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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Port Services and Marine (Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF PORT SERVICES ACT 1995 3
3. Delay of forced commencement 3
4. Declared subsidiary to be port corporation for certain purposes 3
5. Powers of MPC and VCA 3
6. Accountability for damage 3
7. Delegation 5
8. Pricing Orders 5
9. New section 65AA inserted 6
65AA. Land ceasing to be managed land 6
10. Abolition of port promotion levy 6
11. Repeal of regulation-making power 7
12. Rights of port authority staff 7
13. Statute law revision 7
PART 3--AMENDMENT OF MARINE ACT 1988 8
14. Increase in penalties 8
15. Councils may retain infringement penalties 9
16. Declaration of designated ports 10
17. Functions and powers of local authorities 10
18. Statute law revision 10
PART 4--CONSEQUENTIAL AMENDMENT 11
19. Functions and powers of MPW 11
NOTES 12
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531069B.I1-9/10/96 BILL LA INTRODUCTION 9/10/96
A BILL
to amend the Port Services Act 1995 and the Marine Act 1988, to
make a consequential amendment to the Water Industry Act 1994
and for other purposes.
Port Services and Marine (Amendment)
Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Port Services Act 1995 and
the Marine Act 1988 including--
5
(a) making fresh provision with respect to the
ability of the Victorian Channels Authority
to recover damages for property damage or
economic loss;
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Port Services and Marine (Amendment) Act 1996
s. 2
Act No.
(b) facilitating the removal of land from the
management of the Melbourne Port
Corporation;
(c) abolishing the mandatory port promotion
levy;
5
(d) increasing the penalties for certain offences
under the Marine Act 1988 and enabling
councils to retain infringement penalties
recovered by them under that Act;
(e) expanding the areas that may be declared to
10
be designated ports and clarifying the powers
of local authorities within those ports,
including Melbourne Parks and Waterways.
2. Commencement
(1) This Act (except section 13) comes into operation
15
on the day on which it receives the Royal Assent.
(2) Section 13 is deemed to have come into operation
on 14 December 1995.
_______________
20
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Port Services and Marine (Amendment) Act 1996
s. 3 Act No.
PART 2--AMENDMENT OF PORT SERVICES ACT 1995
No. 82/1995. 3. Delay of forced commencement
Amended by
Nos 107/1995,
In section 2 of the Port Services Act 1995, for
4/1996 and
sub-section (3) substitute--
27/1996.
"(3) If a provision referred to in sub-section (2)
5
does not come into operation before 28
November 1998, it comes into operation on
that day.".
4. Declared subsidiary to be port corporation for certain
purposes
10
In the definition of "port corporation" in section 3
of the Port Services Act 1995, for "section 30"
substitute "sections 30 and 33 to 38".
5. Powers of MPC and VCA
(1) In section 13(2) of the Port Services Act 1995,
15
after paragraph (b) insert--
"(ba) may take and hold indemnities;
(bb) without limiting paragraph (b), may enter
into contracts (including contracts of
indemnity) for the provision of services or
20
facilities;".
(2) In section 21(2) of the Port Services Act 1995,
after paragraph (b) insert--
"(ba) may take and hold indemnities;
(bb) without limiting paragraph (b), may enter
25
into contracts (including contracts of
indemnity) for the provision of services or
facilities;".
6. Accountability for damage
(1) In section 23 of the Port Services Act 1995, for
30
sub-sections (1) and (2) substitute--
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"(1) A person who by any act done or omitted to
be done on port land or port waters
(including an act that causes an obstruction
to navigation in port waters)--
(a) causes damage to--
5
(i) any property (whether real or
personal) of VCA or of a channel
operator (being property used by
the channel operator in connection
with the exercise of its function as
10
channel operator); or
(ii) any building, works, infrastructure
or facilities erected, established,
installed, provided, managed or
maintained by VCA or a channel
15
operator under or for the purposes
of this Act; or
(b) causes VCA, or a channel operator as
channel operator, to suffer economic
loss--
20
is liable to pay damages to VCA or the
channel operator in respect of that damage or
loss.
(2) If damage or loss of a kind referred to in sub-
section (1) is caused by a vessel or by any
25
person employed in or about the vessel, the
owner, master and agent of the vessel, or any
of them, is liable to pay damages to VCA or
the channel operator in respect of that
damage or loss and that liability exists
30
despite the fact--
(a) that the damage or loss was caused by
act of God or inevitable accident or
otherwise without negligence or
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s. 7 Act No.
wrongful act or omission on the part of
any person; or
(b) that the vessel was under compulsory
pilotage.
(2A) VCA or a channel operator may recover any
5
damages to which it is entitled under sub-
section (1) or (2) in any court of competent
jurisdiction.".
(2) In section 23(3) of the Port Services Act 1995--
(a) for "MPC or VCA" substitute "VCA or a
10
channel operator"; and
(b) for "an injury" substitute "any damage or
loss".
(3) In section 24(1) of the Port Services Act 1995--
(a) for "MPC or VCA" substitute "VCA or a
15
channel operator"; and
(b) for "an injury" substitute "any damage or
loss"; and
(c) for "the injury" substitute "the damage or
loss".
20
7. Delegation
In section 26 of the Port Services Act 1995, for
"another person" substitute "a local authority
within the meaning of section 112 of the Marine
Act 1988 or to any other person".
25
8. Pricing Orders
In section 50(5) of the Port Services Act 1995,
for paragraph (d) substitute--
"(d) cannot be made, amended or varied--
(i) in the case of a Pricing Order applying
30
to the port of Melbourne, Geelong or
Portland or to any part or parts of that
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port, after the expiry of 12 months after
this Act receives the Royal Assent;
(ii) in the case of a Pricing Order applying
to the port of Hastings or to any part or
parts of that port, on or after 28
5
November 1998.".
9. New section 65AA inserted
After section 65 of the Port Services Act 1995
insert--
"65AA. Land ceasing to be managed land
10
(1) The Governor in Council may, by Order
published in the Government Gazette,
remove from the management of MPC any
managed land specified in the Order and on
the commencement of that Order that land
15
ceases to be managed land.
(2) An Order under sub-section (1) does not
affect the status or continuity of any lease
(including an agreement, licence or other
interest arising under or in relation to a lease,
20
whether or not the lease has expired, and any
interest in the nature of a lease) of, or licence
over, land to which an Order made under
that sub-section applies and existing
immediately before the commencement of
25
the Order.".
10. Abolition of port promotion levy
(1) Sections 76 and 77 of the Port Services Act 1995
are repealed.
(2) Section 13(1)(c) of the Port Services Act 1995 is
30
repealed.
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11. Repeal of regulation-making power
Section 97 of the Port Services Act 1995 is
repealed.
12. Rights of port authority staff
In section 118 of the Port Services Act 1995,
5
after sub-section (2) insert--
"(3) The Minister may from time to time, for the
purposes of sub-section (1) or (2), by notice
published in the Government Gazette before
the then current specified date (that is, the
10
date specified for the purposes of that sub-
section by the last notice published in the
Government Gazette, whether under that
sub-section or this sub-section) specify a
date later than the then current specified
15
date.".
13. Statute law revision
In section 139 of the Port Services Act 1995, for
"For section 6A of the Port of Geelong
Authority Act 1958 substitute" substitute "After
20
section 6 of the Port of Geelong Authority Act
1958 insert".
_______________
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Port Services and Marine (Amendment) Act 1996
s. 14
Act No.
PART 3--AMENDMENT OF MARINE ACT 1988
No. 52/1988.
14. Increase in penalties Reprinted to
No. 100/1995.
(1) In the penalty set out at the foot of section 8(1) of Subsequently
the Marine Act 1988-- amended by
Nos 4/1996
(a) for "2" substitute "4"; and 27/1996.
5
(b) for "3" substitute "6".
(2) In the penalty set out at the foot of section 8(2) of
the Marine Act 1988--
(a) for "2" substitute "4";
(b) for "3" substitute "6".
10
(3) In the penalty set out at the foot of section 15(3)
of the Marine Act 1988--
(a) for "2" substitute "4";
(b) for "4" substitute "8".
(4) In the penalty set out at the foot of section 17(1)
15
of the Marine Act 1988--
(a) for "2" substitute "4";
(b) for "4" substitute "8".
(5) In the penalty set out at the foot of section 17(2)
of the Marine Act 1988--
20
(a) for "2" substitute "4";
(b) for "4" substitute "8".
(6) In the penalty set out at the foot of section 18(2)
of the Marine Act 1988--
(a) for "2" substitute "4";
25
(b) for "4" substitute "8".
(7) In the penalty set out at the foot of section 19(3)
of the Marine Act 1988--
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(a) for "2" substitute "4";
(b) for "4" substitute "8".
(8) In the penalty set out at the foot of section 19(4)
of the Marine Act 1988--
(a) for "2" substitute "4";
5
(b) for "4" substitute "8".
(9) In the penalty set out at the foot of section 21(2)
of the Marine Act 1988--
(a) for "2" substitute "4";
(b) for "4" substitute "8".
10
(10) For the penalty set out at the foot of section 24(1)
of the Marine Act 1988 substitute--
"Penalty: For a first offence, 4 penalty units.
For a subsequent offence, 8 penalty
units.".
15
15. Councils may retain infringement penalties
(1) In section 61(1) of the Marine Act 1988, after
"officer" insert "or other person".
(2) In section 61(2) of the Marine Act 1988--
(a) for "Every" substitute "Subject to sub-
20
section (2A), every";
(b) after "officer" insert "or other person".
(3) In section 61 of the Marine Act 1988, after sub-
section (2) insert--
"(2A) If the infringement notice was served by a
25
staff member of a Council within the
meaning of the Local Government Act
1989, the penalty paid under this section
must be paid into the municipal fund of that
Council.".
30
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s. 16
Act No.
16. Declaration of designated ports
In section 111(1) of the Marine Act 1988, omit
the expression beginning ", other than" and ending
at the end of the sub-section.
17. Functions and powers of local authorities
5
(1) In section 112 of the Marine Act 1988, after sub-
section (2) insert--
"(2A) The Minister may, in an Order referred to in
sub-section (2), make the conferral of
associated port functions and powers on a
10
local authority subject to such conditions or
limitations as the Minister may specify in the
Order.".
(2) In section 112(3) of the Marine Act 1988, after
"the local authority" insert "(including any
15
functions or powers delegated to it under section
26 of the Port Services Act 1995)".
18. Statute law revision
In section 26A(2) of the Marine Act 1988, for
"enquires" substitute "enquiries".
20
_______________
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Port Services and Marine (Amendment) Act 1996
s. 19 Act No.
PART 4--CONSEQUENTIAL AMENDMENT
19. Functions and powers of MPW
No. 121/1994. In section 110(3) of the Water Industry Act
Reprinted to
1994, after paragraph (b) insert--
No. 65/1995.
Subsequently
"(c) Melbourne Parks and Waterways may--
5 amended by
Nos 4/1996
(i) be declared to be a local authority
and 12/1996.
under section 112 of the Marine Act
1988;
(ii) act as a delegate of a port corporation
under section 26 of the Port Services
10
Act 1995.".
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Port Services and Marine (Amendment) Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Port Services and Marine (Amendment) Act 1996
Act No.
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