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PORTS AND MARITIME ADMINISTRATION ACT 1995 - As at 23 September 2020 - Act 13 of 1995

- As at 23 September 2020 - Act 13 of 1995

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Definitions
  • 4 Meaning of "vessel"
  • 5 Dissolution of MSB and its subsidiaries

PART 2 - PORT CORPORATIONS

Division 1 - Establishment of Port Corporations as statutory State owned corporations

Division 2 - Objectives and functions of Port Corporations

Division 3 - Operating licence for port safety functions of Port Corporations

Division 4 - Transfer of assets, rights and liabilities

Division 5 - Miscellaneous

18. (Repealed)
  • 19 Restriction on sale or disposal of transferred land
  • 20 Foundation charter of Port Corporation for purposes of SOC Act
  • 21 Consultation with Minister on appointment of directors of Port Corporation and on statement of corporate intent
  • 21A Payment of penalties to Port Corporations
  • 22 Interpretation of this Part

PART 3 - MARINE SAFETY AND OTHER FUNCTIONS OF MINISTER

PART 3A - PRIVATE PORTS

Division 1 - Preliminary

Division 2 - Regulation of activities--port operator directions

Division 3 - Information gathering by port operators

  • 40E Power to require information to be provided
  • 40F Use and disclosure of information collected
  • 40G Compliance with information direction

PART 4 - FUNCTIONS ETC OF ROADS AND MARITIME SERVICES

Division 1 - (Repealed)

None

Division 2 - Functions of Authority

Division 3 - Financial and other provisions relating to Authority

PART 4A - SAFETY DIRECTIONS

  • 43E Directions to maintain or improve safety and security
  • 43F How safety directions are given
  • 43G Enforcement of safety directions
  • 44-46. (Repealed)

PART 5 - PORT CHARGES

Division 1 - Preliminary

Division 2 - Navigation service charges

  • 49 Application of Division
  • 50 Imposition of navigation service charge
  • 51 Fixing of navigation service charges

Division 3 - Pilotage charges

Division 4 - Port cargo access charges

  • 55 Application of Division
  • 56 Port cargo access charge
  • 57 Fixing of port cargo access charges

Division 5 - Site occupation charges and wharfage charges

  • 58 Application of Division
  • 59 Meaning of "site"
  • 60 Site occupation charge
  • 61 Wharfage charge
  • 62 Fixing of charges under this Division
  • 63 Replacement of statutory charges with contractual charges

Division 6 - Berthing charges

  • 64 Application of Division
  • 65 Berthing charge
  • 66 Fixing of berthing charges

Division 6A - Port infrastructure charges

  • 66A Application of Division
  • 66B Port infrastructure charges
  • 66C Fixing of port infrastructure charges

Division 7 - Agreements in respect of charges

  • 67 Agreements in respect of charges

Division 8 - Miscellaneous

  • 68 Payment and collection of charges
  • 69 Payment of charges to Minister to be credited to Consolidated Fund
  • 70 Interest on overdue payments
  • 71 Security for payment of charges
  • 72 Failure to comply with relevant port authority's requirements
  • 73 Liability of current owners and agents
  • 74 Waiver or refund of charges
  • 75 Part does not apply to Australian Defence Force vessels
  • 76 Regulations

PART 6 - PRICE MONITORING SCHEME

Note
  • 77 Scheme objective
  • 78 Ports to which Part applies
  • 79 Publication of charges
  • 80 Notice of increase in service charges
  • 81 Annual reporting of charges to the Minister
  • 82 Power of Minister to require information
  • 83 Confidential information
  • 84 Reports and statements by Minister
  • 85 Part extends to port corporation as appropriate public agency

PART 6A - MANAGEMENT OF WHARVES, MOORINGS, PORT FACILITIES AND WORKS

  • 85A Access to wharves
  • 85B Use of moorings by vessels
  • 85C Use of port facilities by vessels
  • 85D Investigation of port facilities
  • 85E Removal of unauthorised works
  • 85F Proof of certain matters not required
  • 85G Regulations under this Part
  • 85H Administrative reviews by NCAT
  • PARTS 7, 7A - (Repealed) None

PART 8 - LEGAL PROCEEDINGS

  • 100 Penalty notices
  • 101 Offences
  • 102 Time within which proceedings may be commenced
  • 103 Persons who may bring proceedings
  • 104 Offences by corporations

PART 9 - MISCELLANEOUS

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