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


PORTS LEGISLATION AMENDMENT BILL 2017

                    Western Australia


 Ports Legislation Amendment Bill 2017

                        Contents

      Part 1 -- Preliminary
1.    Short title                                                   2
2.    Commencement                                                  2
      Part 2 -- Jetties Act 1926 amended
3.    Act amended                                                   3
4.    Section 3 amended                                             3
5.    Section 4 amended                                             3
6.    Section 5 amended                                             3
7.    Section 6 amended                                             4
8.    Section 7AA inserted                                          4
      7AA.     Leases and licences cannot be granted in
               respect of jetties in port authority ports     4
9.    Section 8 amended                                             4
10.   Section 8A amended                                            5
11.   Section 9 amended                                             5
12.   Section 10 amended                                            5
13.   Section 11 amended                                            5
14.   Section 12 amended                                            6
15.   Sections 13 and 14 inserted                                   6
      13.      Transitional provision for Ports Legislation
               Amendment Act 2017                              6
      14.      Validation of prescribed instruments           15

      Part 3 -- Lights (Navigation
           Protection) Act 1938 amended
16.   Act amended                                                  17
17.   Section 2 amended                                            17
18.   Section 3 amended                                            18
19.   Section 4 amended                                            18
20.   Section 7 amended                                            18


                           52--2                                    page i
Ports Legislation Amendment Bill 2017



Contents



      21.     Sections 8 and 9 inserted                                  19
              8.       Delegation                                   19
              9.       Regulations                                  19
      22.     Various references to "port authority" replaced            20
              Part 4 -- Marine and Harbours
                   Act 1981 amended
              Division 1 -- Preliminary
      23.     Act amended                                                21
              Division 2 -- General
      24.     Section 3 amended                                          21
      25.     Section 5 amended                                          21
      26.     Section 5A amended                                         23
      27.     Section 5B amended                                         23
      28.     Section 14 amended                                         23
      29.     Section 14A amended                                        24
      30.     Section 18A amended                                        24
      31.     Section 18B amended                                        25
      32.     Section 19 amended                                         25
      33.     Various references to "authorised officer" replaced        26
              Division 3 -- Amendments related to Part 6
      34.     Section 5A deleted                                         27
      35.     Section 14A deleted                                        27
              Part 5 -- Marine Navigational Aids
                   Act 1973 amended
      36.     Act amended                                                28
      37.     Section 2 amended                                          28
      38.     Section 3 amended                                          28
      39.     Section 3A amended                                         29
      40.     Section 5 amended                                          29
      41.     Sections 6 and 7 inserted                                  30
              6.       Delegation                                   30
              7.       Regulations                                  30

              Part 6 -- Port Authorities
                   Act 1999 amended
      42.     Act amended                                                32
      43.     Section 3 amended                                          32
      44.     Section 25 amended                                         32

page ii
                              Ports Legislation Amendment Bill 2017



                                                                  Contents



45.   Section 31 amended                                             33
46.   Section 40 amended                                             33
47.   Section 60 amended                                             33
48.   Section 96 amended                                             34
49.   Section 138 amended                                            34
50.   Schedule 1 amended                                             34
51.   Schedule 8 Division 2 inserted                                 36
      Division 2 -- Provisions for Ports Legislation
             Amendment Act 2017
      Subdivision 1 -- Preliminary
      52.       Terms used                                   36
      Subdivision 2 -- Transfer of control and
             management of some existing ports to port
             authorities
      53.       Terms used                                   39
      54.       Port transfer: preliminary requirements      39
      55.       Port authority to implement and facilitate
                port transfer                                40
      56.       Cessation of responsibility for port         40
      57.       Vesting of land, seabed and water in port
                authority                                    41
      58.       Minister may make transitional orders        41
      59.       Amending transitional order                  43
      60.       Provisions as to assets and liabilities      45
      61.       Provisions as to agreements and
                proceedings                                  47
      62.       Navigational aids                            48
      63.       Harbour masters and deputy harbour
                masters                                      48
      64.       Pilotage: existing licences                  48
      65.       Pilotage: existing exemption certificates    50
      66.       Jetty licences                               51
      Subdivision 3 -- General provisions
      67.       Registration of documents                    53
      68.       Exemption from State taxes                   53
      69.       Transitional regulations                     54
      70.       Saving                                       55
      71.       Effect of affecting provisions               55
      72.       No exclusion of operation of affecting
                provisions                                   55
      73.       Effect of continued easements, leases and
                licences                                     56
      74.       Government agreements not affected           56
      75.       Preservation of mining, petroleum and
                other rights                                 56
      76.       Transitional provision for Schedule 9        57



                                                                   page iii
Ports Legislation Amendment Bill 2017



Contents



      52.     Schedule 9 amended                             57
              Part 7 -- Shipping and Pilotage
                   Act 1967 amended
      53.     Act amended                                    59
      54.     Long title amended                             59
      55.     Section 3 amended                              59
      56.     Section 7B amended                             59
      57.     Section 9A amended                             59
      58.     Section 10 amended                             60
      59.     Section 12 amended                             60
      60.     Various references to "fishing boat harbour"
              replaced                                       60
      61.     Various references to "Department" replaced    61
              Part 8 -- Western Australian Marine
                   Act 1982 amended
      62.     Act amended                                    62
      63.     Section 118 amended                            62
      64.     Section 132 amended                            62




page iv
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)

       Ports Legislation Amendment Bill 2017

                               A Bill for


An Act to amend --
 the Jetties Act 1926; and
 the Lights (Navigation Protection) Act 1938; and
 the Marine and Harbours Act 1981; and
 the Marine Navigational Aids Act 1973; and
 the Port Authorities Act 1999; and
 the Shipping and Pilotage Act 1967; and
 the Western Australian Marine Act 1982.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Ports Legislation Amendment Bill 2017
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Ports Legislation Amendment Act 2017.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) Part 1 -- on the day on which this Act receives the
7                    Royal Assent (assent day);
8              (b) Parts 2, 3, 4 (other than Division 3), 5, 6 (other than
9                    section 50), 7 (other than section 56) and 8 -- on the
10                   day after assent day;
11             (c) Part 4 Division 3 -- when section 50(3)(b) comes into
12                   operation;
13             (d) section 56 --
14                      (i) if the Shipping and Pilotage Amendment
15                           Act 2006 section 8 (section 8) comes into
16                           operation before the day on which section 60
17                           comes into operation -- when section 60 comes
18                           into operation; or
19                     (ii) otherwise -- immediately after section 8 comes
20                           into operation;
21             (e) the rest of the Act -- on a day fixed by proclamation,
22                   and different days may be fixed for different provisions.




     page 2
                                           Ports Legislation Amendment Bill 2017
                                          Jetties Act 1926 amended        Part 2

                                                                                 s. 3



1                   Part 2 -- Jetties Act 1926 amended
2    3.         Act amended
3               This Part amends the Jetties Act 1926.

4    4.         Section 3 amended
5               In section 3 insert in alphabetical order:
6

7                      port authority means a port authority established under
8                      the Port Authorities Act 1999;
9


10   5.         Section 4 amended
11        (1)   In section 4(5) delete "and preservation" and insert:
12

13              preservation, replacement and removal
14

15        (2)   In section 4(15) delete "$500" and insert:
16

17              a fine of $12 000
18


19   6.         Section 5 amended
20        (1)   In section 5(1)(d):
21                (a) after "(13)," insert:
22

23                      (13a),
24

25               (b)    delete "jetties;" and insert:
26

27                      jetties.
28



                                                                          page 3
     Ports Legislation Amendment Bill 2017
     Part 2          Jetties Act 1926 amended

     s. 7



1         (2)   Delete section 5(1)(e).

2    7.         Section 6 amended
3         (1)   Delete section 6(1)(a).
4         (2)   After section 6(2) insert:
5

6               (3)   Subsection (1)(c) does not affect the operation of the
7                     Marine and Harbours Act 1981.
8

9               Note: The heading to amended section 6 is to read:
10                    Acquisition, lease, closure and removal of jetties

11   8.         Section 7AA inserted
12              After section 7 insert:
13


14          7AA.      Leases and licences cannot be granted in respect of
15                    jetties in port authority ports
16              (1)   This Act, other than sections 13 and 14, does not apply
17                    to a jetty wholly or partly within the boundaries of a
18                    port as defined in the Port Authorities Act 1999
19                    section 3(1), and a lease or licence cannot be granted
20                    under this Act in respect of such a jetty.
21              (2)   Subsection (1) is enacted to avoid doubt and does not
22                    limit the Port Authorities Act 1999 section 32.
23


24   9.         Section 8 amended
25              In section 8 in the Penalty delete "$2 000." and insert:
26

27              a fine of $12 000.
28




     page 4
                                          Ports Legislation Amendment Bill 2017
                                         Jetties Act 1926 amended        Part 2

                                                                          s. 10



1    10.    Section 8A amended
2           Before section 8A(1) insert:
3

4          (1A)     In this section --
5                   materials includes fixtures and fittings.
6


7    11.    Section 9 amended
8           In section 9:
9             (a) delete "$500" and insert:
10

11                   a fine of $12 000
12

13            (b)    delete "the commissioners of a harbour trust or members
14                   of the harbour board." and insert:
15

16                   a port authority.
17


18   12.    Section 10 amended
19          In section 10 in the Penalty delete "$2 000." and insert:
20

21          a fine of $12 000.
22


23   13.    Section 11 amended
24          In section 11 in the Penalty delete "$2 000." and insert:
25

26          a fine of $12 000.
27




                                                                        page 5
     Ports Legislation Amendment Bill 2017
     Part 2          Jetties Act 1926 amended

     s. 14



1    14.           Section 12 amended
2                  In section 12(2) delete "$500" and insert:
3

4                  a fine of $12 000
5


6    15.           Sections 13 and 14 inserted
7                  After section 12 insert:
8


9            13.         Transitional provision for Ports Legislation
10                       Amendment Act 2017
11                 (1)   In this section --
12                       Agreements Minister means the Minister administering
13                       the Government Agreements Act 1979;
14                       Government agreement means an agreement referred
15                       to in paragraph (a) of the definition of Government
16                       agreement in the Government Agreements Act 1979
17                       section 2 and, if the agreement has been varied, means
18                       the agreement as varied;
19                       licence means a licence listed in the Table and, if any
20                       such licence has been renewed or varied, includes the
21                       licence as renewed or varied;
22                       relevant port authority, in relation to a licence, means
23                       the port authority mentioned in the item of the Table
24                       that lists that licence;
25                       renew a licence includes --
26                         (a) grant an extension of its term; and
27                         (b) grant a further licence to replace it;
28                       specified means specified by the regulations made for
29                       this section;
30                       Table means the Table to subsection (2).


     page 6
                              Ports Legislation Amendment Bill 2017
                             Jetties Act 1926 amended        Part 2

                                                                 s. 15



1   (2)   The licences in the Table are listed for the purposes of
2         this section.
3                                   Table
           Item    Licence                   Port authority

          1        LM4207 to Hamersley Pilbara Ports
                   Iron Pty Ltd relating  Authority
                   to the ore loading
                   wharf at Parker Point,
                   Dampier

          2        LM4149 to Hamersley Pilbara Ports
                   Iron Pty Ltd relating Authority
                   to the ore loading
                   wharf and layby berth
                   at East Intercourse
                   Island, Dampier

          3        LM4151 to Hamersley Pilbara Ports
                   Iron Pty Ltd relating   Authority
                   to the tug pens at East
                   Intercourse Island,
                   Dampier

          4        LM0342 to Woodside        Pilbara Ports
                   Petroleum                 Authority
                   Development Pty Ltd,
                   Woodside Oil Ltd,
                   Mid-Eastern Oil Ltd,
                   Shell Development
                   (Australia) Pty Ltd,
                   BHP Petroleum
                   (North West Shelf)
                   Pty Ltd, BP
                   Developments
                   Australia Limited,


                                                               page 7
Ports Legislation Amendment Bill 2017
Part 2          Jetties Act 1926 amended

s. 15




                Item    Licence                  Port authority
                        Chevron Asiatic
                        Limited and Japan
                        Australia LNG
                        (MIMI) Pty Ltd
                        relating to the jetty
                        (loading
                        facility-Withnell Bay)
                        at Burrup Peninsula,
                        Dampier

               5        LM0342 to Woodside       Pilbara Ports
                        Petroleum                Authority
                        Development Pty Ltd,
                        Woodside Oil Ltd,
                        Mid-Eastern Oil Ltd,
                        Shell Development
                        (Australia) Pty Ltd,
                        BHP Petroleum
                        (North West Shelf)
                        Pty Ltd, BP
                        Developments
                        Australia Limited,
                        Chevron Asiatic
                        Limited and Japan
                        Australia LNG
                        (MIMI) Pty Ltd
                        relating to the jetty
                        (LPG product loading
                        facility) at Mermaid
                        Sound, Burrup
                        Peninsula, Dampier

               6        LM0342 to Woodside       Pilbara Ports
                        Petroleum                Authority
                        Development Pty Ltd,


page 8
                  Ports Legislation Amendment Bill 2017
                 Jetties Act 1926 amended        Part 2

                                                    s. 15



Item   Licence                   Port authority
       Woodside Oil Ltd,
       Mid-Eastern Oil Ltd,
       Shell Development
       (Australia) Pty Ltd,
       BHP Petroleum
       (North West Shelf)
       Pty Ltd, BP
       Developments
       Australia Limited,
       Chevron Asiatic
       Limited and Japan
       Australia LNG
       (MIMI) Pty Ltd
       relating to the product
       loading facility (LNG)
       at Burrup Peninsula,
       Dampier

7      LM0342 to Woodside        Pilbara Ports
       Petroleum                 Authority
       Development Pty Ltd,
       Woodside Oil Ltd,
       Mid-Eastern Oil Ltd,
       Shell Development
       (Australia) Pty Ltd,
       BHP Petroleum
       (North West Shelf)
       Pty Ltd, BP
       Developments
       Australia Limited,
       Chevron Asiatic
       Limited and Japan
       Australia LNG
       (MIMI) Pty Ltd
       relating to the supply


                                                  page 9
Ports Legislation Amendment Bill 2017
Part 2          Jetties Act 1926 amended

s. 15




                Item    Licence                    Port authority
                        base refuelling facility
                        at King Bay, Burrup
                        Peninsula, Dampier

               8        LM0342 to Woodside         Pilbara Ports
                        Petroleum                  Authority
                        Development Pty Ltd,
                        Woodside Oil Ltd,
                        Mid-Eastern Oil Ltd,
                        Shell Development
                        (Australia) Pty Ltd,
                        BHP Petroleum
                        (North West Shelf)
                        Pty Ltd, BP
                        Developments
                        Australia Limited,
                        Chevron Asiatic
                        Limited and Japan
                        Australia LNG
                        (MIMI) Pty Ltd
                        relating to the small
                        boat landing facility at
                        King Bay, Burrup
                        Peninsula, Dampier

               9        LM1484 to Dampier          Pilbara Ports
                        Salt Limited relating      Authority
                        to one loading wharf
                        and one service wharf
                        at Mistaken Island,
                        Dampier

               10       LM1829 to BHP              Pilbara Ports
                        Billiton Minerals Pty      Authority
                        Ltd relating to the


page 10
                  Ports Legislation Amendment Bill 2017
                 Jetties Act 1926 amended        Part 2

                                                     s. 15



Item   Licence                   Port authority
       barge loading pad and
       slipway at Burgess
       Point, Port Hedland

11     LM1912 to BHP             Pilbara Ports
       Minerals Limited,         Authority
       Mitsui-Itochu Iron Pty
       Ltd and Itochu
       Minerals and Energy
       of Australia Pty Ltd
       relating to the jetty
       and wharf at Nelson
       Point, Port Hedland

12     LM3893 to BHP             Pilbara Ports
       Billiton Minerals Pty     Authority
       Ltd, Mitsui-Itochu
       Iron Pty Ltd and
       Itochu Minerals and
       Energy of Australia
       Pty Ltd relating to the
       wharf at Lot 1408
       Nelson Point, Port
       Hedland

13     LM1975 to Mermaid         Pilbara Ports
       Marine Australia Pty      Authority
       Ltd relating to the
       jetty at King Bay
       Groyne, Dampier

14     LM0219 to the             Pilbara Ports
       Hampton Harbour           Authority
       Boat and Sailing Club
       Inc relating to


                                                  page 11
Ports Legislation Amendment Bill 2017
Part 2          Jetties Act 1926 amended

s. 15




                Item    Licence                    Port authority
                        4 pontoons, 5 ramps
                        and one berth at
                        Hampton Harbour,
                        Dampier

               15       LM3771 to the              Pilbara Ports
                        Hampton Harbour            Authority
                        Boat and Sailing Club
                        Inc relating to the fuel
                        pipeline at Hampton
                        Harbour, Dampier

               16       LM1289 to the City of Pilbara Ports
                        Karratha relating to  Authority
                        4 lane boat ramp and
                        2 finger jetties at
                        Dampier

               17       LM3910 to the Town         Pilbara Ports
                        of Port Hedland            Authority
                        relating to the boat
                        ramp at Lot 250
                        Oyster Point,
                        Reserve 30909,
                        Finucane Island,
                        Port Hedland

               18       LM3191 to the Shire        Kimberley Ports
                        of Broome relating to      Authority
                        the boat ramp at Town
                        Beach Reserve,
                        Broome




page 12
                  Ports Legislation Amendment Bill 2017
                 Jetties Act 1926 amended        Part 2

                                                    s. 15



Item   Licence                  Port authority

19     LM4595 to the City of Mid West Ports
       Greater Geraldton     Authority
       relating to the jetty
       and 2 boat ramps
       adjacent to Francis
       Street, Geraldton

20     LM1902 to the City of Southern Ports
       Albany relating to the Authority
       boat launching ramp
       and walkway at Little
       Grove, Albany

21     LM2864 to the City of Southern Ports
       Albany relating to the Authority
       jetty at Ellen Cove,
       Middleton Beach,
       Albany

22     LM4602 to the City of Southern Ports
       Albany relating to the Authority
       swimming enclosure
       at Ellen Cove,
       Middleton Beach,
       Albany

23     LM1270 to the Shire      Southern Ports
       of Esperance relating    Authority
       to the Tanker Jetty at
       Esperance




                                                 page 13
     Ports Legislation Amendment Bill 2017
     Part 2          Jetties Act 1926 amended

     s. 15



1              (3)   On and from the day specified for this subsection in
2                    respect of a licence the following provisions apply to
3                    and in relation to that licence --
4                      (a) any power exercisable by, or in relation to, the
5                            grantor of the licence, whether --
6                               (i) under the licence; or
7                              (ii) under this Act in relation to the licence,
8                            is exercisable by, or in relation to, the relevant
9                            port authority instead of the grantor of the
10                           licence;
11                     (b) the functions of the relevant port authority are
12                           to be taken to extend to the exercise of powers
13                           for the purposes of this subsection;
14                     (c) it is to be taken to be a condition of the licence
15                           that the licensee must comply with any
16                           direction given by the relevant port authority to
17                           the extent that the direction is given to
18                           facilitate --
19                              (i) compliance by the relevant port
20                                    authority with a requirement under the
21                                    Port Authorities Act 1999; or
22                             (ii) performance by the relevant port
23                                    authority of its functions;
24                     (d) the rights and powers that the licensee had
25                           under the licence before the specified day are
26                           not adversely affected except to the extent (if
27                           any) requested or agreed under paragraph (e);
28                     (e) the power of the relevant port authority to
29                           renew or vary the licence may only be
30                           exercised at the request or with the agreement
31                           of the licensee.
32             (4)   This section does not prejudice or in any way affect
33                   any right or obligation of a party to a Government
34                   agreement.

     page 14
                                     Ports Legislation Amendment Bill 2017
                                    Jetties Act 1926 amended        Part 2

                                                                         s. 15



1          (5)   A day cannot be specified for subsection (3) in respect
2                of a licence listed in any of items 1 to 12 of the Table
3                except with the written concurrence of the Agreements
4                Minister.

5    14.         Validation of prescribed instruments
6          (1)   In this section --
7                instrument means a lease or licence granted, or
8                purporting to have been granted, under this Act in
9                respect of a jetty within or partly within the boundaries
10               of a port authority as defined in the Port Authorities
11               Act 1999 section 3(1) and, if any such lease or licence
12               has been renewed or varied, includes the lease or
13               licence as renewed or varied.
14         (2)   On and from the day on which regulations prescribing
15               an instrument for the purposes of this section come into
16               operation --
17                 (a) the instrument is to be taken to be, and since the
18                       commencement of the instrument to have
19                       always been, as valid and effective as if the
20                       jetty to which the instrument relates is, and
21                       since the commencement of the instrument has
22                       always been, a jetty to which this Act applies;
23                       and
24                 (b) the rights, obligations and liabilities of all
25                       persons under the instrument (including a right
26                       to renew the instrument) are to be taken to be,
27                       and since the commencement of the instrument
28                       to have always been, the same as if the jetty to
29                       which the instrument relates is, and since the
30                       commencement of the instrument has always
31                       been, a jetty to which this Act applies; and
32                 (c) anything done, or purportedly done, before that
33                       day as a result or consequence of, or in reliance
34                       on or in relation to, the instrument (including a

                                                                     page 15
     Ports Legislation Amendment Bill 2017
     Part 2          Jetties Act 1926 amended

     s. 15



1                           renewal, or purported renewal, of the
2                           instrument) is to be taken to be, and to have
3                           always been, as valid and effective as it would
4                           have been if the jetty to which the instrument
5                           relates were a jetty to which this Act applies
6                           when the thing was done or purportedly done.
7              (3)   In subsection (2)(c) a reference to the doing of
8                    anything includes a reference to an omission to do
9                    anything.
10




     page 16
                                             Ports Legislation Amendment Bill 2017
                    Lights (Navigation Protection) Act 1938 amended         Part 3

                                                                             s. 16



1                 Part 3 -- Lights (Navigation Protection)
2                           Act 1938 amended
3    16.         Act amended
4                This Part amends the Lights (Navigation Protection) Act 1938.

5    17.         Section 2 amended
6          (1)   In section 2 delete the definitions of:
7                Port Authority
8                Port or Harbour
9          (2)   In section 2 insert in alphabetical order:
10

11                     chief executive officer means the chief executive
12                     officer of the department;
13                     department means the department of the Public Service
14                     principally assisting the Minister in the administration
15                     of this Act;
16                     harbour includes a boat harbour declared under the
17                     Shipping and Pilotage Act 1967 section 10(2);
18                     port includes --
19                       (a) a port declared under the Shipping and Pilotage
20                             Act 1967 section 10(1); and
21                       (b) a port as defined in the Port Authorities
22                             Act 1999 section 3(1);
23                     port manager means --
24                       (a) in the case of a port under the control of a port
25                             authority established under the Port Authorities
26                             Act 1999 -- that port authority; or
27                       (b) in the case of any other port or a harbour -- the
28                             chief executive officer.
29




                                                                          page 17
     Ports Legislation Amendment Bill 2017
     Part 3          Lights (Navigation Protection) Act 1938 amended

     s. 18



1    18.       Section 3 amended
2              In section 3(4) delete the Penalty and insert:
3

4                      Penalty for this subsection: a fine of $12 000.
5                      Daily penalty for this subsection: a fine of $600.
6


7    19.       Section 4 amended
8              In section 4(3) delete the Penalty and insert:
9

10             Penalty for this subsection: a fine of $5 000.
11

12             Note: The heading to amended section 4 is to read:
13                     Port manager may cause requisitions of notice to be carried out

14   20.       Section 7 amended
15             In section 7:
16               (a) delete paragraph (a) and insert:
17

18                       (a)   in the case of a port under the control and
19                             management of a port authority established
20                             under the Port Authorities Act 1999 -- by a
21                             person authorised to do so by the port authority;
22                             or
23

24               (b)     in paragraph (b) delete the passage that begins with
25                       "officer" and ends with "1967." and insert:
26

27                       officer.
28




     page 18
                                               Ports Legislation Amendment Bill 2017
                      Lights (Navigation Protection) Act 1938 amended         Part 3

                                                                                  s. 21



1    21.        Sections 8 and 9 inserted
2               After section 7 insert:
3


4          8.           Delegation
5               (1)     The chief executive officer may delegate to a person
6                       any power or duty the chief executive officer has under
7                       another provision of this Act.
8               (2)     The delegation must be in writing signed by the chief
9                       executive officer.
10              (3)     A person to whom a power or duty is delegated under
11                      this section cannot delegate that power or duty.
12              (4)     A person exercising or performing a power or duty that
13                      has been delegated to the person under this section, is
14                      to be taken to do so in accordance with the terms of the
15                      delegation unless the contrary is shown.
16              (5)     Nothing in this section limits the ability of the chief
17                      executive officer to perform a function through an
18                      officer of the department or an agent.

19         9.           Regulations
20              (1)     The Governor may make regulations prescribing all
21                      matters that are required or permitted by this Act to be
22                      prescribed, or are necessary or convenient to be
23                      prescribed for giving effect to the purposes of this Act.
24              (2)     Without limiting subsection (1), the regulations may
25                      provide that contravention of a regulation is an offence
26                      and, for an offence against the regulations, provide for
27                      a penalty not exceeding a fine of $12 000.
28




                                                                              page 19
     Ports Legislation Amendment Bill 2017
     Part 3          Lights (Navigation Protection) Act 1938 amended

     s. 22



1    22.       Various references to "port authority" replaced
2              In the provisions listed in the Table:
3                (a) delete "port authority" (each occurrence) and insert:
4

5                         port manager
6

7               (b)       delete "port authority," (each occurrence) and insert:
8

9                         port manager,
10

11              (c)       delete "port authority." and insert:
12

13                        port manager.
14

15                                         Table
                s. 3(1)                             s. 4(1)

                s. 4(2)                             s. 4(3)

                s. 6




     page 20
                                           Ports Legislation Amendment Bill 2017
                            Marine and Harbours Act 1981 amended          Part 4
                                                      Preliminary    Division 1
                                                                            s. 23



1          Part 4 -- Marine and Harbours Act 1981 amended
2                             Division 1 -- Preliminary
3    23.         Act amended
4                This Part amends the Marine and Harbours Act 1981.

5                                Division 2 -- General
6    24.         Section 3 amended
7          (1)   In section 3 delete the definition of Port Authority.
8          (2)   In section 3 insert in alphabetical order:
9

10                     harbour includes a boat harbour declared under the
11                     Shipping and Pilotage Act 1967 section 10(2);
12                     inspector means an inspector designated under the
13                     Western Australian Marine Act 1982 section 117;
14                     port includes --
15                       (a) a port declared under the Shipping and Pilotage
16                             Act 1967 section 10(1); and
17                       (b) a port as defined in the Port Authorities
18                             Act 1999 section 3(1);
19                     Port Authority means a port authority established
20                     under the Port Authorities Act 1999.
21

22   25.         Section 5 amended
23         (1)   In section 5(1):
24                 (a) in paragraph (h) delete "fishing boat harbours within the
25                       State and to provide" and insert:
26

27                       harbours within the State and to provide, control,
28                       manage, operate and maintain
29


                                                                              page 21
     Ports Legislation Amendment Bill 2017
     Part 4          Marine and Harbours Act 1981 amended
     Division 2      General
     s. 25



1                (b)    after paragraph (h) insert:
2

3                      (ha)    to provide for the commercial development and
4                              promotion of the harbours referred to in
5                              paragraph (h); and
6

7                (c)    in paragraph (i) delete "to construct, provide," and
8                       insert:
9

10                      subject to subsection (1A), to construct, provide,
11                      control, manage, operate,
12

13               (d)    in paragraph (i)(iv) delete "fishing industry" and insert:
14

15                      boating
16

17               (e)    after paragraph (i) insert:
18

19                      (ia)   to provide for the commercial development and
20                             promotion of the facilities and services referred
21                             to in paragraph (i); and
22

23               (f)    in paragraph (j) delete "preserve and protect" and insert:
24

25                      preserve, protect, control, manage, operate and maintain
26                      any
27

28      (2)    After section 5(1) insert:
29

30            (1A)     Despite subsection (1), the Department cannot
31                     construct, provide, control, manage, operate or
32                     maintain port works in relation to a port (as defined in
33                     the Port Authorities Act 1999 section 3(1)) without the


     page 22
                                            Ports Legislation Amendment Bill 2017
                             Marine and Harbours Act 1981 amended          Part 4
                                                            General   Division 2
                                                                             s. 26



1                      agreement of the Port Authority that controls and
2                      manages that port.
3

4          (3)   In section 5(1) after each of paragraphs (a) to (i) insert:
5

6                and
7


8    26.         Section 5A amended
9                In section 5A(2) delete "ports of Broome and Wyndham as
10               ports." and insert:
11

12               port of Wyndham as a port.
13

14               Note: The heading to amended section 5A is to read:
15                     Provision of services at Wyndham

16   27.         Section 5B amended
17               In section 5B(3) delete the Penalty and insert:
18

19                     Penalty for this subsection: a fine of $5 000.
20


21   28.         Section 14 amended
22               In section 14(2) delete "trust accounts." and insert:
23

24               agency special purpose accounts.
25




                                                                               page 23
     Ports Legislation Amendment Bill 2017
     Part 4          Marine and Harbours Act 1981 amended
     Division 2      General
     s. 29



1    29.          Section 14A amended
2                 In section 14A(1) delete "ports of Broome and" and insert:
3

4                 port of
5


6    30.          Section 18A amended
7          (1)    In section 18A(1) delete "authorised officer is a reference to an
8                 officer of the Department" and insert:
9

10                authorised person is a reference to a person
11

12         (2)    In section 18A(2) after "18B," insert:
13

14                an inspector or
15

16         (3)    In section 18A(11) and (12) delete "subsection (1)" and insert:
17

18                subsection (2)
19

20         (4)    After section 18A(12) insert:
21

22               (13)   An inspector is to produce the certificate issued to that
23                      inspector under the Western Australian Marine
24                      Act 1982 section 118 whenever required to do so by a
25                      person to whom an infringement notice has been or is
26                      about to be given.
27




     page 24
                                              Ports Legislation Amendment Bill 2017
                               Marine and Harbours Act 1981 amended          Part 4
                                                              General   Division 2
                                                                               s. 31



1    31.         Section 18B amended
2          (1)   In section 18B(2):
3                  (a) in paragraph (b)(i) after "identifies to" insert:
4

5                        an inspector or
6

7                 (b)    in paragraph (b)(ii) after "satisfies" insert:
8

9                        an inspector or
10

11         (2)   In section 18B(3) delete the definition of authorised officer.
12         (3)   In section 18B(3) insert in alphabetical order:
13

14                      authorised person means an authorised person
15                      appointed for the purposes of section 18A(2);
16


17   32.         Section 19 amended
18         (1)   In section 19(1):
19                 (a) delete paragraph (g) and insert:
20

21                       (g)     prescribing the fees and charges to be paid for
22                               the following --
23                                  (i) any use of a departmental area, or a
24                                       facility within it, including, but not
25                                       limited to, the mooring, berthing or
26                                       storing of vessels within the
27                                       departmental area;
28                                 (ii) services provided by the Department;




                                                                             page 25
     Ports Legislation Amendment Bill 2017
     Part 4          Marine and Harbours Act 1981 amended
     Division 2      General
     s. 33



1                               (iii)   the parking of vehicles on departmental
2                                       land;
3                              and
4

5                 (b)    in paragraph (h) delete "$500" and insert:
6

7                        $12 000
8

9          (2)   In section 19(1) after each of paragraphs (a) to (f) insert:
10

11               and
12


13   33.         Various references to "authorised officer" replaced
14               In the provisions listed in the Table:
15                 (a) delete "authorised officer" (each occurrence) and insert:
16

17                       authorised person
18

19                (b)    delete "authorised officers" (each occurrence) and
20                       insert:
21

22                       authorised persons
23

24                                         Table
                  s. 18A(1)                    s. 18A(2)

                  s. 18A(3)(b)(ii)             s. 18A(3)(b)(iii)

                  s. 18A(5)                    s. 18A(7)




     page 26
                                    Ports Legislation Amendment Bill 2017
                     Marine and Harbours Act 1981 amended          Part 4
                               Amendments related to Part 6   Division 3
                                                                     s. 34



           s. 18A(11)                 s. 18A(12)

           s. 18B(2)(b)(i)            s. 18B(2)(b)(ii)

1           Division 3 -- Amendments related to Part 6
2   34.   Section 5A deleted
3         Delete section 5A.

4   35.   Section 14A deleted
5         Delete section 14A.




                                                                  page 27
     Ports Legislation Amendment Bill 2017
     Part 5          Marine Navigational Aids Act 1973 amended

     s. 36



1     Part 5 -- Marine Navigational Aids Act 1973 amended
2    36.         Act amended
3                This Part amends the Marine Navigational Aids Act 1973.

4    37.         Section 2 amended
5          (1)   In section 2 delete the definition of port authority.
6          (2)   In section 2 insert in alphabetical order:
7

8                       chief executive officer means the chief executive
9                       officer of the department;
10                      port authority means a port authority established under
11                      the Port Authorities Act 1999.
12


13   38.         Section 3 amended
14         (1)   In section 3(1):
15                 (a) delete the passage that begins with "The" and ends with
16                       "thereto --" and insert:
17

18                       The chief executive officer, and a port authority in
19                       relation to the approaches to a port under its control and
20                       management --
21

22                (b)    delete paragraph (a) and insert:
23

24                       (a)   may, subject to subsection (1A), establish any
25                             marine navigational aid; and
26




     page 28
                                             Ports Legislation Amendment Bill 2017
                          Marine Navigational Aids Act 1973 amended         Part 5

                                                                                  s. 39



1          (2)    After section 3(1) insert:
2

3                (1A)   The chief executive officer cannot establish a
4                       navigational aid within the boundaries of a port under
5                       the control and management of a port authority without
6                       the agreement of that port authority.
7

8          (3)    In section 3(2) and (3) delete "department" and insert:
9

10                chief executive officer
11

12         (4)    In section 3(1) after each of paragraphs (aa) and (b) insert:
13

14                and
15


16   39.          Section 3A amended
17                In section 3A(1) after "control" insert:
18

19                and management
20


21   40.          Section 5 amended
22         (1)    In section 5(1) after "which" insert:
23

24                causes damage to or
25

26         (2)    In section 5(1) delete the Penalty and insert:
27

28                      Penalty for this subsection: a fine of $12 000.
29




                                                                             page 29
     Ports Legislation Amendment Bill 2017
     Part 5          Marine Navigational Aids Act 1973 amended

     s. 41



1    41.          Sections 6 and 7 inserted
2                 After section 5 insert:
3


4            6.         Delegation
5                 (1)   The chief executive officer may delegate to an officer
6                       of the department any power or duty the chief
7                       executive officer has under another provision of
8                       this Act.
9                 (2)   The delegation must be in writing signed by the chief
10                      executive officer.
11                (3)   A person to whom a power or duty is delegated under
12                      this section cannot delegate that power or duty.
13                (4)   A person exercising or performing a power or duty that
14                      has been delegated to the person under this section, is
15                      to be taken to do so in accordance with the terms of the
16                      delegation unless the contrary is shown.
17                (5)   Nothing in this section limits the ability of the chief
18                      executive officer to perform a function through an
19                      officer of the department or an agent.

20           7.         Regulations
21                (1)   The Governor may make regulations prescribing all
22                      matters that are required or permitted by this Act to be
23                      prescribed, or are necessary or convenient to be
24                      prescribed for giving effect to the purposes of this Act.
25                (2)   Without limiting subsection (1), the regulations may
26                      provide for the following --
27                        (a) require a person to report the details of an
28                             incident that results in damage to a marine
29                             navigational aid;



     page 30
                        Ports Legislation Amendment Bill 2017
     Marine Navigational Aids Act 1973 amended         Part 5

                                                         s. 41



1    (b)   prohibit a person from attaching or fastening a
2          vessel or any other thing to a marine
3          navigational aid;
4    (c)   require a person, when directed to do so by an
5          inspector or an authorised person, to detach or
6          unfasten a vessel or any other thing attached or
7          fastened to a marine navigational aid;
8    (d)   prohibit a person from using a vessel or any
9          other thing in a way that might damage a
10         marine navigational aid;
11   (e)   provide that contravention of a regulation is an
12         offence and, for an offence against the
13         regulations, provide for a penalty not exceeding
14         a fine of $12 000;
15   (f)   provide that a person convicted of an offence
16         against the regulations may be ordered to pay
17         the amount of the damage to a marine
18         navigational aid caused by the commission of
19         the offence, or the cost of repairing, replacing
20         or reinstating the aid.
21




                                                      page 31
     Ports Legislation Amendment Bill 2017
     Part 6          Port Authorities Act 1999 amended

     s. 42



1                Part 6 -- Port Authorities Act 1999 amended
2    42.          Act amended
3                 This Part amends the Port Authorities Act 1999.

4    43.          Section 3 amended
5          (1)    In section 3(1) delete the definition of vested.
6          (2)    In section 3(1) insert in alphabetical order:
7

8                       vested means vested in a port authority under this Act;
9                       vested land includes vested seabed and vested water.
10

11         (3)    In section 3(1) in the definition of port land delete "land or land
12                acquired by a port authority;" and insert:
13

14                land, land acquired by a port authority or other land that
15                becomes the property of a port authority under this Act;
16


17   44.          Section 25 amended
18         (1)    Delete section 25(1)(b) and insert:
19

20                        (b)   in the case of a port that was named in
21                              Schedule 1 before the coming into operation of
22                              the Ports and Marine Legislation Amendment
23                              Act 2003 section 4, all navigational aids that,
24                              immediately before the coming into operation
25                              of that section --
26                                 (i) were in the port, or used in connection
27                                      with navigation into or out of the port;
28                                      and
29                                (ii) belonged to the State;
30


     page 32
                                             Ports Legislation Amendment Bill 2017
                                 Port Authorities Act 1999 amended          Part 6

                                                                                s. 45



1          (2)    Delete section 25(2)(b) and insert:
2

3                         (b)   any real or personal property (other than
4                               property referred to in subsection (1) or
5                               paragraph (a)) that --
6                                  (i) is acquired by the port authority; or
7                                 (ii) is vested in the port authority by the
8                                      Governor for the purposes of this Act;
9                                      or
10                               (iii) is vested in, or becomes the property of,
11                                     the port authority under this Act.
12


13   45.          Section 31 amended
14                In section 31(1) delete "section 30" and insert:
15

16                this Act or any other written law
17


18   46.          Section 40 amended
19                After section 40(3) insert:
20

21               (3A)   Regulations are not to be made for the purposes of
22                      subsection (3)(c) except with the Treasurer's
23                      concurrence.
24


25   47.          Section 60 amended
26                Delete section 60(2)(ka).




                                                                             page 33
     Ports Legislation Amendment Bill 2017
     Part 6          Port Authorities Act 1999 amended

     s. 48



1    48.         Section 96 amended
2                In section 96(4) delete "the port." and insert:
3

4                the port or acts under the authority of a pilotage exemption
5                certificate under the regulations.
6


7    49.         Section 138 amended
8                In section 138(b) delete "45; or" and insert:
9

10               45 or 52; or
11


12   50.         Schedule 1 amended
13         (1)   In Schedule 1 item 5 column 3:
14                 (a) insert in alphabetical order:
15

16                       Port of Cape Cuvier
17

18                (b)    insert in alphabetical order:
19

20                       Port of Useless Loop
21

22         (2)   In Schedule 1 item 7 column 3:
23                 (a) insert in alphabetical order:
24

25                       Port of Barrow Island
26

27                (b)    insert in alphabetical order:
28

29                       Port of Cape Preston
30



     page 34
                                     Ports Legislation Amendment Bill 2017
                         Port Authorities Act 1999 amended          Part 6

                                                                     s. 50



1           (c)   insert in alphabetical order:
2

3                 Port of Onslow
4

5           (d)   insert in alphabetical order:
6

7                 Port of Varanus Island
8

9           (e)   insert in alphabetical order:
10

11                Port Walcott
12

13   (3)   In Schedule 1 item 8 column 3:
14           (a) insert in alphabetical order:
15

16                Port of Derby
17

18          (b)   insert in alphabetical order:
19

20                Port of Wyndham
21

22          (c)   insert in alphabetical order:
23

24                Port of Yampi Sound
25




                                                                  page 35
     Ports Legislation Amendment Bill 2017
     Part 6          Port Authorities Act 1999 amended

     s. 51



1    51.           Schedule 8 Division 2 inserted
2                  At the end of Schedule 8 insert:
3

4              Division 2 -- Provisions for Ports Legislation Amendment
5                                     Act 2017

6                                  Subdivision 1 -- Preliminary

7            52.         Terms used
8                  (1)   In this Division, unless the contrary intention appears --
9                        affecting provisions means --
10                         (a)   the transfer provisions; and
11                         (b)   this Division and transitional regulations; and
12                         (c)   transitional orders and schedules referred to in
13                               transitional orders;
14                       amending Act means the Ports Legislation Amendment
15                       Act 2017;
16                       asset means any legal or equitable estate or interest (whether
17                       present or future, whether vested or contingent and whether
18                       personal or assignable) in real or personal property of any
19                       description and includes any money, security, chose in
20                       action or document;
21                       asset of the State includes, but is not limited to, property
22                       vested in or acquired by the Transport Minister for the
23                       purposes of a Marine Act;
24                       existing S&P Act port, in relation to a port named in a
25                       transfer provision, means --
26                         (a)   in the case of a port named in section 50(1)(a) or (b)
27                               of the amending Act -- the Port of Carnarvon as
28                               declared before the transfer time under the Shipping
29                               and Pilotage Act 1967 section 10(1); or
30                         (b)   in the case of a port named in any other transfer
31                               provision -- the port with that name as declared
32                               before the transfer time under the Shipping and
33                               Pilotage Act 1967 section 10(1);


     page 36
                           Ports Legislation Amendment Bill 2017
               Port Authorities Act 1999 amended          Part 6

                                                                      s. 51



1    Government agreement means an agreement referred to in
2    paragraph (a) of the definition of Government agreement in
3    the Government Agreements Act 1979 section 2 and, if the
4    agreement has been varied, means the agreement as varied;
5    liability means any liability, duty or obligation whether
6    actual, contingent or prospective, liquidated or unliquidated,
7    or whether owed alone or jointly or jointly and severally
8    with any other person;
9    liability of the State includes, but is not limited to, a liability
10   incurred by the Transport Minister for the purposes of a
11   Marine Act;
12   Marine Act means the Jetties Act 1926, the Lights
13   (Navigation Protection) Act 1938, the Marine and Harbours
14   Act 1981, the Marine Navigational Aids Act 1973 or the
15   Shipping and Pilotage Act 1967;
16   port transfer or transfer, in relation to a port, means --
17     (a)    the placement of the port under the control and
18            management of a port authority by the insertion of
19            the port in column 3 of an item in Schedule 1 by a
20            transfer provision; and
21     (b)    the cessation of the existing S&P Act port as a port
22            for the administration and operation of which the
23            Transport Department is responsible by force of
24            clause 56;
25   relevant official means --
26     (a)    the Registrar of Titles under the Transfer of Land
27            Act 1893; or
28     (b)    the Registrar of Deeds and Transfers under the
29            Registration of Deeds Act 1856; or
30     (c)    the Minister administering the Land Administration
31            Act 1997; or
32     (d)    any other person authorised by a written law to
33            record and give effect to the registration of
34            documents relating to transactions affecting any
35            estate or interest in land or any other property;




                                                                  page 37
     Ports Legislation Amendment Bill 2017
     Part 6          Port Authorities Act 1999 amended

     s. 51



1                    renew an easement, lease or licence includes --
2                      (a)   grant of an extension of its term; and
3                      (b)   grant a further easement, lease or licence to replace
4                            it;
5                    requirement under this Act means --
6                      (a)   a direction given by the Minister under section 72;
7                            or
8                      (b)   any other obligation under this Act;
9                    right means any right, power, privilege or immunity
10                   whether actual, prospective or contingent;
11                   transfer provision means section 50(1)(a) or (b), (2)(a), (b),
12                   (c), (d) or (e) or (3)(a), (b) or (c) of the amending Act;
13                   transfer time, in relation to a port transfer, means the time at
14                   which the relevant transfer provision comes into operation;
15                   transitional order means an order under clause 58;
16                   transitional regulations has the meaning given in
17                   clause 69(1);
18                   Transport CEO means the chief executive officer of the
19                   Transport Department and includes a delegate of that chief
20                   executive officer under a Marine Act;
21                   Transport Department means the department of the Public
22                   Service principally assisting the Transport Minister in the
23                   administration of the Marine Acts;
24                   Transport Minister means the Minister administering the
25                   Marine Acts and includes --
26                     (a)   that Minister as a body corporate under the Marine
27                           and Harbours Act 1981 section 8; and
28                     (b)   a delegate of that Minister under a Marine Act.
29             (2)   A reference in this Division to an agreement, instrument or
30                   document does not include a reference to a Government
31                   agreement.




     page 38
                                       Ports Legislation Amendment Bill 2017
                           Port Authorities Act 1999 amended          Part 6

                                                                                 s. 51



1      Subdivision 2 -- Transfer of control and management of some
2                    existing ports to port authorities

3    53.         Terms used
4          (1)   In this Subdivision, unless the contrary intention appears --
5                Agreements Minister means the Minister administering the
6                Government Agreements Act 1979;
7                port means the port named in a transfer provision;
8                port authority means the port authority under the control
9                and management of which a port is placed by a port transfer.
10         (2)   A reference in another clause of this Subdivision to this
11               Subdivision includes a reference to --
12                 (a)   transitional regulations relating to a port transfer;
13                       and
14                 (b)   transitional orders and schedules referred to in
15                       transitional orders.

16   54.         Port transfer: preliminary requirements
17         (1)   Before the transfer time of a port transfer, an order is to be
18               made and published under section 24(1) describing the area
19               or areas of which the port is to consist.
20         (2)   An area described in the order referred to in subclause (1)
21               may be --
22                 (a)   land; or
23                 (b)   land and water; or
24                 (c)   land and seabed; or
25                 (d)   land, water and seabed; or
26                 (e)   water; or
27                 (f)   water and seabed; or
28                 (g)   seabed.
29         (3)   The area or areas described in the order referred to in
30               subclause (1) may be bounded by limits that differ from the
31               limits specified in relation to the existing S&P Act port by



                                                                           page 39
     Ports Legislation Amendment Bill 2017
     Part 6          Port Authorities Act 1999 amended

     s. 51



1                        regulations mentioned in the Shipping and Pilotage
2                        Act 1967 section 10(1a).
3                  (4)   The order referred to in subclause (1) comes into operation
4                        at the transfer time.
5                  (5)   A proclamation cannot be made under section 2(e) of the
6                        amending Act in relation to section 50(1)(a) or (b) or (2)(a),
7                        (b), (c) or (e) of the amending Act unless the Agreements
8                        Minister has given the Minister written notice that the
9                        Agreements Minister agrees to the making of that
10                       proclamation.

11           55.         Port authority to implement and facilitate port transfer
12                 (1)   Before or after the transfer time of a port transfer, the port
13                       authority may do anything that is prescribed by transitional
14                       regulations, and anything else that may be necessary or
15                       expedient to provide for, implement or facilitate the port
16                       transfer.
17                 (2)   Until the transfer time of a port transfer the port authority
18                       may do anything that it is authorised or required to do in
19                       relation to the existing S&P Act port under a contract or
20                       arrangement entered into with the Transport Minister under
21                       the Marine and Harbours Act 1981 section 6 or 7.
22                 (3)   The functions conferred by this clause are in addition to any
23                       other function that the port authority has.

24           56.         Cessation of responsibility for port
25                       At the transfer time of a port transfer the existing S&P Act
26                       port ceases to be a port for the administration and operation
27                       of which the Transport Minister and Transport Department
28                       are responsible under the Marine and Harbours Act 1981.




     page 40
                                       Ports Legislation Amendment Bill 2017
                           Port Authorities Act 1999 amended          Part 6

                                                                                s. 51



1    57.         Vesting of land, seabed and water in port authority
2          (1)   At the transfer time of a port transfer the following are
3                vested in the port authority for the purposes of this Act --
4                  (a) all land, seabed and water in the area or areas
5                         described in the order made and published for the
6                         port as required by clause 54(1);
7                  (b)   all fixtures on land or seabed referred to in
8                        paragraph (a) that belong to the State.
9          (2)   The operation of subclause (1) is subject to clauses 60(4)
10               and 62(1).
11         (3)   Subclause (1) displaces the operation that section 25(1)
12               would otherwise have had in relation to the port transfer.

13   58.         Minister may make transitional orders
14         (1)   To provide for, implement or facilitate a port transfer, the
15               Minister may make and publish in the Gazette before the
16               transfer time of the port transfer one or more orders that --
17                 (a)   specify assets of the State that are to vest in, or
18                       become the property of, the port authority in
19                       addition to anything mentioned in clause 57(1); and
20                 (b)   specify liabilities of the State that are to become
21                       liabilities of the port authority; and
22                 (c)   specify anything that is not to vest in the port
23                       authority under clause 57(1); and
24                 (d)   specify any agreement or instrument in which the
25                       port authority, or the CEO, is to be substituted, in
26                       accordance with the order, for the State, the
27                       Transport Minister or the Transport CEO as a party;
28                       and
29                 (e)   specify any agreement, instrument or document that
30                       is to have effect as if references to the port
31                       authority, or the CEO or a member of staff, were
32                       substituted, in accordance with the order, for
33                       references in it to the State, the Transport Minister,
34                       the Transport Department or the Transport CEO
35                       (however expressed); and

                                                                          page 41
     Ports Legislation Amendment Bill 2017
     Part 6          Port Authorities Act 1999 amended

     s. 51



1                      (f)   specify any agreement, instrument or document that
2                            is to have effect as if references to this Act or a
3                            provision of this Act were substituted, in
4                            accordance with the order, for references in it to
5                            another enactment; and
6                      (g)   in the case of a port named in section 50(1)(a) or (b)
7                            of the amending Act, specify any agreement,
8                            instrument or document that is to have effect as if
9                            references to the port were substituted, in
10                           accordance with the order, for references in it to the
11                           existing S&P Act port; and
12                     (h)   specify proceedings in which the port authority is to
13                           be substituted, in accordance with the order, for the
14                           State or the Transport Minister as a party.
15             (2)   In a transitional order an asset of the State may be specified
16                   under subclause (1)(a) if the Minister considers that the
17                   asset --
18                     (a) relates to, or was used in connection with, the
19                            administration or operation of the existing S&P Act
20                            port; and
21                     (b)   should vest in, or become the property of, the port
22                           authority; and
23                     (c)   will not or might not otherwise be vested in the port
24                           authority under clause 57(1).
25             (3)   In a transitional order a liability of the State may be
26                   specified under subclause (1)(b) if the Minister considers
27                   that the liability --
28                     (a) relates to, or arose in connection with, the
29                            administration or operation of the existing S&P Act
30                            port; and
31                     (b)   should become a liability of the port authority.
32             (4)   A transitional order may --
33                     (a)   deal with incidental or supplementary matters; and




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1                  (b)   clarify, or remove doubt as to, the operation of this
2                        Subdivision in relation to any specified matter or
3                        thing,
4                and has effect accordingly.
5          (5)   A transitional order may specify things by reference to
6                schedules which --
7                  (a)   need not be published in the Gazette; but
8                  (b)   must be available for public inspection,
9                and anything specified in a schedule is to be taken to be
10               specified in the order.
11         (6)   A thing may be specified in a transitional order by
12               describing the class to which it belongs.
13         (7)   Before a transitional order is made, the Transport CEO is to
14               consult with the port authority as to the form and content of
15               the order and any schedule to which it refers.
16         (8)   Before a transitional order is made specifying anything by
17               reference to a schedule, the Transport CEO is to consult
18               with the relevant officials as to the form and content of the
19               schedule.
20         (9)   The Minister must obtain the written concurrence of the
21               Agreements Minister before making a transitional order
22               relating to a port named in section 50(1)(a) or (b) or (2)(a),
23               (b), (c) or (e) of the amending Act.
24     (10)      The Minister is to cause a copy of each transitional order
25               and any schedule to which it refers to be delivered to the
26               port authority and each relevant official.

27   59.         Amending transitional order
28         (1)   The Minister may, by order published in the Gazette before
29               or after the transfer time, make any provision that the
30               Minister considers to be needed in order to --
31                 (a)   correct any error or omission in a transitional order
32                       or a schedule to which a transitional order refers; or



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1                      (b)   clarify, or remove doubt as to, the operation of a
2                            transitional order; or
3                      (c)   give proper effect to the purpose for which a
4                            transitional order was made.
5              (2)   The Minister may, by order published in the Gazette after
6                    the transfer time, make provision for a matter that could
7                    have been dealt with by a transitional order but was not.
8              (3)   If an order under subclause (1) or (2) published in the
9                    Gazette after the transfer time provides that a provision of
10                   the order has effect from immediately before the transfer
11                   time, the provision has effect accordingly.
12             (4)   If an order under subclause (1) or (2) published in the
13                   Gazette after the transfer time provides that a state of affairs
14                   specified or described in the order is to be taken to have
15                   existed, or not to have existed, at and from a time that is
16                   earlier than the day on which the order is published in the
17                   Gazette but not earlier than the transfer time, the provision
18                   has effect according to its terms.
19             (5)   To the extent that, under subclause (3) or (4), a provision of
20                   an order has effect before the day of its publication in the
21                   Gazette, this Subdivision does not, as a result of that
22                   provision, operate so as --
23                     (a) to affect, in a manner prejudicial to any person
24                           (other than the State or a Minister, officer or agency
25                           of the State), the rights of that person existing
26                           before the day of publication; or
27                     (b) to impose liabilities on any person (other than the
28                           State or a Minister, officer or agency of the State) in
29                           respect of anything done or omitted to be done
30                           before the day of publication.
31             (6)   Clause 58(5) to (10) apply, with any necessary
32                   modifications, to an order under subclause (1) or (2).




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1    60.         Provisions as to assets and liabilities
2          (1)   In this clause --
3                transferred assets, in relation to a port transfer, means --
4                  (a)   assets that vest in, or become the property of, the
5                        port authority under subclause (3)(a); and
6                  (b)   anything vested in the port authority under
7                        clause 57(1);
8                transferred liabilities, in relation to a port transfer, means
9                liabilities that become liabilities of the port authority under
10               subclause (3)(b).
11         (2)   This clause applies if a transitional order is made in relation
12               to a port transfer.
13         (3)   At the transfer time of the port transfer by force of this
14               clause --
15                 (a) assets specified in the transitional order under
16                        clause 58(1)(a) vest in, or become the property of,
17                        the port authority in accordance with the order; and
18                 (b)   liabilities specified in the transitional order under
19                       clause 58(1)(b) become liabilities of the port
20                       authority.
21         (4)   By force of this clause, anything specified in the transitional
22               order under clause 58(1)(c) does not vest in the port
23               authority under clause 57(1).
24         (5)   At the transfer time of the port transfer any right of the State
25               in relation to transferred assets or transferred liabilities
26               becomes by force of this clause a right of the port authority.
27         (6)   From the transfer time of the port transfer by force of this
28               clause --
29                 (a)   any proceedings or remedy that might have been
30                       commenced by, or available against or to, the State
31                       or the Transport Minister in relation to transferred
32                       assets or transferred liabilities may be commenced
33                       by, or are available against or to, the port authority;
34                       and


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1                       (b)   anything commenced to be done before the transfer
2                             time in relation to transferred assets or transferred
3                             liabilities by the State, the Transport Minister or the
4                             Transport Department may be continued by the port
5                             authority; and
6                       (c)   anything done or omitted to be done in relation to
7                             transferred assets or transferred liabilities before the
8                             transfer time by, to or in respect of the State, the
9                             Transport Minister or the Transport Department (to
10                            the extent that that thing has any effect) is to be
11                            taken to have been done or omitted by, to or in
12                            respect of the port authority.
13              (7)   In determining the net profits of the port authority for the
14                    purposes of section 84, transferred assets are not to be
15                    regarded as income.
16              (8)   If at the transfer time of the port transfer a transferred asset
17                    or transferred liability is not properly assigned to the port
18                    authority by the operation of this Subdivision (whether
19                    because the matter is governed otherwise than by the law of
20                    the State or for any other reason) --
21                      (a)   the State is to be taken to continue to hold that
22                            transferred asset or be liable for that transferred
23                            liability until it is effectively assigned to the port
24                            authority; and
25                      (b)   the Transport Department is to take all practicable
26                            steps for the purpose of ensuring that the transferred
27                            asset or transferred liability is effectively assigned
28                            to the port authority.
29              (9)   The fact that subclause (8)(a) applies to a transferred asset
30                    or transferred liability does not affect a duty imposed by
31                    section 90(2).
32             (10)   By force of this clause, any previous vesting of a transferred
33                    asset under another written law ceases to have effect at the
34                    transfer time of the port transfer.




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1    61.         Provisions as to agreements and proceedings
2          (1)   If a transitional order is made in relation to a port transfer
3                then, by force of this clause --
4                   (a) at the transfer time of the port transfer the port
5                         authority is substituted in accordance with the order
6                         for the State or the Transport Minister as a party to
7                         an agreement or instrument specified in the order
8                         under clause 58(1)(d); and
9                   (b) from the transfer time of the port transfer an
10                        agreement, instrument or document specified in the
11                        order under clause 58(1)(e) has effect as if
12                        references to the port authority or the CEO or a
13                        member of staff were, at the transfer time,
14                        substituted in accordance with the order for
15                        references in it to the State, the Transport Minister,
16                        the Transport Department or the Transport CEO
17                        (however expressed); and
18                  (c) from the transfer time of the port transfer an
19                        agreement, instrument or document specified in the
20                        order under clause 58(1)(f) has effect as if
21                        references to this Act or a provision of this Act
22                        were, at the transfer time, substituted in accordance
23                        with the order for references in it to another
24                        enactment; and
25                 (d)   from the transfer time of the port transfer an
26                       agreement, instrument or document specified in the
27                       order under clause 58(1)(g) has effect as if
28                       references to the port were, at the transfer time,
29                       substituted in accordance with the order for
30                       references in it to the existing S&P Act port; and
31                 (e)   at the transfer time of the port transfer the port
32                       authority is substituted in accordance with the order
33                       for the State or the Transport Minister as a party to
34                       proceedings specified in the order under
35                       clause 58(1)(h).




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1                  (2)   If subclause (1)(a) applies to an easement, lease or licence in
2                        respect of land that becomes vested land at the transfer time
3                        of the port transfer, from the transfer time the easement,
4                        lease or licence is to be taken to have been granted under
5                        this Act with any approval needed under this Act.
6                  (3)   Subclause (2) has effect even if a lease or licence was
7                        granted for a period exceeding 50 years.

8            62.         Navigational aids
9                  (1)   Clause 57(1) does not apply to navigational aids.
10                 (2)   Without limiting clause 58(2), a navigational aid in, or used
11                       in connection with, the existing S&P Act port may be vested
12                       in the port authority by a transitional order.

13           63.         Harbour masters and deputy harbour masters
14                 (1)   In this clause --
15                       deputy harbour master of the port means a person
16                       appointed under the Shipping and Pilotage Act 1967
17                       section 7A to be a deputy harbour master;
18                       harbour master has the meaning given in paragraph (a)
19                       or (b) of the definition of harbour master in the Shipping
20                       and Pilotage Act 1967 section 3.
21                 (2)   At the transfer time the appointment of any person who was
22                       the harbour master or a deputy harbour master of the
23                       existing S&P Act port immediately before the transfer time
24                       is revoked by force of this clause.
25                 (3)   This clause does not apply to the harbour master or a deputy
26                       harbour master of the Port of Derby.

27           64.         Pilotage: existing licences
28                 (1)   In this clause --
29                       condition includes restriction;
30                       controlled area has the meaning given in the Shipping and
31                       Pilotage Act 1967 section 3.



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1    (2)   From the transfer time of a port transfer, a person who,
2          immediately before the transfer time, held a licence under
3          the Shipping and Pilotage Act 1967 to act as a pilot for the
4          existing S&P Act port (the licence) is to be taken to have the
5          approval of the port authority under section 96(1) as a pilot
6          for the port (the transitional approval).
7    (3)   The effect that the transitional approval has by force of
8          subclause (2) extends to any place within the boundaries of
9          the port or within an area referred to in section 95(2) outside
10         the port as long as that place was, immediately before the
11         transfer time, within the boundaries of the existing S&P Act
12         port or within a controlled area outside the existing S&P Act
13         port.
14   (4)   The effect that the transitional approval has by force of
15         subclause (2) is subject to any condition to which the licence
16         was subject immediately before the transfer time and to any
17         other condition imposed under the regulations.
18   (5)   The transitional approval continues to have effect until --
19           (a) the period for which the licence would have had
20                 effect ends; or
21           (b)   the transitional approval is revoked under
22                 section 96(2); or
23           (c)   the person concerned is approved as a pilot for the
24                 port under section 96(1); or
25           (d)   the period of 2 years beginning at the transfer time
26                 ends,
27         whichever occurs first.
28   (6)   Without limiting clause 70(1), its provisions apply if a
29         transitional approval is revoked under section 96(2).
30   (7)   This clause does not apply to a person if, before the transfer
31         time, the person is approved as a pilot for the port under
32         section 96(1) in accordance with clause 55(1) or the
33         Interpretation Act 1984 section 25.




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1            65.         Pilotage: existing exemption certificates
2                  (1)   In this clause --
3                        condition includes restriction;
4                        controlled area has the meaning given in the Shipping and
5                        Pilotage Act 1967 section 3;
6                        S&P Act certificate means a pilotage exemption certificate
7                        issued under the Shipping and Pilotage Act 1967.
8                  (2)   From the transfer time of a port transfer, an S&P Act
9                        certificate for the existing S&P Act port in force
10                       immediately before the transfer time (the existing
11                       certificate) is to be taken to be a pilotage exemption
12                       certificate in respect of the port issued under the regulations
13                       (the transitional certificate).
14                 (3)   The effect that the transitional certificate has by force of
15                       subclause (2) extends to any place within the boundaries of
16                       the port or within an area referred to in section 95(2) outside
17                       the port as long as that place was, immediately before the
18                       transfer time, within the boundaries of the existing S&P Act
19                       port or within a controlled area outside the existing S&P Act
20                       port.
21                 (4)   The effect that the transitional certificate has by force of
22                       subclause (2) is subject to any condition to which the
23                       existing certificate was subject immediately before the
24                       transfer time and to any other condition imposed under the
25                       regulations.
26                 (5)   The transitional certificate continues to have effect until --
27                         (a) the transitional certificate expires under the
28                               regulations; or
29                         (b) the transitional certificate is revoked under the
30                               regulations; or
31                         (c)   a pilotage exemption certificate in respect of the
32                               port is issued to the holder of the transitional
33                               certificate under the regulations; or




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1                  (d)   the period of 2 years beginning at the transfer time
2                        ends,
3                whichever occurs first.
4          (6)   Without limiting clause 70(1), its provisions apply if a
5                transitional certificate is revoked under the regulations.
6          (7)   This clause does not apply to an S&P Act certificate if,
7                before the transfer time, a pilotage exemption certificate in
8                respect of the port is issued to the holder of the S&P Act
9                certificate under the regulations in accordance with
10               clause 55(1) or the Interpretation Act 1984 section 25.

11   66.         Jetty licences
12         (1)   In this clause --
13               continued licence means a jetty licence to which
14               subclause (9) applies;
15               converted licence means a jetty licence to which
16               subclause (5) applies;
17               existing jetty means a jetty that, immediately before the
18               transfer time of a port transfer, was wholly or partly within
19               the boundaries of the existing S&P Act port or was used in
20               connection with the operation of the existing S&P Act port;
21               jetty has the meaning given in the Jetties Act 1926 section 3;
22               jetty licence means a licence granted under the Jetties
23               Act 1926;
24               licensee includes sub-licensee.
25         (2)   Subject to subclause (3) if --
26                 (a)   immediately before the transfer time of a port
27                       transfer, an existing jetty was the subject of a jetty
28                       licence; and
29                 (b)   from the transfer time the existing jetty is wholly on
30                       port land,
31               subclause (5) applies to the jetty licence.
32         (3)   If the port is a port named in section 50(1)(a) or (b)
33               or (2)(a), (b), (c) or (e) of the amending Act, subclause (5)

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1                    does not apply to the jetty licence unless transitional
2                    regulations provide that it does.
3              (4)   Regulations cannot be made for subclause (3) except with
4                    the written concurrence of the Agreements Minister.
5              (5)   If this subclause applies to a jetty licence --
6                      (a)   at the transfer time the licence ceases to be a licence
7                            under the Jetties Act 1926; and
8                      (b)   at the transfer time the port authority is substituted
9                            for the Transport Minister or the Transport CEO (as
10                           the case may be) as the grantor of the licence; and
11                     (c)   from the transfer time the licence is to be taken to
12                           have been granted under this Act with any approval
13                           needed under this Act even if the licence was
14                           granted for a period exceeding 50 years.
15             (6)   Subject to subclause (7) if, immediately before the transfer
16                   time of a port transfer, an existing jetty was the subject of a
17                   jetty licence, transitional regulations may prescribe that
18                   subclause (9) applies to the jetty licence.
19             (7)   If the port is a port named in section 50(1)(a) or (b)
20                   or (2)(a), (b), (c) or (e) of the amending Act, transitional
21                   regulations cannot be made for subclause (6) except with the
22                   written concurrence of the Agreements Minister.
23             (8)   Subclause (9) does not apply to a jetty licence if
24                   subclause (5) applies to it.
25             (9)   If this subclause applies to a jetty licence --
26                      (a) the licence continues in force from the transfer time
27                             as a licence under the Jetties Act 1926; and
28                     (b)   from the transfer time any power exercisable by, or
29                           in relation to, the grantor of the licence, whether --
30                              (i)   under the licence; or
31                             (ii)  under the Jetties Act 1926 in relation to the
32                                   licence,
33                           is exercisable by, or in relation to, the port authority
34                           instead of the grantor of the licence; and


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1                  (c)    after the transfer time the port authority may, at the
2                         request or with the agreement of the holder of the
3                         licence, renew or vary the licence under that Act;
4                         and
5                  (d)    from the transfer time the functions of the port
6                         authority are to be taken to extend to the exercise of
7                         powers for the purposes of this subclause.
8      (10)      From the transfer time it is to be taken to be a condition of a
9                converted licence or a continued licence that the licensee
10               must comply with any direction given by the port authority
11               to the extent that the direction is given to facilitate --
12                 (a)    compliance by the port authority with a requirement
13                        under this Act; or
14                 (b)    performance by the port authority of its functions.
15     (11)      Without limiting clause 58, an order may be made under
16               clause 58(1)(e), (f) or (g) or (4) in relation to a converted
17               licence or a continued licence.

18                       Subdivision 3 -- General provisions

19   67.         Registration of documents
20               The relevant officials are to take notice of the affecting
21               provisions and are to record and register in the appropriate
22               manner the documents necessary to show the effect of the
23               affecting provisions.

24   68.         Exemption from State taxes
25         (1)   In this clause --
26               State tax includes duty under the Duties Act 2008 and any
27               other tax under a written law.
28         (2)   State tax is not payable in relation to --
29                 (a)    anything that occurs by force or because of the
30                        affecting provisions; or
31                 (b)    anything done (including a transaction entered into
32                        or an instrument or document of any kind made,
33                        executed, lodged or given) under this Division, or to

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1                                 give effect to the affecting provisions, or for a
2                                 purpose connected with or arising out of giving
3                                 effect to the affecting provisions.

4            69.         Transitional regulations
5                  (1)   Regulations (transitional regulations) may prescribe --
6                          (a)    things to be done by a Minister, the Transport
7                                 Department, the Transport CEO or a port authority,
8                                 to provide for, implement or facilitate a port
9                                 transfer; and
10                         (b)    anything necessary or expedient to be prescribed for
11                                providing for a matter or issue of a transitional
12                                nature that arises in relation to a port transfer.
13                 (2)   Transitional regulations may provide that specific provisions
14                       of any written law --
15                         (a) do not apply to or in relation to any matter; or
16                         (b)    apply with specific modifications to or in relation to
17                                any matter.
18                 (3)   If transitional regulations relating to a port transfer provide
19                       that a state of affairs specified or described in the
20                       regulations is to be taken to have existed, or not to have
21                       existed, at and from a time that is earlier than the day on
22                       which the regulations are published in the Gazette but not
23                       earlier than the transfer time, the regulations have effect
24                       according to their terms.
25                 (4)   If transitional regulations contain a provision referred to in
26                       subclause (3), the provision does not operate so as --
27                          (a) to affect in a manner prejudicial to any person
28                                 (other than the State or an authority of the State) the
29                                 rights of that person existing before the day of
30                                 publication of those regulations; or
31                         (b)    to impose liabilities on any person (other than the
32                                State or an authority of the State) in respect of
33                                anything done or omitted to be done before the day
34                                of publication of those regulations.



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1    70.         Saving
2          (1)   The operation of any of the affecting provisions is not to be
3                regarded --
4                  (a) as a breach of contract or confidence or otherwise
5                        as a civil wrong; or
6                  (b)    as a breach of any contractual provision prohibiting,
7                         restricting or regulating the assignment or transfer
8                         of assets, rights or liabilities or the disclosure of
9                         information; or
10                 (c)    as giving rise to any right to damages or
11                        compensation; or
12                 (d)    as giving rise to any remedy by a party to an
13                        instrument or as causing or permitting the
14                        termination of any instrument, because of a change
15                        in the beneficial or legal ownership of any asset,
16                        right or liability; or
17                 (e)    as causing any contract or instrument to be void or
18                        otherwise unenforceable; or
19                 (f)    as releasing or allowing the release of any surety.
20         (2)   This Division and transitional regulations are additional to
21               any relevant provisions of the Interpretation Act 1984.

22   71.         Effect of affecting provisions
23               Subject to clauses 74 and 75, the affecting provisions have
24               effect despite any provision of this Act or another written
25               law.

26   72.         No exclusion of operation of affecting provisions
27               A provision of an agreement or instrument that purports to
28               in any way exclude the agreement or instrument from the
29               operation of future legislation has no effect in relation to the
30               affecting provisions.




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1            73.         Effect of continued easements, leases and licences
2                  (1)   This clause applies if under clause 61(2) or 66(5) an
3                        easement, lease or licence is to be taken, from the transfer
4                        time of a port transfer, to have been granted under this Act.
5                  (2)   The rights and powers that the grantee, lessee or licensee
6                        had under the easement, lease or licence before the transfer
7                        time are not adversely affected except to the extent (if any)
8                        requested or agreed under subclause (3).
9                  (3)   The port authority may, at the request or with the agreement
10                       of the grantee, lessee or licensee, renew or vary the
11                       easement, lease or licence under this Act.
12                 (4)   Subclause (2) does not affect the operation of clause 66(9)
13                       or (10).

14           74.         Government agreements not affected
15                       The affecting provisions do not prejudice or in any way
16                       affect any right or obligation of a party to a Government
17                       agreement.

18           75.         Preservation of mining, petroleum and other rights
19                 (1)   In this clause --
20                       authorisation means --
21                         (a)   a mining tenement as defined in the Mining
22                               Act 1978 section 8(1); or
23                         (b)   an authority to occupy or right of occupancy of any
24                               land to which the Mining Act 1978 Second Schedule
25                               clause 1(1) applies; or
26                         (c)   an exploration licence, retention licence, mining
27                               licence, works licence, special purpose consent or
28                               other right under the Offshore Minerals Act 2003; or
29                         (d)   a drilling reservation, lease, licence, permit, pipeline
30                               licence, special prospecting authority, access
31                               authority or other right under the Petroleum and
32                               Geothermal Energy Resources Act 1967, the



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1                                Petroleum Pipelines Act 1969 or the Petroleum
2                                (Submerged Lands) Act 1982; or
3                          (e)   any other authorisation of a kind provided for under
4                                a written law and prescribed for this paragraph by
5                                transitional regulations.
6                  (2)   Without limiting clause 74, the affecting provisions as they
7                        apply to a port transfer do not --
8                          (a)   prejudice or in any way affect an authorisation in
9                                effect before the transfer time; or
10                         (b)   prejudice or in any way affect any right or
11                               obligation of a person under an authorisation in
12                               effect before the transfer time; or
13                         (c)   prevent an application for an authorisation made but
14                               not disposed of before the transfer time from being
15                               dealt with after the transfer time; or
16                         (d)   prejudice or in any way affect the manner in which
17                               an application mentioned in paragraph (c) is dealt
18                               with after the transfer time.

19           76.         Transitional provision for Schedule 9
20                       If a transfer provision has not come into operation, the
21                       reference in the definition of unassigned port in Schedule 9
22                       clause 1 to a port named in Schedule 1 includes a reference
23                       to the existing S&P Act port for the port named in that
24                       transfer provision.
25


26   52.           Schedule 9 amended
27         (1)     In Schedule 9 clause 1 delete the definition of port.
28         (2)     In Schedule 9 clause 1 insert in alphabetical order:
29

30                       unassigned port means a port that --
31                         (a)   is not named in Schedule 1; and




                                                                                 page 57
     Ports Legislation Amendment Bill 2017
     Part 6          Port Authorities Act 1999 amended

     s. 52



1                      (b)   has not been placed under the control and
2                            management of a port authority by regulations in
3                            accordance with this Schedule.
4

5       (3)    In Schedule 9 clause 1 in the definition of port addition delete
6              "operation." and insert:
7

8              operation;
9

10      (4)    In Schedule 9 clause 2(1) delete "place a" and insert:
11

12             place an unassigned
13

14      (5)    After Schedule 9 clause 2(2) insert:
15

16             (3)   Without limiting subclause (2) regulations may --
17                    (a) vest land, seabed, water or other property in a port
18                          authority or otherwise provide for the vesting of,
19                          land, seabed, water or other property in a port
20                          authority; and
21                    (b) specify liabilities of the State that are to become
22                          liabilities of a port authority or otherwise provide
23                          for liabilities of the State to become liabilities of a
24                          port authority; and
25                    (c) displace the operation of section 25(1) in relation to
26                          a port addition.
27




     page 58
                                              Ports Legislation Amendment Bill 2017
                             Shipping and Pilotage Act 1967 amended          Part 7

                                                                               s. 53



1          Part 7 -- Shipping and Pilotage Act 1967 amended
2    53.         Act amended
3                This Part amends the Shipping and Pilotage Act 1967.

4    54.         Long title amended
5                In the long title delete "fishing".

6    55.         Section 3 amended
7          (1)   In section 3 delete the definition of fishing boat harbour.
8          (2)   In section 3 insert in alphabetical order:
9

10                      boat harbour means any place declared for the time
11                      being to be a boat harbour under section 10(2);
12


13   56.         Section 7B amended
14               In section 7B(3)(c) delete "fishing".

15   57.         Section 9A amended
16               In section 9A(1)(a) delete "each fishing" and insert:
17

18               each
19

20               Note: The heading to amended section 9A is to read:
21                      Boat harbour dues and mooring charges




                                                                           page 59
     Ports Legislation Amendment Bill 2017
     Part 7          Shipping and Pilotage Act 1967 amended

     s. 58



1    58.         Section 10 amended
2                In section 10(1b):
3                  (a) delete "named in the Port Authorities Act 1999
4                        Schedule 1" and insert:
5

6                        as defined in the Port Authorities Act 1999 section 3(1)
7

8                 (b)    delete "a port so named." and insert:
9

10                       such a port.
11


12   59.         Section 12 amended
13         (1)   In section 12(1)(b) delete "fishing".
14         (2)   In section 12(2)(d) delete "responsible authority" (each
15               occurrence) and insert:
16

17               CEO
18

19         (3)   In section 12(3) delete the definition of responsible authority.

20   60.         Various references to "fishing boat harbour" replaced
21               In the provisions listed in the Table delete "fishing boat
22               harbour" (each occurrence) and insert:
23

24               boat harbour
25




     page 60
                                       Ports Legislation Amendment Bill 2017
                      Shipping and Pilotage Act 1967 amended          Part 7

                                                                            s. 61



1                                     Table
           s. 3 def. of controlling           s. 6A def. of declared area
           authority

           s. 9A(1)(a)                        s. 10(2)(a)

           s. 10(2)(b)                        s. 10(2)(ba)

           s. 11(b)                           s. 11(c)

           s. 11A(3A)(b)                      s. 11A(3C)

2   61.   Various references to "Department" replaced
3         In the provisions listed in the Table delete "Department" and
4         insert:
5

6         CEO
7

8                                     Table
           s. 3 def. of controlling           s. 6A(2)
           authority

           s. 10(2)(ba)                       s. 11A(3A)(b)

           s. 12(1)(bb)




                                                                      page 61
     Ports Legislation Amendment Bill 2017
     Part 8          Western Australian Marine Act 1982 amended

     s. 62



1    Part 8 -- Western Australian Marine Act 1982 amended
2    62.          Act amended
3                 This Part amends the Western Australian Marine Act 1982.

4    63.          Section 118 amended
5          (1)    In section 118 delete "The chief " and insert:
6

7                 (1)   The chief
8

9          (2)    At the end of section 118 insert:
10

11                (2)   In the case of an inspector, the certificate issued under
12                      subsection (1) is also to specify any functions that the
13                      inspector has under other enactments by virtue of being
14                      an inspector.
15


16   64.          Section 132 amended
17                After section 132(5) insert:
18

19               (5A)   An authorised person may not withdraw an
20                      infringement notice under subsection (5) if the
21                      authorised person served the infringement notice.
22


23




 


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