PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 10B Regulations to promote competition and productivity at ports

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 10B

10B Regulations to promote competition and productivity at ports

(1) The regulations may make provision for or with respect to any of the matters set out in Schedule 4 in connection with the operation or provision of land-based port facilities and services and the facilities and services of the port-related supply chain, in relation to the operation of the following ports:

(a) Sydney Harbour,

(b) Botany Bay,

(c) Newcastle,

(d) Port Kembla.

(1A) The object of this section is to promote the economically efficient operation of, use of and investment in land-based port facilities and port-related supply chain facilities.

(2) This section does not authorise the making of regulations with respect to the operation of any railway outside a port or supply chain facility.

(2A) A regulation may not be made under this section unless the Minister has certified that the Minister is satisfied that:

(a) the regulation will promote the object of this section, and

(b) the regulation will not operate to constrain or otherwise regulate the exercise of the port operator functions of the port operator of a private port.

(2B) The
"port operator functions" of the port operator of a private port are:

(a) the fixing and collection of port charges under Part 5, and

(b) the fixing and collection of charges (for example, rent) under a lease or licence, and

(c) any other function of the port operator as the lessor or licensor under a lease or licence.

(3) A regulation under this section may create an offence punishable by a penalty not exceeding 500 penalty units.