PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 37 Directions to maintain or improve safety and security

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 37

37 Directions to maintain or improve safety and security

(1) The port operator of a private port may, for the purpose of maintaining or improving safety and security at the port, give directions (referred to in this Division as
"port operator directions" ) that regulate any of the following activities in the landside port precinct at the port:

(a) the driving, stopping and parking of vehicles,

(b) the movement, handling or storage of goods,

(c) any activity that may pose a risk to safety or security at the port.

(2) The power to regulate an activity includes the power to prohibit the activity.

(3) A port operator direction may be of general application or may be limited in its application to specified persons or a specified class of persons.

(4) In this section:


"landside port precinct" at a port means:

(a) land at the port that is not covered by water and that is the subject of a relevant port lease, and

(b) any wharf or other structure built at the port on or over land covered by water that is adjacent to land referred to in paragraph (a), and

(c) land leased to the port operator that is contiguous with land referred to in paragraph (a).

"relevant port lease" means:

(a) for Botany Bay--a lease to the port operator of land in the Cities of Botany Bay and Randwick that comprised ports assets under the Ports Assets (Authorised Transactions) Act 2012 before being leased to the private sector for the purposes of an authorised transaction under that Act, or

(b) for Port Kembla--a lease to the port operator of land at Port Kembla that comprised ports assets under the Ports Assets (Authorised Transactions) Act 2012 before being leased to the private sector for the purposes of an authorised transaction under that Act, or

(c) for Port of Newcastle--a lease to the port operator of land at Port of Newcastle that comprised ports assets under the Ports Assets (Authorised Transactions) Act 2012 before being leased to the private sector for the purposes of an authorised transaction under that Act.

(5) Land is
"contiguous" with other land if it adjoins the other land (or would adjoin the other land were it not separated from the other land by a road, rail corridor or easement) or it is in close proximity to the other land.

(6) A certificate issued by the Minister or by the port operator of a private port certifying that specified land is or is not part of the landside port precinct at a port is evidence of the matter certified.