Part 9Transitional provisions

Part 9 — Transitional provisions 52. *Shipping and Pilotage Amendment Act 2006*, provisions for 50 Schedule 1A — Declared ports Division 1 — Name and limits of port Division 2 — Copies of plans Schedule 2 — Signals to be displayed on vessels Schedule 3 — Fees and charges Division 2 — Conservancy dues Schedule 4 — Specified countries Schedule 5 — Specified documents Schedule 6 — Forms Notes Compilation table 73 Other notes 80 Defined terms Shipping and Pilotage Act 1967 ## Part 1 — Preliminary [Heading inserted: Gazette 4 Jun 2010 p. 2424.] ##### 1. Citation These regulations may be cited as the *Shipping and Pilotage (Ports and Harbours) Regulations 1966*. [Regulation 1 amended: Gazette 24 Jun 2005 p. 2774; 4 Jun 2010 p. 2424.] [**2.** Deleted: Gazette 4 Jun 2010 p. 2424.] ##### 3. Port Walcott, charges for pilotage at [(1), (2) deleted] (3) No charges are payable under these regulations in respect of any pilotage service provided at Port Walcott where a charge is payable in respect of the service under the *Iron Ore (Robe River) Cape Lambert Ore and Service Wharves By‑laws 1995*. [Regulation 3 inserted: Gazette 24 Sep 1971 p. 3580; amended: Gazette 31 Mar 1995 p. 1175; 25 Jun 2004 p. 2266; 4 Jun 2010 p. 2424.] ##### 4. Terms used In these regulations unless the contrary intention appears — approved means approved by the CEO; certificate means a pilotage exemption certificate issued under regulation 16; certificate of health means a valid Certificate of Medical Fitness under Part 9 of the Marine Orders made under the *Navigation Act 1912* (Commonwealth); coasting vessel means a vessel solely employed in trade between ports of the State; exempt master, in relation to a vessel, means a master who holds a valid pilotage exemption certificate for a pilotage area; gross registered tonnage means the gross registered tonnage of a vessel calculated or determined in accordance with regulation 18A; International Tonnage Certificate (1969) means a certificate issued pursuant to Article 7 or 8 of the International Convention on Tonnage Measurement of Ships (1969) as set out in Schedule 8 to the *Navigation Act 1912* of the Commonwealth, as amended; interstate vessel means a vessel solely employed in trading between ports of the Commonwealth, other than solely between ports in the State, or of New Zealand and ports of the State; length overall, in relation to a vessel, means the length of the vessel measured parallel to the static load waterline from the fore side of the stem to the after side of the stern or transom, excluding rubbing strakes and other projections; licensed pilot, in relation to a vessel in a pilotage area, means a person who holds a licence under Part 5 to act as a pilot for — (a) the pilotage area; and (b) if conditions relating to the size of vessels are imposed on the licence — a vessel of that size; master in relation to a vessel, means the person for the time being having the command, charge, custody or control of the vessel; owner in relation to a vessel, includes the authorised agent of the owner; passenger means any person carried in a vessel, other than as the master, a seaman or indentured apprentice; subject port, in relation to an application for a pilotage exemption certificate, means a port for which the certificate is sought; surveyor means a person appointed by the Governor to act as a surveyor of vessels and machinery; tons or tonnage, in relation to a British registered vessel, means the gross registered tons or tonnage calculated in accordance with the British measurement of registered tonnage, and, in relation to any other vessel, means the gross registered tons or tonnage calculated in accordance with the standard of measurement adopted by the authority by which the vessel is registered; vessel includes ship, hulk, boat, barge, lighter, flat and any other type of craft howsoever propelled; vessel of war means a vessel built for combatant service or converted for that purpose and tankers conveying fuel oil for such a vessel, if the vessel is owned or otherwise directly managed or controlled by the Government of the United Kingdom or of any of Her Majesty’s States, Dominions or Colonies, or by the Government of any foreign country which is a party with Her Majesty to any military alliance and not engaged in trade, but does not include a vessel used solely for the transport of troops, stores or equipment; Western Australian Land Information Authority means the Western Australian Land Information Authority established by the *Land Information Authority Act 2006*; wharf includes any jetty or structure to which a vessel may be made fast or on which passengers, cargo or merchandise may be loaded or discharged. [Regulation 4 amended: Gazette 10 Aug 1979 p. 2433; 28 Aug 1981 p. 3574; 21 May 1982 p. 1579; 10 Dec 1982 p. 4799; 19 Jul 1991 p. 3644; 11 Aug 1992 p. 3975; 6 Aug 1993 p. 4276; 4 Jun 2010 p. 2424‑5; 16 Sep 2016 p. 3944.] ##### 5A. Ports declared (Act s. 10) An area of water, or land and water specified in Schedule 1A Division 1 is declared to be a port for the purposes of the Act. [Regulation 5A inserted: Gazette 4 Jun 2010 p. 2425.] ## Part 2 — Appointment of harbour masters and deputy harbour masters [Heading inserted: Gazette 4 Jun 2010 p. 2426.] ##### 5B. Harbour masters and deputy harbour masters, appointment of (1) The Minister may appoint a person to be a harbour master or deputy harbour master of a port only if the person meets the requirement under subregulation (2). (2) A person meets the requirement under this subregulation if the person — (a) holds, or has held, a certificate of competency, or a certificate of recognition, of the grade of Master issued under Part 3 of the Marine Orders made under the *Navigation Act 1912* (Commonwealth); or (b) otherwise possesses the skills and experience that demonstrate, to the satisfaction of the Minister, the person’s competency to perform the functions of a harbour master, or deputy harbour master, of the port, as the case requires. [Regulation 5B inserted: Gazette 4 Jun 2010 p. 2426; amended: Gazette 29 Oct 2010 p. 5332.] ##### 5C. Conditions of appointment (1) The Minister may appoint a person to be a harbour master or deputy harbour master subject to any conditions that the Minister considers necessary to impose, as specified in the instrument of appointment. (2) The Minister may, at any time by written notice given to a harbour master or deputy harbour master, impose a new condition on his or her appointment or amend or revoke any condition imposed. [Regulation 5C inserted: Gazette 4 Jun 2010 p. 2426‑7.] ##### 5D. Duration of appointment An appointment of a harbour master or deputy harbour master has effect until — (a) the appointee resigns by written notice given to the Minister; or (b) the appointment is revoked by the Minister; or (c) the appointment is otherwise terminated in accordance with its terms and conditions. [Regulation 5D inserted: Gazette 4 Jun 2010 p. 2427.] Note for this regulation: