PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 47 Definitions generally

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 47

47 Definitions generally

(1) In this Part:


"appropriate public agency" for a port means the Minister or a port corporation designated by the Minister by order in writing as the appropriate public agency for the port.


"buoy" means a floating apparatus (other than a vessel) that is in navigable waters and used for securing a vessel.


"cargo" includes any container or other item used to contain any substance or article.


"designated port" means (subject to subsection (3)) any of the following ports:

(a) Sydney Harbour,

(b) Botany Bay,

(c) Newcastle,

(d) Port Kembla,

(e) Yamba,

(f) Eden.

Note : On the enactment of this Act, the ports that are pilotage ports are the same as the ports that are designated ports.

"dolphin" means an apparatus or a structure (other than a wharf or buoy) that is permanently fixed to the bed of navigable waters and that is used for securing a vessel.


"relevant port authority" means:

(a) in relation to navigation service charges fixed under an operating licence issued to a Port Corporation--that Port Corporation, or

(a1) in relation to a navigation service charge for Port Kembla or Port of Newcastle--each of the port operator of the port and the appropriate public agency for the port, or

(b) in relation to any other navigation service charges--the Minister, or

(c) in relation to pilotage charges--the pilotage service provider (within the meaning of Part 6 of the Marine Safety Act 1998 ), or

(d) in relation to port cargo access charges--the Minister, or

(e) in relation to site occupation and wharfage charges for sites owned or operated by a Port Corporation--that Port Corporation, or

(e1) in relation to site occupation and wharfage charges for sites at a private port--each of the port operator of the port and the appropriate public agency for the port, or

(f) in relation to site occupation and wharfage charges for other sites or in relation to berthing charges--the Minister, or

(g) in relation to port infrastructure charges for a private port--each of the port operator of the port and the appropriate public agency for the port, or

(h) in relation to port infrastructure charges for any other port--the appropriate public agency for the port.

"site" means a site referred to in section 59.


"stevedoring" means the loading or unloading of the cargo of a vessel and incidental activities such as the handling or storage of cargo or stevedoring equipment at the place at which the cargo is loaded or unloaded.

(2) A reference in this Part to anything owned or operated by the Minister includes a reference to anything owned or operated by the Authority.

(2A) If the relevant port authority in relation to a charge is each of the port operator of a private port and the appropriate public agency for the port, the port charge can be fixed and collected by either or both of the port operator and the appropriate public agency.

(3) The regulations may provide that any other port is a designated port for the purposes of this Part or that a port is no longer such a designated port.