New South Wales Consolidated Acts

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PORTS AND MARITIME ADMINISTRATION ACT 1995

- As at 7 July 2017
- 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, 8. (Repealed)

           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.     (Repealed)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

   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
   26A.    Minister may enter into contract for provision of pilotage services not provided by Port Corporation
   27.     Delegation of functions by Minister
   28.     Minister may contract for supply of services
           29-32. (Repealed)
   33.     Acquisition of land by Authority
   34.     Maritime Advisory Council

   PART 3A - PRIVATE PORTS

           Division 1 - Preliminary

   35.     Application
   36.     Definition

           Division 2 - Regulation of activities-port operator directions

   37.     Directions to maintain or improve safety and security
   38.     How port operator directions are given
   39.     Enforcement of port operator directions
   40.     Advance notice of proposed work
   40A.    Power of entry
   40B.    Functions exercisable by authorised officers
   40C.    Obstruction of authorised officer
   40D.    Monitoring of 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

   41.     Functions of Authority
   41A.    (Repealed)

           Division 3 - Financial and other provisions relating to Authority

   42.     Waterways Fund
   43.     Investment
   43A.    Exclusion of Dividing Fences Act 1991
   43B.    Land vested in the Authority taken to be Crown land for certain purposes
   43C.    Grant of rights of way under the Petroleum (Onshore) Act 1991
   43D.    Leases and licences under other Acts

   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

   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 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

   105.    Port boundaries
   105A.   Erosion or siltation in certain ports
   105B.   Liability of owners and masters of vessels for damage to certain property
   105C.   Obstructions and encroachments in waters
   106.    Act binds Crown
   107.    (Repealed)
   108.    Service of documents
   109.    Recovery or waiver of money due
   110.    Regulations
           111, 112. (Repealed)
   113.    Savings, transitional and other provisions
   114.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           SCHEDULE 5


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