Bulk Handling Act 1967
Bulk Handling Act Regulations 1967
Reprint 2: The regulations as at 14 November 2003
What the reprint includes
Endnotes, Compilation table
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table
2.Transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Bulk Handling Act Regulations 1967
CONTENTS
1.Citation1
2.Interpretation1
4.Revenue account and balance sheet3
8.Deductions3
9.Weighbridge tickets4
10.Register of grain entitlements and issue of warrants4
11.Delivery of grain to the Company5
12.Notification of arrangements to receive grain, and ceasing to receive grain5
13.Limitations on grain to be delivered to the Company6
14.Taking and dealing with sample of wheat or grain7
15.Determination of assessment by Company7
16.Determination of assessment by Department9
17.Notification following determination10
19.Request for delivery of grain and surrendering of warrants10
20.Delivery of grain11
23.Vessel to be moved once loading completed12
26.Sale after 30 September by Company12
27.Type and grade of grain on delivery12
28.Disputes as to quality on delivery by the Company — drawing of sample13
29.Lost warrants14
30.Issue of a number of warrants in exchange for one warrant15
31.Composite warrants15
32.Arbitration16
Fourth Schedule17
Notes
Compilation table21
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Bulk Handling Act 1967
Bulk Handling Act Regulations 1967
These regulations may be cited as the Bulk Handling Act Regulations 1967 1.
In these regulations and in the standards, unless the contrary intention appears —
“Act” means the Bulk Handling Act 1967;
(a)wheat means broken or unbroken smut balls (Tilletia tritici or Tilletia laevis) and flag smut (Urocystis agropyri);
(b)barley means covered smut (Ustilago segetum var. hordei);
“barley
“bored” means having been damaged by insects;
“Department” means Department of Agriculture;
“Form” means a form in the Fourth Schedule;
“genetically modified
“grain” includes such seeds as the Minister may, from time to time, approve under the provisions of section 52 of the Act;
“immature” means not fully ripened;
“insect” means any animal or part thereof of the classes Insecta, Arachnida or Diplopoda;
“kernel”, in relation to —
(a)barley or oats, means seed of barley or oats, as the case requires, with the husk attached; or
(b)sorghum or wheat, means seed of sorghum or wheat, as the case requires, with the husk removed;
“oats” means the kernels of the cereal grass Avena sativa Linn.;
“officer” means an officer of the Company;
“person entitled to grain
“pickled” means treated with any substance which will inhibit moulds, ball smut or smut;
“quantity” in relation to grain means the amount in tonnes and units of 20 kg;
“regulation” means one of these regulations;
“Schedule” means a Schedule to these regulations;
“skeleton weed” means the plant Chondrilla juncea Linn. or part thereof;
(a)barley means covered smut (Ustilago segetun var. hordei);
(b)oats means covered smut (Ustilago segetun var. hordei) and loose smut (Ustilago avenae);
“sorghum
“standard
“warrant” means a warrant issued by the Company pursuant to the Act;
“wheat” means kernels of the cereal grasses Triticum aestivum L. (previously Triticum Vulgare Vill.) or Triticum compactum Host.
[Regulation 2 inserted in Gazette 13 Jun 1975 p. 1896‑8 (erratum in Gazette 1 Aug 1975 p. 2828); amended in Gazette 4 Dec 1981 p. 5033; 9 Sep 2003 p. 4037‑9.]
[3.Repealed in Gazette 4 Dec 1981 p. 5
4.Revenue account and balance sheet
(1)The Company shall in every year not later than 31 October take out a balance sheet and revenue account.
(2)The balance sheet and revenue account shall be forwarded to the Minister not later than the following 30 April.
[Regulation 4 amended in Gazette 9 Sep 2003 p. 4039.]
[5‑7.Repealed in Gazette 9 Sep 2003 p. 4039.]
The Company may make a deduction for shrinkage up to the rate of 1.0% of the total weight of a particular type of grain delivered to the Company.
[Regulation 8 inserted in Gazette 9 Sep 2003 p. 4039.]
Each weighbridge ticket issued by the Company shall include the —
(a)type of grain;
(b)unique identifying number for each load of grain recorded on the ticket;
(c)date of the receival of the grain;
(d)place of receival;
(e)name of the deliverer and his
(f)time the grain was delivered and the Gross, Tare and Nett weights of the load; and
[(g)deleted]
(h)grade of the grain.
[Regulation 9 amended in Gazette 9 Sep 2003 p. 4039.]
10.Register of grain entitlements and issue of warrants
(1)The Company shall maintain a register of grain entitlements held by the Company.
(2)The register shall record the —
(a)name of the person entitled to the grain or that person’s agent;
(b)type of grain;
(c)grade of grain; and
(d)quantity of grain.
(3)On the request of a person entitled to grain the Company shall issue a warrant with respect to that grain.
(4)A warrant may be transferred by the person entitled to it to another person by an endorsement of the transfer on the warrant.
[Regulation 10 inserted in Gazette 9 Sep 2003 p. 4040.]
11.Delivery of grain to the Company
(1)Every person growing grain for delivery to the Company shall in each year in respect to each type of grain proposed to be delivered furnish to the Company on or before 31 August in that year or such other later date as the Company specifies an estimate showing —
(a)the name of the grower;
(b)the location numbers and total area in hectares of the farm holding on which the grain is being grown;
(c)the total area in hectares of arable land on the holding;
(d)the hectares sown of each type of grain on the holding;
(e)the place or places where delivery is proposed to be made; and
(f)such other information as the Company may require the person to provide.
(2)Every person tendering grain to the Company shall with each load tendered deliver or cause to be delivered to the duly authorised officer of the Company at the receival point a written statement showing in respect of the grain the —
(a)date of delivery;
(b)place of delivery;
(c)approximate quantity tendered; and
(d)type of grain and its variety.
(3)The Company shall not receive grain from a person until the statements required by subregulations (1) and (2) have been delivered.
[Regulation 11 inserted in Gazette 9 Sep 2003 p. 4040‑1.]
12.Notification of arrangements to receive grain, and ceasing to receive grain
(1)Before receiving grain at a receival point in each season, the Company shall publish the date or dates on which it proposes to commence receiving grain at the receival point and the type of grain to be received.
(2)The Company may for any reason, including weather conditions, cease to receive grain at any receival point at any time for such period as it considers necessary.
[Regulation 12 inserted in Gazette 9 Sep 2003 p. 4041.]
13.Limitations on grain to be delivered to the Company
(1)A person shall not without the prior consent of the Company deliver or attempt to deliver grain that —
(a)has been pickled;
(b)is green or immature;
(c)contains green material that has more than 14% of water;
(d)is of a season other than the current season at the time of delivery;
(e)contains insects;
(f)includes bored kernels;
(g)contains declared plants as defined in the Agriculture and Related Resources Protection Act 1976;
(h)includes genetically modified grain;
(ha)contains or is contaminated by any substance that is prohibited as an additive to food under a law of the State or the Commonwealth;
(i)may contaminate or reduce the average quality of other grain in the custody of the Company; or
(j)cannot be handled in bulk.
(2)Where a person delivers grain to the Company in contravention of this regulation, he
(3)A person who delivers or attempts to deliver grain to the Company in contravention of this regulation is, without prejudice to any right the Company may have to recover damages at law, liable to a penalty not exceeding $2 000.
[Regulation 13 amended in Gazette 13 Jun 1975 p. 1898; 4 Dec 1981 p. 5034; 24 Dec 1996 p. 7099; 9 Sep 2003 p. 4041.]
14.Taking and dealing with sample of wheat or grain
For the purposes of section 43(2a) and (4) of the Act, the officer of the Company shall —
(a)draw a representative sample of not less than 2 litres;
(b)divide the said
(c)seal each sub‑sample with a statement showing the relevant details in a sample bag supplied by the Company;
(d)fasten securely to each of the sample bags an address label showing the date, the type of grain, the name of the grower, the name of the receival point and the letter “S”;
(e)send one sub‑sample to the office of the Company;
(f)retain the other sub‑sample at the receival point; and
(g)where a weighbridge ticket is issued, mark it or cause it to be marked with the letter “S” or other appropriate symbol in the space provided for marking the grade.
[Regulation 14 inserted in Gazette 9 Sep 2003 p. 4041‑2.]
15.Determination of assessment by Company
(1)Where the grower or his
(a)complete a Form 2 in duplicate; and
(b)as soon as it is practicable deliver the completed form in duplicate to the officer at the point where the grain was tendered.
(2)Where a grower or his
(a)in the presence of the grower or his
(i)draw a representative sample of not less than 2 litres;
(ii)divide the said
(iii)seal each sub‑sample with one copy of the Form 2 in a sample bag supplied by the Company;
(b)fasten securely to each of the sample bags an address label showing the date, the type of grain, the name of the grower, the name of the receival point and the letters “S.P.C.”;
(c)send one sub‑sample to the office of the Company nominated by it; and
(d)retain the other sub‑sample at the receival point; and
(e)where a weighbridge ticket is issued, mark it or cause it to be marked with the letters “S.P.C.” in the space provided for marking the grade of the grain.
(3)On receipt of a sub‑sample sent to the office pursuant to subregulation (2)(c) an officer of the Company shall examine it and assess the grade or, at his
[Regulation 15 amended in Gazette 13 Jun 1975 p. 1898; 9 Sep 2003 p. 4042.]
16.Determination of assessment by Department
(1)Where a grower or his
(a)complete a Form 3 in triplicate; and
(b)as soon as practicable deliver the completed form in triplicate to the officer at the point where the grain was tendered.
(2)Where a grower or his
(a)in the presence of the grower or his
(i)take a representative sample of not less than 3 litres;
(ii)divide the said
(iii)seal each sub‑sample with one copy of the Form 3 in a sample bag supplied by the Company;
(b)fasten securely to each of the sample bags an address label showing the date, the type of grain, the name of the grower, the name of the receival point and the letters “S.P.”;
(c)send one sub‑sample to the office of the Company nominated by it; and
(d)give one sub‑sample to the grower or his
(e)send the third sub‑sample to the Department; and
(f)where a weighbridge ticket is issued mark it or cause it to be marked with the letters “S.P.” in the space provided for marking the grade of the grain.
(3)Where an officer gives a sub‑sample to a grower or his
(4)On receipt of the sub‑samples sent pursuant to subregulation (2)(e) and pursuant to subregulation (3), the Department —
(a)shall examine each separately and assess the grade on the basis of the combined examination; and
(b)may reject either of the sub‑samples and make its assessment on the basis of the remaining sub‑sample or require the sub‑sample retained by the Company to be forwarded and make its assessment on the basis of any one or more of the sub‑samples.
[Regulation 16 Erratum in Gazette 8 Apr 1968 p. 930; amended in Gazette 13 Jun 1975 p. 1898; 23 Sep 1983 p. 3843; 17 Feb 1989 p. 496; 7 Jul 1989 p. 2116; 9 Sep 2003 p. 4042.]
[16A.Repealed in Gazette 9 Sep 2003 p. 4043.]
17.Notification following determination
(1)Where the Company makes a determination of the grade in accordance with section 43 of the Act it shall notify the grower or his
(2)Where the Department makes a determination of the grade in accordance with section 43 of the Act the Department shall inform the Company and the grower or his
[Regulation 17 amended in Gazette 4 Oct 1972 p. 3996; 9 Sep 2003 p. 4043.]
[18.Repealed in Gazette 9 Sep 2003 p. 4043.]
19.Request for delivery of grain and surrendering of warrants
(1)Every person entitled to grain who wishes to obtain grain from the Company shall —
(a)pay to the Company —
(i)the charges that are ascertainable in the particular case; and
(ii)subject to later adjustment between the person entitled to the grain and the Company the amount of charges that are not definitely ascertainable on the date of the surrender of the warrant or the satisfaction of an entitlement to grain as calculated by the Company to the date on which it is then expected that the quantity of grain will actually be delivered;
(b)bear any transport charges incurred in respect of grain obtained from the Company;
(c)surrender to the Company any warrant relating to the grain; and
(d)give the Company notice at least 14 days before delivery is to commence of the preferred place of delivery.
(2)The Company shall not deliver grain on a request made under subregulation (1) unless any warrant relating to the grain is surrendered to the Company.
[Regulation 19 inserted in Gazette 9 Sep 2003 p. 4043.]
(1)Subject to section 15 of the Act, before 1 March in any year the Company shall deliver grain at any receival point or port in the State as required by the person entitled to grain, but is not obliged to deliver grain from the particular point of receival as shown on the warrant.
(2)Subject to section 15 of the Act, on or after 1 March in any year, the Company may deliver grain to any receival point or port in the State.
[Regulation 20 inserted in Gazette 9 Sep 2003 p. 4044.]
[21, 22.Repealed in Gazette 9 Sep 2003 p. 4044.]
23.Vessel to be moved once loading completed
If a person entitled to grain requires grain to be delivered to a vessel at a port, that person shall, on completion of the bulk loading and on being requested to do so, cause the vessel to be moved.
[Regulation 23 inserted in Gazette 9 Sep 2003 p. 4044.]
[24, 25.Repealed in Gazette 9 Sep 2003 p. 4044.]
26.Sale after 30 September by Company
Where the Company elects to sell grain after 30 September, next following its receipt, it —
(a)may sell it in one or more parcels, in one or more different sales, or separately or together with any other grain —
[(i)deleted]
(ii)at market price as defined by section 16 of the Act; or
(iii)at the best price the Company can obtain inside or outside the State,
and may do all things necessary and incidental to complete such a sale or sales.
[(b)‑(d) deleted]
[Regulation 26 amended in Gazette 13 Jun 1975 p. 1899; 9 Sep 2003 p. 4044.]
27.Type and grade of grain on delivery
(1)The Company shall deliver to a person entitled to grain or on his
(a)where the grain is delivered for shipment, a running bulk sample of each shift worked in loading the grain into a vessel; or
(b)where the grain is delivered other than for shipment, a running bulk sample of each truck or container in which the grain is delivered,
is of that type and equal to that grade.
(2)A representative of the Company and the person entitled to grain or his
[Regulation 27 amended in Gazette 9 Sep 2003 p. 4044‑5.]
28.Disputes as to quality on delivery by the Company — drawing of sample
Where a dispute arises between the person entitled to grain and the Company as to the quality or condition of grain they shall —
(a)take jointly a representative sample and seal a reasonable portion of the sample, as required by the arbitrators or the Department as the case may be, in a stout envelope or container;
(b)where the grain is tendered for shipment forward the sealed portion to the arbitrators; and
(c)where the grain is tendered for other than shipment forward the sealed portion to the Department subject to prior payment by the person entitled to grain to the Department of a required fee for inspection of that portion by an officer of the Department on condition that if the officer decides against the Company the Company shall reimburse the person entitled to grain for the amount of the fee.
[Regulation 28 amended in Gazette 25 Sep 1981 p. 4158; 17 Feb 1989 p. 496; 7 Jul 1989 p. 2116; 17 Aug 1990 p. 4069; 24 Jul 1992 p. 3612; 17 Sep 1993 p. 5045; 24 Jun 1994 p. 2834; 21 Jul 1995 p. 3062; 3 Sep 1996 p. 4373; 19 Aug 1997 p. 4714; 23 Jun 1998 p. 3315; 20 Jun 2000 p. 3002; 5 Jun 2001 p. 2849; 28 Jun 2002 p. 3043; 17 Jun 2003 p. 2208; 9 Sep 2003 p. 4045.]
Where a person entitled to grain requires a replacement of a warrant lost or destroyed —
(a)that person shall —
(i)procure from some person or persons acceptable to the Company an indemnity in accordance with Form 4 or in any other form required by the Company; and
(ii)make in accordance with Form 5 and produce to the Company a statutory declaration of the circumstances attendant upon the loss or destruction;
and
(b)where the person entitled to grain complies with the requirements of paragraph (a) the Company shall —
(i)at the cost of the person entitled to grain advertise the loss or destruction in “The West Australian” newspaper and give notice in that advertisement that it intends, after the expiration of a specified time, to issue a warrant in place of the warrant lost or destroyed; and
(ii)if at the expiration of the time specified in item (i) the warrant has not been discovered, issue to the person entitled to grain a warrant of a separate series to the warrant lost or destroyed stating on the face of it that it is issued in substitution for the warrant lost or destroyed.
[Regulation 29 amended in Gazette 9 Sep 2003 p. 4045.]
30.Issue of a number of warrants in exchange for one warrant
(1)A person entitled to grain requiring 2 or more warrants in exchange for one warrant shall submit the warrant to the Company together with a request in writing for the issue of separate warrants and a list showing the —
(a)number of warrants required;
(b)quantity of grain (being not more in total than shown on the surrendered warrant) to be represented by each;
(c)name or names in which the warrants are to be issued; and
[(d)deleted]
(e)such other particulars as are applicable.
(2)Where a person entitled to grain complies with the requirements of subregulation (1) the Company shall forthwith —
(a)cancel the warrant submitted; and
(b)issue to the person entitled to grain warrants of a separate series to the warrant submitted and clearly stating on the face of each warrant then issued that it is issued in a specified part substitution of the warrant submitted.
[Regulation 30 amended in Gazette 9 Sep 2003 p. 4045.]
(1)A holder of warrants representing a single type of grain grown by one grower and delivered at one particular place, requiring one warrant in exchange for such warrants, shall submit the warrants to the Company together with a request in writing for the issue of a composite warrant and a list showing the —
(a)numbers of the warrants;
(b)type of grain;
(c)person entitled to grain;
(d)place of delivery;
(e)quantities represented by each warrant; and
[(f)deleted]
(g)such other particulars as are applicable.
(2)Where a person entitled to grain complies with the requirements of subregulation (1) the Company shall forthwith —
(a)cancel the warrants submitted; and
(b)issue to the person entitled to grain a warrant of a separate series to the warrants submitted and clearly stating on the face of it that it is a composite warrant in substitution for the warrants submitted.
[Regulation 31 amended in Gazette 9 Sep 2003 p. 4046.]
Subject to the express provisions of the Act and these regulations, if a dispute arises between the Company and the person entitled to grain concerning the performance or observance by either party of the provisions of the Act or the regulations, the matters and all questions incidental thereto shall be referred to arbitration under the provisions of the Commercial Arbitration Act 1985.
[Regulation 32 amended in Gazette 9 Sep 2003 p. 4046.]
[First and Second Schedules repealed in Gazette 4 Dec 1981 p. 5
[Third Schedule repealed in Gazette 28 Mar 1969 p. 1
[Form 1 deleted in Gazette 9 Sep 2003 p. 4046.]
Form 2
Bulk Handling Act 1967
NOTICE DISPUTING ASSESSMENT OF GRADE
(Determination by Company)
Co‑operat
PERTH.
I/we ................................................................................dispute the assessment of
(Name of Grower)
grade on a quantity of my grain details of which are as hereunder and require that the grade shall be determined at the registered or other office of the Company in accordance with section 43(5) of the Bulk Handling Act 1967.
.............................................................................
Signature of Grower or Grower’s Representative.
DETAILS OF GRAIN
Type of grain ...............................................................................................
Tendered at .................................. (Place) on ................................... (Date)
Quantity ...................................................................... tonnes.
Weighbridge Ticket No. ..........................................
Grade determined by Company Officer.......................................................
[Form 2 amended in Gazette 13 Jun 1975 p. 1904; 9 Sep 2003 p. 4046.]
Form 3
Bulk Handling Act 1967
NOTICE DISPUTING ASSESSMENT OF GRADE
(Determination by Department of Agriculture)
Co‑operat
PERTH.
I/we ......................................................................dispute the assessment of
(Name of Grower)
grade on a quantity of my grain details of which are as hereunder and require that the grade shall be determined by an officer of the Department of Agriculture in accordance with section 43(5) of the Bulk Handling Act 1967.
.............................................................................
Signature of Grower or Grower’s Representative.
DETAILS OF GRAIN
Type of grain ...............................................................................................
Tendered at .................................. (Place) on ................................... (Date)
Quantity ...................................................................... tonnes.
Weighbridge Ticket No. ..........................................
Grade determined by Company Officer ......................................................
To be furnished in triplicate.
[Form 3 amended in Gazette 13 Jun 1975 p. 1904; 9 Sep 2003 p. 4046.]
Form 4
Bulk Handling Act 1967
INDEMNITY FOR LOST WARRANT
Co‑operat
PERTH.
In consideration of your issuing a further warrant to..............................................
of .......................................................... for..................................................tonnes
of ........................................ delivered at ............................................................ in lieu of Warrant No. ........................................., and which Warrant has been lost, as set out in the Statutory Declaration hereto
I/We further undertake that, should the said
recovered it will be returned to you immediately by..............................................
for cancellation.
Dated at ................... this ..................... day of .................................., 20.............
Signed........................................................
Witness ...................................... J.P.
[Form 4 amended in Gazette 13 Jun 1975 p. 1904.]
Form 5
Bulk Handling Act 1967
DECLARATION OF LOSS
I/We ..................................................... of..............................................................
in the State of Western Australia, do solemnly and sincerely declare as follows: —
1. I am/We are the owner of Warrant No.....................................................
issued in the name of ............................................................................. for
.................................tonnes of.............................................delivered in the names of .................................................... at ..........................................to Co‑operat
2. The said
3. I/We have never at any time parted with the possession of the said
And I/we make this solemn declaration by virtue of section 106 of the Evidence Act 1906.
Declared at .............................................................................in the said
............................................ day of .......................................................20 ............
...................................................................
Before me ................................ J.P.
(10c Duty Stamp.)
[Form 5 amended in Gazette 13 Jun 1975 p. 1904; 9 Sep 2003 p. 4047.]
[Fourth Schedule amended in Gazette 13 Jun 1975 p. 1904; 9 Sep 2003 p. 4046‑7.]
Notes
1This reprint is a compilation as at 14 November 2003 of the Bulk Handling Act Regulations 1967 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
By Authority: JOHN A. STRIJK, Government Printer