the of land nearest that area 208, 209 Moored / berthed in regulated area Port managers Regulated and unrestricted are not terms readily understood by boaters New terms proposed which are readily understood by port users 210 Time limit on vessel berthed in restricted area Port managers Poor compliance with berth and mooring time limits due to lack of clarity regarding time restriction Define ‘continuous’ time period to assist enforcement 212, 214, 215 Considerations for issuing / varying / cancelling an authority DELWP Environmental considerations have been omitted Include harm to the environment as one of the considerations of the port manager 212 Issuing an authority Port managers Port manager is obligated to issue an authority unless significant risk regardless of previous behaviour of holder Allow consideration of previous non-compliance when determining whether to issue a permit 219 Identity cards TSV Clarify authorising power for enforcement Require identity cards for port managers given s44C of Port Management Act 1995 enabling delegations to staff. Authorising power for transport safety officer is under Transport (Safety Schemes Compliance and Enforcement) Act 2014 300 Offence to install mooring Port managers Illegal mooring to and inappropriate structures may cause environmental harm or property damage Include offence to use unapproved mooring 300 Offence to install mooring Port managers Illegal anchoring in mooring areas may cause damage to property or harm to the environment Include provision to prohibit anchoring in mooring without a reasonable excuse 302(3) - (5) Anchoring requirements TSV Safety duties are the responsibility of the master of the vessel Remove 303 Give directions about anchoring TSV Safety duties are the responsibility of the master of the vessel Remove
306 Berthing at private jetties in a port Port managers Difficult for port managers to enforce as they are not a party to the Crown land licence Remove 307 Keeping deck openings closed TSV Safety duties are the responsibility of the master of the vessel Remove 308 Use of gangways Port managers Safety duties are the responsibility of the master of the vessel Remove 309 Use of propellers Port managers All propulsion systems may cause erosion or property damage if operated inappropriately whilst at berth Amend to include all propulsion systems 310 Repairs, maintenance, etc to vessels VWA Some maintenance is not regulated under Occupational Health and Safety Act 2004 to require notification of use of hot works or dangerous goods 310 Repairs, maintenance, etc to vessels BIAV Minor maintenance of vessels may be required in boat ramp carparks prior to launching General works provisions to apply to those works carried out within port boundaries 311 vessel unattended Port managers Inclusion of requirement for owner to remain on board in regulated berthing area is not practicable Remove 312 Identification of vessel Port managers Vast majority of vessels berthed or moored in a local port are subject to an authority issued by the port manager and have a unique identifier (registered vessels) Remove 313 Possession and use of firearms DELWP Overlap with Firearms Act 1996 Remove 314 Explosives, fireworks Port managers Duplicates reg 512 in part Provision retained with responsibilities reduced for the master of the vessel 315 Use of sirens and bells TSV Safety duties are the responsibility of the master of the vessel Remove 316 Reporting accidents involving vessels TSV Overlap with Marine Safety Act 2010. Retain reporting for Remove except as noted
hazardous port activities for port risk management purposes 317 to 322 Details of cargo to be provided to port manager Port managers Retain for some ports. Details can be obtained by issuing a permit Remove and incorporate as permit activity 324 Direction to remove vessel, goods or things TSV Review terminology for unseaworthy vessel General usage applied and ‘sinking’ added for clarity 324, 325 Removal of abandoned vessel, goods or things Port managers Major issue impacting effective port management Amend regulation for reasonable actions by port manager 324, 325 Removal of abandoned vessel, goods or things Consumer Affairs Victoria, DOJ Consider owner’s rights and value of goods in determining course of action regulation for reasonable actions by port manager with on low and medium value goods with guidance from Australian Consumer law. Public feedback sought on low value threshold 500 Works to be undertaken TSV S211 of Marine Safety Act 2010 provides for the control of navigation in the vicinity of works carried out on, over or under waters Work permits required as port managers responsible for public safety, beyond safe operation of vessels 501 Camping Port managers Use of landside and sewage pump-out facilities need to be encouraged Add waste disposal regulation 502 Swimming and snorkelling Port managers Scuba diving also poses a safety risk Expand regulation to include diving 502 Swimming TSV S184 of Marine Safety Act provides to regulation of use of State waters by boaters and others No change – Port Management Act 1995 purports to provide powers for port managers to manage the operations of ports 503 Cleaning of fish Port managers Problematic for users as fish cleaning may occur on wharves or structures to include wharves
504 Cleaning of fish VRFish Seek ability to undertake fish cleaning in local ports To balance competing interests and address amenity issues 506 Placement of course markers TSV Regulated as navigation aids under Marine Safety Act 2010 Remove 507 Commercial activities Port managers Regulatory gap in Marine Safety Act 2010 for organised events pose public safety risk Include separate regulation for organised events 507 Commercial filming BIAV / VR Fish need for regulation of commercial photography and filming Ensure consistency with Filming Approval Act 2014 including removal of some commercial activities from scope of the regulations 508 Animals Port managers Regulation is not required Remove – can be regulated using set asides where problematic 509 Disturbance of wildlife DELWP Encompassed by Wildlife Act 1975 and other legislation Remove due to duplication and lack of enforcement powers for port manager 513 Offence to operate fixed fuelling installation Port managers Refuelling from unsuitable containers is a major safety risk for port users and community Add expanded refuelling regulation 514 Offence to oily waste EPA Clarify fish offcuts as litter and include industrial waste eg paint Add provision for industrial waste (to emphasise EPA requirements for port users) 514 Offence to leave oily waste Port managers Restrict overnight berthing and mooring to areas where facilities are available to prevent inappropriate disposal of untreated wastewater from vessels. Address inappropriate sewage disposal from vessels Add provision for disposal of wastewater from vessels 522 Fires not permitted Port managers Need to provide for a fireplace Amend to include a fireplace 523 Use of certain equipment and combustible material VWA Activities can be regulated under Dangerous Goods Act 1985 Remove due to duplication and lack of enforcement powers for port manager
Water Appendix 4: Summary of key characteristics of Victorian local ports Port Manager Local Ports No. of Ports No. of (incl Local Ports) Area Value of Assets Nav Aids Berths & Hydro Recurrent Dredging Gippsland Ports Anderson Inlet, Corner Inlet & Port Albert; Gippsland Lakes, Snowy River; Mallacoota 5 7 1,400 km2 $109m 800+ 100+ 900+ 4 44 yes yes Entrance, Corner Inlet on intermittent basis Parks Victoria Port Phillip, Western Port, Port Campbell 3 10 1,610 km2 $220m 1,000 44 3,000 1 32 no no Queenscliff, Patterson River & other sites on intermittent basis Barwon 1 1 N/A $1.6m 33 2 6 0 <1 no no no Great Ocean Road Coast Committee 1 0 N/A $6.5m 1 0 0 <1 no no no Otway Shire Council Apollo Bay 1 1 N/A $41m 2 61 1 4.3 no no yes City Council Warrnambool 1 3 N/A $34m 3 12 0 <1 no no yes, periodically Moyne Shire Council Port Fairy 1 1 <1km2 $23m 9 55 2 2 no no yes