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 (Repealed)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 (Repealed)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 (Repealed)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