PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 43E Directions to maintain or improve safety and security

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 43E

43E Directions to maintain or improve safety and security

(1) The regulations may make provision for or with respect to maintaining or improving safety and security at a port (other than a private port) or wharf owned by the Authority or the Port Authority of New South Wales, including any of the following activities in the landside precinct at the port or wharf:

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

(b) the conduct of any person or class of persons,

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

(2) Subject to the regulations, the Authority, Transport for NSW or the Port Authority of New South Wales may, for the purpose of maintaining or improving safety and security at a port (other than a private port) or wharf owned by the Authority or the Port Authority of New South Wales, give directions (referred to in this Part as
"safety directions" ) that regulate any of the following activities in the landside precinct at the port or wharf:

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

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

(c) the conduct of any person or class of persons,

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

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

(4) A safety direction may be of general application or may be limited in its application to specified persons or a specified class of persons.

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

(6) In this section:


"landside precinct" at a port or wharf means:

(a) land at the port or wharf that is not covered by water, or

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

(c) land leased to the Authority, Transport for NSW or the Port Authority of New South Wales that is contiguous with land referred to in paragraph (a).

(7) 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.