and removal processes. The power to remove and destroy moorings,especially where the controlling authority knows the owner,requires the issuing of notice with a 14‑day period for application under regulation 8(5)(a)-(b). Litigation could arise over sufficiency of notice, factual questions about whether the owner was known, or whether the statutory conditions for removal were satisfied. Similarly, removal for deterioration requires that the hirer be given opportunity to repair, relocate or remove within a specified time before the authority acts (regulations 11 and 14(4)); disputes could concern the reasonableness of the specified time, adequacy of communications, or whether the mooring constituted the enumerated harms.

• Fee disputes and waiver/refund treatment. Regulation 7 prescribes a structured fee schedule for “relevant areas,” and regulation 7(4) provides that where more than one provision could determine the fee, the lower fee applies. Disputes could arise over fee calculation for particular hire periods (daily/weekly/monthly/annual combinations). Regulation 21(3) declares that a waiver instrument is not subsidiary legislation, and regulation 22 requires web publication but makes non-compliance not affect legal validity (regulation 22(2)). Litigation could address whether a waiver or refund was lawfully applied, whether a fee notice complied with the 14‑day minimum notice requirement in regulation 7A(2)(a), or whether a controlling authority acted within its designation terms when authorising fee officers (regulation 20).

• Property characterisation and PPSA exclusion. Regulation 12(4) declares that a right associated with a hired mooring site is not personal property for PPSA purposes. That express declaration may be challenged or litigated in edge cases about the status of particular rights or commercial arrangements,especially where secured creditors claim interest in mooring-related assets or income streams. The regulation alters the legal landscape for disputes that would otherwise have arisen under the PPSA; litigation could test the boundary between what is a non-personal property “right associated with a hired mooring site” and other commercial property interests.

• Termination for non-payment and refund obligations. The controlling authority may terminate hire for non-payment (regulation 15(1)(c)). Where payment disputes arise, litigation could address whether fees were properly demanded, whether a refund was required where application was refused (regulation 7A(3)), and whether the controlling authority followed procedures in issuing notices for payment (regulation 7A(2)).

• Collision rules exception. Regulation 16A(2) provides narrow exceptions to certain International Regulations signalling obligations for moored vessels. Litigation involving maritime collisions or insurance claims could require construction of the applicability and limits of that exception as measured against the Prevention of Collisions in State Waters Regulations 1983.

Absence of recorded cases

• The absence of litigation references in the document means there is no authoritative catalogue here of how courts have interpreted the regulatory terms. Practitioners should therefore treat the text as primary and be prepared to litigate novel issues, including construction of discretionary powers, procedural requirements for removal, and the effects of waivers/refunds.

In sum, the source does not provide a litigation history; however, the statutory architecture suggests several plausible axes for disputes: administrative law challenges to discretionary decisions, procedural complaints about notices and removals, fee calculation and waiver disputes, and property-characterisation conflicts with secured-credit law. Any firm case law on these themes would need to be located externally to the text.

The regulations contain several drafting features and operational mechanics that create practical traps for applicants, hirers, controlling authorities and third parties. Below are concrete points drawn directly from the text.

Automatic continuation of hire (regulation 6A)

• If a hirer’s initial hire period ends and the hirer does not surrender the mooring site, the hire continues automatically in “additional hire periods” equal to the initial hire period (regulation 6A(2)-(3)). A common mistaken assumption is that hire terminates automatically at the end of the initial nominated period; actually, absent surrender, hire continues. That has financial consequences (fees remain payable under regulation 7A) and property consequences (hirer remains responsible for maintenance and legal duties).

No refund on surrender (regulation 18(1))

• A hirer who surrenders a mooring site is expressly not entitled to a refund for any period after the date of surrender. Parties may assume refunds are available pro rata; the regulation forbids that expectation.

Lowest-fee rule (regulation 7(4))

• Where more than one provision could determine the fee applicable, the provision resulting in the lower fee applies. Fee disputes may therefore require comparison across daily/weekly/monthly/annual options and the Department‑installed mooring rates. Practically, payers must ensure the controlling authority applies the lower alternative; conversely, controlling authorities must document fee calculations to demonstrate correct application.

Different fee schedule for Department-installed moorings (regulation 7(3))

• Fees for moorings installed by or on behalf of the Department are significantly different from hirer-installed moorings (higher day/week rates listed in regulation 7(3)). Applicants should check who installed the apparatus before assuming which fee schedule applies.

Waiver instruments are not subsidiary legislation but must be published (regulations 21(3) and 22)

• A written instrument waiving fees is not subsidiary legislation (regulation 21(3)), meaning it is not subject to the formalities applicable to subsidiary instruments. However, the controlling authority must provide web access to the written instrument while it is in effect and for at least 12 months after it ceases (regulation 22(1)). Failure to publish does not affect validity (regulation 22(2)), but lack of publication may impede public knowledge and affect expectations.

PPSA exclusion (regulation 12(4))

• Rights associated with a hired mooring site are not personal property for PPSA purposes, which can be surprising to financiers and lenders. Conventional PPSA security cannot be taken over such rights; parties seeking security should not assume PPSA registration will capture mooring-site rights.

Short statutory timelines for action and notice (multiple regulations)

• The regulations create tight timeframes: notification of certain changes within seven days (regulation 17(1)), inspection reports within 28 days after a written requirement (regulation 14(3)), and removal/relocation within one month or a lesser period as reasonably required (regulation 9). Missed deadlines have immediate consequences including termination and removal.

Control over assignment, corporate change treated as assignment (regulation 12(1)-(2))

• Hirers cannot assign, sell or dispose of rights associated with the mooring site without written approval. A change in beneficial ownership of 50% or more of a corporate hirer’s shares is treated as an assignment, so transactions altering control of hirer entities may trigger the approval requirement.

Removal and destruction powers with limited notice for unknown owners (regulation 8(5))

• For moorings established before proclamation, the controlling authority may remove and destroy a mooring if no application is made, but may not exercise that power if it knows the owner until it gives notice and a 14‑day period to apply (regulation 8(5)). Where the owner cannot be contacted, an authority may remove and destroy; owners should ensure contact details are up to date to avoid unintended destruction.

Inspection requirement and consequences (regulation 14)

• The controlling authority may require an inspection report from an approved inspector for mooring apparatus installed by or on behalf of the hirer (regulation 14(2)). Failure to provide an inspection report within 28 days can lead to termination or removal actions (regulation 14(4) and 15(1)(e)). Parties should confirm who qualifies as an approved inspector and maintain records of inspection arrangements.

Mooring consent and tender exceptions (regulation 16)

• Securing a vessel to a mooring without the hirer’s consent is prohibited (regulation 16(1)). The only express exception allowing two vessels is where one is the nominated vessel and the other is a tender marked with the same registration number under the Navigable Waters Regulations 1958 (regulation 16(3)). Third parties who assume a right to use a mooring in an emergency or informally may be committing an offence.

Small criminal fine but significant administrative remedies (regulation 19)

• The monetary criminal penalty is modest,a fine of $200 under regulation 19(2). However, the real enforcement risk is administrative: termination of hire, removal and destruction of mooring apparatus,sanctions that may be more consequential than the fine. Parties should not rely on the low criminal penalty as an indicator of low enforcement risk.

Effect of waiver on rights and obligations (regulation 23)

• If a fee is waived, rights and obligations under the Act are “as they would be if the fee had not been waived, and had been paid” (regulation 23(b)). That means a waiver does not alter substantive obligations but only removes the payment requirement. Stakeholders should note waivers do not create additional substantive rights beyond suspending or cancelling the payment obligation.

Limited definition of “relevant area” (regulation 7(1))

• The fee schedule in regulation 7 applies only to named mooring control areas and to the Inner Harbour of Port Denison. Mooring hirers in areas not listed may face different fee regimes; do not assume the schedule applies statewide.

Non-application where Mooring Regulations 1998 apply (regulation 4(2))

• Practitioners must check whether a mooring control area is governed by the Mooring Regulations 1998 instead, since in that case these regulations do not apply.

Together, these items represent operational pitfalls where assumptions about renewals, refunds, fee calculation, property rights, timelines, publication and assignment can produce adverse consequences unless read and acted upon against the specific regulatory text.

This section sets out a practical checklist and procedural recommendations, grounded in the text, for applicants, hirers and controlling authorities to reduce legal and operational risk.

1. Confirm applicability and controlling authority

• Check whether the relevant mooring control area falls under these regulations (regulation 4(1)) or is instead governed by the Mooring Regulations 1998 (regulation 4(2)). Identify the controlling authority for the area, and whether the Department’s approval is required for relocation matters (regulation 9).

2. Prepare the application in the controlling authority’s approved form (regulation 6)

• Complete the approved form and include:
  • Full name, residential address and telephone number of the applicant (or registered address and contact person where the applicant is a body corporate or partnership) (regulation 6(1)(a));
  • Location of the mooring site (regulation 6(1)(b));
  • The intended purpose (private or commercial) (regulation 6(1)(c));
  • Type, size and displacement tonnage of the vessel or floating object (regulation 6(1)(d));
  • The period sought for hire, no longer than 12 months (regulation 6(1)(da));
  • Registration number if the vessel is a registered vessel (regulation 6(1)(e)), or other identification required for unregistered vessels (regulation 6(1)(f)).
• Anticipate requests for further information and provide it promptly (regulation 6(3)).

3. Plan fee payment and seek clarity on fee calculation (regulations 7 and 7A)

• Determine whether the mooring apparatus was installed by you or the Department; Department-installed apparatus attracts a different fee schedule (regulation 7(3)).
• Calculate fees per metre of the nominated vessel according to daily, weekly, monthly, multi-month or annual options and check whether multiple applicable provisions produce different amounts; apply the lower fee where multiple options exist (regulation 7(4)).
• Expect a notice specifying the payment day, which must be at least 14 days after the notice (regulation 7A(2)(a)), or enter an agreement on payment timing (regulation 7A(2)(b)).
• If a hire application is refused, the controlling authority must refund any fee paid (regulation 7A(3)).

4. Understand hire period mechanics and avoid unintended continuation (regulation 6A)

• Because hire automatically continues in additional hire periods unless surrendered (regulation 6A), decide whether you want continuation. If you intend to terminate at the end of the initial hire period, submit a written surrender under regulation 18 or otherwise notify the controlling authority in accordance with regulation 18(1) and ensure removal within one month (regulation 18(2)).

5. Ensure maintenance, inspections and display compliance (regulations 10, 13, 14)

• Maintain the mooring at the hired site in good and substantial condition and repair (regulation 10(a)-(b)) and comply with directions under regulation 13 regarding floats, buoys and information display (regulation 10(ba) and regulation 13).
• Confirm that mooring apparatus is suited to the nominated vessel (regulation 14(1)). Keep documentation proving materials, size, type and construction where relevant.
• If required by the controlling authority provide an inspection report from an inspector approved by the controlling authority within 28 days (regulation 14(2)-(3)). Identify approved inspectors in advance to ensure timely compliance.

6. Update contact and ownership information promptly (regulation 17)

• Notify the controlling authority within seven days of disposal of the nominated vessel or any alteration to the information in the application, including a change of address or telephone number for the hirer or contact person (regulation 17(1)).
• On ceasing to own the nominated vessel, apply to alter the hire to specify a different vessel if you still wish to retain the mooring site (regulation 17(2)).

7. Manage assignment and corporate changes (regulation 12)

• Obtain written approval from the controlling authority before assigning, selling or disposing rights associated with the mooring site (regulation 12(1)). For corporate hirers, recognise that any change affecting beneficial ownership of one half or more of the shares in capital is treated as an assignment (regulation 12(2)). Plan corporate transactions accordingly.

8. Secure consents and control use (regulation 16)

• Do not allow third parties to secure vessels to your hired mooring without your consent (regulation 16(1)). If you wish to permit additional craft such as tenders, ensure compliance with the tender exception (regulation 16(3)) and seek controlling authority approval for any use outside permitted scenarios (regulation 16(2)).

9. Prepare for relocation or removal requests (regulations 9, 11, 14, 18)

• If the controlling authority requests relocation, act within one month or within any lesser period reasonably required (regulation 9). Maintain operational readiness for relocation to avoid forced removal.
• If you surrender a mooring, remove apparatus within one month to avoid removal and destruction by the controlling authority (regulation 18(2)).
• If you cannot be contacted or fail to repair/remove a dangerous or deteriorated mooring, the controlling authority may remove/destroy it (regulation 11). Maintain up-to-date contact details to avoid this outcome.

10. Monitor waivers, refunds and authorised fee officers (regulations 20-24)

• If seeking or affected by fee waivers, check the Department website for written instruments granting waivers while they are in effect and for 12 months after (regulation 22(1)). Understand that waivers are not subsidiary legislation but are valid instruments (regulation 21(3)).
• If paid fees might be refunded, check whether the controlling authority has specified consequences of the refund on rights and obligations (regulation 24(2)), particularly before surrendering a site.

11. Keep records and paperwork

• Maintain application copies, payment notices, inspection reports, correspondence with the controlling authority, notices of surrender, and any approvals or directions. These documents are essential in disputes and to show compliance with notification deadlines (seven days, 28 days, one month).

12. Be aware of collision-rule exceptions

• Operators should reconcile requirements under the Prevention of Collisions in State Waters Regulations 1983 with the exceptions for moored vessels in regulation 16A(2). Ensure vessel lighting and signalling practices reflect the applicable rule set.

13. Seek clarity and advice where discretionary decisions are involved

• Where controlling authority decisions are discretionary (approval for installation, termination in the public interest, directions about floats) consider seeking written reasons, clarifying the basis of decision, and, if necessary, preparing materials to demonstrate appropriateness and compliance.

14. For controlling authorities: document delegation and designation

• If delegating fee-related functions, create written designations for authorised fee officers that specify the scope and conditions of authority (regulation 20(1)-(2)). Ensure any designated officer acts within the terms of their designation (regulation 20(3)).

Following these steps aligns practice with the express requirements in the regulations and reduces the risk of administrative action, removal of mooring apparatus or financial dispute. Where uncertainties or high-value consequences exist, professional legal advice and proactive engagement with the controlling authority are prudent.