South Australian Consolidated Acts South Australian Consolidated Acts (1) A "port operating
agreement" is an agreement providing for the control and management of the
port to which the agreement relates by the
person (the "port operator") to whom the control and management of the port is
assigned under the agreement.
(2) A
port operating agreement—
(a) must
require the port operator to have appropriate resources (including appropriate
contingency plans and trained staff and equipment to carry the plans into
action) to deal with emergencies; and
(b) must
require the port operator—
(i)
to maintain the waters of the port to a specified
navigable standard; and
(ii)
to provide or maintain (or provide and maintain)
navigational aids; and
(iii)
to direct and control vessel movement in port waters; and
(c) may
require the port operator to enter into and maintain in operation an agreement
with the Royal Australian Navy about access to the port and port facilities by
naval vessels; and
(d) may
require the port operator to provide access to the port and port facilities
for commercial fishing vessels on specified terms and conditions; and
(e) may
require the port operator to maintain and make available navigational charts
and other information relating to the port; and
(f) may
regulate the performance of statutory powers by the port operator; and
(g) may
provide for the payment of an annual fee to the Minister (fixed by the
Minister having regard to the cost of providing government supervision of the
activities conducted under the agreement); and
(h) may
deal with any other matter relevant to the control and management of the port.