Northern Territory Consolidated Acts

DARWIN PORT CORPORATION ACT - SECT 48

(1) The Port Corporation may make by-laws, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed by by-laws or are necessary or convenient to be so prescribed, for the control, regulation and management of the Port and in particular for providing for or in relation to -

(a) the control, supervision and instruction of employees of, and the control of property vested in or belonging to, the Port Corporation;

(b) the security and facility of navigation in the Port;

(c) the regulation, control and supervision of loading and unloading and of the use of machinery, equipment and appliances in loading and unloading and of the storage, and handling of goods and cargo, in the Port;

(d) the mode of leasing and licensing under this Act;

(e) the construction of wharves, docks, piers, jetties or embankments and of sheds, landing stages, slips, platforms, railways, tramways or hoisting sheers and engines;

(f) the dredging, cleansing and scouring and the improvement of the bed and channel of the Port and the abating and removing of wrecks and impediments, obstructions and nuisances to navigation in the Port;

(g) the supply and removal of ballast and water for shipping;

(h) the improvement and management of facilities in the Port;

(ha) the control, regulation, management and conduct of recreational, tourist and commercial activities and the use of facilities in the Port for those purposes;

(j) [Omitted]

(k) prescribing substances for the purposes of section 17(2)(g) and the charges which may be imposed in respect of those substances;

(m) carrying out and performing the functions and responsibilities of a pilotage authority;

(n) the regulation and management of vessels, except where provided by the Marine Act , but including the anchoring, mooring and fastening and shifting;

(p) the regulation and control of the use of lights and fire on board vessels within the Port;

(q) the appointing of places for the loading or unloading and the manner of loading or unloading, handling and storage of dangerous goods;

(r) the licensing of persons to establish and operate as, or carry on the business of, stevedores;

(s) [Omitted]

(t) the sorting, stacking, storage or delivery of cargo;

(u) the prevention of pollution;

(w) the procedure and the manner in which tenders are to be invited and contracts made;

(y) the regulation (including the prohibition), management and control of vehicular traffic and pedestrians;

(z) the erection and form of traffic signs;

(za) the manner in which the length or tonnage of a vessel may be ascertained;

(zb) the regulation and control of the conduct and behaviour of persons within the Port and the conditions upon which persons may be admitted to or excluded from any part of the Port;

(zc) the payment and recovery of fees, rates, dues, rentals or charges imposed by this Act; and

(zd) the imposition of a penalty for a contravention of or failure to comply with the By-laws not exceeding -

(2) Where there is an inconsistency between a by-law made under this section, or continued under section 50(1) to apply, and a provision of or under the Dangerous Goods Act , the provision of or under the Dangerous Goods Act shall, to the extent of the inconsistency, cease to apply.

(3) The By-laws may incorporate or adopt by reference the provisions of a document, standard, rule, specification or method formulated, issued, prescribed or published by an authority or a body -

(a) in whole or in part, or as amended by the By-laws;

(b) as formulated, issued, prescribed or published at the time the
By-laws are made or at any time before then; or

(c) as amended after the making of the By-laws, but only where the Minister has published in the Gazette a notice that the particular amendment is to be incorporated in the By-laws.