25 44A Appointment of port managers of local ports 25 44B General powers of port managers 27 44C Delegation 28 44D Charges 28 44E Dredging 29 44F Other works 29 44G Port manager may act as harbour master if there is no harbour master 30 31 Division 1—Preliminary 31 45 Definitions 31 46 Construction of Part 32 47 Application of Part 32 48 Objectives of the Commission 32 49 Price regulation 33 Division 2—Repealed 33 50–52 Repealed 33 Division 3—General powers 34 53 Conduct of inquiries 34 54 General power to make determinations 34 55 Standards and conditions of service and supply 36 56 Financial and business records 37 57 Restriction on disclosure of confidential information 39 Division 4—Repealed 42 58–63AD Repealed 42 Division 5—Licences 42 63A Prohibition 42 63B Exemptions 43 63C Application for licence 43 63D Grant or refusal of application 44 63E Provisions relating to licences 44 63F Specific licence conditions 45 63G Determination of fees and charges 45 63H Variation or revocation of licence 46 63I Gazettal requirement 46 63J Transfer of licence 47 63K Repealed 48
S. 3(1) def. of MPC repealed by No. 23/2003 s. 3(b). * * * * * navigation aid means a device used for the safety of navigation including a beacon, buoy or marine mark but not including a device on board a vessel; s. 3 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 of PMA repealed by No. 23/2003 s. 3(b).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 of POHC inserted by No. 85/2003 s. 29(b), repealed by No. 45/2010 s. 26(a).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 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 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 ; s. 3 S. 3(1) def. of port of Melbourne inserted by No. 23/2003 s. 3(a), amended by No. 23/2003 s. 18(c). port of means of land and waters; S. 3(1) def. of Port of Melbourne Corporation inserted by No. 23/2003 s. 3(a), substituted by No. 45/2010 s. 26(d). Port of Melbourne Corporation has the same meaning as it has in the Transport Integration Act 2010;
S. 6 repealed by No. 63/1997 s. 6(2), new s. 6 inserted by No. 85/2003 s. 6. 6 Ports s. 6 The Governor in Council may by Order published in the Government Gazette— (a) name the port established by the area of lands and waters or lands or waters declared by an Order under section 5; (b) declare the port to be a commercial trading port or a local port for the purposes of this Act; (c) revoke the declaration of a port as a commercial trading port or a local port; (d) declare a port that has been declared by Order in Council to be a local port to be a commercial trading port; (e) declare part of a port that has been declared by Order in Council to be a local port to be a commercial trading port; (f) declare a port that has been declared by Order in Council to be a commercial trading port to be a local port; (g) declare part of a port that has been declared by Order in Council to be a commercial trading port to be a local 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.
(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 s. 44G (1) This section applies if there is no harbour master for a local port. S. 44G(2) amended by No. 9/2004 s. 27. (2) Sections 26E, 26F, 26G, 26H, 26HA, 26HB, 26HC and 26I of the Marine Act 1988 apply as if a reference in those provisions to a harbour master were a reference to the local authority for the port. _______________ Division 1—Preliminary 45 Definitions s. 45 In this Part— S. 45 def. of channel operator amended by Nos 23/2003 s. 23, 85/2003 s. 30(2), 45/2010 s. 34, 38/2011 s. 24. channel operator means VRCA or a person who manages channels in port waters under an arrangement with VRCA or the Port of Melbourne Corporation when acting in port of Melbourne waters; S. 45 def. of Commission inserted by No. 62/2001 s. 86(1)(a). Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;
Pt 3 Div. 4 (Heading and ss 58–63) amended by Nos 62/2001 ss 86(1) (c)(d)(f)(g), 87(2), 85/2003 ss 15–17, 75/2004 s. 68, 63/2007 s. 10, repealed by No. 78/2011 s. 52. * * * * * Pt 3 Div. 5 (Heading and ss 63A–63K) inserted by No. 62/2001 s. 88. Division 5—Licences S. 63A inserted by No. 62/2001 s. 88. 63A Prohibition s. 63A A person who is the provider of prescribed services must not engage in the provision of prescribed services unless the person— (a) is the holder of a licence authorising the provision of the relevant prescribed services; or (b) is exempted from the requirement to obtain a licence in respect of the provision of the relevant prescribed services. 100 penalty units and 10 penalty units for each day after the day on which a notice of contravention of this subsection is served on the person by the Commission. S. 63B inserted by No. 62/2001 s. 88. 63B Exemptions (1) The Governor in Council may by Order in Council published in the Government Gazette exempt a person from the requirement to obtain a licence in respect of the provision of the
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 No. 38/2011 s. 32. recommending authority— (a) in relation to an area, the declaration of which as a restricted access area is or may be recommended by the Port of Melbourne Corporation, means the Port of Melbourne Corporation; or s. 83 (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, 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
(i) money is, or may become, payable to or by PGA; or (ii) other property is to be, or may become liable to be, transferred to or by PGA; PMA instrument means an instrument (including a legislative instrument other than this Act and regulations under this Act and the Port of Melbourne Authority Act 1958 and regulations under that Act) subsisting immediately before the appropriate relevant date— (a) to which PMA was a party; or (b) that was given to or in favour of PMA; or (c) that refers to PMA; or (d) under which— (i) money is, or may become, payable to or by PMA; or (ii) other property is to be, or may become liable to be, transferred to or by PMA; s. 99 S. 99(1) def. of port authority inserted by No. 63/1997 s. 7(1)(a). port authority includes, in relation to port property, SEC; S. 99(1) def. of port authority instrument inserted by No. 63/1997 s. 7(1)(a). port authority instrument has the same meaning as in Part 11; 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
New s. 177 inserted by No. 85/2003 s. 23. 177 Definitions s. 177 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
__________________ 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. 1 Sch. 2 inserted by No. 110/2004 s. 62(Sch). SCHEDULE 2 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). SCHEDULE 3 Sch. 3 Parties Location Description of purported deed or
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 Endnotes 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