prescribed prices means the prices specified in section 49(b); prescribed services means the services specified in section 49(c); S. 45 def. of Pricing Order repealed by No. 62/2001 s. 86(2)(a). * * * * * regulated industry means the industry specified in section 49(a). S. 46 amended by No. 62/2001 s. 86(1)(c). 46 Construction of Part This Part is relevant legislation for the purposes of the Essential Services Commission Act 2001. 47 Application of Part This Part applies to any person, including a person who is a provider of prescribed services. S. 48 amended by No. 62/2001 s. 86(1)(d)(e). 48 Objectives of the Commission The objectives of the Commission in relation to the regulated industry are, in addition to the objectives under section 8 of the Essential Services Commission Act 2001 (but subject to section 5(2) of that Act)— (a) to promote competition in the regulated industry; (b) to protect the interests of users of prescribed services by ensuring that prescribed prices are fair and reasonable whilst having regard to the level of competition in, and efficiency of, the regulated industry; (c) for the purposes of Division 4, to ensure users have fair and reasonable access to
this Part incurred by the vessel while in port waters. S. 81(3) amended by No. 63/2007 s. 18(Sch. item 4(3)). (3) If, when a vessel left port waters, there was an agent for the vessel other than an agent for the berthing or working of the vessel, that agent is liable, to the same extent as the owner of the vessel, for any such unpaid fees. 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 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
S. 91C inserted by No. 85/2003 s. 18. 91C Port manager's responsibilities for management plans S. 91C(1) amended by No. 54/2012 s. 4(1). (1) A port manager must ensure that— (a) a safety management plan; and (b) an environment management plan— are prepared in accordance with this Part for the port or part of the port that the port manager manages, superintends or controls. 240 penalty units, in the case of a commercial trading port and 60 penalty units in the case of a local port. S. 91C(1AA) inserted by No. 54/2012 s. 4(2). (1AA) A port manager may prepare a safety management plan and an environment management plan under subsection (1) as a single plan. S. 91C(1A) inserted by No. 63/2007 s. 15. (1A) A port manager must ensure that— (a) the safety management plan; and (b) the environment management plan— for the port or the part of the port that the port manager manages, superintends or controls are audited in accordance with this Part. 240 penalty units, in the case of a commercial or trading port and 60 penalty units in the case of a local port. (2) A port manager must ensure that reasonable steps are taken to— (a) implement the measures or strategies that are specified in the management plan to prevent or reduce the hazards and risks associated with the operation of the port; and
S. 98(1)(cd) inserted by No. 93/2009 s. 14(a). (cd) procedures for dealing with abandoned things, including but not limited to— (i) storage of abandoned things; (ii) the nature of enquiries to be made as to the ownership of the things; (iii) methods of collection of things by owners and notification of that method to owners; (iv) methods of disposal for particular things; (v) methods for recovery of costs of storage and disposal of things; (vi) the keeping of registers of abandoned things; S. 98(1)(ce) inserted by No. 54/2012 s. 17(3). (ce) prescribing bodies for the purposes of sections 91FA and 91HB; S. 98(1)(d) amended by No. 93/2009 s. 14(b). (d) prescribing penalties not exceeding 20 penalty units for breaches of the regulations; (e) prescribing any other matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect with respect to the ports or port. (2) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or S. 98(2)(a)(ii) amended by No. 85/2003 s. 19(2). (ii) throughout the whole of the port area or in a specified part of that area;
S. 99(1) def. of port corporation inserted by No. 23/2003 s. 12. port corporation means— (a) Melbourne Port Corporation, within the meaning of this Act, as in force immediately before the commencement of section 5 of the Port Services () Act 2003; or (b) (Holding) Corporation; or (c) Victorian Channels Authority; PPA instrument means an instrument (including a legislative instrument other than this Act and regulations under this Act and the Port of Portland Authority Act 1958 and regulations under that Act) subsisting immediately before the appropriate relevant date— (a) to which PPA was a party; or (b) that was given to or in favour of PPA; or (c) that refers to PPA; or (d) under which— (i) money is, or may become, payable to or by PPA; or (ii) other property is to be, or may become liable to be, transferred to or by PPA; relevant date— (a) in relation to property or rights of PMA that are transferred to MPC under section 100, means the commencement of that section;
S. 165 def. of new corporation inserted by No. 85/2003 s. 20(b). new corporation means the Port of Melbourne Corporation established under Part 10; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; VCA instrument means an instrument subsisting immediately before the relevant date— (a) to which VCA was a party; or (b) that was given in favour of VCA; or (c) that refers to VCA; or (d) under which— (i) money is or may become payable to or by VCA; or (ii) other property is to be or may become liable to be transferred to or by VCA. Division 2—Allocation of property etc. New s. 166 inserted by No. 23/2003 s. 24. 166 Treasurer may direct transfer of property etc. (1) The Treasurer, after consultation with the Minister, may give a direction in writing to VCA directing it to transfer, in accordance with the direction, property, rights and liabilities of a specified kind to the new corporation. (2) Within 21 days after receiving a direction under subsection (1), VCA must give to the Treasurer a statement approved by the Treasurer relating to
Pt 14 (Heading and ss 194–207) amended by No. 27/1996 s. 4(2), repealed by No. 63/1997 s. 8, new Pt 14 (Heading and ss 177–179) inserted by No. 85/2003 s. 23. New s. 177 inserted by No. 85/2003 s. 23. 177 Definitions In this Part— commencement day means the day on which section 23 of the Port Services (Port Management Reform) Act 2003 comes into operation; old corporation means HPHC, within the meaning of this Act, as in force immediately before the commencement day; new corporation means the Corporation, within the meaning of this Act, as in force on and from the commencement day; transferred employee means an employee of the old corporation who is deemed to be an employee of the new corporation by section 179(1). New s. 178 inserted by No. 85/2003 s. 23. 178 Transfer of property etc. from HPHC to the new corporation Except as otherwise provided in this Act, on and from the commencement day— (a) the old corporation is abolished and the directors go out of office; and
(b) all rights, property and assets that, immediately before the commencement day were vested in the old corporation, vest in the new corporation; and (c) all debts, liabilities and obligations of the old corporation existing immediately before the commencement day, become debts, liabilities and obligations of the new corporation; and (d) the new corporation is substituted as a party to any proceedings pending in any court or tribunal to which the old corporation was a party, immediately before the commencement day; and (e) the new corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old corporation and in force immediately before the commencement day; and (f) any reference to the old corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new corporation. New s. 179 inserted by No. 85/2003 s. 23. 179 Staff to be transferred from the old corporation to the new corporation (1) A person who was an employee of the old corporation immediately before the commencement day is deemed to be an employee of the new corporation.
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 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 published in the Government Gazette on 17 May 2001 at page 959. New s. 186 inserted by No. 110/2004 s. 61. 186 Savings and transitional provisions for Station Pier (1) On the commencement day— (a) the reservation of the land described in Schedule 2 is revoked; and (b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that applied to the land described in Schedule 2 immediately before the commencement day are revoked, in so far as they apply to that land. (2) This section does not affect the status or continuity of any lease or licence issued and any agreement or arrangement entered into under the (Reserves) Act 1978 that applied to that land immediately before the commencement day.
Sch. ended by Nos 63/1997 s. 5(2), 43/1998 s. 47, 46/1998 s. 7(Sch. 1), 23/2003 s. 16, 85/2003 s. 26, 108/2004 s. 117(1) (Sch. 3 item 159), 80/2006 s. 26(Sch. item 85), repealed by No. 45/2010 s. 41. * * * * * Sch. 2 inserted by No. 110/2004 s. 62(Sch). 2 Situation and area of land Crown Allotment 18, Section 12, City of Port Melbourne, Parish of Melbourne South, 6·867 hectares Instrument and date of reservation Order in Council dated 8 May 2001 Description of land by reference to Government Gazette Government Gazette dated 10 May 2001, page 892 Purpose of reservation Public purposes Extent of reservation All of the land __________________ Sch. 3 inserted by No. 110/2004 s. 62(Sch). 3 Parties Location Description of purported deed or agreement Station Pier Committee of Management Incorporated Part of the land described in the plan numbered OP 119746—A and Lease of land dated 20 May 2003
TT-Line Company Pty Ltd (ACN 061 996 174) lodged in the Central Plan Office 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 1 General information See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 5 October 1995 Legislative Council: 31 October 1995 The long title for the Bill for this Act was "A Bill to make further provision relating to ports, to amend the Port of Melbourne Authority Act 1958, the Port of Geelong Authority Act 1958, the Port of Portland Authority Act 1958, the Marine Act 1988 and certain other Acts and for other purposes.". The Port Services Act 1995 was assented to on 28 November 1995 and came into operation as follows:
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 159) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Port Management Act 1995 Transport Legislation (Amendment) Act 2004, No. 110/2004 Assent Date: 21.12.04 Commencement Date: Ss 58–62(Sch.) on 1.2.05: Government Gazette 20.1.05 p. 94 : This information relates only to the provision/s amending the Port Management Act 1995 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 85) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Port Management Act 1995 Port Services Amendment Act 2007, No. 63/2007 Assent Date: 4.12.07 Commencement Date: Ss 3–18(Sch.) on 1.1.08: Government Gazette 20.12.07 p. 3118 : This information relates only to the provision/s amending the Port Management Act 1995 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 48) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Port Management Act 1995 Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009 Assent Date: 12.5.09 Commencement Date: Ss 6–9 on 13.5.09: s. 2(1) : This information relates only to the provision/s amending the Port Management Act 1995 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 43) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Port Management Act 1995 Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009
Assent Date: 6.3.12 Commencement Date: Ss 4, 5 on 1.7.12: s. 2(2) : All of Act in operation Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 35) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the Port Management Act 1995 Port Management Further Amendment Act 2012, No. 54/2012 Assent Date: 18.9.12 Commencement Date: Ss 4–17 on 14.11.12: Special Gazette (No. 373) 7.11.12 p. 1 : This information relates only to the provision/s amending the Port Management Act 1995 Transport Legislation Amendment (Marine Drug and Alcohol Standards Modernisation and Other Matters) Act 2012, No. 66/2012 Assent Date: 7.11.12 Commencement Date: S. 28 on 1.12.12: Special Gazette (No. 373) 7.11.12 p. 1 : This information relates only to the provision/s amending the Port Management Act 1995 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 38) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Port Management Act 1995 Emergency Management Act 2013, No. 73/2013 Assent Date: 3.12.13 Commencement Date: S. 99 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 Current State: This information relates only to the provision/s amending the Port Management Act 1995 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 128) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Port Management Act 1995 Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014