New South Wales Consolidated Acts

PORTS AND MARITIME ADMINISTRATION ACT 1995

- As at 6 July 2009
- Act 13 of 1995

TABLE OF PROVISIONS

           Long Title

   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

   6.      Establishment of Newcastle Port Corporation as statutory SOC
   7.      Establishment of Port Kembla Port Corporation as statutory SOC
   8.      Establishment of Sydney Ports Corporation as statutory SOC

           Division 2 - Objectives and functions of Port Corporations

   9.      Objectives of Port Corporations
   10.     Functions of Port Corporations
   10A.    Ministerial directions to Port Corporation-competition and productivity
   10B.    Regulations to promote competition and productivity at ports

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

   11.     Meaning of “port safety functions”
   12.     Exercise of port safety functions under operating licence
   13.     Performance standards and quality assurance programs for services under operating licence
   14.     Fee for operating licence and other financial provisions
   15.     Other provisions relating to operating licence

           Division 4 - Transfer of assets, rights and liabilities

   16.     Transfer of MSB port assets, rights and liabilities
   17.     Port safety assets, rights and liabilities

           Division 5 - Miscellaneous

   18.     Special provision for election of staff director
   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

   23.     Functions under marine legislation
   24.     Marine safety functions generally
   25.     Particular marine safety functions
   26.     Management of trading ports not managed by Port Corporations
   27.     Delegation of functions by Minister
   28.     Minister may contract for supply of services
           29-32. (Repealed)
   33.     Acquisition of land by Authority
   34.     (Repealed)

   PART 4 - MARITIME AUTHORITY OF NSW

           Division 1 - Constitution and management of Authority

   35.     Constitution of Authority
   36.     Chief Executive of Authority
   37.     Chief Executive to manage and control affairs of Authority
   38.     Ministerial control of Authority
   39.     Corporate plan
   40.     Regulations relating to certain staff
   40A.    Abolition of Marine Ministerial Holding Corporation

           Division 2 - Functions of Authority

   41.     Functions of Authority
   41A.    Delegation of functions by Authority

           Division 3 - Financial and other provisions relating to Authority

   42.     Waterways Fund
   43.     Investment
   44.     Financial year of Authority
   45.     (Repealed)
   46.     Seal of Authority

   PART 5 - PORT CHARGES

           Division 1 - Preliminary

   47.     Definitions generally
   48.     Meaning of “owner” of vessel or cargo

           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

   52.     Application of Division
   53.     Pilotage charges
   54.     Fixing of 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 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 - PILOTAGE

   77.     Definitions
   78.     Pilotage compulsory in pilotage ports
   79.     Vessels exempted from compulsory pilotage
   80.     Pilots in pilotage ports to be provided by pilotage service provider
   81.     Minister may enter into a contract for the provision of pilotage services not provided by Port Corporation
   82.     Deferment of pilotage generally
   83.     Deferment of pilotage for safety reasons
   84.     Duties of master in connection with pilotage
   85.     Liability of master and owner of vessel under pilotage
   86.     Immunity of State, pilots, pilotage service provider and others
   87.     Offence for pilot to endanger vessel
   88.     Provisions to apply when vessel under pilotage at request of owner
   89.     Regulations

   PART 7 - (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

   105.    Port boundaries
   106.    Act binds Crown
   107.    Combined financial and other reporting by Authority and Minister’s Department
   108.    Service of documents
   109.    Recovery or waiver of money due
   110.    Regulations
   111.    Repeals
   112.    (Repealed)
   113.    Savings, transitional and other provisions
   114.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5