Bylaw No. 08 - Wharves 2008
Explanatory note
This bylaw is to facilitate the safe, efficient
and orderly control of wharves owned, operated or managed by
council, so that facilities are available for the safe passage of the
travelling public and the transport of goods on and off vessels,
that the wharves are accessible to the public, recreational and
commercial vessel owners subject to appropriate conditions.
Notes in italics within the bylaw, are not part
of the bylaw, but are intended to explain the contents of the
bylaw or give further information on matters within the bylaw.
Reprinted with amendments
As at 9 October 2009 the Auckland City Council Wharves
Bylaw 2008 has been amended by the following amendments:
Wharves Bylaw Amendment No 1 of 2009
Amendments as a result of the introduction of the Auckland City Council Bylaw Administration Bylaw 2009, which came into force 9 October 2009.
Contents
8.0 Definitions
8.1 Damage to wharves
8.2 Berthing requirements
8.3 Discharges and rubbish
8.4 Animals
8.5 Hazardous substances
8.6 Goods on wharves
8.7 Closure of wharves
8.8 Barriers
8.9 Vehicles on wharves
8.10 Licensing of wharf users and fees
8.11 Trading on wharves
8.12 Behaviour
Schedule of Amendments
Amendment No 1 of 2009 (17k PDF)
8.0 Defintions
In this bylaw unless the context otherwise requires:
Authorised officer means any person authorised to
carry out any of the duties provided for in this bylaw.
Structure means any building, pile, pipe, cable, drain, harbour work or any other
permanent structure of any kind.
Wharf and wharves includes any wharf, quay, pier,
jetty, reclamation, landing facility, landing ramp, Pontoon, or other
landing place, building, land, access way, wharf building, wharf land,
or premises, plant or access way, wharf plant and wharf machinery which
is owned or operated by or managed by the council which is used for,
or in connection with:
- The berthing, loading or unloading
of vessels, or
- The marshalling of cargo, people or vehicles
related to the sea transport of passengers or freight, or
- The recreational activities of the public.
Commercial vessel means any vessel whose principal
function is to move passengers and/or goods for hire or reward, or any
commercial fishing vessel. A vessel with a current Maritime Safety
Authority certificate is deemed to be commercial vessel.
8.1 Damage to Wharves
8.1.1
No person shall:
- Damage, or interfere with any wharf,
or any structure, sign or lifesaving apparatus attached thereto or used
in connection therewith;
- Remove from, erect on, or affix to any wharf,
any sign or structure without written permission from an authorised
officer, provided that this sub-clause shall not apply to any actions
taken by or on behalf of the council for the purposes of this bylaw,
or in its capacity as owner, operator or manager of any wharf.
Note: The erection of signs in maritime areas is
covered by
Clause 27.7 of Auckland City's Signs Bylaw
2007.
Liability for damage
8.1.2
Every person using a wharf shall be liable
for any damage to that wharf by that person or any agent or employee
of that person, including damages from the use of any vessel or motor
vehicle.
Council may repair and recover cost
8.1.3
The council may repair any damage to a wharf
and charge and recover the cost of such repairs from any person liable
for that damage.
8.2 Berthing requirements
Directions
8.2.1
Every person using a wharf shall comply
with all lawful directions given by an authorised officer, including
directions given in the event of any conflict concerning the use of
all or part of any wharf.
Time limits on usage
8.2.2
Unless for saving life or property, or as
otherwise expressly permitted by an authorised officer, the person in
charge of a vessel shall not allow that vessel to remain at a wharf
for any period in excess of the time needed to land or load goods, or
to land or embark passengers or vehicles, or as indicated in any notice
displayed at the wharf, or as provided in that operator's licence or
other permission granted by the council.
Person in charge
8.2.3
No person shall (unless prior permission
has been obtained from an authorised officer) cause any vessel or vehicle
to remain at any wharf without a person in charge of the vessel or vehicle
who can safely move it if requested by an authorised officer.
8.2.4
No person shall obstruct or prevent any
vessel from using any part of a wharf at the times or in a manner specified
in any notice displayed at the wharf or as required by an authorised
officer pursuant to clause 8.2.1.
Layover Berthage Charges
8.2.5
Notwithstanding the provisions of clause 8.2.2, in the event that any vessel remains
at a wharf in excess of the time limit specified in the notice displayed
at the wharf area or as provided in that operator's licence or other
permission, or as expressly permitted by an authorised officer, the
operator of the vessel shall pay such additional fees as provided for
in the licence or as prescribed by the council from time to time.
Vessel and Vehicle Removal
8.2.6
An authorised officer may remove, cause
to be removed or direct the removal of any vessel or vehicle from any
wharf where the authorised officer believes that the vessel or vehicle
is at the wharf in contravention of the bylaw. The council and any
authorised officer shall not be liable for any loss or damage sustained
by any reason as a result of such removal of any vessel or vehicle.
8.3 Discharges and rubbish
Discharges from Vessels
8.3.1
No person shall discharge any litter, rubbish,
sewage, contaminant or other refuse material from any vessel which is
tied up at a wharf except in a manner approved by an authorised officer.
Washing or Cleaning
8.3.2
No person shall wash or clean by any means
any vessel, vehicle, motor or any other mechanical equipment on or at
a wharf in a manner that leads to the release of a contaminant onto
the wharf or into the water near a wharf.
8.4 Animals
Animals under control
8.4.1
Subject to any other provisions of the bylaw
no animal shall be allowed on to any wharf, unless that animal is under
the full control of the person responsible for it. Dogs shall be kept
on a lead whilst on a wharf.
8.4.2
No person shall permit any animal that is
to be loaded on to, or unloaded from any vessel to remain on a wharf,
for a period longer than is necessary for such loading or unloading.
Noxious Animals
8.4.3
No person shall unload from any vessel onto
any wharf any mustelid (e.g. ferrets, weasels and stoats), rodent, hedgehog,
deer, wallaby, opossum or other animal specified as a pest pursuant
to the Biosecurity Act 1993.
8.5 Hazardous substances
8.5.1
The owner, consignor, consignee (or any
agent or employee of the owner, consignor or consignee) of any hazardous
substance within the meaning of the Hazardous Substances and New Organisms
Act 1996 shall cause that hazardous substance to be removed from any
wharf within one hour of it being placed there, except where the hazardous
substance is stored in an area and manner approved by an authorised
officer.
8.5.2
No person shall load any hazardous substance
onto a vessel at a wharf or unload any hazardous substance from a vessel
onto any wharf, unless the hazardous substance is within an appropriate
and waterproof container.
8.6 Goods on wharves
8.6.1
No person shall place any property on or
at a wharf in a dangerous manner, or in a manner that obstructs the
use of the wharf or the passage of the travelling public.
Goods on Wharves
8.6.2
All property placed on or left at a wharf
for loading, or landed or stored on or at the wharf, shall be at the
risk of the owner, consignor or consignee of the property.
8.6.3
The council shall be under no responsibility
to deliver or take care of any property placed on or left at a wharf.
8.6.4
No property placed for loading, or landed on or at
any wharf, shall remain on or at the wharf for a period of more than
one hour except with the permission of an authorised officer.
8.6.5
Where any property is left on or at a wharf for any
period exceeding one hour (except in a storage area approved by an authorised
officer), or for a period of time greater than that allowed by an authorised
officer pursuant to clause 8.6.4, an authorised officer may remove and
store the property at the risk and expense of the consignor, consignee
or owner. The cost of such removal and storage shall be payable to
the council by the person claiming possession of such property before
the property is released to that person and the council shall not be
responsible for verifying that person's entitlement to possession of
the property.
Unclaimed Goods
8.6.6
Any property placed on or left at a wharf
that remains unclaimed for a period of 28 days may be sold or otherwise
disposed of by the council. Where such property is sold the proceeds
of the sale shall be applied first towards the costs referred to in
clause 8.6.5 above. Any balance shall be paid to
the owner, consignor or consignee.
8.7 Closure of wharves
8.7.1
An authorised officer may without prior
notice close part or all of a wharf at any time.
8.7.2
No person shall enter any portion of a closed
wharf, without the consent of an authorised officer.
8.8 Barriers
Barriers may be erected
8.8.1
An authorised officer and any person acting
at the direction of an authorised officer may erect and operate control
barriers on or at any part of any wharf, or access to a wharf, for the
purposes of maintaining public health and safety, traffic control, or
the separation of embarking and disembarking passengers.
8.8.2
No person shall, except with the consent
of an authorised officer, cross a barrier erected pursuant to clause 8.8.1 above.
8.8.3
No person, except an authorised officer,
or a person acting under the direction of an authorised officer, shall
erect a barrier on a wharf, operate a barrier or lock any gate or barrier
on a wharf.
8.9 Vehicles on wharves
Obstructing Wharves
8.9.1
In addition to any other requirement under
the bylaw, no person shall leave a vehicle on, at or near any wharf
so as to obstruct the use of the wharf or the passage of the travelling
public.
8.9.2
A person bringing a vehicle onto a wharf
shall ensure that it is driven or handled with due care for the safety
of all persons using the wharf.
8.9.3
No person shall bring onto a wharf any vehicle
that exceeds the stated weight limit for that wharf as specified on
the notice displayed at the wharf.
Vehicles may be towed
8.9.4
Any vehicle parked or left on a wharf in
a manner which contravenes the bylaw may be towed away at the direction
of an authorised officer and stored at the expense of the owner of the
vehicle. The vehicle shall be returned to the owner on payment of any
expenses incurred for towing and storage.
Time limits to load/unload
8.9.5
Unless otherwise permitted by an authorised
officer or as indicated in any notice displayed at the wharf, the person
in charge of a vehicle shall not allow that vehicle to remain at a wharf
for any period in excess of the time required to load or unload wharf
goods or collect or discharge passengers or as indicated in any notice
displayed at the wharf, or as provided in that operator's licence or
other permission granted by the council.
8.10 Licensing of wharf users and fees
General
8.10.1
No person in charge of a vessel shall berth
that vessel at or otherwise use a wharf except with the permission of
the Council (by way of licence or otherwise) and in accordance with
the terms of that permission.
Licence for commercial use of wharves
8.10.2
Prior to the use of any wharf by a commercial
vessel, the owner or operator of the vessel shall obtain a licence from
the council authorising the use of that wharf by that vessel.
8.10.3
A permission or licence granted or issued
by the council pursuant to clause 8.10.1 or 8.10.2 may be subject to such application fees,
wharf user fees, and collection of fees as prescribed by the council,
unless otherwise agreed with the licensee.
Public Liability Insurance
8.10.4
The council may require the owner or operator
of any commercial vessel using any wharf, to have in place current public
liability insurance to the council's satisfaction. The council may
prohibit any vessel not complying with such requirement from using any
wharf.
8.11 Trading on wharves
Street Trading
8.11.1
No person shall trade in any goods or services
on any wharf without a street trading licence issued by the council
pursuant to the Public Places bylaw 2008.
8.12 Behaviour
Fishing
8.12.1
No person shall fish from any part of a
wharf while a vessel is approaching or departing from that part of the
wharf or is tied up at that part of the wharf; or in contravention of
any signs erected at or on a wharf.
Swimming/diving
8.12.2
No person shall swim or dive from a wharf
while a vessel is approaching or departing from that wharf or is tied
up at that wharf; or in contravention of any signs erected at or on
a wharf; or otherwise at a time or in a manner which is unsafe to that
person or any other person.
Creating a nuisance
8.12.3
No person shall create a nuisance or behave
in an offensive manner on, at, or under a wharf, or on a vessel berthed
at any wharf.
Obstruction
8.12.4
No person shall obstruct or impede any
traffic on any wharf.
Schedule of Amendments
Amendment No 1 of 2009 (17k PDF) to the Wharves Bylaw
