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This is a Bill, not an Act. For current law, see the Acts databases.


PORTS AND MARINE LEGISLATION AMENDMENT BILL 2003

                         Western Australia


     Ports and Marine Legislation Amendment
                    Bill 2003

                            CONTENTS


        Part 1 -- Preliminary
1.      Short title                                2
2.      Commencement                               2
        Part 2 -- Port Authorities Act 1999
             amended
3.      The Act amended                            3
4.      Section 25 amended and saving              3
5.      Section 27A inserted                       3
6.      Section 30 amended                         4
7.      Part 7 Divisions 6 and 7 inserted          4
8.      Section 131 amended                        7
9.      Schedule 7 amended                         7
        Part 3 -- Pollution of Waters by Oil and
             Noxious Substances Act 1987
             amended
10.     The Act amended                            8
11.     Section 3 amended                          8
12.     Section 6 amended                          8
13.     Section 27 amended                         9
14.     Section 28 amended                        10




                              171--1               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



    Ports and Marine Legislation Amendment
                   Bill 2003


                               A Bill for


An Act to amend the --
•  Port Authorities Act 1999; and
•  Pollution of Waters by Oil and Noxious Substances Act 1987,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Ports and Marine Legislation Amendment Bill 2003
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Ports and Marine Legislation
                Amendment Act 2003.

5    2.         Commencement
          (1)   This Act, other than sections 5, 6 and 7, comes into operation on
                the day on which it receives the Royal Assent.
          (2)   Sections 5 and 6 are deemed to have come into operation on
                14 August 1999.
10        (3)   Section 7 comes into operation on a day to be fixed by
                proclamation.




     page 2
                                  Ports and Marine Legislation Amendment Bill 2003
                                   Port Authorities Act 1999 amended        Part 2

                                                                                    s. 3



                Part 2 -- Port Authorities Act 1999 amended
     3.          The Act amended
                 The amendments in this Part are to the Port Authorities
                 Act 1999*.
5                [* Act No. 22 of 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 295, and Act No. 20 of 2002.]

     4.          Section 25 amended and saving
          (1)    Section 25(1)(b) is deleted and the following paragraph is
10               inserted instead --
                     "
                          (b)    all navigational aids that, immediately before
                                 the coming into operation of section 4 of the
                                 Ports and Marine Legislation Amendment
15                               Act 2003 --
                                    (i) were in the port, or used in connection
                                         with navigation into or out of the port;
                                         and
                                   (ii) belonged to the State;
20                                                                                   ".
          (2)    The amendment made by subsection (1) does not affect the
                 operation of the Port Authorities (Withdrawal and Revesting of
                 Property) Order 2000 published in the Gazette on 2 June 2000.

     5.          Section 27A inserted
25               After section 27 the following section is inserted --
     "
            27A.         Creating interests in land
                         The power of a port authority to grant easements,
                         leases or licences in respect of port land extends to


                                                                                 page 3
     Ports and Marine Legislation Amendment Bill 2003
     Part 2         Port Authorities Act 1999 amended

     s. 6



                        easements, leases or licences for any purposes the port
                        authority thinks fit.
                                                                                  ".

     6.       Section 30 amended
5             Section 30(2) is amended after paragraph (a) by deleting "or"
              and inserting --
                    "
                        (aa)   to use or exploit its fixed assets for profit so
                               long as the proper performance of its functions
10                             under subsection (1) is not affected; or
                                                                                  ".

     7.       Part 7 Divisions 6 and 7 inserted
              After section 114 the following Divisions are inserted in
              Part 7 --
15   "

              Division 6 -- Powers of police officers and
                              others
            114A.       Police officers and others may enter vessels and
                        conduct examinations and enquiries
20            (1)       An authorised officer may at any time enter a vessel in
                        a port and conduct any examination or enquiry that the
                        authorised officer considers necessary to determine
                        whether there has been compliance with this Act.
              (2)       In this section --
25                      "authorised officer" means --
                            (a) a police officer; or
                            (b) a member of staff of the port authority, or
                                 another person, authorised by the port
                                 authority for the purposes of this section.


     page 4
                      Ports and Marine Legislation Amendment Bill 2003
                       Port Authorities Act 1999 amended        Part 2

                                                                            s. 7



              Division 7 -- Protection from liability
     114B.   Immunity from liability for damage to vessels
       (1)   Without limiting any other provision of this Part, a port
             authority is not liable for any loss or damage caused to
5            a vessel in its port.
       (2)   Without limiting subsection (1) or any other provision
             of this Part, a port authority is not liable for any loss or
             damage caused to a vessel in its port --
               (a) that results from --
10                      (i) the master of the vessel complying with
                              a direction given in good faith; or
                       (ii) a thing done or omitted to be done in
                              good faith in respect of the vessel,
                      by the harbour master or a member of the staff
15                    of the port authority; or
               (b) that results from a defect in a mooring,
                      anchorage or berth, or anything else, provided
                      by the port authority.

     114C.   Immunity from liability for damaged goods
20     (1)   A port authority is not liable for any loss or damage
             caused to any goods that a person (other than the port
             authority) --
               (a) loads on to or unloads from a vessel at the port;
                     or
25             (b) stores at the port.
       (2)   The port authority does not become liable for any loss
             or damage caused to any goods referred to in
             subsection (1)(b) stored in an uncovered or unprotected
             manner at the port because the port authority provides,
30           or attempts to provide, any temporary cover or
             protection for those goods.

                                                                      page 5
     Ports and Marine Legislation Amendment Bill 2003
     Part 2         Port Authorities Act 1999 amended

     s. 7



            114D.   Immunity from liability for delay in delivery of
                    goods
                    A port authority is not liable for any loss caused by or
                    relating to a delay in the delivery of any goods loaded
5                   on to or unloaded from a vessel at the port.
            114E.   Immunity from liability for certain events and
                    actions
              (1)   A port authority is not liable for any loss or damage
                    resulting from an event outside the control of the port
10                  authority, including --
                      (a) an act of God;
                      (b) an act of war;
                      (c) an act of public enemies;
                      (d) any insurrection, revolution or civil disorder;
15                    (e) the unlawful seizure or control of any people or
                            any vessels, vehicles or other property;
                       (f) any industrial disputes of any kind, including
                            strikes, lockouts, stoppages or restraints of
                            labour (whether partial or general) from any
20                          cause; or
                      (g) the use for the purpose of war or defence, or
                            training or preparation for war or defence, of
                            any port facilities or other property of the port
                            authority.
25            (2)   A port authority is not liable for any loss or damage
                    resulting from any action taken or caused to be taken
                    by the port authority under section 27 or 28 of the
                    Pollution of Waters by Oil and Noxious Substances
                    Act 1987.
30                                                                              ".




     page 6
                                Ports and Marine Legislation Amendment Bill 2003
                                 Port Authorities Act 1999 amended        Part 2

                                                                                     s. 8



     8.         Section 131 amended
                Section 131(2) is amended after paragraph (a) by deleting "or"
                and inserting --
                    "
5                       (aa)   obstructs, impedes or interferes with --
                                 (i) port facilities or other property of a port
                                      authority; or
                                (ii) the operation of port facilities or other
                                      property of a port authority;
10                      (ab)   causes a nuisance in a port; or
                                                                                      ".

     9.         Schedule 7 amended
                Schedule 7 item 39 is deleted and the following item is inserted
                instead --
15   "
          39.        The protection of port facilities or other property of a port
                     authority.
                                                                                      ".




                                                                                 page 7
     Ports and Marine Legislation Amendment Bill 2003
     Part 3         Pollution of Waters by Oil and Noxious Substances Act 1987
                    amended

     s. 10


             Part 3 -- Pollution of Waters by Oil and Noxious
                     Substances Act 1987 amended
     10.             The Act amended
                     The amendments in this Part are to the Pollution of Waters by
5                    Oil and Noxious Substances Act 1987*.
                     [* Reprinted as at 12 October 2001.]

     11.             Section 3 amended
           (1)       Section 3(1) is amended in the definition of "harbour master" by
                     deleting "22 of the Ports (Functions) Act 1993" and inserting
10                   instead --
                     "     102 of the Port Authorities Act 1999 ".
           (2)       Section 3(1) is amended by inserting in the appropriate
                     alphabetical position the following definition --
                     "
15                          "port authority" means a port authority established
                                under the Port Authorities Act 1999;
                                                                                       ".

     12.             Section 6 amended
                     After section 6(3) the following subsection is inserted --
20               "
                     (4)    Without limiting subsection (1), a delegation under that
                            subsection may be made to a port authority and, in that
                            case, the port authority is authorised to exercise the
                            power or powers so delegated.
25                                                                                     ".




     page 8
                              Ports and Marine Legislation Amendment Bill 2003
       Pollution of Waters by Oil and Noxious Substances Act 1987       Part 3
                                                        amended

                                                                                   s. 13


     13.         Section 27 amended
           (1)   Section 27(1) is amended as follows:
                     (a)    by inserting before "the appropriate authority" --
                 "
5                          or the appropriate authority is of the opinion that there
                           is a probability of such a discharge occurring,
                                                                                       ";
                     (b)    in paragraph (e) by deleting "dispose" and inserting
                            instead --
10                          " disperse ".
           (2)   Section 27(2) is amended as follows:
                  (a) in paragraph (a) by deleting "from which the discharge
                        occurred" and inserting instead --
                        " concerned ";
15                (b) in paragraph (b) by deleting "on land from which the
                        discharge occurred" and inserting instead --
                        " concerned ";
                  (c) in paragraph (c) by deleting "from which the discharge
                        occurred" and inserting instead --
20                      " concerned ".
           (3)   Section 27(3)(b) is amended by deleting "the discharge" and
                 inserting instead --
                 " a discharge ".
           (4)   Section 27(5) is amended as follows:
25                (a) in paragraph (a) by inserting after "occurs" --
                        " or is anticipated ";
                  (b) in paragraph (a) by deleting "established under an Act";
                  (c) in paragraph (b) by inserting after "occurs" --
                        " or is anticipated ".



                                                                                 page 9
     Ports and Marine Legislation Amendment Bill 2003
     Part 3         Pollution of Waters by Oil and Noxious Substances Act 1987
                    amended

     s. 14


     14.              Section 28 amended
           (1)        Section 28(1) is repealed and the following subsections are
                      inserted instead --
                 "
5                     (1)   Where a discharge occurs into State waters from a ship
                            or from transfer apparatus, or the appropriate authority
                            is of the opinion that there is a probability of such a
                            discharge occurring, the appropriate authority may take
                            or cause to be taken such action as it thinks fit --
10                             (a) to prevent or limit the discharge;
                              (b) to disperse or contain the substance or mixture
                                     that has been discharged;
                               (c) to remove any liquid substance or mixture
                                     containing a liquid substance from waters or
15                                   land affected by the discharge; or
                              (d) to minimize the damage from pollution
                                     resulting from or likely to result from the
                                     discharge.
                     (1a)   In subsection (1) --
20                          "discharge" means a discharge of a liquid substance,
                                 or of a mixture containing a liquid substance,
                                 being a substance or mixture carried as cargo or
                                 part cargo in bulk;
                            "transfer apparatus" means apparatus used for
25                               transferring liquid substances or mixtures
                                 containing liquid substances from or to any ship.
                                                                                       ".
           (2)        Section 28(2) is amended as follows:
                       (a) in paragraph (a) by deleting "from which the discharge
30                           occurred" and inserting instead --
                             " concerned ";




     page 10
                            Ports and Marine Legislation Amendment Bill 2003
     Pollution of Waters by Oil and Noxious Substances Act 1987       Part 3
                                                      amended

                                                                        s. 14


               (b)   in paragraph (b) by deleting "from which the discharge
                     occurred" and inserting instead --
                     " concerned ".
     (3)   Section 28(4)(b) is amended by deleting "the discharge" and
5          inserting instead --
           "    a discharge ".
     (4)   Section 28(6) is amended as follows:
            (a) in paragraph (a) by inserting after "occurs" --
                  " or is anticipated ";
10          (b) in paragraph (a) by deleting "established under an Act";
            (c) in paragraph (b) by inserting after "occurs" --
                  " or is anticipated ".




 


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