S. 3(1) def. of management plan inserted by No. 85/2003 s. 27. management plan means a safety management plan or an environment management plan required by section 91C; S. 3(1) def. of Marine Board repealed by No. 77/2001 s. 32(4)(a)(ii). * * * * * S. 3(1) def. of port area repealed by No. 23/2003 s. 3(b). * * * * * S. 3(1) def. of member of the police force inserted by No. 63/2007 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 128.1(b)). * * * * * S. 3(1) def. of MPC repealed by No. 23/2003 s. 3(b). * * * * * S. 3(1) def. of navigation aid substituted by No. 65/2010 s. 418(c). navigation aid has the same meaning as it has in section 3(1) of the Marine Safety Act 2010; owner, in relation to a vessel or cargo, means owner within the meaning of section 4; S. 3(1) def. of partner inserted by No. 63/2007 s. 4(1). partner of a person means the person's spouse or domestic partner; PGA means ;
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(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 ;
(b) any land that is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 for the purposes of the port of Melbourne by the operation of Part 4; S. 3(1) def. of port of Melbourne operator inserted by No. 10/2016 s. 94(2). port of Melbourne operator means a person declared under section 4A to be the port of Melbourne operator; S. 3(1) def. of port of Melbourne waters inserted by No. 23/2003 s. 18(a), substituted by No. 85/2003 s. 4. port of waters means any waters which by Order in Council made under section 5(2) are declared to be port waters of the ; port operator means a person who owns the business of, or is responsible for the management and operations of, the port of Geelong, Portland or Hastings or a berth located in one of those ports but does not include a port authority; S. 3(1) def. of port property inserted by No. 63/1997 s. 3. port property, in relation to SEC, has the same meaning as in section 85(3) of the State Electricity Commission Act 1958; S. 3(1) def. of port safety officer inserted by No. 93/2009 s. 10. port safety officer, in relation to the , means a person appointed under section 230L of the Transport Act 1983; S. 3(1) def. of port waters amended by No. 23/2003 s. 18(d), substituted by No. 85/2003 s. 28(b). port waters, in relation to a port, means the waters declared by Order in Council under section 5(2) to be port waters of the port;
PPA means Port of Portland Authority; 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; S. 3(1) def. of provision of channels inserted by No. 10/2016 s. 94(2). provision of channels includes carrying out channel-dredging activities; S. 3(1) def. of public entity inserted by No. 10/2016 s. 94(2). public entity has the same meaning as in the Public Administration Act 2004; S. 3(1) def. of public sector entity inserted by No. 10/2016 s. 94(2). public sector entity has the same meaning as in the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016; S. 3(1) def. of quarter inserted by No. 8/2012 s. 4. quarter means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June in any year; 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; 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 Services (Port Management Reform) Act 2003; S. 3(1) def. of Victorian Ports Corporation (Melbourne) inserted by No. 10/2016 s. 179(Sch. 1 item 7.1(a)). Victorian Ports Corporation (Melbourne) has the same meaning as in the Transport Integration Act 2010;
S. 3(1) def. of VRCA inserted by No. 85/2003 s. 30(1)(c), substituted by No. 45/2010 s. 26(e). VRCA means the Victorian Regional Channels Authority within the meaning of the Transport Integration Act 2010; S. 3(1) def. of vessel substituted by No. 65/2010 s. 418(d). vessel has the same meaning as it has in section 3(1) of the Marine Safety Act 2010; S. 3(1) def. of wharfage fee inserted by No. 63/2007 s. 4(1). wharfage fee means a fee under section 74; works includes— (a) any change to the natural or existing condition or topography of land; (b) the removal of vegetation or topsoil; (c) land reclamation and land decontamination; (d) the construction, demolition or substantial alteration of any structure in or on land; (e) dredging. S. 3(2) inserted by No. 63/2007 s. 4(2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 48.2). (2) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the
(b) that the vessel was under compulsory pilotage. S. 23(2A) inserted by No. 51/1996 s. 6(1), amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(3). (2A) VRCA, a channel operator or the port of Melbourne operator may recover any damages to which it is entitled under subsection (1) or (2) in any court of competent jurisdiction. S. 23(3) amended by Nos 51/1996 s. 6(2)(a)(b), 85/2003 s. 30(2), 10/2016 s. 97(3). (3) Nothing in this section prejudices any other rights which VRCA, a channel operator or the port of Melbourne operator may have, or limits any liabilities to which a vessel or its master, owner or agent may be subject, in respect of any damage or loss caused by the vessel. 24 Liability of certain persons S. 24(1) amended by Nos 51/1996 s. 6(3)(a)–(c), 85/2003 s. 30(2), 10/2016 s. 98. (1) If any sum has been paid to VRCA, a channel operator or the port of Melbourne operator by, or recovered from, the owner, master or agent of a vessel as damages for any damage or loss under section 23, the owner, master or agent may, if the damage or loss was due to the negligence of a person other than the owner, master or agent, recover from that person the sum so paid or recovered (together with the costs of levying and recovering it) in any court of competent jurisdiction. (2) Nothing in this section deprives any licensed pilot of the benefit of any statutory limitation of liability. S. 25 repealed by No. 45/2010 s. 33(2). * * * * *
(a) change the natural or existing condition or topography of land; (b) remove vegetation or topsoil; (c) reclaim or decontaminate land; (d) construct, demolish or substantially alter any structure in or on land; (e) remove, decommission or make safe any existing facility. S. 44G inserted by No. 85/2003 s. 11. 44G Port manager may act as harbour master if there is no harbour master (1) This section applies if there is no harbour master for a local port. S. 44G(2) amended by Nos 9/2004 s. 27, 65/2010 s. 419(2). (2) Sections 221, 232, 233, 234, 235, 236, 237 and 238 of the Marine Safety Act 2010 apply as if a reference in those provisions to a harbour master were a reference to the local authority for the port. Pt 2B (Heading and ss 44H–44L) inserted by No. 8/2012 s. 5. S. 44HAA inserted by No. 10/2016 s. 99. 44HAA Definitions In this Part— annual licence fee means the port licence fee payable under section 44H; upfront licence fee means the port licence fee payable under section 44HA; Victorian Transport Fund means the Fund established under section 13 of the Delivering Victorian Infrastructure
would otherwise apply to determine the annual licence fee for each financial year encompassed by the period to which the upfront licence fee relates. (3) Subsection (2) does not limit how the Treasurer may determine an upfront licence fee. (4) The payment of an upfront licence fee satisfies any obligation a port licence holder has to pay an annual licence fee for a financial year that would otherwise arise under section 44H if that upfront licence fee relates to a period that encompasses that financial year. (5) No upfront licence fee, and no part of an upfront licence fee, that is paid in accordance with this section is to be refunded to the port licence holder except as provided under section 44N. S. 44I inserted by No. 8/2012 s. 5. 44I Amount of port licence fee (1) The amount of the port licence fee payable in respect of the financial year commencing on 1 July 2012 is $75 million. (2) The amount of the port licence fee payable in respect of each subsequent financial year is the amount calculated under section 44J. S. 44J inserted by No. 8/2012 s. 5. 44J Calculation of port licence fee S. 44J(1) amended by No. 44/2014 s. 33(Sch. item 21(1)). (1) For the purposes of section 44I(2), the amount is calculated in accordance with the formula— where— A is the amount of the fee for the financial year immediately preceding the financial year in respect of which the fee is payable;
S. 44K (Heading) amended by No. 10/2016 s. 100(1). S. 44K inserted by No. 8/2012 s. 5. 44K Notice of annual licence fee S. 44K(1) amended by No. 10/2016 s. 100(2). (1) The Minister must cause a notice to be published in the Government Gazette specifying the amount of an annual licence fee calculated in accordance with section 44J before the 1 June that immediately precedes the financial year to which the annual licence fee relates. S. 44K(2) amended by No. 10/2016 s. 100(3). (2) A failure to comply with subsection (1) in respect of a financial year does not affect the obligation of the port licence holder under section 44H to pay the annual licence fee for that year. S. 44L (Heading) amended by No. 10/2016 s. 101(1). S. 44L inserted by No. 8/2012 s. 5. 44L Method of payment of annual licence fee S. 44L(1) amended by No. 10/2016 s. 101(2). (1) The annual licence fee for a financial year is payable by the port licence holder in quarterly instalments.
S. 48A inserted by No. 10/2016 s. 105. 48A Commission must have regard to objectives of this Part In addition to the objectives under section 8 of the Essential Services Commission Act 2001 (but subject to section 5(2) of that Act), the Commission must have regard to the objectives set out in section 48 when performing its functions or exercising its powers in relation to the regulated industry. S. 49 amended by Nos 62/2001 s. 86(1)(f), 77/2001 s. 32(4)(c), substituted by No. 85/2003 s. 12, amended by No. 10/2016 s. 106(2) (ILA s. 39B(1)). 49 Price regulation (1) For the purposes of Part 3 of the Essential Services Commission Act 2001— (a) the port industry in a commercial trading port is a regulated industry; (b) the prices charged for the provision of, or in connection with, prescribed services in respect of the regulated industry, other than prescribed prices for prescribed services within the meaning of the Grain Handling and Storage Act 1995, are prescribed prices; S. 49(c) amended by No. 63/2007 s. 8, substituted by No. 78/2011 s. 50. (c) the following are prescribed services— S. 49(c)(i) substituted by No. 10/2016 s. 106(1). (i) the provision of channels (except anchorages) for use by shipping in port of Melbourne waters, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong and the Dedicated Channels used by vessels bound for the port of Melbourne;
(b) any application to the Supreme Court under section 49P. Note The Commission must also have regard to the objectives of this Part and the objectives under section 8 of the Essential Services Commission Act 2001 when investigating a complaint—see section 48A. (5) The Commission must inform the person of the outcome of its investigation of the person's complaint. (6) If the Commission considers that the issues raised in the complaint have not been considered or dealt with under a Pricing Order or Division 2A or 2B, the Commission may refer the complaint to the ESC Minister. Pt 3 Div. 2D (Heading and ss 49R–49ZH) inserted by No. 10/2016 s. 108. Division 2D—Competitive neutrality pricing Subdivision 1—Preliminary S. 49R inserted by No. 10/2016 s. 108. 49R Definitions In this Division— accrual building block section 49S; competitively neutral price, for a relevant service, means the price, determined through the application of the competitively neutral pricing principles, that is the lower of— (a) the price which is likely to enable the recovery of the efficient costs attributable to any State cost contribution and any private cost contribution in providing the relevant service; and
S. 56(2) amended by No. 62/2001 s. 86(1)(d). (2) The financial and business records must be prepared and maintained in accordance with guidelines made by the Commission. S. 56(3) amended by No. 62/2001 s. 86(1)(d). (3) The provider of prescribed services must make the financial and business records available to the Commission when required to do so by notice in writing given by the Commission. (4) A requirement under subsection (3) must identify the information or document required and must specify— (a) by when the requirement must be complied with; and S. 56(4)(b) amended by No. 62/2001 s. 86(1)(d). (b) in what form the information or copy of the document is to be given to the Commission; and (c) that the requirement is made under this section and must include a copy of this section and section 57. S. 56(5) amended by No. 62/2001 s. 86(3)(a). (5) A person who without lawful excuse fails to comply with any requirement made under this section is guilty of an offence. 120 penalty units. (6) It is a lawful excuse for the purposes of subsection (5) that compliance may tend to incriminate the person or make the person liable to a penalty for any other offence. S. 56(7) amended by No. 62/2001 s. 86(1)(d) (3)(b). (7) A person must not, in purported compliance with a requirement, knowingly give the Commission information that is false or misleading. 120 penalty units or imprisonment for 6 months. S. 56(8) amended by No. 62/2001 s. 86(3)(c). (8) A person must not— (a) threaten, intimidate or coerce another person; or
S. 63B inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 69, substituted by No. 10/2016 s. 116. 63B Exemptions for public sector entities that are not the port of Melbourne operator The following entities are exempted from the requirement to obtain a licence in respect of the provision of prescribed services— S. 63B(a) amended by No. 10/2016 s. 179(Sch. 1 item 7.5). (a) the Victorian Ports Corporation (Melbourne); (b) any other public sector entity if it is not the port of Melbourne operator. S. 63C inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 70, substituted by No. 10/2016 s. 116. 63C Exemptions by Governor in Council (1) The Governor in Council, by Order in Council published in the Government Gazette, may exempt a person from the requirement to obtain a 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. (4) An Order under subsection (1) may confer powers and functions on, and leave any matter to be decided by, the Minister. S. 63D inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 71, substituted by No. 10/2016 s. 116. 63D Application for port licence (1) A person may apply to the Minister for the issue of a licence authorising the provision of the prescribed services specified in the application.
S. 73A inserted by No. 93/2009 s. 11. 73A Definitions In this Part— notified towage services provider means a person who has given a notification under section 73F that is in force under section 73H; towage conditions determination means a determination made in accordance with Division 4; towage requirements determination means a determination made in accordance with Division 2; towage service means the service of supplying one or more towage vessels to assist in the navigation of other vessels by towing or pushing those vessels into, within or out of port waters; towage vessel means a vessel designed or intended to be used to assist another vessel's navigation by towing or pushing that vessel. Division 2—Towage requirements S. 73B inserted by No. 93/2009 s. 11. 73B Towage requirements determination S. 73B(1) amended by No. 10/2016 s. 179(Sch. 1 item 7.9). (1) The Victorian Ports Corporation (Melbourne) may make a determination as to— (a) the period of time for which its provisions operate (the determination period); and (b) the minimum number of towage vessels required to be provided by notified towage
A channel includes anchorages—see the definition of channel in section 3(1). approved channel fee means a channel fee approved by Order in Council under section 74AB; approved wharfage fee means a wharfage fee approved by Order in Council under section 74AB; S. 74AA def. of designated State port entity amended by No. 10/2016 s. 179(Sch. 1 item 7.17). designated State port entity means any of the following entities designated by Order in Council under section 74AB— (a) the Victorian Ports Corporation (Melbourne); (b) a public entity other than the Victorian Ports Corporation (Melbourne). S. 74AB inserted by No. 10/2016 s. 123. 74AB Designated State port entities and approved wharfage fees and channel fees The Governor in Council, by Order published in the Government Gazette, may do any one or more of the following— S. 74AB(a) amended by No. 10/2016 s. 179(Sch. 1 item 7.18). (a) designate the Victorian Ports Corporation (Melbourne) or another public entity as a designated State port entity; (b) approve a wharfage fee determined by a designated State port entity under section 74 as an approved wharfage fee; S. 74AB(c) amended by No. 10/2016 s. 179(Sch. 1 item 7.18). (c) approve a channel fee (other than an anchorage fee) determined by the Victorian Ports Corporation (Melbourne) under section 75 as an approved channel fee.
Flora and Fauna Guarantee Act 1988, the Land Act 1958, the Marine Safety Act 2010, the National Parks Act 1975, the Occupational Health and Safety Act 2004, the Parks Victoria Act 1998, the Planning and Environment Act 1987, the Pollution of Waters by Oil and Noxious Substances Act 1986 or the Water Act 1989 or any regulations made under any one of those Acts; S. 83 def. of port waters amended by No. 45/2010 s. 37. port waters, in relation to VRCA, means any waters in respect of which VRCA has functions under Division 3B of Part 6 of the Transport Integration Act 2010; S. 83 def. of authority amended by Nos 38/2011 s. 32, 10/2016 ss 131, 179(Sch. 1 item 7.23). recommending authority— (a) in relation to an area, the declaration of which as a restricted access area is or may be recommended by the Victorian Ports Corporation (Melbourne), means the Victorian Ports Corporation (Melbourne); or (ab) in relation to an area, the declaration of which as a restricted access area is or may be recommended by the port of Melbourne operator, means the port of Melbourne operator; or (b) in relation to an area, the declaration of which as a restricted access area is or may be recommended by VRCA, means VRCA; 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,
authority to carry out its powers or functions and give effect to its objectives under this Act; and (b) if any area or part of an area that is to be declared under subsection (1) or (2)— (i) is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978; or (ii) is within 100 metres of land that is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978— the Minister has first consulted the Minister administering that Act. (4) A park or a part of a park, within the meaning of the National Parks Act 1975, is not to be taken to be the subject of a declaration under this section, unless the Minister administering that Act consents to the application of the declaration to the park or the part of the park. S. 84(5) amended by No. 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22). (5) If any area or part of an area that is to be declared under subsection (1) or (2) is in port waters of a recommending authority, the recommending authority must not recommend the declaration of the area unless the authority has first consulted the Director, Transport Safety. (6) If any area or part of an area that is to be declared under subsection (1) or (2) is within 100 metres of a park or a part of a park, within the meaning of the National Parks Act 1975, the recommending authority must not recommend the declaration of the area unless the authority has first consulted the Secretary, within the meaning of that Act.
New s. 86 inserted by No. 63/2007 s. 14. 86 Provisions as to restricted access area declarations (1) A restricted access area declaration— (a) must be made by instrument published in the Government Gazette; and (b) may describe an area by reference to a map, plan or otherwise. (2) A restricted access area declaration takes effect— (a) on the day that it is published in the Government Gazette; or (b) if a later day is specified in the declaration, on that day. (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 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
S. 88Q(2)(b) amended by No. 10/2016 ss 140(2)(b), 179(Sch. 1 item 7.31). (b) the identity or location of the owner of the thing cannot be established or the Victorian Ports Corporation (Melbourne) or port of Melbourne operator reasonably believes that the owner of the property will not move the property. S. 88R inserted by No. 93/2009 s. 12. 88R Powers when moving things (1) In the case of a vehicle or vessel, a person acting in accordance with section 88Q(1) or (2) may enter the vehicle or vessel using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving the vehicle or vessel. S. 88R(2) amended by No. 10/2016 ss 141, 179(Sch. 1 item 7.32). (2) The Victorian Ports Corporation (Melbourne) or port of Melbourne operator when moving a thing under section 88Q(1) or (2) must move it to a place that the Corporation or port of Melbourne operator reasonably believes is the nearest safe and convenient place. S. 88S inserted by No. 93/2009 s. 12, amended by No. 10/2016 ss 142, 179(Sch. 1 item 7.32). 88S Requirement to make enquiries as to owner of thing If the Victorian Ports Corporation (Melbourne) or port of Melbourne operator has moved a thing under section 88Q(1) or (2), the Corporation or port of Melbourne operator must make all reasonable enquiries to establish the identity or location of the owner of the property. S. 88T inserted by No. 93/2009 s. 12. 88T Disposal of thing S. 88T(1) amended by No. 10/2016 ss 143(1), 179(Sch. 1 item 7.33). (1) If, after reasonable enquiries, the Victorian Ports Corporation (Melbourne) or port of Melbourne operator is unable to establish the identity or location of the owner of a thing that
(f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligee wholly or in part from any obligation. Division 5—Rights as between transferees 115 Interim arrangements S. 115(1) amended by No. 63/1997 s. 7(4). (1) Each transferee of former port authority property or port property (the new body)— S. 115(1)(a) amended by No. 63/1997 s. 7(4). (a) may, subject to any agreement to the contrary, exercise such rights and privileges (including access to goods and services) in relation to former port authority property or port property that has become property of another transferee as are reasonably necessary to enable the new body to carry out its functions in a manner similar to the manner in which the relevant port authority carried out corresponding functions before the relevant date; and (b) must, subject to any agreement to the contrary— S. 115(1)(b)(i) amended by No. 63/1997 s. 7(4). (i) permit any other transferee to exercise such rights and privileges in relation to former port authority property or port property that has become property of the new body; and S. 115(1)(b)(ii) amended by No. 63/1997 s. 7(4). (ii) make available to each other transferee such goods and services as are available from that former port authority property or port property— as are reasonably necessary to enable the other transferee to carry out its functions in a manner similar to the manner in which the relevant port
In this Part— S. 117 def. of complying scheme substituted as complying fund by No. 4/1996 s. 134(10)(a). complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936; current defined benefit scheme means— (a) the Authority Superannuation Scheme; (b) the State Employees Retirement Benefits Fund; (c) the State Superannuation Fund; (d) the Transport Superannuation Fund; (e) the Local Authorities Superannuation Fund; S. 117 def. of designated agency amended by Nos 77/2001 s. 32(4)(e), 6/2010 s. 203(1)(Sch. 6 item 36.3) (as amended by No. 45/2010 s. 22). designated agency means— (a) the Environment Protection Authority of ; (b) the Director, Transport Safety; (c) the Health and Safety Organisation; designated agency employee means a port authority employee who accepts an offer of employment made by a designated agency under section 118(1); designated port employee means a port authority employee who accepts an offer of
employment made by a local authority under section 118(2); port authority employee means a person who immediately before the commencement of this Part is an employee of— (a) PMA; or (b) PGA; or (c) PPA; S. 117 def. of port corporation inserted by No. 23/2003 s. 14. 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; port corporation employee means a port authority employee who accepts an offer of employment made by a port corporation under section 118(1); purchaser means— (a) a port operator; or (b) a channel operator; or (c) a person declared by the Minister by instrument in writing to be a purchaser; regional port employee means a port authority employee who accepts an offer of employment made by a purchaser before the expiry of the transfer period; transfer period means in respect of each purchaser the period of 2 months
Ss 162–180 repealed by No. 63/1997 s. 8. * * * * * Pt 12 (Heading and ss 181–189) amended by No. 63/1997 s. 9(2), repealed by No. 63/1997 s. 8, new Pt 12 (Heading and ss 162–164) inserted by No. 23/2003 s. 15. New s. 162 inserted by No. 23/2003 s. 15. 162 Definitions In this Part— commencement day means the day on which section 5 of the Port Services () Act 2003 comes into operation; old corporation means MPC, 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. New s. 163 inserted by No. 23/2003 s. 15. 163 Transfer of property etc. from MPC 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
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). 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
Assent Date: 17.8.10 Commencement Date: Ss 24–41 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 : This information relates only to the provision/s amending the Port Management Act 1995 Marine Safety Act 2010, No. 65/2010 (as amended by No. 78/2011) Assent Date: 28.9.10 Commencement Date: Ss 418, 419 on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Port Management Act 1995 Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010 Assent Date: 19.10.10 Commencement Date: S. 35 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 : This information relates only to the provision/s amending the Port Management Act 1995 Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011 Assent Date: 23.8.11 Commencement Date: Ss 22–34 on 1.1.12: s. 2(2) : This information relates only to the provision/s amending the Port Management Act 1995 Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011 Assent Date: 13.12.11 Commencement Date: Ss 50–53 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4 : This information relates only to the provision/s amending the Port Management Act 1995 Port Management Amendment (Port of Melbourne Corporation Licence Fee) Act 2012, No. 8/2012 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: 16.6.15 Commencement Date: S. 3(Sch. 1 item 39) on 1.8.15: s. 2(1) Current State: This information relates only to the provision/s amending the Port Management Act 1995 Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016 Assent Date: 22.3.16 Commencement Date: Ss 94(1)(b)(2), 95–98, 103–122, 131–153, 155–157 on 7.6.16: Special Gazette (No. 177) 7.6.16 p. 1; ss 94(1)(a), 99–102, 123–130, 154 on 1.7.16: Special Gazette (No. 177) 7.6.16 p. 1; s. 179(Sch. 1 item 7) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1 Current State: This information relates only to the provision/s amending the Port Management Act 1995 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details