S. 3(1) def. of domestic partner inserted by No. 63/2007 s. 4(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 48.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 14.1). film friendly principles has the same meaning as in the Filming Approval Act 2014; S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 14.1). film permit has the same meaning as in the Filming Approval Act 2014; S. 3(1) def. of harbour master substituted by No. 9/2004 s. 26, amended by No. 65/2010 s. 418(b). harbour master has the same meaning as in the Marine Safety Act 2010; S. 3(1) def. of hazardous port activity inserted by No. 93/2009 s. 10, amended by No. 54/2012 s. 12. hazardous port activity means any activity involving the following— (a) the transfer of dry or liquid cargoes to and from vessels or wharves; (ab) the transfer of liquid fuel or other noncargo liquids by flexible hose to and from vessels or wharves; (b) hot works, being welding, thermal or oxygen cutting or heating or any other heat producing or spark producing activity;
S. 3(1) def. of HPHC inserted by No. 63/1997 s. 3, repealed by No. 85/2003 s. 29(a). * * * * * instrument includes a document and an oral agreement; S. 3(1) def. of leased port of Melbourne land inserted by No. 10/2016 s. 94(2). leased port of Melbourne land means port of Melbourne land in respect of which the port of Melbourne operator holds a leasehold interest; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; S. 3(1) def. of licensed harbour master amended by Nos 77/2001 s. 32(4)(a)(i), 6/2010 s. 203(1)(Sch. 6 item 36.1(b)) (as amended by No. 45/2010 s. 22), 65/2010 s. 418(b). licensed harbour master means a harbour master licensed by the Director, Transport Safety under the Marine Safety Act 2010; S. 3(1) def. of local port inserted by No. 85/2003 s. 28(a). local port means a port declared to be a local port by Order in Council under section 6; S. 3(1) def. of managed land repealed by No. 23/2003 s. 3(b). * * * * *
S. 3(1) def. of PMA repealed by No. 23/2003 s. 3(b). * * * * * S. 3(1) def. of POHC inserted by No. 85/2003 s. 29(b), repealed by No. 45/2010 s. 26(a). * * * * * S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 128.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; 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;
Relationships Act 2008 as may be relevant in a particular case. S. 3A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 10) (as amended by No. 45/2010 s. 5). 3A Transport Integration Act 2010 This Act is transport legislation within the meaning of the Transport Integration Act 2010. S. 3B inserted by No. 51/2014 s. 9(Sch. 2 item 14.2). 3B Filming Approval Act 2014 This Act is filming approval legislation within the meaning of the Filming Approval Act 2014. 4 Owner of vessel or cargo (1) A reference in this Act to the owner of a vessel includes a reference to— (a) a person to whom the vessel belongs; or (b) a person who has chartered the vessel. (2) A reference in this Act to the owner of a vessel or cargo includes a reference to any person who, whether on the person's own behalf or on behalf of another— (a) exercises any of the functions of the owner of the vessel or cargo; or S. 4(2)(b) amended by Nos 23/2003 s. 17(Sch. item 1), 85/2003 s. 30(2), 10/2016 ss 95, 179(Sch. 1 item 7.2). (b) represents to the Victorian Ports Corporation (Melbourne), the port of Melbourne operator, VRCA or a port operator that the person has those functions or accepts the obligation to exercise those functions. (3) For the purposes of this Act, a person does not cease to be an owner of a vessel because the vessel is mortgaged, chartered, leased or hired to another person.
(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
(a) an order granting an injunction on such terms as the Court thinks appropriate— (i) restraining the provider from engaging in the conduct; or (ii) if the conduct involves refusing or failing to do something, requiring the provider to do that thing; (b) an order directing the provider to pay to the State an amount up to the amount of any financial benefit that the provider has obtained directly or indirectly and that is reasonably attributable to the contravention; (c) an order directing the provider to compensate any other person who has suffered loss or damage as a result of the contravention; (d) any other order that the Court thinks appropriate. Pt 3 Div. 2C (Heading and s. 49Q) inserted by No. 10/2016 s. 108. Division 2C—Complaints in relation to provision of prescribed services 49Q Person provided prescribed services may complain to ESC in relation to the provision of such services (1) This section applies if a person who is provided prescribed services considers that the provider of those services has not, in providing the services, complied with the Pricing Order which applies to those services. (2) The person may complain to the Commission about the non-compliance with the Pricing Order. (3) On receiving a complaint under subsection (2), the Commission may investigate the complaint.
S. 63H inserted by No. 62/2001 s. 88, substituted by No. 10/2016 s. 116. 63H Compliance with conditions of port licence A port licence holder must comply with the conditions of the port licence the port licence holder holds. Penalty: 100 penalty units and 10 penalty units for each day after the day on which a notice of contravention of this section is served on the person by the Minister. S. 63I inserted by No. 62/2001 s. 88, substituted by No. 10/2016 s. 116. 63I Variation of port licence A port licence or the licence conditions may be varied— (a) in accordance with the procedures specified in the licence conditions; or (b) by agreement between the Minister (after consultation with the Treasurer) and the port licence holder. S. 63J inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 74, substituted by No. 10/2016 s. 116. 63J Revocation of port licence (1) The Minister may revoke a port licence on any ground specified in the licence conditions. (2) The procedure that applies to a revocation of a port licence under subsection (1) is the procedure specified in the licence conditions (if any). S. 63K inserted by No. 62/2001 s. 88, repealed by No. 75/2004 s. 75, new s. 63K inserted by No. 10/2016 s. 116. 63K Transfer of port licence—on application by port licence holder (1) A port licence holder may apply to the Minister for approval to transfer the port licence they hold. (2) An application must be in a form approved by the Minister and be accompanied by such documents as may be required by the Minister.
licence over any land reserved under this Part for which it is the committee of management for any period (of not greater than 25 years) for which the Corporation thinks fit, if that lease or licence is in accordance with the purposes for which the land is reserved. S. 66(2) amended by No. 10/2016 s. 179(Sch. 1 item 7.8). (2) The power to grant a lease or licence under subsection (1) is in addition to any power the Victorian Ports Corporation (Melbourne) has as a committee of management under the Crown Land (Reserves) Act 1978 to grant a lease or licence under that Act. S. 66(3) amended by No. 10/2016 s. 179(Sch. 1 item 7.8). (3) The Victorian Ports Corporation (Melbourne) has the same powers to manage land reserved under this Part as it has in relation to land in which it has a proprietary interest, including, but not limited to, the power to impose wharfage and channel fees. S. 66(4) amended by No. 10/2016 s. 179(Sch. 1 item 7.8). (4) In exercising a power under subsection (3) the Victorian Ports Corporation (Melbourne) must not do so inconsistently with— (a) subsection (1) or (2); or (b) the purposes for which the land is reserved. Pt 4 Divs 2, 3 (Headings and ss 68–71) repealed by No. 63/1997 s. 6(3). * * * * * Division 4—General 72 Registrar of Titles to amend records S. 72(1) repealed by No. 85/1998 s. 24(Sch. item 46.1). * * * * * (2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register
under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part. 73 Exemption from stamp duty and other taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part. Pt 4A (Heading and ss 73A–73R) inserted by No. 93/2009 s. 11. Division 1—Preliminary 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 services providers during the determination period; and S. 73B(1)(c) amended by No. 10/2016 s. 118(1)(a). (c) the minimum towing and pushing capacity of any such vessels; and S. 73B(1)(ca) inserted by No. 10/2016 s. 118(1)(b). (ca) the minimum emergency response capability (including minimum firefighting capabilities) of any such vessels or class of such vessels and any specified standards applicable to such capabilities; and (d) the minimum requirements necessary for such vessels to be fit to provide the service that the vessels are to be used to provide; and S. 73B(1)(e) amended by No. 10/2016 s. 118(1)(c). (e) the availability required for such vessels to provide the services; and S. 73B(1)(f) inserted by No. 10/2016 s. 118(1)(d). (f) the availability required for such vessels that have emergency response capabilities (including fire-fighting capabilities).
S. 73N(1) amended by No. 65/2010 s. 419(3), substituted by No. 10/2016 s. 122, amended by No. 10/2016 s. 179(Sch. 1 item 7.15). (1) The Victorian Ports Corporation (Melbourne) must not make a towage conditions determination unless the Corporation has first consulted with— (a) the Director, Transport Safety; and (b) the port of Melbourne operator. S. 73N(2) amended by No. 10/2016 s. 179(Sch. 1 item 7.15). (2) Before making a towage conditions determination, the Victorian Ports Corporation (Melbourne) must first obtain the approval of the Minister. (3) Before approving the making of a towage conditions determination, the Minister must obtain the approval of the Treasurer. S. 73O inserted by No. 93/2009 s. 11). 73O Compliance with determined towage condition S. 73O(1) amended by No. 10/2016 s. 179(Sch. 1 item 7.16). (1) If a notified towage services provider has not complied with any condition in a towage conditions determination applying to the provision of towage services in the port of Melbourne by that services provider, within 2 months of the condition having been in effect, the Victorian Ports Corporation (Melbourne) may serve notice to that effect to the provider. (2) A notice under subsection (1)— (a) must set out the matters comprising the failure to comply; and (b) may specify that within two months of the date on which the notice is served on the provider, the provider must comply with the condition; and
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. Note to s. 74AB(c) amended by No. 10/2016 s. 179(Sch. 1 item 7.19). Note The Victorian Ports Corporation (Melbourne) is the channel operator for port of Melbourne waters—see the definition of channel operator in section 3(1). S. 74 (Heading) substituted by No. 38/2011 s. 26(1). S. 74 amended by No. 23/2003 s. 10, substituted by No. 63/2007 s. 12. 74 Wharfage fees—Port of Melbourne S. 74(1) amended by Nos 45/2010 s. 36, 38/2011 s. 26(2), substituted by No. 10/2016 s. 124(1). (1) Subject to this Part— (a) the port of Melbourne operator may determine a wharfage fee in respect of the provision of a site in the port of Melbourne at which stevedoring operations may be carried out; and
are jointly and severally liable for the payment of the fee. (5) Nothing in this section affects a fee payable for the services specified in subsection (1) in accordance with the terms of a contract. Ss 76, 77 repealed by No. 51/1996 s. 10(1). * * * * * S. 78 (Heading) inserted by No. 63/2007 s. 18(Sch. item 1(1)). 78 Payment of wharfage and channel fees S. 78(1) amended by Nos 23/2003 s. 17(Sch. item 3(1)), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 1(2)), 38/2011 s. 28(1), 10/2016 s. 126(1). (1) A wharfage fee or channel fee under this Part is payable on demand by the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, VRCA or the channel operator (as the case requires), or at such time, or on such terms, as the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, VRCA or the channel operator may determine in respect of the person liable to pay it. S. 78(2) amended by Nos 23/2003 s. 17(Sch. item 3(2)), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 1(3)), 38/2011 s. 28(2), 10/2016 s. 126(2). (2) Agents may be appointed by the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, VRCA or the channel operator for collection of wharfage fees 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, 10/2016 s. 130. The port of Melbourne operator, the designated State port entity, 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 In this Part— S. 83 def. of authorised person amended by Nos 65/2010 s. 419(4) (as amended by No. 78/2011 s. 43), 73/2013 s. 99(a), 37/2014 s. 10(Sch. item 128.2). authorised person means a person— (a) acting under a certificate of authorisation under section 88G; or (b) who is a police officer, acting in the course of his or her duties as such a police officer; or (c) who is— (i) an employee in the public service within the meaning of the Public Administration Act 2004; or (ii) an officer or employee of a public body— who is performing duties or functions under this Act, the Coastal
S. 88W(b)(ii) inserted by No. 10/2016 s. 146(b). (ii) if the thing was disposed of by the port of Melbourne operator, to the State. Pt 5C (Headings and ss inserted by No. 10/2016 s. 147. Division 1—Preliminary S. 88X inserted by No. 10/2016 s. 147. 88X Definitions In this Part— allowable purposes means the purposes set out in section 88ZI(2); authorised officer means a person appointed under section 88ZL; information direction means a direction given under 88ZI(1); port operator direction means a direction given under 88Y(1); reportable matter—see section 88ZG. Division 2—Port operator directions S. 88Y inserted by No. 10/2016 s. 147. 88Y Directions to maintain or improve safety and security (1) The port of Melbourne operator, for the purpose of maintaining or improving safety and security on leased port of Melbourne land, may give directions that regulate or prohibit any of the following activities on that land—
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(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 In this Part— S. 91A def. of relevant Ministers amended by Nos 107/2004 s. 184, 65/2010 s. 419(6), 54/2012 s. 14, 73/2013 s. 99(b). relevant Ministers means the Ministers administering the Coastal Management Act 1995, Dangerous Goods Act 1985, the Environment Protection Act 1970, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Marine Safety Act 2010, the Occupational Health and Safety Act 2004 and the Emergency Management Act 2013. S. 91B inserted by No. 85/2003 s. 18. 91B Application of other Acts
S. 91D(4) repealed by No. 54/2012 s. 6(7). * * * * * S. 91E inserted by No. 85/2003 s. 18, substituted by No. 54/2012 s. 7. 91E Audits of compliance S. 91E(1) amended by No. 10/2016 s. 151(a). (1) A safety management plan for a commercial trading port or a part of a commercial trading port must be audited by a person who is approved by the Minister in accordance with subsection (5) to determine whether— (a) the plan adequately provides for the matters required by section 91D(1); and (b) the plan has been prepared in accordance with any Ministerial guidelines under section 91G; and S. 91E(1)(c) amended by No. 10/2016 s. 151(b). (c) the port manager is complying with the safety management plan for the port or the part of the port. S. 91E(2) amended by No. 10/2016 s. 151(a). (2) An environment management plan for a commercial trading port or a part of a commercial trading port must be audited by an environmental auditor appointed under section 53S of the Environment Protection Act 1970 to determine whether— (a) the plan adequately provides for the matters required by section 91D(1); and (b) the plan has been prepared in accordance with any Ministerial guidelines under section 91G; and
(4) The port of Melbourne operator must comply with a direction given to it under subsection (2). Penalty: 240 penalty units. S. 91V inserted by No. 10/2016 s. 156. 91V Ministerial directions if Rail Access Strategy is noncompliant (1) This section applies if the Minister is of the opinion that a Rail Access Strategy submitted by the port of Melbourne operator— (a) has not been prepared in accordance with the guidelines, if any; or (b) does not set out the matters required to be set out under section 91Q. (2) The Minister, by written notice given to the port of Melbourne operator, may direct the operator to amend and resubmit the Rail Access Strategy to the Minister by the date specified in the direction. (3) The date specified in a direction under subsection (2) must be at least 3 months after the date of the direction. (4) The port of Melbourne operator must comply with a direction given to it under subsection (2). Penalty: 240 penalty units. 92 Port corporation may act under certain agreements and instruments (1) If, under section 100 or an allocation statement under section 101, the rights and liabilities of a port authority under an agreement or instrument, vest in or become liabilities of a port corporation (the first corporation)—
corporation, channel operator or port operator for a use or development of land of a specified class; (f) zone or re-zone land forming part of port land or port waters and describe the objects and purposes of those zones and of particular use and development controls within those zones. (2) Subsection (1) authorises the preparation of only one amendment to each existing planning scheme. (3) The Planning and Environment Act 1987, except for section 12 and Divisions 1 and 2 of Part 3, applies to the preparation and approval of an amendment under subsection (1). S. 94 substituted by No. 66/2012 s. 28. 94 Liability of officers of bodies corporate (1) If a body corporate commits an offence against any of the following provisions, an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate— (a) section 63A; (b) section 73E(1); (c) section 73O(3); (d) section 88M(1); (e) section 88O; (f) section 91C(2); (g) section 91C(3). (2) An officer of a body corporate who is found guilty of an offence by force of subsection (1) is liable to a penalty not exceeding the maximum penalty for a natural person for the offence.
(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. S. 98(1A) inserted by No. 10/2016 s. 157(1). (1A) In addition, the Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act. (2) Regulations made under this Act may be made— S. 98(2)(aa) inserted by No. 10/2016 s. 157(2). (aa) so as to be of general or limited application; S. 98(2)(aab) inserted by No. 10/2016 s. 157(2). (aab) so as to differ according to differences in time, place or circumstances; (a) so as to apply— S. 98(2)(a)(i) repealed by No. 10/2016 s. 157(3). * * * * *
S. 160 substituted by No. 63/1997 s. 8. 160 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. S. 161 substituted by No. 63/1997 s. 8. 161 Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of a port authority if this Part had not been enacted, is admissible for or against the interests of SEC. S. 161(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 43.2). (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 port authority abolition date as if those books of account and entries were business records. S. 161(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 43.3). * * * * * Ss 162–180 repealed by No. 63/1997 s. 8. * * * * *