PORTS MANAGEMENT ACT 2015 (NO 11 OF 2015)
Table of Provisions
PART 1--PRELIMINARY MATTERS
PART 2--PORTS AND PORT OPERATORS
Division 1--Declaration of designated ports
Division 2--Appointment of port operators
- 8 Declaration of port operator
- 9 Agreements with port operators or port lessees
- 10 Port operating agreements
- 11 Revocation of declaration of port operator
Division 3--Functions of port operators
- 12 Functions of port operator
- 13 Dredging or other similar work
- 14 Hydrographic surveys
- 15 Power to require information to be given
- 16 Use or disclosure of information collected
- 17 Compliance with information direction
- 18 Record-keeping and reporting obligations of port operator
PART 3--REGIONAL HARBOURMASTERS
- 19 Appointment of regional harbourmaster
- 20 Functions of regional harbourmaster
- 21 Promulgation of depths and under keel clearances
PART 4--PORT OFFICERS
Division 1--Port management officers
Division 2--Port enforcement officers
Division 3--General provisions
PART 5--CONTROL AND MANAGEMENT OF DESIGNATED PORT
Division 1--Port safety plans
- 28 Nature of port safety plan
- 29 Annual p reparation of draft port safety plan
- 30 Direction to prepare new or amended port safety plan
- 31 Role of regional harbourmaster on receiving port safety plan
- 32 Guidelines
- 33 Obligations of port operator
- 34 Compliance audit
- 35 Requirement for compliance audit to be conducted
- 36 Reporting
Division 2--Direction and control of vessels
- 37 Exercise of powers under this Division
- 38 Directions by port operator
- 39 Removal etc. of vessel by port operator
- 40 Power to board vessel
Division 3--Clearance of wrecks
- 41 Port operator's directions: wrecks likely to cause damage etc. to commercial vessels
- 42 Regional harbourmaster's directions: wrecks likely to cause damage etc. to non-commercial vessels
- 43 Removal of vessel that threatens commercial shipping
- 44 Removal of vessel in other cases
Division 4--Dangerous goods
- 45 Advance notification of entry of vessels
- 46 Requirements relating to v essel carrying dangerous goods
- 47 Handling and transport of dangerous goods
- 48 Forfeiture of dangerous goods
- 49 Application of Dangerous Goods Act
Division 5--Closed waters
- 50 Power of port operator to close waters
- 51 Power of regional harbourmaster to close waters
- 52 Removal etc. of vessel for failure to comply with direction
Division 6--Erection of structures
- 53 Erection of structures
PART 6--STEVEDORE LICENCES
- 54 Application for grant or renewal of licence
- 55 Suspension or cancellation of licence
- 56 Penalty for carrying on business etc. while unlicensed
PART 7--PORT NOTICES
- 57 Port operator may issue port notice
- 58 How port notice may be issued
- 59 Enforcement of port notice
- 60 Advance notice of proposed work
- 61 Power of entry
- 62 Monitoring of port notices
PART 8--PILOTAGE
Division 1--Preliminary matters
Division 2--Pilotage areas and authorities
Division 3--Pilotage generallyNote for Division
- 68 Compulsory pilotage
- 69 Special pilotage requirements
- 70 Failure to take pilot on board
- 71 Procedure on entering compulsory pilotage area
- 72 Duty of licensed pilot
- 73 Pilotage not required in certain cases
- 74 Owner's liability
Division 4--Pilotage licences and pilotage exemption certificates
- 75 Application for pilotage licence or exemption certificate
- 76 Issue and renewal of pilotage licence or exemption certificate
- 77 Form of pilotage licence and exemption certificate
- 78 Suspension or cancellation
- 79 Production of pilotage licence
- 80 Person other than licensed pilot not to pilot vessel
- 81 Misconduct by licensed pilot
- 82 Inquiry into misconduct by licensed pilot
- 83 Conduct of inquiry
- 84 Reviews of decisions under this Division
Division 5--Pilotage services providers
- 85 Minister may appoint pilotage services provider
- 86 Pilotage services contracts
- 87 Record-keeping and reporting obligations
- 88 Offences
- 89 Termination and suspension, and variation of conditions, of appointment
- 90 Regulations may provide for other matters about appointment
Division 6--General matters
- 91 Master responsible for vessel
- 92 Protection of licensed pilot, pilotage authority and pilotage services provider
PART 9--MARINE NAVIGATIONAL AIDS
Division 1--Preliminary matters
Division 2--Aids
- 95 Establishment etc. of aids by port operator
- 96 Establishment etc. of private aids
- 97 Control of aids, lamps and lights
- 98 Inspection of aids
- 99 Entry on land
- 100 Mooring at aids
- 101 Obligation in relation to defective or damaged aids
- 102 Offences in relation to aids
- 103 Notification of damage
- 104 Costs of rectification
- 105 Immunity from certain proceedings
PART 10--PORT CHARGES
Division 1--Preliminary matters
Division 2--Fixing of charges
Division 3--General matters
- 110 Agreements in relation to charges
- 111 Payment and collection of charges
- 112 Interest on overdue payments
- 113 Security for payment of charges
- 114 Failure to comply with charging entity's requirements
- 115 Liability of current owners and agents
- 116 Waiver or refund of charges
PART 11--PORT ACCESS AND PRICING
Division 1--Preliminary matters
- 117 Object of Part
- 118 Application of Part
- 119 Application of Utilities Commission Act
- 120 Reports and statements by Regulator
- 121 Annual report to Minister on material non-compliance
- 122 Regulations
- 123 Review of Part
Division 2--Access regulation
- 124 Preventing or hindering access
- 125 Unfairly differentiating
- 126 Enforcement of obligations
- 127 Access policy
- 128 Guidelines
- 129 Content required by Minister
- 130 Reporting
- 131 Information required by Regulator
Division 3--Price determinations
- 132 Determinations by Regulator
- 133 Access and pricing principles
- 134 Regulations
- 135 Relationship with Utilities Commission Act
Division 4--General matters
PART 12--STEP-IN RIGHTS
- 138 Definition
- 139 Nature of step-in rights
- 140 When step-in rights may be exercised
- 141 Port operator must comply with direction
- 142 Protection for port operator
- 143 Port operator liable for costs
- 144 Failure to comply with requirement
PART 13--MISCELLANEOUS MATTERS
Division 1--Jurisdiction of Tribunal
- 145 Reviewable decisions
Division 2--Liability
Division 3--Land within designated port
- 149 Exemption from local government rates etc.
Division 4--Offences
Division 5--Darwin Marine Supply Base
- 153 Port operator may not perform certain functions
Division 6--Forms
- 154 Approved forms
Division 7--Regulations
- 155 Regulations
- 156 Amendment of Act by regulation
PART 14--REPEALS AND TRANSITIONAL MATTERS
Division 1--Repeals
- 157 Repeals
Division 2--Transitional matters for Ports Management Act 2015
- 158 Definition
- 159 Port safety plan for Port of Darwin
- 160 Stevedore licences
- 161 Monitoring of port notices for Port of Darwin
- 162 Pilotage
- 163 Technical and safety standards for Port of Darwin
PART 15--CONSEQUENTIAL AMENDMENTS
Division 1--Amendments relating to powers of Darwin Port Corporation and port safety plan
Division 2--Other amendments
Subdivision 1--Darwin Port Corporation Act- 167 Act amended
- 168 Long title amended
- 169 Section 5 amended
- 170 Section 16 replaced
- 171 Section 17 amended
- 172 Sections 17A and 20A, Part 2, Division 4, Part 2A, Part 3, Divisions 1 and 2, sections 42, 43A and 46 to 49 and Parts 6 and 7 repealed Subdivision 2--Marine Act
- 173 Act amended
- 174 Section 7 amended
- 175 Part 2, Division 2 and section 20 repealed
- 176 Section 102 amended
- 177 Section 105 amended
- 178 Section 106 replaced
- 179 Section 107 amended
- 180 Section 115D amended
- 181 Section 118 amended
- 182 Section 119 replaced
- 183 Section 122 amended
- 184 Section 144A inserted
- 185 Part 7 repealed
- 186 Section 188A amended
- 187 Section 188B amended
- 188 Section 194 amended
- 189 Section 196 amended
- 190 Section 202 amended
- 191 Section 206 replaced
- 192 Section 208 amended
- 193 Section 209 repealed
- 194 Section 211A inserted
- 195 Part 10 heading replaced
- 196 Part 10, Division 2 inserted
Division 3--Expiry of Part
- 197 Expiry of Part