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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Port Services (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 1
3. Definitions 2
4. Objectives of MPC 2
5. Insertion of new section 12A 2
12A. Order in Council directing the management of
specified port waters by MPC 2
6. Functions and powers of MPC 3
7. Power of MPC to dredge 3
ENDNOTES 5
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PARLIAMENT OF VICTORIA
Initiated in Assembly 16 October 2002
A BILL
to amend the Port Services Act 1995 to give further power to the
Melbourne Port Corporation and for other purposes.
Port Services (Amendment) Act 2002
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Port Services Act 1995 to give
further power to the Melbourne Port
5 Corporation; and
(b) to make other minor amendments to that Act.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
1
541329B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004
Port Services (Amendment) Act 2002
s. 3
Act No.
3. Definitions
See:
In section 3 of the Port Services Act 1995-- Act No.
82/1995
(a) in the definition of "channel operator", after Reprint No. 2
"VCA" insert "or MPC, when acting under as at
1 June 2001
5 an Order in Council made under section and
12A"; amending
Act Nos
(b) insert the following definition-- 44/2001,
62/2001 and
77/2001.
' "Director of Marine Safety" has the same LawToday:
meaning as "Director" has in the www.dms.
10 dpc.vic.
Marine Act 1988;'.
gov.au
4. Objectives of MPC
At the end of section 12 of the Port Services Act
1995 insert--
"(2) In addition to sub-section (1), the further
15 objective of MPC is, when so directed by an
Order in Council made under section 12A, to
manage the port waters referred to in the
Order for use on a fair, reasonable and
commercial basis.".
20 5. Insertion of new section 12A
After section 12 of the Port Services Act 1995
insert--
"12A. Order in Council directing the management
of specified port waters by MPC
25 The Governor in Council may, by Order in
Council published in the Government
Gazette, direct MPC to manage the port
waters that are specified in the Order.".
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Port Services (Amendment) Act 2002
s. 6
Act No.
6. Functions and powers of MPC
In section 13(1) of the Port Services Act 1995,
after paragraph (b) insert--
"(c) when so directed by an Order in Council
5 made under section 12A--
(i) to manage and, in accordance with
standards developed by the Director of
Marine Safety, to dredge and maintain
the channels in the port waters that are
10 specified in the Order;
(ii) to provide and maintain, in accordance
with the standards developed by the
Director of Marine Safety, navigation
aids in connection with navigation in
15 the port waters that are specified in the
Order;
(iii) generally, to direct and control, in
accordance with the Marine Act 1988,
the movement of vessels within the port
20 waters that are specified in the Order;".
7. Power of MPC to dredge
At the end of section 22 of the Port Services Act
1995 insert--
"(2) Without limiting the generality of the powers
25 conferred on it, but subject to obtaining any
permit, consent or other authority required
by or under any other Act, MPC, in
connection with carrying out its functions as
a channel operator--
30 (a) may alter, dredge, cleanse, scour,
straighten and improve any channel in
the port waters specified in an Order in
Council made under section 12A;
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Port Services (Amendment) Act 2002
s. 7
Act No.
(b) may reduce or remove any banks or
shoals within any such channel;
(c) may abate and remove impediments,
obstructions and nuisances in any such
5 channel that are injurious to the sea-bed
or that obstruct or tend to obstruct
navigation.".
4
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Port Services (Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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