Shipping and Pilotage (Mooring Control Areas) Regulations 1983



    8. Approval for installation of mooring at mooring site

    (1) On receipt of the application referred to in regulation 6, the controlling authority may, when it is satisfied

    (a) that the mooring site selected or proposed to be allocated is appropriate;

    (b) the mooring proposed by the applicant is generally suitable for the vessel or other nominated floating object to be located thereon;

    (c) the vessel or other floating object to be located on the mooring will not constitute a danger or interfere with the navigation of other craft that may use the area; and

    (d) that the establishment of a mooring in the area selected is not likely to interfere with other possible useage of the waters,

    grant approval for the installation of a mooring by notice in writing to the applicant.

    (2) The applicant shall notify the controlling authority when the mooring is in position and shall, if so required by the controlling authority, assist the person nominated by the controlling authority in an inspection of the mooring.

    (3) When the controlling authority is satisfied that the provisions of these regulations have been complied with it may register that mooring site in the name of the applicant.

    (4) If a mooring has been established by a person in a mooring control area prior to the proclamation of that mooring control area and if that person makes application in accordance with regulation 6 for the registration of the mooring site upon which that mooring has been established, the controlling authority may, upon being satisfied that the provisions of these regulations have been complied with, register the mooring site in the name of the applicant without giving the notice referred to in subregulation (1) and the controlling authority shall give notice in writing of the registration to the applicant.

    (5) Where a mooring has been established in a mooring control area but application is not made to the controlling authority in accordance with regulation 6 the controlling authority may remove and destroy that mooring, but the power of removal and destruction shall not be exercised if the controlling authority is aware of the identity of the owner or reputed owner of that mooring until

    (a) the controlling authority sends such owner or reputed owner notice of its intention to remove and destroy the mooring unless application under regulation 6 is made to it within 14 days after the date appearing on the notice; and

    (b) the period of 14 days expires without such an application being made.

    (6) Without prejudice to the provisions of section 31 of the Interpretation Act 1918 2, notice under subregulation (5) may be given by fixing it to any vessel secured to the mooring or by attaching it to the mooring apparatus.

    [Regulation 8 amended in Gazette 11 Dec 1998 p. 6651.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.