What it does
The Western Australian Marine Act 1982 (the Act) is the principal statute regulating navigation, safety, and related activities in State waters. Its long title states it is "An Act to regulate navigation of, and to provide for the safe use of, waters in or relating to the State, and for related purposes" (inserted by No. 24 of 2023 s. 37). It applies to vessels in State waters and vessels connected with the State (s. 3A(1)), with State waters defined to include the territorial sea, coastal waters, and internal waters (s. 3(1)).
The Act is divided into ten Parts. Part 1 contains preliminary provisions, including over 50 defined terms (s. 3(1)), application to Crown and exclusion of naval vessels (ss. 4–5), and the relationship with the Domestic Commercial Vessel National Law (s. 3B, inserted by No. 24 of 2023 s. 40), which prevails in case of inconsistency.
Part 2 (inserted by No. 24 of 2023 s. 42) confers extensive powers on inspectors. Subdivision 1 allows warrantless boarding of vessels (s. 7), questioning of masters (s. 8), search, inspection, sampling, and seizure (ss. 9–11). Subdivision 2 requires consent or warrant for premises (ss. 12–17). Subdivision 4 (inserted by No. 31 of 2023 s. 7) provides for orders to produce business records (ss. 18A–18H). Division 3 allows directions (s. 19) and improvement notices (ss. 22–23). Division 4 contains procedural safeguards for entry, warrants, securing things, and seizure (ss. 24–42). These powers are grounded in the purpose of determining compliance and protecting safety and the environment.
Part 3 addresses core marine powers and duties. It includes powers to stop and search vessels (s. 57), inspect logs (s. 58), detain unsafe pleasure or prescribed vessels (ss. 58B, 61–63C, inserted by No. 24 of 2023 s. 49), and duties following marine incidents (ss. 64–64D, with crimes for failure to stand by or report where death or grievous bodily harm occurs – ss. 64A(2), 64B(3A)). It regulates mooring, closure of waters, speed limits, and offences such as unlawful control (s. 60) and being on board unlawfully (s. 70).