PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 59 Meaning of "site"

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 59

59 Meaning of "site"

(1) For the purposes of this Division, a
"site" is:

(a) an area designated by the Minister under this Division and defined on a map kept at the office of the relevant port authority, or

(b) in the case of a site at a private port--an area designated under this Division by the relevant port authority and defined on a map kept at the office of the relevant port authority.

(2) An area cannot be designated as a site unless it is owned or operated by, or leased to, a relevant port authority and it consists of:

(a) an area of water surrounding or adjacent to a wharf, buoy or dolphin, and

(b) in the case of a wharf or a dolphin--the whole or part of the area of the wharf or dolphin.

The designated site includes any stratum of the air space above, or of the land or water below, an area so designated.

(3) In this section,
"wharf" includes any land adjacent to it.

(4) For the purposes of this section, an area of water is deemed to be owned or operated by the relevant port authority if the bed of the water is owned or leased by the State or the Authority and:

(a) the area surrounds or is adjacent to a wharf, buoy or dolphin owned or operated by, or leased to, the relevant port authority, or

(b) the area is burdened by an easement that benefits an area of land owned or operated by, or leased to, the relevant port authority, or

(c) the area surrounds or is adjacent to an area referred to in paragraph (b), or

(d) the Minister approves of that area of water being included in a site operated by the relevant port authority.

(5) The relevant port authority is to keep at its office a copy of a map defining each site it owns, operates or leases.

(6) A map or a copy of a map referred to in this section may be inspected, without charge, by any person during business hours at the office at which it is kept.

(7) For the purposes of any legal proceedings, it is to be presumed (unless the contrary is established) that an area has been duly designated as a site under this Division if the area is defined as such on a map kept at the office of the Minister or (in the case of a site at a private port) at the office of the port operator of the private port.

(8) An area that, immediately before the repeal of the Marine Port Charges Act 1989 , was a site within the meaning of that Act and is owned or operated by a relevant port authority is (subject to this section) a site for the purposes of this Division.

(9) An area at a private port that was a site immediately before the substitution of this section by the Ports Assets (Authorised Transactions) Act 2012 is deemed to be a site for the purposes of this Division.

(10) An area at the private port of Port of Newcastle that was a site immediately before the commencement of this subsection (as inserted by the Ports Assets (Authorised Transactions) Amendment Act 2013 ) is deemed to be a site for the purposes of this Division.