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

46. Payment of revenue

All dues are hereby levied and charged for the use and benefit of the Company and (notwithstanding any other provision of these by‑laws) the owner, master and agent (other than the Company or a related corporation) of a vessel in respect of, or in connection with which, any dues are payable shall be jointly and severally liable to the Company for those dues.

All dues shall be paid to the Company which may at any time sue for and recover the same in any court of competent jurisdiction.

All dues shall be paid before the vessel in respect of, or in connection with which, they are charged or payable leaves the jetty and berth area, but the Company may accept in lieu of that payment a written guarantee from the master, owner or agent of the vessel in the form set out in Schedule 1 that those dues will be paid within 14 days after the departure of the vessel from the jetty and berth area.

Unless the Company has accepted a guarantee in the form referred to in sub‑bylaw (3) in relation to a vessel in respect of, or in connection with which, any dues are charged or payable and unpaid, the Marine Supervisor may detain that vessel until those dues are paid.

47. Liability of consignee and consignor

Where the owner, master or agent fails to pay the dues levied and charged under by‑law 46 —

the consignee shall be liable to pay to the Company the dues in respect of all inward cargo; and

the consignor shall be liable to pay to the Company the dues in respect of all outward cargo.

Nothing in this by‑law limits the right of the Company to recover dues from any person (other than the consignee or consignor) who may be liable to pay the charges.

48. Tonnage and other charges

The appropriate tonnage charge set out in Part 1 of Schedule 2 shall be paid in respect of the occupancy by a vessel of a berth.

For the purpose of assessing a tonnage charge referred to in sub‑bylaw (1), a vessel shall be deemed to occupy a berth from the time when the first line is made fast until the last line is let go and, if after the first line is made fast the vessel is required to leave the berth prior to completion of loading, and then to re‑enter the berth to complete loading, the aggregate period constituted by those individual periods of occupancy shall be regarded as its occupancy of the berth.

The appropriate tonnage charge set out in Part 2 of Schedule 2 shall be paid in respect of each entry by a vessel into the jetty and berth area, and for the purposes of assessing that charge an entry shall be defined as an entry by a vessel into the jetty and berth area for the purpose of loading a cargo but is limited to a maximum of one entry per total loading.

The charge set out in Part 3 of Schedule 2 shall be paid each calendar year, in respect of the entry into or operation within the jetty and berth area of every tug, lighter, barge, lines launch, and launch registered under the W.A. Marine (Hire and Drive Vessels) Regulations 1983.

49. Certificate of registry

The master of every vessel occupying or about to occupy a berth shall produce the certificate of registry of such vessel to the Marine Supervisor or any other officer of the Company upon demand.

50. Exemption from payment

Vessels of war and vessels owned by the Crown in right of the Commonwealth or the Crown in right of a State shall, if those vessels are not engaged in trade, be exempt from the payment of all dues.

If any vessel occupies a berth only for the purpose of landing a sick or injured person and remains only for such time as may be necessary for that purpose, the Company may exempt that vessel from all or any dues.

51. Rebates of tonnage rates

When a vessel occupies a berth —

in distress or under duress; or

for fitting, refitting or repairs,

the Company may grant to the vessel a rebate of the balance of dues in excess of the dues payable for the occupation by the vessel of a berth for 6 hours.

52. Towage

There shall be paid in respect of any vessel using the services of a tug provided by or on behalf of the Company the appropriate charge set out in clause 1, 2 or 3 of Schedule 3 and, if a request for the services of such a tug is subsequently cancelled by or on behalf of the applicant vessel before those services are used, the charge set out in clause 4 of that Schedule shall be payable.

An application for the services referred to in sub‑bylaw (1) shall be made to the Marine Supervisor in the form set out in Schedule 4.

The conditions set out in Schedule 5 apply to all towage by tugs under these by‑laws, but those conditions do not apply to or affect any claim by the Company for salvage services or services in the nature of salvage.

The Harbour Master may require the master of a vessel which is being berthed or unberthed to engage the services of one or more tugs provided by or on behalf of the Company for that purpose and an appropriate charge set out in clause 1, 2 or 3 of Schedule 3 shall be paid in respect of, and the conditions referred to in sub‑bylaw (3) apply to, any such towage.

53. Miscellaneous charges

The charges set out in Schedule 6 shall be paid in respect of the services set out in that Schedule, and the conditions set out in that Schedule apply to those services.

The Harbour Master may require the master of a vessel which is being berthed or unberthed to engage the services of one or more lines launches or work boats provided by or on behalf of the Company for that purpose, and the charges set out in Schedule 6 shall be paid in respect of those services.

54. Manifests

The master of a vessel desiring to load or unload cargo at a jetty shall, before that loading or unloading begins, deliver to the Marine Supervisor 2 legible and complete copies in the English language of the manifest of that vessel, certified by that master to be true and complete.

Prior to the unberthing of a vessel —

which has loaded or unloaded cargo at a jetty, the master of that vessel shall deliver to the Marine Supervisor a statement in duplicate, certified by that master to be true and complete, of any amendments which have been made to the manifest of that vessel, together with the reasons for those amendments, if any;

which has loaded cargo at a jetty, the master of that vessel shall deliver to the Marine Supervisor 2 legible and complete copies in the English language of the manifest of that vessel, certified by that master to be true and complete and containing such details of the cargo loaded as the Company requires.

55. Vessel to be prepared to load or unload

Prior to the berthing of a vessel, the master of the vessel shall cause the vessel to be ready to load or unload cargo and shall comply with any directions given by the Marine Supervisor in relation thereto.

56. Hatch covers

Upon the completion of the loading or unloading of cargo and at such other times as the Marine Supervisor in his discretion may direct, the master of a vessel shall cause the hatch covers of the vessel to be closed.