S. 3(1) def. of Central Plan Office inserted by No. 110/2004 s. 58(a), amended by No. 70/2013 s. 4(Sch. 2 item 38.1). Central Plan Office means the Central Plan Office of the Department of Transport, Planning and Local Infrastructure; S. 3(1) def. of channel substituted by No. 65/2010 s. 418(a). channel has the same meaning as it has in section 3(1) of the Marine Safety Act 2010; S. 3(1) def. of channel fee inserted by No. 63/2007 s. 4(1). channel fee means a fee under section 75; S. 3(1) def. of channel operator substituted by No. 23/2003 s. 18(b), amended by Nos 85/2003 s. 30(1)(a), 45/2010 s. 26(b), 38/2011 s. 22(1). channel operator means— (a) in the case of port of Melbourne waters, the Port of Melbourne Corporation; (b) in the case of any other port waters, a person who manages channels in those waters under an agreement with VRCA; coastal vested land means— s. 3 (a) in relation to PGA, Crown land— (i) that is vested in PGA and that was so vested by or under the 1958; and (ii) that is coastal Crown land within the meaning of the Coastal Management Act 1995;
S. 3(1) def. of port inserted by No. 85/2003 s. 28(a). port means the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings and any other port declared under section 6 in relation to which port lands or port waters or both port lands and port waters have been declared under section 5; S. 3(1) def. of Port Act inserted by No. 63/1997 s. 3. Port Act means the of 1958, the of 1958 or the 1958; port authority means of , of or ; S. 3(1) def. of port authority abolition date inserted by No. 63/1997 s. 3. port authority abolition date, in relation to a port authority, means the date fixed by the Governor in Council by Order under section 153(2) for the purposes of that port authority; S. 3(1) def. of port corporation amended by Nos 51/1996 s. 4, 63/1997 ss 5(1), 6(1), 23/2003 s. 3(c), 85/2003 ss 29(c), 30(1)(b), 45/2010 s. 26(c), 38/2011 s. 22(2). port corporation means Port of Melbourne Corporation, Port of Hastings Development Authority or Victorian Regional Channels Authority; s. 3 S. 3(1) def. of port land amended by No. 23/2003 s. 3(d). port land means— (a) in the case of the of , the land; (b) in the cases of the of , or , the land declared by Order in Council made under section 5(1) to be the port land of that port; S. 3(1) def. of port licence fee inserted by No. 8/2012 s. 4. port licence fee means the fee payable by the Port of Melbourne Corporation under section 44H;
S. 3(1) def. of port manager inserted by No. 85/2003 s. 28(a). port manager means— (a) in the case of a commercial trading port, the person or body who effectively manages, superintends or controls the operation of the port or part of the port, but does not include a tenant or occupier of part of the port unless the tenant or occupier has entered into a port management agreement to manage the operations of that part of the port; or (b) in the case of a local port, the person or body appointed under section 44A to be the port manager of the port;'; S. 3(1) def. of inserted by No. 45/2010 s. 26(f). port of means of land and waters; S. 3(1) def. of Port of Hastings Development Authority inserted by No. 38/2011 s. 22(3). Port of Hastings Development Authority has the same meaning as in the Transport Integration Act 2010; S. 3(1) def. of land inserted by No. 45/2010 s. 26(f). port of land means land declared by Order in Council under section 5(1) of the Port Management Act 1995 to be the port land of the ; s. 3 S. 3(1) def. of waters inserted by No. 45/2010 s. 26(f). port of waters means waters declared by Order in Council under section 5(2) of the Port Management Act 1995 to be the port waters of the ;
S. 3(1) def. of restricted access area inserted by No. 63/2007 s. 4(1). restricted access area means an area that is the subject of a declaration under Division 2 of Part 5A; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; S. 3(1) def. of SEC inserted by No. 63/1997 s. 3. SEC means the State Electricity Commission of Victoria; S. 3(1) def. of Secretary inserted by No. 93/2009 s. 10, amended by No. 70/2013 s. 4(Sch. 2 item 38.2). Secretary means the Department Head, within the meaning of the Public Administration Act 2004, of the Department of Transport, Planning and Local Infrastructure; S. 3(1) def. of spouse inserted by No. 63/2007 s. 4(1). spouse of a person means a person to whom the person is married; S. 3(1) def. of Station Pier land inserted by No. 110/2004 s. 58(a). Station Pier land means the land shown outlined in black on the plan lodged in the Central Plan Office and numbered OP 119746—A; s. 3 stevedoring means the loading or unloading of the cargo of a vessel and incidental activities such as the handling or storage of cargo or stevedoring equipment at the place at which the cargo is loaded or unloaded; S. 3(1) def. of VCA substituted by No. 85/2003 s. 30(1)(c). VCA means the Victorian Channels Authority as in force immediately before the commencement of section 10 of the Port
(h) amend the name of a port that has been established by Order in Council. S. 7 amended by Nos 44/2001 s. 3(Sch. item 92.1), 23/2003 s. 17(Sch. item 2), 85/2003 s. 30(2). 7 Subsidiary For the purposes of this Act, the question whether a body corporate is a subsidiary of the Port of Melbourne Corporation or VRCA shall be determined in the same manner as the question would be determined under the Corporations Act of Victoria if the Port of Melbourne Corporation or VRCA and the body corporate were corporations within the meaning of that Act. 8 Crown to be bound s. 7 This Act binds the Crown, not only in right of but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 9 Extra-territorial operation It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following— (a) land situated outside , whether in or outside ; (b) things situated outside , whether in or outside ; (c) acts, transactions and matters done, entered into or occurring outside , whether in or outside ; (d) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country. s. 9 _______________
(b) if the name of a port manager changes, make corresponding amendments to the instrument of appointment of the port manager. (3) A port manager for a local port has the following functions— (a) to manage the operations of the port, particularly with respect to shipping and boating activities in the port, with a view to ensuring that those operations are carried out safely, efficiently and effectively; (b) to provide, develop and maintain port facilities, including wharves, jetties, slipways, breakwaters, moorings, buildings and vehicle parks; S. 44A(3)(c) amended by No. 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22). (c) to provide, develop and maintain, in accordance with any relevant standards developed by the Director, Transport Safety, navigational aids in the port; S. 44A(3)(d) amended by No. 65/2010 s. 419(1). (d) to carry out the functions and powers of a local authority under the Marine Safety Act 2010 in respect of any State waters within the port; S. 44A(3)(e) amended by No. 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22). (e) to provide, develop and maintain, in accordance with any relevant standards developed by the Director, Transport Safety, navigation channels in the port; (f) to manage the operations of the port, and the construction and operation of port facilities and navigation channels in a manner that minimises the risk of environmental damage; (g) to participate in the control of marine and land pollution in the port as a relevant statutory authority under the Victorian
licence in respect of the provision of the prescribed services specified in the Order in Council. (2) An exemption may be of general or specific application. (3) An exemption is subject to such terms, conditions and limitations as are specified in the Order in Council. S. 63B(4) amended by No. 75/2004 s. 69. (4) An Order under subsection (1) may confer powers and functions on, and leave any matter to be decided by, the Commission. S. 63C inserted by No. 62/2001 s. 88. 63C Application for licence s. 63B (1) A person may apply to the Commission for the issue of a licence authorising the provision of the prescribed services specified in the application. S. 63C(2) amended by No. 75/2004 s. 70. (2) An application must be in a form approved by the Commission and be accompanied by such documents as may be required by the Commission. (3) An application must be accompanied by the application fee (if any) fixed by the Commission. S. 63D (Heading) amended by No. 75/2004 s. 71(1). S. 63D inserted by No. 62/2001 s. 88. 63D Grant or refusal of application (1) Subject to subsection (2), the Commission may grant or refuse an application for the issue of a licence for any reason the Commission considers appropriate, having regard to the objectives specified in section 48. (2) The Commission must not grant an application for the issue of a licence unless the Commission is satisfied that the applicant has the capacity to comply with the conditions of the licence. (3) The Commission must publish a notice in a daily newspaper generally circulating in —
S. 63J inserted by No. 62/2001 s. 88. 63J Transfer of licence s. 63J (1) The holder of a licence may apply to the Commission for approval to transfer the licence. S. 63J(2) amended by No. 75/2004 s. 74(1). (2) An application must be in a form approved by the Commission and be accompanied by such documents as may be required by the Commission. (3) An application must be accompanied by the application fee (if any) fixed by the Commission. (4) The Commission must publish in a daily newspaper generally circulating in a notice— (a) specifying that an application for the transfer of the licence has been lodged with the Commission for the transfer by the holder to a proposed transferee specified in the notice; and (b) inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice. (5) Subject to this section, the Commission may approve, or refuse to approve, the application for any reason it considers appropriate, having regard to the objectives specified in section 48. (6) The Commission must not approve the application unless the Commission is satisfied that the proposed transferee has the capacity to comply with the conditions of the licence. S. 63J(7) amended by No. 75/2004 s. 74(2)(3). (7) The Commission may decide that, upon the transfer of the licence under this section, the conditions to which the licence is subject are varied as decided by the Commission.
S. 78(3) amended by Nos 23/2003 s. 17(Sch. item 3(3)), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 1(4)), 38/2011 s. 28(3). (3) A wharfage fee or channel fee under this Part is a debt due to the Corporation, the Port of Hastings Development Authority, VRCA or the channel operator (as the case requires) from the person liable to pay it and is recoverable in a court of competent jurisdiction. S. 78(4) repealed by No. 63/2007 s. 18(Sch. item 1(5)). * * * * * 79 Interest on overdue payments s. 79 S. 79(1) amended by Nos 23/2003 s. 17(Sch. item 4), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 2(1)), 38/2011 s. 29. (1) Wharfage fees and channel fees under this Part that are unpaid by the due date may, if the Port of Melbourne Corporation, the Port of Hastings Development Authority, VRCA or the channel operator so requires, attract interest at a rate determined by it. S. 79(2) amended by No. 63/2007 s. 18(Sch. item 2(2)). (2) Different rates may be determined for fees that remain unpaid for different periods of time. (3) The rate determined in respect of any period is not to exceed the prescribed rate.
S. 82 (Heading) inserted by No. 63/2007 s. 18(Sch. item 5(1)). 82 Waiver or refund of wharfage or channel fees s. 82 S. 82 amended by Nos 23/2003 s. 17(Sch. item 6), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 5(2)), 38/2011 s. 31. The Corporation, the Port of Hastings Development Authority, VRCA or a channel operator may waive or refund the whole or any part of a wharfage fee or channel fee under this Part that is due to it in any particular case or class of cases. __________________ Pt 5A (Heading and ss 8388H) inserted by No. 63/2007 s. 14. Division 1—Preliminary New s. 83 inserted by No. 63/2007 s. 14. 83 Definitions s. 83 In this Part— S. 83 def. of authorised person amended by No. 65/2010 s. 419(4) (as amended by No. 78/2011 s. 43). authorised person means a person— (a) acting under a certificate of authorisation under section 88G; or (b) who is a member of the police force, acting in the course of his or her duties as such a member; or (c) who is— (i) an employee in the public service within the meaning of the Public Administration Act 2004; or
(c) in relation to an area, the declaration of which as a restricted access area is or may be recommended by the Port of Hastings Development Authority, means the Port of Hastings Development Authority; restricted access area declaration means a declaration made under section 84 (whether or not amended under Division 2). Division 2—Declaration of areas New s. 84 inserted by No. 63/2007 s. 14. 84 Making a declaration of restricted access area s. 84 (1) The Minister, on the recommendation of the Port of Melbourne Corporation may declare— S. 84(1)(a) amended by No. 45/2010 s. 38(1)(2), substituted by No. 38/2011 s. 33(1). (a) that any part of port of Melbourne waters or port of Melbourne land that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted; or S. 84(1)(b) amended by Nos 45/2010 s. 38(3), 38/2011 s. 33(2)(a). (b) that, in relation to a vessel, while the vessel is in port of Melbourne waters, the area that is— (i) within a specified distance of the vessel (not being a distance of more than 14 kilometres); and S. 84(1)(b)(ii) substituted by Nos 45/2010 s. 38(4), 38/2011 s. 33(2)(b). (ii) within port of Melbourne waters or port of Melbourne land—
(3) A restricted access area declaration remains in force, for the period specified in the declaration, unless the declaration is sooner revoked, but, in any case, for no more than 12 months. New s. 87 inserted by No. 63/2007 s. 14. 87 Amendment or revocation of declaration s. 86 The Minister may amend or revoke a restricted access area declaration in the same manner as that in which it is made. New s. 88 inserted by No. 63/2007 s. 14. 88 Publication of declaration The recommending authority for a restricted access area declaration must— (a) publish the declaration in a newspaper circulating generally throughout ; and (b) publish the declaration in a manner that makes it readily accessible to a person likely to enter the area; and (c) publish the declaration on the Internet. S. 88A inserted by No. 63/2007 s. 14. 88A Operation of declaration where inconsistent with other powers S. 88A(1) amended by No. 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22). (1) In the case of any inconsistency between a power that may be exercised by the Director, Transport Safety or another person under a relevant law and a power that may be exercised in respect of a restricted access area, the power that may be exercised under the relevant law prevails. S. 88A(2) amended by No. 65/2010 s. 419(4A) (as amended by No. 78/2011 s. 43). (2) In this section, relevant law means any provision of this Act (other than this Part), the Marine Safety Act 2010, regulations made under this Act (other than in respect of this Part) or regulations made under the Marine Safety Act 2010.
the performance of a function under or in connection with Chapter 6 of the Marine Safety Act 2010 or a direction in regulations made under that Act. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a harbour master or person exercising the functions of harbour master, attaches instead to the person or body by which the harbour master or person exercising the functions of a harbour master is engaged. (3) In this section waters of a relevant port means— (a) the waters; or (b) the waters declared under section 5 to be the waters of the ; or (c) the waters declared under section 5 to be the waters of the ; or s. 91 S. 91(3)(d) substituted by No. 45/2010 s. 39. (d) the waters. __________________ Pt 6A (Heading and ss 91A–91I) inserted by No. 85/2003 s. 18. S. 91A inserted by No. 85/2003 s. 18. 91A Definition s. 91A In this Part—
the regulations on the safety and environmental performance outcomes for the port. (2) A report under this section must comply with any guidelines issued under section 91G. S. 91I inserted by No. 85/2003 s. 18. 91I Transitional provisions—management plans s. 91HB Despite section 91C, the port manager of a port that was operating immediately before the date of commencement of section 18 of the Port Services (Port Management Reform) Act 2003 must comply with section 91C within 12 months after that date or any later date that is fixed by the Minister with respect to the port. _______________ Pt 6B (Heading and ss 91J–91N) inserted by No. 17/2009 s. 9. S. 91J inserted by No. 17/2009 s. 9. 91J Definitions s. 91J In this Part— direction means a direction issued by the Minister under section 91N; guidelines means guidelines made under section 91M; Port Development Strategy means a Port Development Strategy for each commercial trading port prepared under this Part; port land owner means— (a) the owner of the land where the relevant commercial trading port is located; or
S. 111(3) amended by No. 63/1997 s. 7(3), repealed by No. 85/1998 s. 24(Sch. item 46.2). * * * * * 112 Taxes No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of a port authority. 113 Evidence S. 113(1) amended by No. 63/1997 s. 7(3). (1) Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to former port authority property or port property if this Part had not been enacted is admissible for or against the interests of the transferee. S. 113(2) amended by Nos 63/1997 s. 7(3), 69/2009 s. 54(Sch. Pt 1 item 43.1). (2) The Evidence Act 2008 applies with respect to the books of account of a port authority and to entries made in those books of account before the relevant date, whether or not they relate to former port authority property or port property, as if those books of account and entries were business records. S. 113(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 43.3). * * * * * 114 Validity of things done under this Part s. 114
member as provided in the relevant governing instrument; (b) is not entitled to receive any payment or other benefit by reason only of having ceased to be a port authority employee because of this Act, despite any provision of the relevant governing instrument; (c) is entitled to payments and other benefits as if the relevant port authority or local authority had been the employer at all times since the port authority employee last became a member of the . s. 119 (3) On and after the commencement of this Part, the governing instrument of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund has effect as if— (a) the reference to PMA or PGA in the definition of Authority for the purposes of the governing instrument were a reference to the relevant port authority, port corporation, designated agency or local authority; (b) the relevant governing instrument were amended to the extent necessary to give effect to subsections (1) and (2). 120 Superannuation—transfer to Local Authorities Superannuation Fund—designated port employees s. 120 (1) A port authority employee who becomes a designated port employee and who, immediately before becoming a designated port employee, was a member of a current defined benefit scheme is upon becoming a designated port employee transferred to the Local Authorities Superannuation Fund.
the same time as the statutory rule is so laid under section 15 of the Subordinate Legislation Act 1994. (4) In this section— Scrutiny of Acts and Regulations Committee means the Scrutiny of Acts and Regulations Committee established by the Parliamentary Committees Act 2003; statutory rule has the same meaning as in the Subordinate Legislation Act 1994. S. 184A inserted by No. 54/2012 s. 11. 184A Transitional provisions—2012 amendments Despite the commencement of Part 2 of the Port Management Further Amendment Act 2012, the law as in force before that commencement continues to apply to any management plan in force immediately before that commencement. __________________ Pt 17 (Heading and ss 185–187) inserted by No. 110/2004 s. 61. New s. 185 inserted by No. 110/2004 s. 61. 185 Definitions s. 185 In this Part— commencement day means the day on which Part 12 of the Transport Legislation (Amendment) Act 2004 comes into operation; old body means the Station Pier Committee of Management Incorporated appointed by Order in Council dated 15 May 2001 and
__________________ Sch. 3 inserted by No. 110/2004 s. 62(Sch). SCHEDULE 3 Sch. 3 Parties Location Description of purported deed or agreement Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Lease of land dated 20 May 2003 Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Variation of berthing licence dated 20 May 2003 Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Variation of car parking licence dated 20 May 2003 Station Pier Committee of Management Incorporated Heavenly Pier Pty Ltd (ACN 095 763 330) Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Lease dated 24 December 2004 Station Pier Committee of Management Incorporated Delicarts Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Renewal of licence to occupy land dated 14 February 2002 ENDNOTES Endnotes