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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Channel Deepening (Facilitation) Act 2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Construction of Act 2
5. The project 3
6. Binding the Crown 3
PART 2--FUNCTIONS, POWERS AND OTHER PROVISIONS
RELATING TO THE PROJECT 4
Division 1--Functions and Powers of the Port of Melbourne
Corporation 4
7. Functions of the Port of Melbourne Corporation relating to the
project 4
8. Powers of the Port of Melbourne Corporation relating to the
project 4
Division 2--Restriction of Access to Certain Areas 5
9. Declaration of designated access areas 5
10. Orders to be tabled in Parliament 6
11. Amendment and revocation of Orders 6
12. Information about designated access areas 6
13. Powers of entry into designated access areas 7
14. Certificates of authorisation 7
15. Port of Melbourne Corporation may warn people to leave
designated access area 8
16. Offence to enter any part of designated access area 8
17. Evidence as to area being designated 9
18. Interference with activities 9
19. Offence not to produce certificate on demand 9
20. Power to remove offenders 10
Division 3--Surrender of Interests in Unreserved Crown Land 11
21. Surrender of interests in unreserved Crown land 11
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Clause Page
Division 4--Works Relating to Infrastructure 13
22. Works declaration 13
Victorian Legislation and Parliamentary Documents
23. Functions and powers of Port of Melbourne Corporation in
relation to a works declaration 14
24. Immunity from liability 15
25. Cost of works 16
Division 5--General 16
26. Certain decisions not reviewable 16
27. Agreements with infrastructure owners 17
28. Supreme Court--limitation of jurisdiction 18
29. Regulations 18
PART 3--EXPIRY OF ACT 19
30. Expiry of Act 19
PART 4--AMENDMENTS TO THE PORT SERVICES ACT 1995 20
31. Definitions 20
32. Repeal of certain prescribed services 20
33. Towage determinations 20
34. Disputes procedure 20
35. Substitution of Part heading 20
36. Insertion of new section 74 21
74. Wharfage fees 21
37. Substitution of section 75 22
75. Channel fees 22
38. Amendment of reference to charge in section 78 23
39. Amendment of reference to charge in section 79 24
40. Amendment of reference to charge in section 80 24
41. Amendment of reference to charge in section 81 24
42. Amendment of reference to charge in section 82 25
ENDNOTES 26
INDEX 27
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PARLIAMENT OF VICTORIA
Victorian Legislation and Parliamentary Documents
A BILL
to make provision for the carrying out of the deepening of channels
providing shipping access to the port of Melbourne, to amend the Port
Services Act 1995 and for related purposes.
Channel Deepening (Facilitation) Act
2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) make provision for the carrying out of the
5 deepening of channels providing shipping
access to the port of Melbourne; and
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Channel Deepening (Facilitation) Act 2004
Act No.
Part 1--Preliminary
s. 2
(b) amend the Port Services Act 1995; and
(c) make other related provisions.
Victorian Legislation and Parliamentary Documents
2. Commencement
(1) Sections 1, 30 and this section come into
5 operation on the day after the day on which this
Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
3. Definitions
10 (1) In this Act--
"Central Plan Office" means the Central Plan
Office of the Department of Sustainability
and Environment;
"designated access area" means an area declared
15 under section 9 to be a designated access
area;
"infrastructure owner" means a person or body
(other than the Crown) that owns
infrastructure that is used in the provision of
20 services in the nature of sewerage, oil, gas,
electricity or other similar services;
"land" includes a stratum of land;
"works declaration" means a declaration under
section 22(1).
25 (2) Unless inconsistent with the context or subject
matter, words and expressions defined in the Port
Services Act 1995 have the same meaning in this
Act as in that Act.
4. Construction of Act
30 This Act must be read and construed as one with
the Port Services Act 1995.
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5. The project
In this Act a reference to the project is a reference
Victorian Legislation and Parliamentary Documents
to the project for the deepening of channels
providing shipping access to the port of
5 Melbourne.
6. Binding the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
__________________
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Part 2--Functions, Powers and other Provisions Relating to the Project
s. 7
PART 2--FUNCTIONS, POWERS AND OTHER PROVISIONS
RELATING TO THE PROJECT
Victorian Legislation and Parliamentary Documents
Division 1--Functions and Powers of the Port of Melbourne
Corporation
5 7. Functions of the Port of Melbourne Corporation
relating to the project
(1) In addition to the functions of the Port of
Melbourne Corporation that are specified in the
Port Services Act 1995 or in any other Act, the
10 Port of Melbourne Corporation has the function of
planning for, providing for or enabling provision
for, managing, directing, controlling and carrying
out the project.
(2) In performing its functions under this Act, the Port
15 of Melbourne Corporation must take all
reasonable steps to ensure that the project is
completed in a timely manner.
8. Powers of the Port of Melbourne Corporation
relating to the project
20 (1) In addition to the powers of the Port of Melbourne
Corporation that are specified in the Port Services
Act 1995 or in any other Act, the Port of
Melbourne Corporation may do anything
necessary or convenient for or in connection with,
25 or incidental to, the performance of its functions
under this Act.
(2) Without limiting sub-section (1) and despite
anything to the contrary in the Land Act 1958,
the Port of Melbourne Corporation may--
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(a) place or dispose of dredged spoil resulting
from the project; and
Victorian Legislation and Parliamentary Documents
(b) undertake any works necessary to place or
dispose of dredged spoil resulting from the
5 project--
in port of Melbourne waters.
(3) Before exercising a power under sub-section (2),
the Port of Melbourne Corporation must consult
with the Minister administering section 12 of the
10 Land Act 1958.
Division 2--Restriction of Access to Certain Areas
9. Declaration of designated access areas
(1) Subject to sub-section (2), the Minister, on the
recommendation of the Port of Melbourne
15 Corporation, may, by Order published in the
Government Gazette, declare (whether by
reference to a map or otherwise) the whole or any
part of the port of Melbourne waters or of the
relevant port of Melbourne land to be a designated
20 access area for the purposes of this Act.
(2) If a proposed designated access area or any part of
a proposed designated access area is land which is
reserved or deemed to be reserved under the
Crown Land (Reserves) Act 1978, the Minister
25 must consult with the Minister administering the
Crown Land (Reserves) Act 1978 before making
a designated access area Order in respect of that
land.
5
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(3) In this section, "relevant port of Melbourne
land" means land that is in the municipal district
of the Melbourne City Council, Maribyrnong City
Victorian Legislation and Parliamentary Documents
Council, Hobsons Bay City Council or Port
5 Phillip City Council or any land in Port Phillip
Bay adjoining one or more of those municipal
districts, being land an interest in which (being an
interest that is in the nature of a freehold or
leasehold interest) is held by the Port of
10 Melbourne Corporation.
10. Orders to be tabled in Parliament
The Minister must cause an Order made under this
Division to be laid before each House of
Parliament within 7 sitting days of that House
15 after the Order is published in the Government
Gazette.
11. Amendment and revocation of Orders
(1) The Minister, by Order published in the
Government Gazette, may amend or revoke an
20 Order made under this Division.
(2) This Division applies to the amendment or
revocation of an Order made under this Division
in the same way as it does to the making of an
Order.
25 12. Information about designated access areas
If an Order has been made under section 9
declaring a designated access area, the Port of
Melbourne Corporation must publish the Order--
(a) in a newspaper circulating generally
30 throughout Victoria; and
(b) in a manner that makes it readily accessible
to a person likely to enter that area.
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13. Powers of entry into designated access areas
The Port of Melbourne Corporation may
Victorian Legislation and Parliamentary Documents
authorise--
(a) any of its officers, employees or contractors;
5 or
(b) any workers, vehicles, vessels or equipment
that the Port of Melbourne Corporation or
any officer, employee or contractor of the
Port of Melbourne Corporation deems
10 necessary--
to enter and remain on any part of a designated
access area for the purposes of the project.
14. Certificates of authorisation
(1) The Port of Melbourne Corporation may issue a
15 certificate in writing authorising the holder to
enter and remain on any part of a designated
access area to any of the following--
(a) an employee of the Crown or any public
authority;
20 (b) any other person requiring entry to the area
for the purposes of the project.
(2) A certificate under sub-section (1)--
(a) is issued for the period specified in the
certificate; and
25 (b) is subject to the conditions specified in the
certificate; and
(c) may be amended or revoked at any time by
the Port of Melbourne Corporation.
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15. Port of Melbourne Corporation may warn people to
leave designated access area
Victorian Legislation and Parliamentary Documents
(1) The Port of Melbourne Corporation may warn any
person to leave any part of a designated access
5 area.
(2) For the purposes of section 9(1) of the Summary
Offences Act 1966, the Port of Melbourne
Corporation is deemed to be the occupier of the
land concerned in exercising a power under sub-
10 section (1).
16. Offence to enter any part of designated access area
(1) A person must not enter into or remain in any part
of a designated access area unless the person--
(a) is authorised to do so under section 13; or
15 (b) has a certificate of authorisation issued under
section 14; or
(c) is a member of the police force; or
(d) is--
(i) an employee in the public service
20 within the meaning of the Public
Administration Act 2004; or
(ii) an officer or employee of a public
body--
acting in the performance of his or her duties
25 under this Act.
Penalty: 10 penalty units.
(2) It is a defence to a charge brought under sub-
section (1) against a person to prove that the
person has a reasonable excuse for entering into or
30 remaining in the area.
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17. Evidence as to area being designated
In any proceedings under this Act, a certificate,
Victorian Legislation and Parliamentary Documents
signed by the Port of Melbourne Corporation,
certifying that an area is or has been a designated
5 access area is evidence of the facts stated in the
certificate.
18. Interference with activities
(1) A person must not in any way intentionally--
(a) interfere with or hinder; or
10 (b) cause any other person to interfere with or
hinder--
the carrying out of any works in a designated
access area for the purposes of the project.
Penalty: 10 penalty units.
15 (2) A person must not in any way intentionally--
(a) interfere with or hinder; or
(b) cause any other person to interfere with or
hinder--
the entry into a designated access area by a person
20 authorised under section 13 or section 14 to do so.
Penalty: 10 penalty units.
19. Offence not to produce certificate on demand
A person who is in a designated access area, when
asked to do so by a member of the police force,
25 must--
(a) produce a certificate of authorisation issued
under section 14; or
(b) give his or her name and address.
Penalty: 5 penalty units.
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20. Power to remove offenders
(1) If a member of the police force believes, on
Victorian Legislation and Parliamentary Documents
reasonable grounds, that--
(a) an assembly is being carried on in any part of
5 a designated access area; and
(b) the assembly is being carried on in a manner
involving unlawful physical violence to
persons or unlawful damage to property; and
(c) because of the number of persons involved in
10 the assembly, it is not practicable to preserve
or restore public order by arresting a person
or persons involved in the assembly who is,
or who are, committing an offence involving
unlawful physical violence to persons or
15 unlawful damage to property--
the member of the police force may remove that
person or those persons from the designated
access area.
(2) A member of the police force may, in order to
20 remove a person from a designated access area,
use such force as is reasonable in the
circumstances.
(3) Nothing in this section limits any powers of arrest
that a member of the police force has under any
25 other law.
(4) Any action taken under this section does not
prevent the institution of proceedings in respect of
an offence.
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Division 3--Surrender of Interests in Unreserved Crown
Land
Victorian Legislation and Parliamentary Documents
21. Surrender of interests in unreserved Crown land
(1) The Minister, after consulting with the Minister
5 administering section 12 of the Land Act 1958,
may recommend to the Governor in Council
that--
(a) the interests (if any) in any unreserved
Crown land; and
10 (b) the prescribed contractual rights (if any)
relating to any unreserved Crown land--
that is part of the area of land shown bordered red
on plans numbered LEGL./04488 and
LEGL./04489 and lodged in the Central Plan
15 Office be surrendered to the Crown or
extinguished.
(2) The Minister may make a recommendation under
sub-section (1) on--
(a) receiving a plan of the land signed by the
20 Surveyor-General; and
(b) being satisfied that the land shown on the
plan represents the land--
(i) the interests (if any) in which are to be
surrendered to the Crown; and
25 (ii) in relation to which the prescribed
contractual rights (if any) are to be
extinguished.
(3) On receiving the Minister's recommendation, the
Governor in Council may, by Order published in
30 the Government Gazette, declare that--
(a) the interests (if any) in the land shown on the
plan are surrendered to the Crown; and
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(b) the prescribed contractual rights (if any)
relating to the land shown on the plan are
extinguished.
Victorian Legislation and Parliamentary Documents
(4) On the publication of an Order under sub-
5 section (3) in the Government Gazette--
(a) the land is deemed to be unalienated land of
the Crown, freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests; and
10 (b) all prescribed contractual rights (if any)
relating to the land are extinguished; and
(c) if any part of the land is the bed, soil and
banks of a river or is seabed, all rights,
easements and privileges existing or claimed
15 in that part of the land either in the public or
by any body or person as incident to any
express or implied grant or past dedication or
supposed dedication or by user or operation
of law or otherwise, cease.
20 (5) In this section--
"prescribed contractual right" means a right
(other than an interest in land) created under
an agreement in writing entered into between
the Crown or another public body and
25 another person (not being the Crown);
"unreserved Crown land" means Crown land
that is not reserved under the Crown Land
(Reserves) Act 1978.
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Division 4--Works Relating to Infrastructure
22. Works declaration
Victorian Legislation and Parliamentary Documents
(1) If the Minister is satisfied that--
(a) there is, in the area of land shown bordered
5 red on plans numbered LEGL./04488 and
LEGL./04489 and lodged in the Central
Plan Office, substantial infrastructure owned
by an infrastructure owner; and
(b) for the purposes of the project it is necessary
10 that substantial works be carried out on that
land in respect of that infrastructure; and
(c) the infrastructure owner is unable to agree
with the Port of Melbourne Corporation on
the carrying out of the necessary works; and
15 (d) the Port of Melbourne Corporation has
undertaken reasonable negotiations with the
infrastructure owner to reach agreement on
the carrying out of the necessary works--
the Minister may make a declaration specifying
20 that the works are to be carried out.
(2) For the purposes of any declaration made under
sub-section (1), the Port of Melbourne
Corporation is the person responsible for ensuring
that the works are carried out.
25 (3) A declaration under sub-section (1) must
specify--
(a) the nature of the works that are to be carried
out; and
(b) the land in which the works are to be carried
30 out; and
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(c) the nature of the infrastructure in respect of
which the works are to be carried out; and
Victorian Legislation and Parliamentary Documents
(d) the reason for which the declaration has been
made.
5 (4) A declaration under sub-section (1)--
(a) must be in writing; and
(b) must be served on the person or body with
whom agreement has not been reached
within 14 days after the day on which the
10 Minister makes the declaration.
(5) A declaration under sub-section (1) may be
revoked or amended by the Minister.
23. Functions and powers of Port of Melbourne
Corporation in relation to a works declaration
15 (1) If a works declaration has been made, the Port of
Melbourne Corporation, for the purposes of
carrying out the works specified in the
declaration, has--
(a) the same functions, powers and duties as the
20 infrastructure owner would have if that
person or body were carrying out the works;
and
(b) all other functions and powers that are
necessary to enable the works to be carried
25 out.
(2) Without limiting sub-section (1), the Port of
Melbourne Corporation may enter into a contract
for the carrying out by another person or body of
the whole or any part of the works.
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24. Immunity from liability
(1) A director of the Port of Melbourne Corporation is
Victorian Legislation and Parliamentary Documents
not liable for anything done or omitted to be done
in good faith--
5 (a) in the exercise of a power or the discharge of
a duty under a works declaration; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under a works
10 declaration.
(2) Any liability resulting from an act or omission
that would, but for sub-section (1), attach to a
director of the Port of Melbourne Corporation
attaches to the Corporation.
15 (3) A person who is an officer or employee of the
Port of Melbourne Corporation is not liable for
anything done or omitted to be done in good
faith--
(a) in the exercise of a power or the discharge of
20 a duty under a works declaration; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under a works
declaration.
25 (4) Any liability resulting from an act or omission
that would, but for sub-section (3), attach to a
person who is an officer or employee of the Port
of Melbourne Corporation attaches to the
Corporation.
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25. Cost of works
(1) The Port of Melbourne Corporation must bear the
Victorian Legislation and Parliamentary Documents
cost of carrying out any works under a works
declaration.
5 (2) Despite sub-section (1), if the works carried out
under a works declaration are--
(a) of a higher standard than; or
(b) extend the life of--
the works that have been replaced, the value
10 attributable to the higher standard or extended life
is payable by the person or body on whom the
declaration was served under section 22(4) to the
Port of Melbourne Corporation as a debt due to
the Corporation.
15 (3) Despite sub-section (1), if the person or body on
whom a works declaration has been served under
section 22(4) has not disclosed any information to
the Port of Melbourne Corporation that is
necessary to enable the works to be carried out,
20 the person or body is responsible for any costs
arising from the failure to disclose that
information and any such costs are recoverable as
a debt due to the Corporation.
Division 5--General
25 26. Certain decisions not reviewable
(1) Each of the following decisions is final and
binding--
(a) a decision of the Minister to make a
declaration under section 9;
30 (b) a decision of the Minister under section
22(1) in relation to a works declaration;
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(c) a decision under section 40 of the Coastal
Management Act 1995, by the Minister
administering that section in relation to the
Victorian Legislation and Parliamentary Documents
project;
5 (d) a decision under section 97F of the Planning
and Environment Act 1987 by the Minister
administering that section in relation to the
project.
(2) An appeal may not be made to a court in respect
10 of any decision to which sub-section (1) applies.
(3) No proceedings--
(a) seeking the grant of any relief or remedy in
the nature of certiorari, prohibition,
mandamus or quo warranto, or the grant of a
15 declaration or an injunction; or
(b) seeking any order under the Administrative
Law Act 1978--
(whether on the ground of absence of jurisdiction
or any other ground) may be brought against a
20 Minister who has made a decision to which sub-
section (1) applies, in respect of that decision, or
any proceedings relating to that decision or any
other matter or thing incidental to the making of
that decision.
25 27. Agreements with infrastructure owners
(1) The Minister administering section 12 of the
Land Act 1958 may enter into an agreement, on
any terms and conditions that that Minister thinks
fit, with a person who is an infrastructure owner--
30 (a) to manage and control; or
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(b) to carry out duties, functions or powers
related to the purpose of the infrastructure
owner on--
Victorian Legislation and Parliamentary Documents
the land shown bordered in red on the plans
5 numbered LEGL./04488 and LEGL./04489 and
lodged in the Central Plan Office.
(2) An agreement under sub-section (1)--
(a) must be in writing; and
(b) may be amended from time to time or
10 terminated by further written agreement
between the parties.
28. Supreme Court--limitation of jurisdiction
It is the intention of section 26 to alter or vary
section 85 of the Constitution Act 1975.
15 29. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
20 Act.
__________________
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Channel Deepening (Facilitation) Act 2004
Act No.
Part 3--Expiry of Act
s. 30
PART 3--EXPIRY OF ACT
Victorian Legislation and Parliamentary Documents
30. Expiry of Act
This Act expires on 31 December 2010.
__________________
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Channel Deepening (Facilitation) Act 2004
Act No.
Part 4--Amendments to the Port Services Act 1995
s. 31
PART 4--AMENDMENTS TO THE PORT SERVICES
See:
Act No.
ACT 1995
Victorian Legislation and Parliamentary Documents
82/1995.
Reprint No. 4
as at
31. Definitions
15 July 2004
and
In section 3 of the Port Services Act 1995 insert
amending
5 the following definitions----
Act No.
75/2004.
' "channel fee" means a fee determined under
LawToday:
www.dms.
section 75;
dpc.vic.
gov.au
"wharfage fee" means a fee determined under
section 74;'.
10 32. Repeal of certain prescribed services
(1) In section 49(c)(iii) of the Port Services Act
1995, for "Hastings;" substitute "Hastings.".
(2) Section 49(c)(iv) of the Port Services Act 1995 is
repealed.
15 (3) Section 49(c)(v) of the Port Services Act 1995 is
repealed.
33. Towage determinations
Section 54(3) of the Port Services Act 1995 is
repealed.
20 34. Disputes procedure
In section 60(8)(b)(ii) of the Port Services Act
1995, for "the terms and conditions of access
being offered by the person seeking access"
substitute "the terms and conditions of access
25 being offered by the channel operator to the
person seeking access".
35. Substitution of Part heading
For the heading to Part 5 of the Port Services Act
1995 substitute--
"PART 5--WHARFAGE AND CHANNEL
30
FEES".
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Part 4--Amendments to the Port Services Act 1995
s. 36
36. Insertion of new section 74
For section 74 of the Port Services Act 1995
Victorian Legislation and Parliamentary Documents
substitute--
"74. Wharfage fees
5 (1) The Port of Melbourne Corporation, having
first obtained the approval of the Minister,
may from time to time determine fees that
may be charged by the Port of Melbourne
Corporation for the provision of sites in the
10 port of Melbourne at which stevedoring
operations are carried out.
(2) A fee determined under sub-section (1)--
(a) may be calculated by reference to the
quantity, volume, weight or value of
15 cargo loaded or unloaded at the site;
and
(b) may differ according to the nature of a
site, or class of sites, or a cargo or a
class of cargos or a vessel or a class of
20 vessels or according to any other factor.
(3) A fee determined under sub-section (1) that
is payable in respect of--
(a) cargo unloaded from a vessel, is liable
to be paid by the person who,
25 immediately after the cargo is
unloaded, is the owner of the cargo; and
(b) cargo loaded onto a vessel, is liable to
be paid by the person who, immediately
before the cargo is loaded onto the
30 vessel, is the owner of the cargo; and
(c) an empty container unloaded from a
vessel, or loaded onto a vessel is liable
to be paid by the person who is the
owner of the vessel.
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s. 37
(4) If the person who is liable to pay a fee under
sub-section (3) does not pay the fee, that
person and the person who, at the time
Victorian Legislation and Parliamentary Documents
payment of the fee is demanded by the Port
5 of Melbourne Corporation, is the owner of
the cargo or container (as the case requires),
are jointly and severally liable to pay the fee.
(5) Nothing in this section affects a fee payable
for wharfage in accordance with the terms of
10 a contract.".
37. Substitution of section 75
For section 75 of the Port Services Act 1995
substitute--
"75. Channel fees
15 (1) VRCA or a channel operator, having first
obtained the approval of the Minister, may,
from time to time, determine fees that may
be charged by the VRCA or channel operator
(as the case requires) for the provision of
20 channels for use by shipping in the port
waters of the VRCA or channel operator (as
the case requires) and for the provision of
any service related to the provision of that
service.
25 (2) A fee determined under sub-section (1)--
(a) may be calculated by reference to the
tonnage of a vessel or in any other
manner; and
(b) may differ according to the nature of
30 vessels or cargo; and
(c) may differ according to the length of
time vessels are in port waters of the
VRCA or channel operator (as the case
requires).
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Part 4--Amendments to the Port Services Act 1995
s. 38
(3) In relation to vessels to which the service has
been or is to be provided, a determination of
a fee under sub-section (1) must specify--
Victorian Legislation and Parliamentary Documents
(a) the person or persons who are liable to
5 pay the whole or any part of the fee,
being all or any of the following--
(i) the owner of any such vessel;
(ii) the person who, immediately after
cargo is unloaded from any such
10 vessel, is the owner of the cargo;
(iii) the person who, immediately
before cargo is loaded onto any
such vessel, is the owner of the
cargo; and
15 (b) if more than one person is so specified
in a determination, the part of the fee
that each person so specified is to bear.
(4) If the person who is liable to pay a fee under
sub-section (3)(a)(ii) or (iii) does not pay the
20 fee, that person and the person who, at the
time payment of the fee is demanded, is the
owner of the cargo are jointly and severally
liable to pay the fee.".
38. Amendment of reference to charge in section 78
25 (1) Insert the following heading to section 78 of the
Port Services Act 1995--
"Payment and collection of wharfage or
channel fee".
(2) In section 78(1) of the Port Services Act 1995,
30 for "wharfage charge or channel usage charge"
substitute "wharfage fee or channel fee".
(3) In section 78(2) of the Port Services Act 1995,
for "wharfage or channel usage charges"
substitute "wharfage or channel fees".
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Part 4--Amendments to the Port Services Act 1995
s. 39
(4) In section 78(3) of the Port Services Act 1995,
for "wharfage or channel usage charge" substitute
"wharfage fee or channel fee".
Victorian Legislation and Parliamentary Documents
(5) In section 78(4) of the Port Services Act 1995--
5 (a) for "wharfage charge or channel usage
charge" substitute "wharfage fee or channel
fee";
(b) for "the charge" substitute "the fee".
39. Amendment of reference to charge in section 79
10 (1) In section 79(1) of the Port Services Act 1995,
for "Wharfage charges and channel usage
charges" substitute "Wharfage and channel fees".
(2) In section 79(2) of the Port Services Act 1995,
for "charges" substitute "fees".
15 40. Amendment of reference to charge in section 80
(1) Insert the following heading to section 80 of the
Port Services Act 1995--
"Security for payment of wharfage and
channel fees".
20 (2) In section 80(1) of the Port Services Act 1995,
for "wharfage charges or channel usage charges"
substitute "wharfage fees or channel fees".
41. Amendment of reference to charge in section 81
(1) In section 81(1) of the Port Services Act 1995--
25 (a) for "channel usage charge" substitute
"channel fee";
(b) for "the charge" (wherever occurring)
substitute "the fee".
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Act No.
Part 4--Amendments to the Port Services Act 1995
s. 42
(2) In section 81(2) of the Port Services Act 1995,
for "channel usage charges" substitute "channel
fees".
Victorian Legislation and Parliamentary Documents
(3) In section 81(3) of the Port Services Act 1995,
5 for "unpaid charges" substitute "unpaid fees".
42. Amendment of reference to charge in section 82
(1) Insert the following heading to section 82 of the
Port Services Act 1995--
"Waiver or refund of wharfage and channel
10 fees".
(2) In section 82 of the Port Services Act 1995, for
"wharfage charge or channel usage charge"
substitute "wharfage fee or channel fee".
25
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Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
26
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Channel Deepening (Facilitation) Act 2004
Act No.
INDEX
Subject Section
Victorian Legislation and Parliamentary Documents
Act
amendments to Port Services Act 1995 3142
commencement 2
Crown bound by 6
expiry 30
purposes 1
relationship with Port Services Act 1995 4
3, 9, 21
Definitions
Designated access areas
declarations 912, 26
definition 3
evidence 17
interference with, hindrance of activities in 18
persons authorised to enter 1314, 19
relevant port of Melbourne land (def.) 9
removal of offenders from 20
reserved land 9
unauthorised entry 16
warnings to leave 15
8
Dredged spoil
17
Evidence
30
Expiry
Infrastructure owners
agreements with 27
definition 3
inability to agree on carrying out of works 22
liability for costs of works 25
Minister
powers regarding
Orders declaring designated access areas 911, 26
unreserved Crown land 21
works declarations 22, 26
16, 1820
Offences
16, 1920
Police
Port of Melbourne Corporation
functions, powers relating to
designated access areas 9, 1215
project 78
works under works declarations 2225
immunity of directors, officers, employees 24
Port Services Act 1995
amendments to 3142
relationship with this Act 4
Project
non-reviewable decisions in relation to 26
Port of Melbourne Corporation's functions, powers 78
references to 5
29
Regulations
27
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Channel Deepening (Facilitation) Act 2004
Act No.
Subject Section
Supreme Court
limitation jurisdiction 28
Victorian Legislation and Parliamentary Documents
21
Unreserved Crown land
Works
costs of 25
declarations 3, 22, 26
Port of Melbourne Corporation's functions, powers 2225
28
551207B.I1-8/12/2004 BILL LA INTRODUCTION 8/12/2004
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