Transport Regulations Amendment (Removal of Obstructions) Regulations 2025 00-00-00 Xml

Western Australia

Transport Regulations Amendment (Removal of Obstructions) Regulations 2025

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Navigable Waters Regulations 1958 amended

3.Regulations amended2

4.Regulation 2 amended2

5.Regulation 40 amended2

6.Part V replaced3

Part 5 — Obstructions

Division 1 — Preliminary

40A.Terms used3

40B.Application of Part4

40C.Meaning of obstruction4

Division 2 — Offences

40D.Offences relating to obstructions5

40E.Offences relating to accessing or interfering with obstructions6

40F.Notice to avoid or remedy contravention7

Division 3 — Investigation of obstructions

40G.Inspectors may identify suspected obstructions8

40H.Access to obstructions9

Division 4 — Removal of obstructions

40I.Terms used9

40J.Removal of obstructions that are not vessels10

40K.Removal of obstructions that are vessels10

40L.Obstruction notices11

Division 5 — CEO may deal with obstructions

41.Application of Division12

42.CEO may deal with obstructions for purposes of removal13

43.Selling or gifting obstructions13

44.Obstruction may be returned to owner after removal14

45.Recovery of reasonable costs and expenses14

7.Regulation 45E amended16

8.Regulations 73 and 74 inserted16

73.Method of giving certain notices16

74.Offence of unauthorised endorsement or alteration of infringement notices18

Part 3 — Mooring Regulations 1998 amended

9.Regulations amended19

10.Regulation 6A amended19

Part 4 — Western Australian Marine (Infringements) Regulations 1985 amended

11.Regulations amended20

12.Regulation 5 deleted20

13.Schedule 1 amended20

Jetties Act 1926
Shipping and Pilotage Act 1967
Western Australian Marine Act 1982

Transport Regulations Amendment (Removal of Obstructions) Regulations 2025

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.Citation

These regulations are the Transport Regulations Amendment (Removal of Obstructions) Regulations 2025.

2.Commencement

These regulations come into operation as follows —

(a)Part 1 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 19 December 2025.

Part 2 — Navigable Waters Regulations 1958 amended

3.Regulations amended

This Part amends the Navigable Waters Regulations 1958.

4.Regulation 2 amended

In regulation 2(1) insert in alphabetical order:

Marine Act means the Western Australian Marine Act 1982;

occupier, in relation to premises, has the meaning given in section 6(1) of the Marine Act;

premises has the meaning given in section 6(1) of the Marine Act;

remove, for regulation 38 and Part 5, includes move;

5.Regulation 40 amended

Delete “$500.” and insert:

$5 000.

6.Part V replaced

Delete Part V and insert:

Part 5 — Obstructions

Division 1 — Preliminary

40A.Terms used

In this Part —

CEO means the chief executive officer;

departmental consent means the written consent of the CEO, and includes an authority or approval of the CEO given by an order or notice published in accordance with the Interpretation Act 1984 section 41(1)(a);

former vessel means a thing that was, but is no longer, a vessel;

obstruction has the meaning given in regulation 40C(2);

obstruction notice has the meaning given in regulation 40L(1);

person responsible, for a vessel or other thing, has the meaning given in regulation 45(1);

reasonable costs and expenses, for an obstruction, means the costs and expenses incurred by the Department, as determined by the CEO, relating to the removal, storage, management, destruction, sale or disposal of the obstruction under this Part, including the following —

(a)the costs of work carried out in relation to the obstruction;

(b)legal or other professional fees and disbursements in relation to the obstruction;

registered owner has the meaning given in section 107 of the Marine Act;

remedy notice has the meaning given in regulation 40F(1).

40B.Application of Part

(1)This Part prevails over Part IV to the extent of any inconsistency.

(2)This Part applies to, and in relation to, any thing that is —

(a)in, on or over State waters; or

(b)on land immediately adjacent to State waters.

40C.Meaning of obstruction

(1)In this regulation —

marine legislation means any of the following —

(a)the Marine Act;

(b)these regulations;

(c)the Jetties Act 1926 and regulations made under that Act;

(d)the Marine and Harbours Act 1981 and regulations made under that Act;

(e)the Shipping and Pilotage Act 1967 and regulations made under that Act.

(2)A vessel or other thing is an obstruction if it —

(a)is, or is likely to become, a hazard to safety or the environment; or

(b)is moored, berthed or otherwise placed in contravention of the marine legislation; or

(c)uses a pen, berth or mooring in contravention of a requirement to pay a berthing due or other charge for the use of the pen, berth or mooring, as specified in a notice given under the marine legislation; or

(d)otherwise obstructs, or is likely to obstruct, the safe or lawful use of State waters or a thing in, on or over State waters (such as a jetty, mooring or berth).

(3)Without limiting subregulation (2), an obstruction includes the following —

(a)any part of the obstruction;

(b)any other thing contained within the obstruction;

(c)an obstruction used for residential purposes.

Division 2 — Offences

40D.Offences relating to obstructions

(1)In this regulation —

channel means an area of State waters that, whether or not indicated by navigation marks, provides a passage for vessels;

fairway means the part of an area of State waters ordinarily used by vessels for navigation through the area.

(2)A person must not cause or allow a vessel or any other thing to be —

(a)an obstruction referred to in regulation 40C(2)(b) or (c); or

(b)any other obstruction.

Penalty for this subregulation: a fine of $15 000.

(3)A person must not place any of the following in a channel, fairway or passage —

(a)a crab drop net or fishing net;

(b)a marker buoy or other buoyed object.

Penalty for this subregulation: a fine of $1 000.

(4)It is a defence to a charge of an offence under this regulation to prove that the person charged was acting in accordance with a departmental consent in effect when the alleged offence was committed.

40E.Offences relating to accessing or interfering with obstructions

(1)In this regulation —

identified obstruction means —

(a)a thing identified as an obstruction by an inspector under regulation 40G; or

(b)an obstruction in relation to which a remedy notice or obstruction notice has been given or made publicly available;

interfere with includes damage, remove a part from or otherwise deface or destroy;

relevant person means the following —

(a)an authorised person or inspector;

(b)in relation to an obstruction —

(i)the owner of the obstruction; or

(ii)a person acting on behalf of the owner of the obstruction.

(2)A person, other than a relevant person, must not climb on or otherwise access an identified obstruction.

Penalty for this subregulation: a fine of $1 000.

(3)A person, other than a relevant person, must not interfere with an identified obstruction.

Penalty for this subregulation: a fine of $10 000.

(4)A relevant person, other than an authorised person or an inspector, must not access or interfere with an identified obstruction otherwise than in accordance with a remedy notice in relation to the obstruction.

Penalty for this subregulation: a fine of $10 000.

(5)It is a defence to an offence under this regulation to prove that the person charged was acting in accordance with a departmental consent in effect when the alleged offence was committed.

40F.Notice to avoid or remedy contravention

(1)The CEO may give a written notice (a remedy notice) to a person if the CEO suspects on reasonable grounds that the person is committing, or is likely to commit, an offence under regulation 40D.

(2)The remedy notice must include the following information —

(a)the steps that the person is required to take or the things that the person is required to stop doing to rectify the contravention;

(b)the period for complying with the notice;

(c)that failure to comply with the notice is an offence with a daily penalty;

(d)that, if the person fails to comply with the notice, the CEO may remove the obstruction in accordance with Division 4;

(e)that, if the CEO removes the obstruction, the reasonable costs and expenses for the obstruction will be —

(i)a debt due to the State; and

(ii)a first charge in priority to all other claims on the obstruction.

(3)The remedy notice may, by further notice given to the person, be varied or revoked.

(4)A remedy notice may be given to more than 1 person in relation to the same contravention.

(5)A remedy notice continues to have effect until the notice is complied with or revoked even though the period for complying with the notice has ended.

(6)A person who fails to comply with a remedy notice given to the person commits an offence.

Penalty for this subregulation:

(a)a fine of $5 000;

(b)a daily penalty of $200 for each day or part of a day during which the offence continues.

Division 3 — Investigation of obstructions

40G.Inspectors may identify suspected obstructions

An inspector may fix a label to a thing, including a vessel or a former vessel, to identify it as an obstruction if the inspector reasonably suspects that it is an obstruction.

40H.Access to obstructions

(1)An inspector may enter premises to gain access to an obstruction for the purposes of exercising the powers of the inspector in relation to the obstruction if —

(a)for any part of the premises used only for residential purposes — the inspector enters that part of the premises —

(i)with the consent of the occupier of the premises; or

(ii)under a warrant;

and

(b)in exercising the powers, the inspector ensures, as far as reasonably practicable, that any damage to the premises is minimised.

(2)Part 2 Division 4 Subdivision 1 of the Marine Act applies to, and in relation to, a consent to enter premises under this regulation.

(3)This regulation does not apply to, or in relation to, an obstruction that is a vessel.

Note for this subregulation:

Powers relating to vessels, including boarding vessels, are set out in Part 2 Division 2 Subdivision 1 of the Marine Act.

Division 4 — Removal of obstructions

40I.Terms used

In this Division —

relevant owner, of a vessel, means —

(a)if the vessel was, but is no longer, registered — the last registered owner of the vessel; or

(b)if the vessel is registered — the registered owner of the vessel; or

(c)otherwise — the owner of the vessel.

Note for this definition:

For the definition of owner, in relation to a vessel, other than a registered vessel — see the Marine Act section 3(1).

40J.Removal of obstructions that are not vessels

(1)The CEO may remove a thing that, in the opinion of the CEO —

(a)is an obstruction; and

(b)is not a vessel or is a former vessel.

(2)If the CEO is satisfied that the obstruction has some appreciable value, the CEO must —

(a)take reasonable steps to establish the identity of the owner of the obstruction; and

(b)if the identity of the owner is established — give an obstruction notice to the owner —

(i)if reasonably practicable, before the obstruction is removed; or

(ii)otherwise — at any other time the CEO considers appropriate.

(3)The CEO may make the obstruction notice publicly available.

40K.Removal of obstructions that are vessels

(1)The CEO must, after forming an opinion that a vessel is an obstruction —

(a)take reasonable steps to establish the identity of the relevant owner of the vessel; and

(b)if the identity of the relevant owner is established — give an obstruction notice to the relevant owner; and

(c)if the identity of the relevant owner is not established — make the obstruction notice publicly available for at least 7 days.

(2)The CEO may remove the vessel 7 days after the obstruction notice is given to the relevant owner of the vessel.

(3)For the purposes of section 124C(2)(b) of the Marine Act, an obstruction notice given under subregulation (1)(c), is taken to have been given to the relevant owner of the vessel on the day the notice is made publicly available.

(4)Despite subregulation (2), the CEO may remove the vessel at any time if —

(a)the CEO is satisfied that the vessel is an immediate danger to safety or the environment; and

(b)an obstruction notice is given to the relevant owner of the vessel.

40L.Obstruction notices

(1)An obstruction notice must include the following information —

(a)a description of the vessel or other thing;

(b)an outline of the facts and any other circumstances forming the basis of the CEO’s opinion that the vessel or other thing is an obstruction;

(c)the date and method of the removal or proposed removal of the obstruction;

(d)if the obstruction has been removed —

(i)the place to which the obstruction was moved; and

(ii)that the obstruction may be returned to the owner if the CEO is paid the reasonable costs and expenses for the obstruction, if any, before the date specified;

(e)that the CEO may deal with the obstruction in accordance with this Part;

(f)that the reasonable costs and expenses for the obstruction are —

(i)a debt due to the State; and

(ii)a first charge in priority to all other claims on the obstruction.

(2)An obstruction notice may also be given to any person responsible for the vessel or other thing.

(3)An obstruction notice given to an owner of an obstruction (other than a registered vessel) is taken to have been given to each owner of the obstruction whether or not —

(a)there is a change in the ownership of the obstruction after the notice is given; or

(b)the obstruction is owned by more than 1 person.

Division 5 — CEO may deal with obstructions

41.Application of Division

(1)This Division applies to an obstruction if —

(a)the CEO may remove the obstruction under regulation 40J(1) or 40K(2) or (4); or

(b)the CEO has removed the obstruction in accordance with this Part.

(2)This Division extends to a vessel or other thing that —

(a)immediately before the commencement of this regulation, was in the possession of the CEO; and

(b)would have been an obstruction if this Part had commenced immediately before the vessel or other thing came into the possession of the CEO.

42.CEO may deal with obstructions for purposes of removal

For the purposes of, or after, the removal of an obstruction, the CEO may deal with the obstruction as follows —

(a)sell or otherwise dispose of the obstruction;

(b)store the obstruction;

(c)repair or treat the obstruction;

(d)destroy the obstruction, but only if the CEO considers that the destruction is reasonable in the circumstances.

43.Selling or gifting obstructions

(1)If an obstruction is sold or gifted in good faith to a person who takes possession of the obstruction in good faith, the person receives good title to the obstruction against every other person.

(2)The proceeds of the sale of an obstruction must be applied towards reducing the reasonable costs and expenses for the obstruction.

(3)If the proceeds of the sale of an obstruction exceed the reasonable costs and expenses for the obstruction, the balance remaining after the reasonable costs and expenses are deducted must be —

(a)if the identity of the owner is established within 7 days of the sale — paid to the owner of the obstruction; or

(b)otherwise — credited to the Consolidated Account.

44.Obstruction may be returned to owner after removal

(1)The CEO may, after an obstruction is removed, return the obstruction to a person who —

(a)establishes, to the satisfaction of the CEO, that they are the owner of the obstruction; and

(b)pays to the CEO the reasonable costs and expenses for the obstruction, if any.

(2)The CEO may decide to waive or reduce the amount payable for the reasonable costs and expenses for the obstruction if the CEO considers it appropriate in the circumstances.

(3)The CEO may determine the time at which, and the way in which, the obstruction must be returned to the person.

45.Recovery of reasonable costs and expenses

(1)In this regulation —

person responsible, for a vessel or other thing, means any 1 or more of the following —

(a)for a registrable vessel that has been registered —

(i)the registered owner of the vessel;

(ii)if the vessel is no longer registered — the last registered owner of the vessel;

(iii)the owner of the vessel;

(iv)the last master of the vessel;

(b)for another kind of vessel —

(i)the owner of the vessel;

(ii)the last master of the vessel;

(c)for a former vessel —

(i)the owner of the former vessel;

(ii)the last registered owner of the former vessel;

(iii)the last master of the former vessel;

(d)for a thing that is not a vessel — the owner or last owner of the thing;

(e)any person who has, or last had, responsibility for the vessel or other thing.

(2)The reasonable costs and expenses for an obstruction are —

(a)a debt due to the State by the person responsible for the vessel or other thing that is, or was, the obstruction; and

(b)recoverable by the State from the person responsible in a court of competent jurisdiction; and

(c)a first charge in priority to all other claims on the vessel or other thing that is, or was, the obstruction.

(3)In accordance with the Personal Property Securities Act 2009 (Cth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subregulation (2)(c).

7.Regulation 45E amended

After regulation 45E(2a) insert:

(2B)Despite subregulation (2a), the Department must not, without the approval of the CEO, transfer the registration for the vessel if —

(a)the vessel is identified as an obstruction by an inspector under regulation 40G; or

(b)a notice in relation to the vessel is given to a person or made publicly available under Part 5; or

(c)the CEO deals with the vessel under Part 5 Division 5.

8.Regulations 73 and 74 inserted

At the end of Part VIII insert:

73.Method of giving certain notices

(1)The following documents are taken to be given to the occupier of premises if an inspector leaves the document in a prominent place on the premises —

(a)a notice of the inspector’s intention to apply for an extension under section 33(4) or 36(2) of the Marine Act;

(b)a notice of the inspector’s intention to secure equipment under section 35(3) of the Marine Act.

(2)A notice given in accordance with subregulation (1) is taken to be given at the time the notice is left on the premises by the inspector.

(3)The following documents may be given to a person by electronic means if the person consents to receiving electronic communication at a designated electronic address —

(a)an improvement notice given under section 22(1) of the Marine Act, and copies of the improvement notice given under section 23(2) of the Marine Act;

(b)notice of an inspector’s intention to apply for an extension under section 33(4) or 36(2) of the Marine Act;

(c)notice of an inspector’s intention to secure equipment under section 35(3) of the Marine Act;

(d)notice of prohibited carriage of cargo given under section 95 of the Marine Act;

(e)notice of exemptions given under section 115A(1B)(a) or (c) of the Marine Act;

(f)an infringement notice given under section 132(2)(a) of the Marine Act;

(g)notice of a withdrawn infringement notice given under section 132(5) of the Marine Act;

(h)notice of an alleged offence given under section 133(2) of the Marine Act;

(i)a notice given under these regulations.

(4)A notice given to a person in accordance with subregulation (3) is taken to be given —

(a)if sent to the person’s designated electronic address — at the time the electronic communication becomes capable of being retrieved by the person at the designated electronic address; or

(b)if sent to another electronic address of the person — at the time the person becomes aware that the electronic communication has been sent to the other electronic address.

74.Offence of unauthorised endorsement or alteration of infringement notices

(1)In this regulation —

designated officer has the meaning given in section 132(11) of the Marine Act.

(2)A person who makes any endorsement on, or alteration to, an infringement notice commits an offence.

Penalty for this subregulation: a fine of $500.

(3)Subregulation (2) does not apply to an authorised person, an inspector or a designated officer.

Part 3 — Mooring Regulations 1998 amended

9.Regulations amended

This Part amends the Mooring Regulations 1998.

10.Regulation 6A amended

Delete regulation 6A(3)(b) and insert:

(b)may require the person to move the vessel from, out of or to a specified place within a specified time.

Part 4 — Western Australian Marine (Infringements) Regulations 1985 amended

11.Regulations amended

This Part amends the Western Australian Marine (Infringements) Regulations 1985.

12.Regulation 5 deleted

Delete regulation 5.

13.Schedule 1 amended

(1)In Schedule 1 under the heading “Navigable Waters Regulations 1958” delete items 10 to 12 and insert:

10B	40D(2)(a)	Causing or allowing vessel or other thing to be an obstruction referred to in regulation 40C(2)(b) or (c)	400
10C	40D(3)	Placing crab drop net, fishing net, marker buoy or other buoyed object in channel, fairway or passage	200
10D	40E(2)	Climbing on or accessing obstruction	200
10E	40E(3)	Interfering with obstruction	2 000
10F	40E(4)	Relevant person accessing or interfering with obstruction other than in accordance with remedy notice	2 000
10G	40F(6)(a)	Failure to comply with remedy notice	400

(2)In Schedule 1 under the heading “Navigable Waters Regulations 1958” after item 48 insert:

48A	74(2)	Making endorsement on, or alteration to, infringement notice	100

(3)In Schedule 1 under the heading “Western Australian Marine Act Section” before item 49 insert:

48B	19(4)	Failure to comply with direction under section 19(1) or (2)	400

K. COLLERAN, Clerk of the Executive Council

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