Whole Act
59 provisions in continuous reading order
Loading the complete Act…
These regulations may be cited as the Mooring Regulations 1998.
In these regulations, unless the contrary intention appears —
Act means the Western Australian Marine Act 1982;
additional vessel means a vessel authorised to use a mooring site under regulation 26(1);
approved means approved by the CEO;
CEO means the chief executive officer;
certificate of registration means a certificate of registration issued under the Navigable Waters Regulations 1958 1;
commercial general mooring site means a mooring site designated under regulation 7B(1)(e);
commercial resources mooring site means a mooring site designated under regulation 7B(1)(f);
courtesy mooring site means a mooring site designated under regulation 7B(1)(d);
emergency mooring site means a mooring site designated under regulation 7B(1)(c);
GHG operation has the meaning given in the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 section 5(1);
length, in relation to a vessel, means —
in the case of a vessel that has a certificate of survey in which the length of the vessel is specified — the length so specified; and
in the case of a vessel that is registered under the Navigable Waters Regulations 1958 1 —
the length of the vessel specified in the certificate of registration of that vessel; or
if the Minister is not satisfied as to the accuracy of that registered length, the length determined under paragraph (b);
and
in any other case, the distance from the fore part of the hull to the after part of the hull taken at the upperside of the uppermost weathertight deck or, in the case of an open vessel, at the height of the gunwale;
licensed vessel means a vessel authorised to use a mooring site under regulation 24;
maximum vessel length, for a mooring site, means the approved maximum length that a vessel may have to use the mooring site;
mooring means any gear (including an anchor or stake) set out in a permanent manner to which a vessel or other floating structure may be secured by a chain, cable, wire or rope;
mooring control area means a mooring control area declared under the Shipping and Pilotage Act 1967 section 10(2) to which these regulations apply under regulation 3;
mooring licence means a licence granted —
under section 65 of the Act in respect of waters in a mooring control area; and
after the coming into operation of these regulations;
mooring licensee means the holder of a mooring licence;
mooring site means waters in a mooring control area in respect of which a designation has been made under regulation 7B(1);
recreational mooring site means a mooring site designated under regulation 7B(1)(a);
register means the register referred to in regulation 9;
registered mooring site means a mooring site —
in respect of which a mooring licence is in force; and
that is recorded in the register;
regulated substance has the meaning given in the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 section 5(1);
rental mooring site means a mooring site designated under regulation 7B(1)(b);
shared‑use recreational mooring site means a recreational mooring site to which regulation 7C(3) applies;
tender has the meaning given in the Navigable Waters Regulations 1958 regulation 2(1);
waiting list means the waiting list established under regulation 10.
[Regulation 2 amended: Gazette 28 Feb 2003 p. 677; SL 2021/147 r. 4; SL 2024/191 r. 43; SL 2025/18 r. 4; SL 2026/72 r. 4.]
Subject to subregulation (2), these regulations apply to each mooring control area specified in Schedule 1 Division 1.
These regulations do not apply to an area within a mooring control area specified in Schedule 1 Division 1 if the area is identified as an excluded area on a plan in Schedule 2.
The CEO must publish on the Department’s website plans of each mooring control area specified in Schedule 1 Division 1, and those plans must show each area identified as an excluded area.
[Regulation 3 inserted: SL 2021/147 r. 5.]
A person must not install a mooring in a mooring control area without the written permission of the CEO.
Penalty for this subregulation: a fine of $2 000.
Subregulation (1) does not apply to the CEO.
[Regulation 4 inserted: SL 2021/147 r. 7.]
If a mooring is installed contrary to regulation 4, the CEO may by written notice —
given to the owner of the mooring; or
if the identity or whereabouts, or both, of the owner cannot be ascertained after reasonable inquiry — published once in a newspaper circulating throughout the State,
require the mooring to be removed from the mooring control area within such period (being not less than 7 days after the date the notice is given or published) as is specified in the notice.
If the owner of the mooring fails to comply with a notice under subregulation (1), the CEO may dispose of the mooring by —
removing the mooring; and
storing or destroying the mooring.
The CEO is not liable for any loss suffered by the owner of the mooring because of action taken by the CEO under subregulation (2), and any costs incurred in taking that action may be recovered by the CEO —
as a debt due to the State in a court of competent jurisdiction; or
by the sale of the mooring.
The proceeds of a sale referred to in subregulation (3)(b) are to be applied —
first to the expenses of the sale; and
second to the costs of removing the mooring,
and the balance, if any, of those proceeds is to be paid to the owner of the mooring but, if the identity or whereabouts, or both, of the owner cannot be ascertained after reasonable inquiries, credited to the Consolidated Account 2.
[Regulation 5 amended: SL 2021/147 r. 8.]
A person must not cause or permit a vessel to be secured to a mooring on a mooring site unless the vessel is authorised for the purposes of subregulation (2).
Penalty for this subregulation: a fine of $1 000.
A vessel is authorised for the purposes of this subregulation —
if the vessel is authorised to use the mooring site under Division 2 or under regulation 24 or 26 or, subject to paragraph (b), is a tender of a vessel so authorised; and
for a tender of a vessel referred to in paragraph (a) that uses the mooring site under the authority of a mooring licence or another form of authorisation — if the tender’s use of the mooring site complies with the conditions of the licence or authorisation.
Subject to subregulation (5), a person must not cause or permit a vessel for which an identification sticker has been issued under these regulations to be secured to a mooring on a mooring site unless the vessel exhibits the identification sticker so that it is clearly visible from the exterior of the vessel.
Penalty for this subregulation: a fine of $1 000.
In subregulation (3) —
identification sticker means the adhesive sticker referred to in regulation 7D(4)(a), 24(3) or 28(1)(c).
Subregulation (3) does not apply to a vessel that is —
authorised under regulation 7F to use the mooring on a rental mooring site; or
authorised under regulation 7H to use the mooring on an emergency mooring site; or
authorised under regulation 7I to use the mooring on a courtesy mooring site.
A vessel secured to a mooring on a mooring site is secured at the risk of the owner of the vessel.
[Section 6 inserted: SL 2021/147 r. 9.]
In this regulation —
person responsible, in relation to a vessel, means —
the master or owner of the vessel; or
another person who is in possession or control of the vessel.
The CEO may direct a person responsible for a vessel within a mooring control area to move the vessel if the CEO is of the opinion that —
the vessel is a risk to safe and unimpeded navigation within the mooring control area; or
the vessel is impeding the use of a mooring site within the mooring control area.
A direction under subregulation (2) —
may be given orally or in writing; and
may require the person to move the vessel from, out of or to a specified place within a specified time.
A person given a direction under subregulation (2) must comply with the direction.
Penalty for this subregulation:
for an individual, a fine of $2 000;
for a body corporate, a fine of $10 000.
The CEO may cause a vessel to be moved if a person given a direction under subregulation (2) does not move the vessel as directed.
The CEO may recover the cost incurred in causing the vessel to be moved as a debt due to the State in a court of competent jurisdiction from a person responsible for the vessel.
[Regulation 6A inserted: SL 2025/18 r. 5; amended: SL 2025/215 r. 10.]
In this regulation —
In this Division —
permissible vessel length means the maximum vessel length for a shared‑use recreational mooring site, as indicated by an approved coloured disc attached to the mooring on the site, when used by a vessel authorised under regulation 7C(5) or 7D(2).
[Regulation 7A inserted: SL 2021/147 r. 10.]
The CEO may designate waters in a mooring control area as —
a recreational mooring site; or
a rental mooring site; or
an emergency mooring site; or
a courtesy mooring site; or
a commercial general mooring site; or
a commercial resources mooring site.
The CEO may exercise the power conferred under subregulation (1) to change the designation of a mooring site previously designated under that subregulation.
[Regulation 7B inserted: SL 2021/147 r. 10; amended: SL 2025/18 r. 7.]
A recreational mooring site is a mooring site for a pleasure vessel.
Subject to this regulation and regulation 7D, a mooring licensee whose mooring licence specifies a recreational mooring site has the exclusive use of the mooring on that mooring site by —
the licensed vessel for that mooring site; and
any additional vessel for that mooring site.
A mooring licensee whose mooring licence specifies a recreational mooring site may agree, in the application for the licence or by written notice given to the CEO at any anniversary of the grant of the licence, to allow the mooring site to be used as a shared‑use recreational mooring site.
A mooring licensee who agrees to allow a recreational mooring site to be used as a shared‑use recreational mooring site may withdraw that agreement by written notice given to the CEO at any anniversary of the grant of the mooring licence.
Subject to regulation 7D, if subregulation (3) applies to a mooring licensee, the CEO must authorise the licensee’s licensed vessel under regulation 7D(2), without payment of the fee referred to in regulation 7D(3)(b), to use the mooring on any other shared‑use recreational mooring site.
The authorisation of a licensed vessel under regulation 7D(2) by the operation of subregulation (5) —
has no effect during any period when the mooring licensee’s annual mooring licence fee remains unpaid after the day on which payment is required under regulation 13(2); and
is cancelled if the mooring licensee gives notice under subregulation (4).
If a mooring licensee sells a licensed vessel (the sold vessel) that is authorised under regulation 7D(2) by the operation of subregulation (5), the sold vessel continues to be authorised under those provisions until the next anniversary of the grant of the mooring licence.
If another vessel (the substituted vessel) is substituted for the sold vessel as the licensed vessel following a request by the mooring licensee under regulation 25(1), the substituted vessel cannot be authorised under regulation 7D(2) by the operation of subregulation (5) until the payment of the annual mooring licence fee at the next anniversary of the grant of the mooring licence.
[Regulation 7C inserted: SL 2021/147 r. 10.]
In this regulation —
shared‑use mooring means the mooring on a shared‑use recreational mooring site.
Subject to subregulation (5), if the owner of a pleasure vessel applies to the CEO in the approved form, the CEO may, by written notice given to the applicant, authorise the vessel to use any shared‑use mooring.
An application under subregulation (2) —
must be made by an individual who has reached 17 years of age whose principal place of residence is in the State; and
must be accompanied by the fee specified in Schedule 3 item 1; and
must provide the particulars of the vessel proposed to use any shared‑use mooring, including satisfactory evidence of the vessel’s length and ownership.
The authorisation by the CEO under subregulation (2) (including by the operation of regulation 7C(5)), may be given subject to conditions, including conditions relating to —
the use of an adhesive sticker designed to identify a vessel using a shared‑use mooring; and
the times when a person who is qualified to move the vessel may be required to remain on a vessel using a shared‑use mooring.
The authorisation for a vessel to use a shared‑use mooring —
subject to paragraph (d) and regulation 7C(6) — is valid for the period of 12 months; and
has effect only if the length of the vessel does not exceed the permissible vessel length for the mooring site; and
is suspended for any period during which the use of the mooring is required for —
the licensed vessel for the mooring site; or
any additional vessel for the mooring site;
and
may be cancelled by the CEO if any condition to which the authorisation is subject under subregulation (4) is breached.
[Regulation 7D inserted: SL 2021/147 r. 10.]