15/Dec/2003 - Current (at 31 Dec 2005)
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    3. Interpretation

    (1) In this Act unless the contrary intention appears

    }Australian fishing vessel~ means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under section 4(2) of the Fisheries Act 1952 of the Commonwealth is in force;

    }Australian ship~ means

    (a) a ship registered in Australia; or

    (b) an unregistered ship having Australian nationality;

    }Convention~ means the 1973 Convention as modified and added to by the 1978 Protocol;

    }harbour master~ means a harbour master appointed under section 4 of the Shipping and Pilotage Act 1967 or section 102 of the Port Authorities Act 1999 for a port and also means a person for the time being carrying out the duties of such a harbour master during his absence, illness or incapacity;

    }inspector~ means

    (a) a person who is an inspector for the purposes of the Western Australian Marine Act 1982;

    (b) a person who is appointed in writing by the Minister to be an inspector for the purposes of this Act;

    (c) a harbour master; or

    (d) a police office;

    }master~ in relation to a ship, means a person, other than a pilot, having command or charge of the ship;

    }occupier~ means

    (a) in relation to a place on land, the person by whom or on whose behalf the place is actually occupied or if there is no such person the person entitled to possession of the place;

    (b) in relation to a vehicle, the person in charge or the owner of the vehicle, but not the occupier of the land on or over which the vehicle stands or moves; and

    (c) in relation to a place on land being a pipeline, the person who undertakes the carriage of oil or an oily mixture by means of the pipeline;

    }place on land~ includes

    (a) any structure or apparatus on land;

    (b) any thing or vehicle resting on or moving over land;

    (c) anything resting on or lying under the bed, banks or shores of any State waters; and

    (d) anything afloat (other than a ship) if it is anchored or attached to the bed, bank or shore of any State waters or is used in any operation for the exploration of the sea-bed or subsoil beneath any State waters or for the exploitation of the natural resources of that sea-bed or subsoil;

    }pleasure vessel~ has the same meaning as in the Western Australian Marine Act 1982;

    }port authority~ means a port authority established under the Port Authorities Act 1999;

    }State waters~ means

    (a) the territorial sea adjacent to the State;

    (b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and

    (c) waters within the limits of the State;

    }the 1973 Convention~ means the International Convention for the Prevention of Pollution from Ships, 1973 as corrected by the Proces-Verbal of Rectification dated 13 June 1978 (a copy of the English text of which, apart from Annexes III, IV and V, as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention;

    }the 1978 Protocol~ means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (a copy of the English text of which, apart from Annexes III, IV and V to it, is set out in Schedule 2) as affected by

    (a) the amendments to the annex to the Protocol adopted on 7 September 1984 (a copy of the English text of which amendments is set out in Schedule 3);

    (b) the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the annex of the Protocol is set out in Schedule 4 and a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5); and

    (c) any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol;

    }this Act~ includes the regulations and orders made in pursuance of the regulations;

    }Tonnage Measurement Convention~ has the same meaning as in Part XA of the Navigation Act 1912 of the Commonwealth;

    }trading ship~ has the same meaning as in the Western Australian Marine Act 1982.

    (2) A reference in a section of this Act to a prescribed officer shall be read as a reference to the person for the time being occupying, or performing the duties of, an office in the Department or public authority of the State that deals with matters arising under that section, being an office that is prescribed for the purposes of that section.

    (3) Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention, otherwise than in an annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.

    (4) For the purposes of this Act

    (a) }inter-state voyage~ and }overseas voyage~ have the same respective meanings as in the Navigation Act 1912 of the Commonwealth;

    (b) an intra-state voyage is a voyage other than an inter-state voyage or an overseas voyage; and

    (c) for the purposes of paragraphs (a) and (b), a ship shall be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

    (5) A discharge of oil or of an oily mixture or of a liquid substance or a mixture containing a liquid substance onto or into any land or waters, or any structure or thing, having the result that the whole or any part of the oil or oily mixture or liquid substance or mixture containing a liquid substance eventually enters any State waters, is for the purposes of this Act deemed to be a discharge into those State waters of the oil or oily mixture or liquid substance or mixture containing a liquid substance.

    (6) Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.

    [Section 3 amended by No. 46 of 1993 s. 46; No. 71 of 2003 s. 11.]



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.