Western Australia

Port Authorities Act 1999

Port Authorities Amendment Regulations (No. 2) 2026

Western Australia

Port Authorities Amendment Regulations (No. 2) 2026

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulations 112A and 112B inserted1

112A.Reasonable assistance to port authorities to perform functions1

112B.Reasonable assistance to port authorities to implement and facilitate port transfers2

Port Authorities Act 1999

Port Authorities Amendment Regulations (No. 2) 2026

Made by the Governor in Executive Council.

1.Citation

These regulations are the Port Authorities Amendment Regulations (No. 2) 2026.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Port Authorities Regulations 2001.

4.Regulations 112A and 112B inserted

At the beginning of Part 8 insert:

112A.Reasonable assistance to port authorities to perform functions

(1)In this regulation —

port authority personnel means members of staff, contractors and agents of a port authority;

private operator, in relation to a port, means a person, other than the port authority, who —

(a)is engaged in port operations; or

(b)is the owner or occupier of land immediately adjacent to the port that is used for the purposes of, or in connection with, port operations.

(2)If requested by the port authority, a private operator at a port must provide any assistance reasonably required by the port authority for the purposes of enabling the port authority to perform its functions in the port, including but not limited to —

(a)facilitating, in a timely manner, transport to and from the port of —

(i)port authority personnel; and

(ii)any equipment reasonably required by port authority personnel;

and

(b)doing anything necessary to enable port authority personnel to access navigational aids and other port facilities; and

(c)ensuring that port authority personnel, while at the port, have means of subsistence and reasonable accommodation in the vicinity of the port.

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

112B.Reasonable assistance to port authorities to implement and facilitate port transfers

(1)In this regulation —

existing S&P Act port, port transfer, transfer provision, transfer time, Transport Department and Transport Minister have the meanings given in Schedule 8 clause 52(1) of the Act;

port authority has the meaning given in Schedule 8 clause 53(1) of the Act;

port authority personnel means members of staff, contractors and agents of a port authority;

private operator, in relation to the existing S&P Act port for a port named in a transfer provision, means a person, other than the Transport Department, the Transport Minister, another department or instrumentality of the State or the port authority, who —

(a)is engaged in the operation of the existing S&P Act port; or

(b)is the owner or occupier of land immediately adjacent to the existing S&P Act port that is used for the purposes of, or in connection with, the operation of the existing S&P Act port.

(2)If requested by the port authority before the transfer time of a port transfer, a private operator at the existing S&P Act port for the port named in the transfer provision must provide any assistance reasonably required by the port authority for the purposes of enabling the port authority to perform its functions under Schedule 8 clause 55(1) of the Act, including but not limited to —

(a)facilitating, in a timely manner, transport to and from the existing S&P Act port of —

(i)port authority personnel; and

(ii)any equipment reasonably required by port authority personnel;

and

(b)doing anything necessary to enable port authority personnel to access navigational aids and other facilities related to the existing S&P Act port; and

(c)ensuring that port authority personnel, while at the existing S&P Act port, have means of subsistence and reasonable accommodation in the vicinity of the port.

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

N. HAGLEY, Clerk of the Executive Council

© State of Western Australia 2026.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2026.

By Authority: ANDREW JONES, Government Printer