PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 3 Definitions

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 3

3 Definitions

(1) In this Act:


"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.


"authorised officer" has the same meaning as in the Marine Safety Act 1998 .


"commercial vessel" has the same meaning as in the Marine Safety Act 1998 .


"exercise" a function includes perform a duty.


"foreign vessel" has the same meaning as in the Navigation Act 2012 of the Commonwealth.


"function" includes a power, authority or duty.


"harbour master" means a person appointed or acting as harbour master under the Marine Safety Act 1998 .


"lease" includes concurrent lease and any subletting (or concurrent subletting).


"liabilities" means any liabilities, debts and obligations (whether present or future and whether vested or contingent).


"marine legislation" means any of the following Acts (and the regulations and other instruments made under any of those Acts):

this Act

Marine Safety Act 1998

Marine Pollution Act 2012

Any other Act prescribed by the regulations.

"master" of a vessel means the person having the command or charge of the vessel, but does not include a pilot.


"MSB" means the Maritime Services Board constituted under Part 2 of the Marine Administration Act 1989 .


"MSB subsidiary" means:

(a) any MSB subsidiary ports authority (being the MSB Hunter Ports Authority, the MSB Illawarra Ports Authority or the MSB Sydney Ports Authority, constituted under Part 3 of the Marine Administration Act 1989 ), or

(b) the MSB Waterways Authority constituted under Part 3 of the Marine Administration Act 1989 .

"National law" has the same meaning as in the Marine Safety Act 1998 .


"navigable waters" means all waters (whether or not in the State) that are from time to time capable of navigation and are open to or used by the public for navigation, whether on payment of a fee or otherwise, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.


"navigation aid" means any device used for the safety of navigation (such as a beacon, buoy or marine mark), but does not include a device on board a vessel.


"operating licence" of a Port Corporation means an operating licence issued to the Port Corporation by the Minister under Division 3 of Part 2.


"owner" of a vessel or cargo--see section 48.


"pilot" of a vessel means the person who has the conduct of the vessel but who does not belong to the vessel.


"pilotage" and
"pilotage port" have the same meanings as in Part 6.


"port" includes any of following waters (or any part of those waters):

(a) any harbour or haven, whether natural or artificial,

(b) any estuary, channel, river, creek or roadstead,

(c) any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers.

"Port Authority of New South Wales" means the Newcastle Port Corporation established under this Act.


"port charge" means a charge imposed under Part 5.


"Port Corporation" means the Newcastle Port Corporation established under section 6 (known as the Port Authority of New South Wales).


"port operator" :

(a) of a private port means the person declared to be the port operator of the private port by the Minister by order in writing, or

(b) of any other port means the port corporation that manages and operates the port facilities and services of the port concerned.

"port-related supply chain" means land-based services and facilities provided or operated in connection with cargo transport, handling and storage operations (and the co-ordination of those operations) at a port or supply chain facility, or between a port and a supply chain facility.


"private port" --means the ports of Botany Bay, Newcastle and Port Kembla.


"recreational vessel" means a vessel other than a commercial vessel.


"regulated Australian vessel" has the same meaning as in the Navigation Act 2012 of the Commonwealth.


"rights" means all rights, powers, privileges and immunities (whether present or future or whether vested or contingent).


"subsidiary" , in relation to a Port Corporation, means a body corporate that would be a subsidiary (as determined by the Corporations Act 2001 of the Commonwealth) of the Port Corporation if the Port Corporation were a company.


"supply chain facility" means a public-access facility provided for the storage, handling and distribution of cargo in connection with its transport to or from a port, including facilities for the storage and handling of empty cargo containers and facilities for the staging and exchange of cargo between different modes of transport (such as an intermodal terminal).


"the Authority" means Roads and Maritime Services constituted under the Transport Administration Act 1988 .


"vessel" --see section 4.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes in the text of this Act do not form part of this Act.