Evaporites (Lake MacLeod) (Cape Cuvier Berth) By-laws 1991

4. Berthing

A master of a vessel shall not berth or unberth the vessel within the jetty and berth area or cause or allow it to be so berthed or unberthed without the prior permission of the Marine Supervisor.

5. Directions of Harbour Master

The master of a vessel within the jetty and berth area shall not be obliged to comply with the provisions of by‑law 4 or any permission given thereunder if to do so would constitute a failure to comply with any direction given by the Harbour Master under the Shipping and Pilotage Act 1967.

6. No interference with access

The master of a vessel (other than a vessel within the jetty and berth area which is directed by the Harbour Master so to do under the Shipping and Pilotage Act 1967) shall not cause or permit the vessel to be anchored, berthed or moored so as to obstruct the approach to any jetty.

7. Mooring equipment

The master of a vessel moored within the jetty and berth area shall cause the vessel to have such cables, warps, hawsers, fenders and mooring ropes as in the opinion of the Harbour Master are reasonable and necessary for the proper securing of the vessel.

8. Permission for repairs

The master, owner or agent of any vessel at anchor in the vicinity of the jetty and berth area or occupying a berth shall notify the Harbour Master of any intention to undertake repairs to engines or other repairs of whatsoever nature to that vessel whilst it is at anchor or occupying the berth.

The master of a vessel shall not cause or permit any repairs of the nature referred to in sub‑bylaw (1) to be done unless permission to do so in writing is first obtained from the Harbour Master.

9. Equipment for convenience and safety whilst berthed

The master of a vessel shall at all times cause the vessel to be provided with such gangways, manropes, ladders and similar appliances and shall exhibit such lights as in the opinion of the Harbour Master are necessary for the convenience and safety of persons passing to and from the vessel.

10. Provision of tackle

Notwithstanding any permission granted under by‑law 18 by the Marine Supervisor, the master of a vessel shall provide such tackle as in the opinion of the Marine Supervisor is necessary for the proper slinging of all cargo unloaded from the vessel on to any jetty or work boat or loaded or intended to be loaded from any jetty or work boat into the vessel.

11. Master to keep vessel clear

The master of a vessel shall keep the vessel and all boats, rigging, ropes, hawsers, and other equipment or fittings thereof, and gangways used or intended to be used in connection with the vessel, at all times free and clear of any shiploader, gear, plant or other thing on any jetty, irrespective of whether that shiploader, gear, plant or other thing is stationary or in use.

12. Tackle not to be cast off without permission

Unless the Harbour Master otherwise permits, a person shall not cut, cast off or interfere in any way with any rope or tackle made fast or attached to any mooring buoy or any vessel occupying a berth, if that rope or tackle has been made fast or attached in accordance with any direction of the Harbour Master.

13. Working propeller

Unless the Harbour Master otherwise permits, a person shall not work or cause to be worked the propeller of any vessel while that vessel is occupying any berth, and notwithstanding that any such permission has been given a person shall not work that propeller or cause it to be worked if that working may cause damage to any property, or injure any person, but nothing in this by‑law shall preclude the working of any propeller for the safe berthing or unberthing of any vessel.

14. Vessel to have sufficient ballast

Notwithstanding anything contained in any other by‑law, the master of a vessel occupying any berth or at anchor shall have on board at all times such quantity of cargo or ballast as may be necessary —

to keep the vessel safe; and

to prevent damage or injury to all berth installations.

15. Vessel to be in seagoing condition

Notwithstanding anything contained in any other by‑law, the master of a vessel occupying any berth or at anchor shall at all times maintain the vessel —

in a seagoing condition; and

so as to be ready to put to sea without any delay.

16. Safety precautions

A person shall not without the permission of the Marine Supervisor —

embark upon or land from any vessel occupying any berth except in a manner approved by the Marine Supervisor;

or unless directed to do so by the pilot of that vessel, embark upon or land from any vessel while such vessel is berthing or unberthing and is in motion; or

enter upon any berth installation.

17. Permission to leave vessel

The master of a vessel shall not, without the prior permission of the Marine Supervisor, leave the vessel or permit any other officer or member of the crew of the vessel to do so.

18. Embarkation, jetty and berth area

A person shall not cause or permit any passengers, cargo or ballast to be embarked or shipped, or disembarked or unshipped, on or from any vessel in the jetty and berth area, unless —

the Marine Supervisor otherwise permits; or

the person is acting in compliance with a direction given by the Harbour Master under by‑law 19.

19. Direction of Harbour Master paramount

The master of a vessel within the jetty and berth area shall comply with any direction given by the Harbour Master under the Shipping and Pilotage Act 1967.

20. Watchman

The master of a vessel the tonnage of which —

exceeds 150 tonnes shall cause a watchman to be kept on duty on the deck of the vessel; or

does not exceed 150 tonnes shall cause at least one person to be on board,

whilst the vessel occupies a berth.

21. Cargo loaded and discharged

The master of a vessel onto which or from which cargo is loaded or unloaded shall ensure that the cargo is handled only by members of the crew of the vessel or persons employed or provided by or on behalf of the Company, unless the Marine Supervisor has otherwise given permission.

The master of a vessel onto which or from which cargo is loaded or unloaded or onto which or from which passengers are embarked or disembarked shall ensure that the cargo or passengers shall be loaded, unloaded, embarked or disembarked, as the case may be, only at such places on any jetty or other berth installation as have previously been approved by the Marine Supervisor, and any cargo which is to be loaded onto a vessel from a jetty or which has been unloaded onto a jetty shall be stacked or stored only at such places or areas as have previously been approved by the Marine Supervisor.

The master of a vessel who is required to use the services of tugs, lines launches or work boats shall use such tugs, lines launches or work boats and associated personnel as are provided by the Company.

22. Discharges into water

A person shall not deposit, discharge or permit to fall into the water, other than at a place previously designated for that purpose by the Harbour Master, any matter likely —

to interfere with or inconvenience any shipping using any jetty or other berth installation; or

to damage any jetty or other berth installation or other property of the Company.

23. Matter deposited on jetty or berth

A person shall not without the prior written permission of the Marine Supervisor deposit or cause or permit to be deposited any matter on any jetty or other berth installation or other property of the Company.

24. Openings to be screened

Unless prior permission is given by the Harbour Master, the master of a vessel in or in the vicinity of the jetty and berth area shall ensure that all openings out of which steam, water, fluids or waste is liable to be discharged from the vessel are properly screened and protected so as to prevent any such discharge.

25. Fire

An officer or member of the crew of a vessel, or an officer of the Company, who discovers or is aware of an outbreak of fire in or on board any vessel in or in the vicinity of the jetty and berth area shall forthwith —

raise an alarm; and

notify the Marine Supervisor and Harbour Master of that outbreak.

An officer or member of the crew of a vessel in or on board which there is an outbreak of fire, or an officer of the Company, shall give such assistance in extinguishing the fire and protecting the berth installations and other vessels as the Marine Supervisor may direct.

A person shall not break, sound or in any manner operate or interfere with any electrical or other fire alarm on any jetty or other berth installation or other premises of the Company except in the case of an outbreak of fire.

26. Explosives

The master of a vessel having explosives on board, other than pyrotechnics which are required by the Commonwealth or the State to be carried on board, shall not cause or permit the vessel to enter the jetty and berth area or to lie within a distance of one kilometre from any part of it for any purpose unless the permission of the Chief Inspector and the Harbour Master has first been obtained.

27. Inflammable cargo

Inflammable cargo shall not be unloaded unless the Marine Supervisor is satisfied that it is imported under authority of a licence or permit granted by the Chief Inspector under the Explosives and Dangerous Goods Act 1961.

28. Explosion

Unless the prior written permission of the Marine Supervisor has been obtained, a person shall not fire any gun or explode any detonator or other explosive signal (save as a signal of distress) or use any explosive in or in the vicinity of the jetty and berth area or any other vessel.

29. Naked light

The master of a vessel in or in the vicinity of the jetty and berth area shall not cause or permit any flare‑up lamp, fire or naked light of any kind to be used in the hold of the vessel, whether for the purpose of working cargo or otherwise.

30. Trespass

A person shall not trespass on, use for recreation, make fast to, damage, injure, or otherwise interfere with any berth installation.

31. Obstruction of persons

A person shall not obstruct or hinder the Company, any of its officers or any other person in the rendering or provision of any berth service, and shall comply with any reasonable direction of the Marine Supervisor with respect to any such rendering or provision.

32. Obstruction relating to cargo

A person shall not obstruct or interfere with the loading or unloading of cargo or the embarkation or disembarkation of passengers within or in the vicinity of the jetty and berth area, and shall comply with any reasonable direction of the Marine Supervisor with respect to that loading, unloading, embarkation or disembarkation.

33. Hydrant

Unless the prior written permission of the Marine Supervisor has been obtained, a person shall not, except in the case of an outbreak of fire, turn any valve or cock of, or open or shut or tamper or interfere with, any fire plug or hydrant on any jetty or other berth installation.

34. Interference with plant

A person shall not play, tamper or in any way interfere with any plant, machinery, gear, equipment or fittings or any electric light or power mains on any jetty or other berth installation.

35. Nuisance

A person shall not do any act under or upon any jetty which —

does not already constitute an offence against these by‑laws; but

constitutes a public or private nuisance.

36. Notice boards

A person shall not remove, deface or otherwise interfere with any notice board erected on or in the vicinity of any jetty or other berth installation.

37. Defacement and bill posting prohibited

Unless the prior permission of the Marine Supervisor has been obtained, a person shall not write or paint on, or place any notice board, placard, sign or document on, any jetty or other berth installation.

38. Life‑saving appliances

A person shall not interfere with any life‑saving gear, boat hook, drag, grapnel, life‑buoy or other apparatus placed on any jetty or other berth installation and used or intended for the purpose of saving persons from drowning, unless that interference is for the purpose of saving life or for such other purpose as is approved by the Marine Supervisor from time to time.

39. Vehicles on jetty

Unless the prior permission of the Marine Supervisor has been obtained, a person shall not drive or permit to be driven any motor vehicle upon any jetty or any approach thereto, and if that permission is granted a person —

shall not park the motor vehicle except in an area set aside for that purpose;

when in a place where a notice is maintained indicating that standing or parking or the speed of a motor vehicle is prohibited, limited or restricted, shall comply with that prohibition or with the terms of that limitation or restriction;

shall not allow the motor vehicle to approach within 20 metres of any inflammable or explosive goods or cargo;

shall comply with all directions relating to the disposal of the motor vehicle and given by the Marine Supervisor or any other officer of the Company authorised by the Marine Supervisor for that purpose.

The Marine Supervisor or any other officer of the Company may move from any jetty or approach thereto to any other place any unattended motor vehicle or any motor vehicle the driver of which has failed to comply with any direction of the Marine Supervisor.

A person shall not cause or permit to be placed or to remain on a jetty any motor vehicle, cargo or other load in excess of the load limits determined from time to time by the Marine Supervisor and contained in a notice at the abutment of the jetty.

40. Disorderly persons

The Marine Supervisor and any other officer of the Company may take such steps as are necessary to prevent any intoxicated, idle or disorderly person from entering upon any jetty or other berth installation and to remove any such person who has so entered.

41. No assembly on jetty

Unless the prior permission of the Marine Supervisor has been obtained, a person shall not address any assembly of persons under or upon any jetty.

42. Children on jetty

A person having the custody or control of a child under the age of 12 years shall not cause or permit the child to enter, or remain upon, any jetty unless accompanied by a person aged 18 years or over.

43. Fishing

A person shall not fish from any part of any jetty or other berth installation.

44. No building allowed on jetty

Unless the prior permission of the Marine Supervisor has been obtained, a person shall not erect any building, staging or structure on or in any jetty or other berth installation.

45. No entry

The Company may by notice placed on a jetty close that jetty or part thereof, and a person shall not thereafter enter upon that jetty or that part without the prior written consent of the Marine Supervisor.