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PARLIAMENT OF VICTORIA
Marine (Amendment) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF THE MARINE ACT 1988 3
3. Definitions 3
4. Insertion of new section 10A 6
10A. Register does not provide evidence of title 6
5. Powers to inspect vessels 7
6. Boating activities 7
7. Omission of certificates of service 7
8. Substitution of sections 26A to 26H 8
26A. Requirement to engage harbour master 8
26B. Authorisation to act as a harbour master 9
26C. Functions of harbour masters 11
26D. Powers of harbour masters 12
26E Power of harbour masters to give written and oral
directions 12
26F. Specific provisions as to directions relating to the
entry and removal of vessels 14
26G. General provisions relating to harbour master
directions 15
26H. Amendment and revocation of directions 15
26HA. Harbour master may carry out direction 15
26HB. Offence to fail to comply with direction, or obstruct,
harbour master 16
26HC. Identity cards 17
26HD. Issue of harbour master licences 18
26HE. Imposition or variation of conditions on harbour master
licences 18
26HF. Requirement as to notification of licence conditions 18
9. Amendment to protection from liability provision 19
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Clause Page
10. Insertion of new Division in Part 8 19
Division 2--Appointment of Inspectors 19
72. Appointment of inspectors 19
73. Inspector's identity card 20
Victorian Legislation Parliamentary Documents
74. Production of identity card 20
75. Offence to impersonate an inspector 21
Division 2A--Compliance inspections 21
76. Definition 21
77. Powers to enter vessels without consent or warrant 21
11. Definition of inspector for the purposes of investigations under
Division 3 of Part 8 22
82. Definition 22
12. Power of Director to conduct investigation into alleged breach
of conditions of harbour master licence 22
13. Appeal against imposition of conditions on a licence to VCAT 23
14. Power to prosecute 24
15. Offence to act as a crew member without certificate of
competency 24
16. Insertion of new sections 99C to 99F 24
99C. Issue of certificates of competency by the Director 24
99D. Offence not to comply with conditions on certificate
of competency 25
99E. Issue of certificates of survey by the Director 25
99F. Offence not to comply with certificate of survey or
conditions on certificate of survey 25
17. Service of documents 26
18. Insertion of new regulation making powers 26
19. Insertion of new section 108A 27
108A. Fees for waterway managers 27
20. Insertion of new Part 10 28
PART 10--WATERWAY MANAGERS 28
111. Functions and powers of waterway managers 28
112. Delegation powers of waterway managers 29
21. Insertion of new Division 5 of Part 11 30
Division 5--Transitional Provisions--Marine (Amendment)
Act 2004 30
156. Saving of certain certificates of service 30
157. Saving of certain declarations of local authorities 30
158. Saving of harbour master appointments 31
159. Saving of harbour master's directions 31
22. Powers of the Director in Schedule 4 31
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Clause Page
23. Regulation making powers in Schedule 5 32
24. Safety standards for pilotage service providers 32
25. Further amendments to the Marine Act 1988 32
PART 3--AMENDMENT OF THE PORT SERVICES ACT 1995 33
Victorian Legislation Parliamentary Documents
26. Definitions 33
27. Alteration of cross-references 33
28. Repeal of certain sections relating to harbour masters 33
29. Amendment of protection from liability provision 33
91. Protection from liability 33
30. Insertion of new section 184 34
184. Provisions of Subordinate Legislation Act 1994 not to
apply to certain ports regulations 34
__________________
SCHEDULE--Further Amendments to the Marine Act 1988 36
ENDNOTES 38
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PARLIAMENT OF VICTORIA
Initiated in Assembly 2 March 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Marine Act 1988 and the Port Services Act 1995 and
for other purposes.
Marine (Amendment) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Marine Act 1988 to--
(i) make further provision in relation to the
5
management of certain waterways; and
(ii) make further provision in relation to
harbour masters; and
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Marine (Amendment) Act 2004
Act No.
Part 1--Preliminary
s. 2
(iii) make further provision for inspection
powers, certificates of competency,
certificates of survey, and regulation
making powers; and
Victorian Legislation Parliamentary Documents
(iv) make further provision in relation to
5
other matters; and
(b) to amend the Port Services Act 1995 to
make further provision in relation to the
making of statutory rules regulating certain
ports and to make various other amendments
10
to that Act.
2. Commencement
(1) Section 1, this section and section 30 come into
operation on the day after the day on which this
Act receives the Royal Assent.
15
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 2005, it
20
comes into operation on that day.
__________________
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Marine (Amendment) Act 2004
Act No.
Part 2--Amendment of the Marine Act 1988
s. 3
See:
PART 2--AMENDMENT OF THE MARINE ACT 1988
Act No.
52/1988.
3. Definitions Reprint No. 5
as at
Victorian Legislation Parliamentary Documents
(1) In section 3(1) of the Marine Act 1988-- 7 February
2002
(a) insert the following definitions-- and
amending
Act Nos
' "certificate of competency" means a
5 77/2001,
certificate issued by the Director under 11/2002,
46/2002,
section 99C; 85/2002 and
94/2003.
"certificate of survey" means a certificate LawToday:
issued by the Director under section www.dms.
dpc.vic.
99E;
10 gov.au
"harbour master licence" means a licence
issued by the Director under section
26HD;
"local port" has the same meaning as in the
Port Services Act 1995;
15
"local port manager" means, in relation to
a local port, the person or body
appointed under section 44A of the
Port Services Act 1995 as the port
manager of that port;
20
"member of the police force" has the same
meaning as "member of the force" has
in the Police Regulation Act 1958;
"port corporation" has the same meaning
as in the Port Services Act 1995;
25
"port management body" means--
(a) in relation to the port of
Melbourne, the Port of Melbourne
Corporation;
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Part 2--Amendment of the Marine Act 1988
s. 3
(b) in relation to--
(i) the waters declared under
section 5 of the Port
Services Act 1995 to be the
Victorian Legislation Parliamentary Documents
port of Geelong, the
5
Victorian Regional Channels
Authority, or, if there is an
agreement with a channel
operator in relation to those
waters, that channel
10
operator; and
(ii) the waters declared under
section 5 of the Port
Services Act 1995 to be the
port of Portland, the
15
Victorian Regional Channels
Authority, or, if there is an
agreement with a channel
operator in relation to those
waters, that channel
20
operator; and
(iii) the waters declared under
section 5 of the Port
Services Act 1995 to be the
port of Hastings, the
25
Victorian Regional Channels
Authority, or, if there is an
agreement with a channel
operator in relation to those
waters, that channel
30
operator;
"port of Melbourne" has the same meaning
as in the Port Services Act 1995;
"Port of Melbourne Corporation" has the
same meaning as in the Port Services
35
Act 1995;
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s. 3
"port of Melbourne waters" has the same
meaning as in the Port Services Act
1995;
"waterway manager" means--
Victorian Legislation Parliamentary Documents
(a) a person or body that has been
5
declared by an Order under sub-
section (3)(b) to be a waterway
manager; or
(b) the Director, in the case of any
waters which no other person or
10
body has responsibility for
managing.';
(b) for the definition of "harbour master"
substitute--
' "harbour master" includes any person
15
authorised under section 26B to
exercise any of the functions of the
harbour master, if the person so
authorised is acting in accordance with
the authorisation;';
20
(c) for the definition of "licensed harbour
master" substitute--
' "licensed harbour master" means a
person who is the holder of a harbour
master licence;';
25
(d) in the definition of "marine infringement"--
(i) in paragraph (b), for "regulations--"
substitute "regulations;";
(ii) after paragraph (b) insert--
"(c) any offence against regulations
30
made under the Port Services Act
1995 in relation to local ports--";
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s. 4
(e) in the definition of "pilot" omit ", and
(where appropriate) includes a pilot exempt
master";
(f) in the definition of "vessel"--
Victorian Legislation Parliamentary Documents
(i) in paragraph (b), after "water;" insert
5
"and";
(ii) at the end of the definition insert--
"(c) any aeroplane that is designed for
and capable of being waterborne,
for so long as that aeroplane is
10
waterborne;".
(2) For section 3(3)(b) of the Marine Act 1988
substitute--
"(b) declare a person, or a body established or
constituted by or under any Act for any
15
public purpose, to be the waterway manager
of the State waters specified in the Order;
or".
(3) After section 3(3) of the Marine Act 1988
insert--
20
"(3A) The Minster may, by Order published in the
Government Gazette, amend, vary or revoke
an Order made under sub-section (3)(b).".
4. Insertion of new section 10A
After section 10 of the Marine Act 1988 insert--
25
"10A. Register does not provide evidence of title
The register of recreational vessels
maintained by the Director under this Part
does not provide evidence of title to any
recreational vessel.".
30
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s. 5
5. Powers to inspect vessels
In section 13(1) of the Marine Act 1988--
(a) for paragraph (a) substitute--
Victorian Legislation Parliamentary Documents
"(a) an inspector appointed under section 72
for the purposes of this section;";
5
(b) for paragraph (d) substitute--
"(d) a person who is authorised in writing
by a port management body, a local
port manager or a waterway manager
for the purposes of this section.".
10
6. Boating activities
In section 16 of the Marine Act 1988--
(a) for ", the Director or, with respect to waters
under its control, a local authority,"
substitute
15
"--
(a) the Director in respect of any State
waters (including waters in respect of
which the Director is not the waterway
manager); or
20
(b) any other waterway manager, in respect
of waters under its control; or
(c) any port management body or local port
manager, in respect of waters under its
control--";
25
(b) for "or the regulations" substitute ", the
regulations or regulations made under the
Port Services Act 1995 that relate to local
ports and".
7. Omission of certificates of service
30
In section 26(2)(b) of the Marine Act 1988, omit
"or service".
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s. 8
8. Substitution of sections 26A to 26H
For sections 26A to 26H of the Marine Act 1988
substitute--
Victorian Legislation Parliamentary Documents
"26A. Requirement to engage harbour master
(1) The Port of Melbourne Corporation must
5
ensure that a licensed harbour master is at all
times engaged for the port of Melbourne
waters.
Penalty: 120 penalty units.
(2) The Victorian Regional Channels Authority
10
must ensure that a licensed harbour master is
at all times engaged for the waters declared
under section 5 of the Port Services Act
1995 to be the waters of the port of Geelong.
Penalty: 120 penalty units.
15
(3) The Victorian Regional Channels Authority
must ensure that a licensed harbour master is
at all times engaged for the waters declared
under section 5 of the Port Services Act
1995 to be the waters of the port of Portland.
20
Penalty: 120 penalty units.
(4) The Victorian Regional Channels Authority
must ensure that a licensed harbour master is
at all times engaged for the waters declared
under section 5 of the Port Services Act
25
1995 to be the waters of the port of Hastings.
Penalty: 120 penalty units.
(5) A local port manager must ensure that a
licensed harbour master is at all times
engaged for any part of the waters under the
30
control of that manager in respect of which
the Director has determined that a licensed
harbour master is required to be engaged.
Penalty: 60 penalty units.
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Part 2--Amendment of the Marine Act 1988
s. 8
(6) A waterway manager must ensure that a
licensed harbour master is at all times
engaged for any part of the waters under the
control of that manager in respect of which
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the Director has determined that a licensed
5
harbour master is required to be engaged.
Penalty: 60 penalty units.
(7) It is a defence to a charge under this section
for the person charged to prove that he, she
or it believed, after making reasonable
10
enquiries, that the person engaged as the
harbour master was licensed under this Act
to act as the harbour master for the waters in
respect of which he or she was engaged.
26B. Authorisation to act as a harbour master
15
(1) The Port of Melbourne Corporation may,
having first--
(a) consulted the harbour master engaged
for the port of Melbourne waters; and
(b) obtained the approval in writing of the
20
Director--
authorise, in writing, a person to act as an
assistant harbour master for the port of
Melbourne waters.
(2) The person or body who has engaged a
25
harbour master for the waters that have been
declared under section 5 of the Port Services
Act 1995 to be part of the--
(a) port of Geelong; or
(b) port of Portland; or
30
(c) port of Hastings--
may, having first--
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s. 8
(d) consulted the harbour master engaged
by that body; and
(e) obtained the approval in writing of the
Director--
Victorian Legislation Parliamentary Documents
authorise, in writing, a person to act as an
5
assistant harbour master for the waters that
have been so declared to be part of the port.
(3) A local port manager may authorise, in
writing, a person to act as an assistant
harbour master for any waters under the
10
control of the manager in respect of which
the manager has engaged a harbour master, if
the manager has first--
(a) consulted the harbour master so
engaged; and
15
(b) obtained the approval in writing of the
Director.
(4) A waterway manager may authorise, in
writing, a person to act as an assistant
harbour master for any waters under the
20
control of the manager in respect of which
the manager has engaged a harbour master, if
the manager has first--
(a) consulted the harbour master so
engaged; and
25
(b) obtained the approval in writing of the
Director.
(5) An authorisation under this section may be
general or may be limited to the exercise of
the functions and powers that are specified in
30
the authorisation.
(6) A person authorised to act as a harbour
master under this section has all the
functions and may exercise all the powers
that are specified in his or her instrument of
35
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authorisation and, when carrying out any
such function or exercising any such power,
the person acts as the harbour master.
(7) The authorisation of a person under this
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section to carry out a function or exercise a
5
power does not prevent the harbour master
from carrying out that function or exercising
that power.
26C. Functions of harbour masters
(1) The functions of a harbour master are as
10
follows--
(a) to control and direct vessels entering
and leaving the waters for which he or
she has been engaged, including the
time and manner of doing so;
15
(b) to control and direct the navigation and
other movement of vessels in those
waters;
(c) to control and direct the position where
and the manner in which any vessel
20
may anchor or be secured in those
waters;
(d) to control and direct the time and
manner of the taking in or discharging
from any vessel of cargo, stores, fuel,
25
fresh water and water ballast in those
waters;
(e) to control and direct the securing or
removal of any vessel in those waters
in, from or to any position the harbour
30
master thinks fit;
(f) any other functions that are conferred
on harbour masters by or under this or
any other Act.
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s. 8
(2) A harbour master must carry out his or her
functions under sub-section (1) in a
manner--
(a) that ensures the safety of persons and
Victorian Legislation Parliamentary Documents
the safe operation of vessels; and
5
(b) that minimises the effect of vessel
operations on the environment.
(3) The Director may, at any time, impose a
condition on the licence of a harbour master
that limits or restricts a function of the
10
harbour master.
(4) A harbour master's licence may contain a
condition that makes the exercise of his or
her functions subject to a direction given
from time to time to the harbour master by
15
the Director.
26D. Powers of harbour masters
A harbour master has all the powers that are
necessary and convenient to enable him or
her to carry out the functions given to the
20
harbour master under this or any other Act.
26E Power of harbour masters to give written
and oral directions
(1) A harbour master may from time to time
give written directions for or with respect to
25
vessels entering or within waters for which
he or she has been engaged, including all or
any of the following matters--
(a) prohibiting entry by any vessel to or
requiring the removal of any vessel
30
from the waters for which he or she has
been engaged, if the harbour master has
reasonable cause to believe that the
vessel--
(i) is unseaworthy; or
35
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s. 8
(ii) is in imminent danger of sinking
and causing an obstruction to
navigation in those waters; or
(iii) is in imminent danger of causing
Victorian Legislation Parliamentary Documents
serious damage to the marine
5
environment or property in those
waters;
(b) to control and direct the navigation and
other movement of vessels in those
waters;
10
(c) to control and direct the position where
and the manner in which any vessel
may anchor or be secured in those
waters;
(d) to control and direct the time and
15
manner of the taking in or discharging
from any vessel of cargo, stores, fuel,
fresh water and water ballast in those
waters;
(e) to control and direct the securing or
20
removal of any vessel in those waters
in, from or to any position the harbour
master thinks fit;
(f) any other thing for or with respect to
the management of the operation of
25
vessels in those waters.
(2) Directions given under sub-section (1) must
be published in a manner that makes them
readily accessible to users of the port.
(3) A harbour master may, if it is reasonable to
30
do so, give an oral direction about any matter
on which a written direction can be given
under sub-section (1) for or with respect to a
vessel entering or within waters for which he
or she has been engaged.
35
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s. 8
(4) A harbour master who has given a direction
under sub-section (3), must, as soon as
possible after giving the direction, make a
written copy of the direction and cause the
Victorian Legislation Parliamentary Documents
copy to be kept at the business office of the
5
person or body who has engaged the harbour
master for a period of 6 years from the date
of the direction.
(5) A harbour master may, as a condition of
allowing a vessel to be anchored or secured
10
within any part of the waters for which he or
she has been engaged, being waters in which
a licensed pilot is required to be engaged,
direct that a pilot remain on board the vessel
while it is so anchored or secured, whether or
15
not pilotage is compulsory under section 96.
26F. Specific provisions as to directions
relating to the entry and removal of
vessels
(1) A harbour master must not give any direction
20
prohibiting the entry of a vessel to the waters
for which he or she has been engaged or
requiring the removal of a vessel from those
waters under section 26E if the direction
would endanger the life of any person on the
25
vessel.
(2) A direction given by a harbour master
prohibiting the entry of a vessel to the waters
for which he or she has been engaged or
requiring the removal of a vessel from those
30
waters under section 26E may be revoked by
order of the Director.
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s. 8
26G. General provisions relating to harbour
master directions
(1) A harbour master must not give any direction
under section 26E that would result in a
Victorian Legislation Parliamentary Documents
contravention of any law relating to the State
5
waters or vessel concerned or that would
impede the proper administration of the
customs or quarantine services within those
waters.
(2) If a direction given by a harbour master
10
under section 26E is inconsistent with a
direction given by the Director under
paragraph 18C of Schedule 4, the direction
given by the Director prevails and the
harbour master's direction is, to the extent of
15
the inconsistency, of no effect.
26H. Amendment and revocation of directions
A direction given by a harbour master under
section 26E may be amended or revoked by
any harbour master who has been engaged
20
for the waters in respect of which the
direction applies.
26HA. Harbour master may carry out direction
(1) If--
(a) there is no person on board any vessel
25
to whom a harbour master may give a
direction under this Part and there are
reasonable grounds for the harbour
master to act urgently without giving a
direction; or
30
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(b) a direction under this Part or under the
regulations is not complied with--
the harbour master may cause the vessel to
be dealt with as required by the harbour
Victorian Legislation Parliamentary Documents
master.
5
(2) For that purpose, the harbour master (or a
person authorised by the harbour master for
the purposes of this section) may board a
vessel and move, secure or otherwise operate
the vessel.
10
(3) The person or body which has engaged the
harbour master may recover from the master
or owner of a vessel referred to in sub-
section (1) as a civil debt in any court of
competent jurisdiction the reasonable
15
charges and expenses incurred in the
exercise of the harbour master's functions
under that sub-section.
26HB. Offence to fail to comply with direction, or
obstruct, harbour master
20
(1) The master of a vessel must not, without
reasonable excuse, refuse or fail to comply
with--
(a) any direction given under this Part to
the master by a harbour master; or
25
(b) any direction in the regulations.
Penalty: 120 penalty units.
(2) A person must not, without reasonable
excuse, obstruct a harbour master (or a
person acting under the direction of a
30
harbour master) exercising any function
under this Part.
Penalty: 60 penalty units.
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Act No.
Part 2--Amendment of the Marine Act 1988
s. 8
26HC. Identity cards
(1) The person or body which has engaged a
harbour master must give an identity card to
the harbour master.
Victorian Legislation Parliamentary Documents
(2) An identity card must be in a form approved
5
by the Director and must contain--
(a) a photograph of the person to whom it
is issued; and
(b) the signature of the person.
(3) A harbour master must produce his or her
10
identity card--
(a) before exercising a function under this
Part, other than the giving of a direction
by radio or other electronic
communication device; and
15
(b) if requested to do so, in the course of
exercising a function under this Part,
other than the giving of a direction by
radio or other electronic
communication device.
20
Penalty: 5 penalty units.
(4) Before a harbour master gives a direction by
radio or other electronic communication
device to another person, the harbour master
must warn the person to whom the direction
25
is given that failure to comply with the
direction may constitute an offence under
section 26HB(2).
(5) A person who has been issued with an
identity card must return it to the Director, or
30
the person who issued it, on demand.
Penalty: 5 penalty units.
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s. 8
26HD. Issue of harbour master licences
The Director may issue a licence to a person
that authorises that the person is a person
who is capable of performing those functions
Victorian Legislation Parliamentary Documents
of a harbour master that are specified in the
5
licence in the State waters that are specified
in the licence.
26HE. Imposition or variation of conditions on
harbour master licences
(1) The Director may, after first consulting with
10
the person or body who has engaged a
harbour master, impose a condition on the
licence of that harbour master at any time
during the course of the licence.
(2) The Director may, after first consulting with
15
the person or body who engaged a harbour
master, vary a condition on the licence of
that harbour master that has been imposed
under sub-section (1).
26HF. Requirement as to notification of licence
20
conditions
(1) The Director must not impose or vary a
condition under section 26HE unless the
Director has first given written notice to the
holder of the licence that he or she intends to
25
do so.
(2) The Director must when issuing or renewing
a licence on which a condition has been
imposed under section 26HE, set out the
terms of the condition on the licence.".
30
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s. 9
9. Amendment to protection from liability provision
(1) In section 26I(1) of the Marine Act 1988--
(a) for paragraph (a) substitute--
Victorian Legislation Parliamentary Documents
"(a) in the exercise of a power or the
performance of a function under or in
5
connection with this Part or a direction
in the regulations; or";
(b) for paragraph (b) substitute--
"(b) in the reasonable belief that the act or
omission was in the exercise of a power
10
or the performance of a function under
or in connection with this Part or a
direction in the regulations.".
(2) For section 26I(2) of the Marine Act 1988
substitute--
15
"(2) Any liability resulting from an act or
omission that would, but for sub-section (1),
attach to a harbour master or person
exercising the functions of a harbour master,
attaches instead to the local port manager or
20
waterway manager by which the harbour
master or person is engaged.".
10. Insertion of new Division in Part 8
After section 71 of the Marine Act 1988 insert--
'Division 2--Appointment of Inspectors
25
72. Appointment of inspectors
(1) The Director may, if satisfied that a person
has the appropriate qualifications and
training, appoint--
(a) an employee of the Department of
30
Infrastructure; or
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s. 10
(b) a person engaged by the Director for
such a purpose--
as an inspector for the purposes of this Act.
Victorian Legislation Parliamentary Documents
(2) An inspector may be appointed under sub-
section (1) for the purposes of all or any
5
provisions of this Act or the regulations.
(3) The Director may exercise any of the powers
of an inspector.
73. Inspector's identity card
(1) The Director must issue an identity card to
10
each person appointed as an inspector that
identifies the person by name as an inspector
and that states the provisions of this Act or
the regulations for which the inspector has
been appointed.
15
(2) The identity card must contain--
(a) a photograph of the person to whom it
is issued; and
(b) the signature of the person.
(3) If a person's authorisation as an inspector is
20
revoked or expires, he or she must
immediately return his or her identity card to
the Director.
Penalty: 5 penalty units.
74. Production of identity card
25
(1) An inspector must produce his or her identity
card for inspection--
(a) before exercising a power under this
Act; and
(b) at any time during the exercise of a
30
power under this Act, if asked to do so.
Penalty: 5 penalty units.
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s. 10
(2) Sub-section (1) does not apply if an inspector
is exercising--
(a) a power by telephone, radio or other
electronic communication device; or
Victorian Legislation Parliamentary Documents
(b) a power to board a vessel in
5
circumstances in which it is not
practicable to produce his or her
identity card for inspection.
75. Offence to impersonate an inspector
A person who is not an inspector must not, in
10
any way, hold himself or herself out to be an
inspector.
Penalty: 60 penalty units.
Division 2A--Compliance inspections
76. Definition
15
In this Division, "inspector" means an
inspector appointed under Division 2 for the
purposes of this Division.
77. Powers to enter vessels without consent or
warrant
20
(1) An inspector or a member of the police
force, in order to determine whether or not--
(a) in the case of a vessel for which a
certificate of survey has been issued,
the certificate is being complied with;
25
or
(b) in the case of a vessel for which a
certificate of survey has not been
issued, any provisions of this Act or the
regulations as to--
30
(i) the design of the vessel; or
(ii) the construction of the vessel; or
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(iii) the equipment that the vessel is
required to be equipped with; or
(iv) the operation of the vessel--
Victorian Legislation Parliamentary Documents
are being complied with--
may, at any reasonable time, do the
5
following--
(c) enter and search the vessel;
(d) inspect any equipment or document
found on the vessel.
(2) A person who is exercising a power under
10
sub-section (1) may do so with the assistance
of another inspector or a member of the
police force.'.
11. Definition of inspector for the purposes of
investigations under Division 3 of Part 8
15
For sections 82 to 82C of the Marine Act 1988
substitute--
'82. Definition
In this Division, "inspector" means an
inspector appointed under Division 2 for the
20
purposes of this Division.'.
12. Power of Director to conduct investigation into
alleged breach of conditions of harbour master
licence
(1) In section 84(1) of the Marine Act 1988--
25
(a) in paragraph (b), for "regulations."
substitute "regulations; or";
(b) after paragraph (b) insert--
"(c) that the holder of any harbour master
licence has breached the conditions of
30
that licence; or
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s. 13
(d) that any pilot, pilot exempt master or
pilotage service provider, who is
registered under this Act to act as a
pilot, pilot exempt master or pilotage
Victorian Legislation Parliamentary Documents
service provider (as the case requires),
5
has breached the conditions of that
registration.".
(2) In section 84(2) of the Marine Act 1988, after
"the regulations" insert "or a condition of a
licence granted under this Act".
10
13. Appeal against imposition of conditions on a licence
to VCAT
After section 85(3A) of the Marine Act 1988
insert--
"(3B) If the Director has imposed a condition on a
15
harbour master licence under section
26HE(1), the holder of the licence may apply
to the Victorian Civil and Administrative
Tribunal for a review of the decision of the
Director.
20
(3C) An application for review of a decision of
the Director under sub-section (3B) must be
made within 28 days of the later of--
(a) the day on which the decision was
made; or
25
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
30
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be
given.".
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s. 14
14. Power to prosecute
In section 87(1) of the Marine Act 1988, for "or
the regulations" substitute ", the regulations or
regulations made under the Port Services Act
Victorian Legislation Parliamentary Documents
1995 that relate to local ports".
5
15. Offence to act as a crew member without certificate
of competency
In section 94(1) of the Marine Act 1988, for "for
which a certificate is required under the
regulations unless he or she holds an appropriate
10
certificate" substitute "for which a certificate of
competency is required under the regulations
unless that person holds a certificate of
competency that authorises that person to act in
that capacity".
15
16. Insertion of new sections 99C to 99F
After section 99B of the Marine Act 1988
insert--
"99C. Issue of certificates of competency by the
Director
20
(1) The Director may issue a certificate to a
person that authorises that person to act as a
master or a crew member on vessels that are
of the class of vessel set out on the certificate
and in the capacity on any such vessel that is
25
set out in the certificate.
(2) The Director may impose conditions on any
certificate of competency.
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s. 16
99D. Offence not to comply with conditions on
certificate of competency
The holder of a certificate of competency
must comply with any condition imposed on
Victorian Legislation Parliamentary Documents
the certificate by the Director under section
5
99C(2).
Penalty: 10 penalty units.
99E. Issue of certificates of survey by the
Director
(1) The Director may issue a certificate to the
10
owner of a vessel that sets out requirements
as to all or any of the following--
(a) the design of the vessel;
(b) the construction of the vessel;
(c) the equipment that the vessel is
15
required to be equipped with;
(d) the operation of the vessel.
(2) The Director may impose conditions on any
certificate of survey.
99F. Offence not to comply with certificate of
20
survey or conditions on certificate of
survey
(1) The owner of a vessel must ensure that all
the requirements of the certificate of survey
are complied with.
25
Penalty: 10 penalty units.
(2) The owner of a vessel must ensure that--
(a) any condition imposed by the Director
under section 99E(2) on a certificate of
survey issued for the vessel is complied
30
with; or
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s. 17
(b) any condition prescribed by the
regulations that applies to a certificate
of survey is complied with.
Penalty: 10 penalty units.
Victorian Legislation Parliamentary Documents
(3) Any person who operates a vessel in respect
5
of which a certificate of survey has been
issued must ensure that the certificate of
survey is complied with.
Penalty: 5 penalty units.".
17. Service of documents
10
In section 101(1), section 101(2) and section
101(3) of the Marine Act 1988, for "or the
regulations" substitute ", the regulations or
regulations made under the Port Services Act
1995 that relate to local ports".
15
18. Insertion of new regulation making powers
After section 105(1) of the Marine Act 1988
insert--
"(1A) The Governor in Council may make
regulations for or with respect to any waters
20
in respect of which a person has been
engaged as a harbour master, including
regulations as to the entry, departure or
movement of any vessels in such waters, or
all or any of the following matters--
25
(a) the entering or leaving of those waters
by any vessels;
(b) the movement and navigation of any
vessels in those waters;
(c) the securing and anchorage of any
30
vessels in those waters;
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s. 19
(d) the taking into any vessel or
discharging from any vessel of cargo,
stores, fuel, fresh water or water ballast
in those waters;
Victorian Legislation Parliamentary Documents
(e) the removing of any vessels in those
5
waters;
(f) any other thing for or with respect to
the management of the operation of any
vessels in those waters.".
19. Insertion of new section 108A
10
After section 108 of the Marine Act 1988
insert--
"108A. Fees for waterway managers
(1) The Governor in Council may make
regulations for or with respect to the fees that
15
may be charged by waterway managers for
services provided by waterway managers.
(2) Regulations made under sub-section (1) may
provide for all or any of the following
matters--
20
(a) amounts of fees;
(b) fixing fees by reference to a maximum
or minimum fee or both;
(c) the persons who are to be liable to pay
the fees;
25
(d) exemptions from the requirement to
pay fees;
(e) requirements as to notices to be given
by waterway managers as to the fees.
(3) Section 108 does not apply to regulations
30
made under this section.".
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Act No.
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s. 20
20. Insertion of new Part 10
After Part 9 of the Marine Act 1988 insert--
"PART 10--WATERWAY MANAGERS
Victorian Legislation Parliamentary Documents
111. Functions and powers of waterway
managers
5
(1) A waterway manager has the following
functions--
(a) the management of vessel activities on
the waters under the control of the
waterway manager;
10
(b) the management and allocation of
moorings and berths in the waters under
the control of the waterway manager;
(c) the provision and maintenance, in
accordance with standards developed
15
by the Director, of navigation aids,
including appropriate signage as to
water levels, hazards and laws applying
to the waters under the control of the
waterway manager;
20
(d) the control of navigation and vessel
movement in the waters under the
control of the waterway manager;
(e) the designation of areas in the waters
under the control of the waterway
25
manager in which anchorage of vessels
is permitted and areas in which
anchorage of vessels is not permitted;
(f) the altering or dredging of channels for
navigation in the waters under the
30
control of the waterway manager, in
accordance with any directions of the
Director and as so required by the
Director;
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s. 20
(g) the removal or marking of obstructions
in the waters under the control of the
waterway manager.
(2) A waterway manager must carry out its
Victorian Legislation Parliamentary Documents
functions under sub-section (1) in a manner
5
that--
(a) ensures the safe operation of vessels in
the waters under the control of the
waterway manager; and
(b) minimises the risk of environmental
10
damage from the operation of vessels in
the waters under the control of the
waterway manager.
(3) A waterway manager has the following
powers--
15
(a) the power to enter into contracts and
agreements for the carrying out of its
functions under this section;
(b) the power to employ persons or enter
into contracts or agency agreements
20
with persons to assist in the carrying
out of its functions;
(c) the powers to charge the fees prescribed
by the regulations for any service
provided by the waterway manager;
25
(d) the power to do all things necessary to
enable its functions under this section
to be carried out.
112. Delegation powers of waterway managers
A waterway manager may delegate, by
30
instrument, to any person employed by the
waterway manager under section 111(3) any
function or power conferred on the waterway
manager by or under this Act, other than this
power of delegation.".
35
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Marine (Amendment) Act 2004
Act No.
Part 2--Amendment of the Marine Act 1988
s. 21
21. Insertion of new Division 5 of Part 11
After Division 4 of Part 11 of the Marine Act
1988 insert--
Victorian Legislation Parliamentary Documents
'Division 5--Transitional Provisions--Marine
(Amendment) Act 2004
5
156. Saving of certain certificates of service
A person who was, immediately before the
commencement of section 22(1) of the
Marine (Amendment) Act 2004 the holder
of a certificate of service (within the
10
meaning of this Act, and as in force
immediately before that commencement) is
deemed to continue to be, on and from that
commencement, the holder of such a
certificate, and Schedule 4 to this Act, as it
15
applied to any such certificates, immediately
before that commencement, is deemed to
continue to so apply to such a certificate.
157. Saving of certain declarations of local
authorities
20
Despite the commencement of section 20 of
the Marine (Amendment) Act 2004, a
person or body that was, immediately before
that commencement a local authority within
the meaning of paragraph (b) of the
25
definition of "local authority" (as in force
immediately before that commencement) by
virtue of a declaration made under section
3(3)(b), as so in force--
(a) is deemed to be, on and from that
30
commencement, a waterway manager
for the waters in respect of which that
person or body had been declared to be
a local authority; and
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s. 22
(b) any reference in the declaration made
under section 3(3)(b) to the person or
body as a local authority is to be
construed as a reference to the person
Victorian Legislation Parliamentary Documents
or body as a waterway manager and the
5
declaration may be amended or revoked
accordingly.
158. Saving of harbour master appointments
A person who was, immediately before the
commencement of section 8 of the Marine
10
(Amendment) Act 2004--
(a) a harbour master engaged under this
Act as in force immediately before that
commencement, continues on and from
that commencement, to be so engaged;
15
or
(b) authorised to act as a harbour master
under this Act, as in force immediately
before that commencement, is deemed,
on and from that commencement, to be
20
so authorised, as if the authorisation
had been made under section 26B of
this Act.
159. Saving of harbour master's directions
A direction made by a harbour master under
25
this Act and in force immediately before the
commencement of section 8 of the Marine
(Amendment) Act 2004, continues in force,
on and from that commencement, as if it
were made under Part 3A.'.
30
22. Powers of the Director in Schedule 4
(1) In Schedule 4 to the Marine Act 1988--
(a) omit "CERTIFICATES OF SERVICE";
(b) omit items 4 to 6.
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s. 23
(2) In item 8A of Schedule 4 to the Marine Act 1988,
after "harbour masters" insert "and to amend,
vary or revoke licences of harbour masters".
23. Regulation making powers in Schedule 5
Victorian Legislation Parliamentary Documents
(1) In Schedule 5 to the Marine Act 1988--
5
(a) omit "CERTIFICATES OF SERVICE";
(b) omit items 9 to 16;
(c) in item 26, omit "and service".
(2) In item 59 of Schedule 5 to the Marine Act 1988,
after "the circumstances in which they may be
10
issued" insert ", the information that is to be
contained on them".
(3) After item 108 in Schedule 5 to the Marine Act
1988 insert--
15 "109. Licences, certificates, registrations, permits or
authorisations granted, issued or made by the
Commonwealth or other States or a Territory of the
Commonwealth that may be recognised as being the
equivalent of licences, certificates, registrations,
20 permits or authorisations granted, issued or made
under this Act or the regulations.".
24. Safety standards for pilotage service providers
(1) At the end of the definition of "navigation
position" in Schedule 6 to the Marine Act 1988,
for "navigated." substitute "navigated;".
25
(2) After the definition of "navigation position" in
Schedule 6 to the Marine Act 1988 insert--
' "pilot" includes pilot exempt master.'.
25. Further amendments to the Marine Act 1988
The Marine Act 1988 is amended as set out in the
30
Schedule.
__________________
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Marine (Amendment) Act 2004
Act No.
Part 3--Amendment of the Port Services Act 1995
s. 26
See:
PART 3--AMENDMENT OF THE PORT SERVICES ACT 1995
Act No.
82/1995.
26. Definitions Reprint No. 3
as at
Victorian Legislation Parliamentary Documents
In section 3 of the Port Services Act 1995, for the 1 July 2003
and
definition of "harbour master" substitute-- amending
Act Nos
' "harbour master" has the same meaning as in
5 23/2003,
the Marine Act 1988;'. 85/2003 and
94/2003.
LawToday:
27. Alteration of cross-references www.dms.
dpc.vic.
In section 44G(2) of the Port Services Act 1995, gov.au
for "Sections 26D, 26E, 26F, 26G and 26I"
substitute "Sections 26E, 26F, 26G, 26H, 26HA,
10
26HB, 26HC and 26I".
28. Repeal of certain sections relating to harbour
masters
Sections 83, 84, 85, 86, 87, 88 and 90 of the Port
Services Act 1995 are repealed.
15
29. Amendment of protection from liability provision
For section 91 of the Port Services Act 1995
substitute--
'91. Protection from liability
(1) A harbour master engaged for the waters of a
20
relevant port, or any other person exercising
the functions of a harbour master in relation
to the waters of a relevant port, is not
personally liable for anything done or
omitted to be done in good faith--
25
(a) in the exercise of a power or the
performance of a function under or in
connection with Part 3A of the Marine
Act 1988 or a direction in regulations
made under that Act; or
30
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s. 30
(b) in the reasonable belief that the act or
omission was in the exercise of a power
or the performance of a function under
or in connection with Part 3A of the
Victorian Legislation Parliamentary Documents
Marine Act 1988 or a direction in
5
regulations made under that Act.
(2) Any liability resulting from an act or
omission that would, but for sub-section (1),
attach to a harbour master or person
exercising the functions of harbour master,
10
attaches instead to the person or body by
which the harbour master or person
exercising the functions of a harbour master
is engaged.
(3) In this section "waters of a relevant port"
15
means--
(a) the port of Melbourne waters; or
(b) the waters declared under section 5 to
be the waters of the port of Geelong; or
(c) the waters declared under section 5 to
20
be the waters of the port of Portland; or
(d) the waters declared under section 5 to
be the waters of the port of Hastings.'.
30. Insertion of new section 184
After section 183 of the Port Services Act 1995
25
insert--
'184. Provisions of Subordinate Legislation Act
1994 not to apply to certain ports
regulations
(1) Part 2 of the Subordinate Legislation Act
30
1994 does not apply to a statutory rule made
under this Act--
(a) if the statutory rule is made on or
before 1 December 2004; and
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s. 30
(b) if the Minister has, before the making
of the statutory rule, certified in writing
that the statutory rule is the same in
substance as the Marine (Designated
Victorian Legislation Parliamentary Documents
Ports) Regulations 2004.
5
(2) The Minister must ensure that a copy of the
certificate under sub-section (1) is given to
the Scrutiny of Acts and Regulations
Committee as soon as practicable after the
statutory rule is made.
10
(3) A copy of the certificate under sub-
section (1) must be laid before each House of
Parliament at the same time as the statutory
rule is so laid under section 15 of the
Subordinate Legislation Act 1994.
15
(4) In this section--
"Scrutiny of Acts and Regulations
Committee" means the Scrutiny of
Acts and Regulations Committee
established by the Parliamentary
20
Committees Act 2003;
"statutory rule" has the same meaning as in
the Subordinate Legislation Act
1994.'.
__________________
25
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Act No.
Sch.
SCHEDULE
FURTHER AMENDMENTS TO THE MARINE ACT 1988
Victorian Legislation Parliamentary Documents
1. In section 15(1) of the Marine Act 1988--
(a) for "recommendation of the Victorian Regional
5 Channels Authority or a channel operator or local
authority" substitute "recommendation of a port
management body, local port manager or waterway
manager";
(b) in paragraph (a), for "the Victorian Regional Channels
10 Authority or channel operator or local authority"
substitute "a port management body, local port
manager or waterway manager".
2. In section 66A(1) of the Marine Act 1988, for "the
Victorian Regional Channels Authority , a channel operator
15 or a local authority" substitute "a port management body, a
local port manager or a waterway manager".
3. In section 66B(1) of the Marine Act 1988--
(a) for "If a local authority, the Victorian Regional
Channels Authority or a channel operator" substitute
20 "If a port management body, a local port manager or a
waterway manager";
(b) for "the local authority, the Victorian Regional
Channels Authority or the channel operator"
substitute "the port management body, the local port
25 manager or the waterway manager".
4. In section 69(1)(b) of the Marine Act 1988, for "the
Victorian Regional Channels Authority or of a local
authority" substitute "a port management body, a local port
manager or a waterway manager".
30 5. In section 70(1)(b) of the Marine Act 1988, for "or of a
local authority" substitute ", a port management body, a
local port manager or a waterway manager".
6. In section 92(1) of the Marine Act 1988, for "a local
authority" substitute "a port management body, a local port
35 manager or a waterway manager".
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Sch.
7. In section 92A(2) of the Marine Act 1988, for "The
Victorian Regional Channels Authority, a channel operator
or a local authority" substitute "A port management body, a
local port manager or a waterway manager".
Victorian Legislation Parliamentary Documents
5 8. In section 93(1) and in section 93(2) of the Marine Act
1988, for "or a local authority" substitute ", a port
management body, a local port manager or a waterway
manager".
9. In Schedule 4 to the Marine Act 1988--
10 (a) for item 18A substitute--
"18A. To provide and maintain, in accordance with
the standards developed by the Director,
navigation aids in State waters for which the
Director is the waterway manager.";
15 (b) in item 18B, for "The Victorian Regional Channels
Authority or a channel operator or local authority"
substitute "Any port management body, local port
manager or any waterway manager";
(c) for items 18E and 18F substitute--
20 "18E. To control navigation and vessel movements in
State waters for which the Director is the
waterway manager.
18F. To designate anchorage areas in State waters
for which the Director is the waterway
25 manager.";
(d) in item 18G, for "or local authority" substitute "or
any other port management body, local port manager
or any waterway manager".
10. In item 22(a) of Schedule 4 to the Marine Act 1988, for
30 "local authorities" substitute "port management bodies,
local port managers, waterway managers".
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Marine (Amendment) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
38
551137B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004
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