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PARLIAMENT OF VICTORIA
Port Services (Port Management Reform) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Purpose 2
4. Definition 2
5. Declaration of port lands and waters 2
6. New section 6 inserted 3
6. Ports 3
7. Acquisition or disposal of land 4
8. New section 16 inserted 5
16. Transitional powers under leases 5
9. Substitution of Division 1A of Part 2 5
Division 1A--Port of Hastings Corporation 5
17A. Establishment 5
17B. Port of Hastings Corporation not to represent the Crown 6
17C. Objectives 6
17D. Functions 7
17E. Port operations 8
17F. Powers of the Port of Hastings Corporation 8
17G. Acquisition or disposal of land by the Corporation to
be approved by Minister 9
10. New Division 2 of Part 2 inserted 10
Division 2--Victorian Regional Channels Authority 10
18AA. Division not to apply to port of Melbourne waters 10
18. Establishment of VRCA 10
19. VRCA not to represent the Crown 11
20. Objective 11
21. Functions and powers 11
22. Dredging 13
11. New Part 2A inserted 14
PART 2A--LOCAL PORTS 14
44A. Appointment of port managers of local ports 14
44B. General powers of port managers 17
44C. Delegation 17
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Clause Page
44D. Charges 18
44E. Dredging 19
44F. Other works 19
Victorian Legislation and Parliamentary Documents
44G. Port manager may act as harbour master if there is no
harbour master 20
12. New section 49 substituted 20
49. Price regulation 20
13. Price determination powers 21
14. Financial and business records 22
15. Disputes about access 23
16. Inquiries about channels 24
17. New sections 63AA to 63AD inserted 24
63AA. Procedures and powers of the Commission 24
63AB. Commission may give directions in relation to a
dispute 25
63AC. Confidentiality agreements 26
63AD. Appeals 27
18. New Part 6A inserted 29
PART 6A--PORT MANAGEMENT PLANS 29
91A. Definition 29
91B. Application of other Acts 29
91C. Port manager's responsibilities for management plans 30
91D. Safety and environment management plans 31
91E. Certification of plans 33
91F. Audits of compliance 34
91G. Ministerial guidelines 36
91H. Ministerial directions 37
91I. Transitional provisions--management plans 38
19. Regulations 39
20. Consequential amendments 39
21. Amendments to allocation statements 40
22. New section 176A inserted 40
176A. Saving of port of Melbourne waters 40
23. Insertion of new Part 14 41
PART 14--TRANSITIONAL PROVISIONS--
ESTABLISHMENT OF PORT OF HASTINGS
CORPORATION 41
177. Definitions 41
178. Transfer of property etc. from HPHC to the new
corporation 41
179. Staff to be transferred from the old corporation to the
new corporation 42
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Clause Page
24. Insertion of new Part 15 44
PART 15--TRANSITIONAL PROVISIONS--
Victorian Legislation and Parliamentary Documents
ESTABLISHMENT OF VICTORIAN REGIONAL
CHANNELS AUTHORITY 44
180. Definitions 44
181. Transfer of property etc. from VCA to the new
corporation 45
182. Staff to be transferred from the old corporation to the
new corporation 46
25. New Part 16 inserted 48
PART 16--OTHER SAVINGS AND TRANSITIONALS 48
183. Savings for existing local authorities 48
26. Boards of Corporations 49
27. Consequential amendments--management plans 50
28. Consequential amendments--port management 50
29. Consequential amendments--POHC 51
30. Consequential amendments--VRCA 52
31. 52
Borrowing and Investment Powers Act 1987
32. 52
Docklands Act 1991
33. 53
Land Act 1958
34. 53
Marine Act 1988
35. 54
Treasury Corporation of Victoria Act 1992
ENDNOTES 55
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PARLIAMENT OF VICTORIA
Initiated in Assembly 7 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Port Services Act 1995 and the Marine Act 1988 to
make further provision for the establishment, management and
operation of ports in Victoria, to make consequential amendments to
other Acts and for other purposes.
Port Services (Port Management
Reform) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the Port
Services Act 1995 and the Marine Act 1988 to
make further provision for the establishment,
5 management and operation of ports in Victoria.
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1
Port Services (Port Management Reform) Act 2003
s. 2
Act No.
2. Commencement
(1) Sections 1, 3, 4, 7, 8, 12 to 17, 20, 21 and 22 and
Victorian Legislation and Parliamentary Documents
this section come into operation on the day after
the day on which this Act receives the Royal
5 Assent.
(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 of this Act does not come into
10 operation before 1 July 2004, it comes into
operation on that day.
3. Purpose
See: For section 1(a) of the Port Services Act 1995
Act No.
substitute--
82/1995.
Reprint No. 3
15 "(a) to establish bodies to manage and operate
as at
1 July 2003
certain commercial trading ports in Victoria;
and
and
amending
Act No.
(ab) to provide for the establishment,
23/2003.
LawToday:
management and operation of commercial
www.dms.
20 trading ports and local ports in Victoria;
dpc.vic.
gov.au
and".
4. Definition
In section 3 of the Port Services Act 1995 for the
definition of "port of Melbourne waters"
25 substitute--
' "port of Melbourne waters" means any waters
which by Order in Council made under
section 5(2) are declared to be port waters of
the port of Melbourne;'.
30 5. Declaration of port lands and waters
(1) In section 5(1) and (2) of the Port Services Act
1995 for "or the port of Hastings" substitute ", the
port of Hastings or any other commercial trading
port or a local port".
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(2) In section 5(3) of the Port Services Act 1995 for
"(1) or (2)" substitute "(1), (1A) or (2)".
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(3) After section 5(4) of the Port Services Act 1995
insert--
5 "(5) The Governor in Council may, by Order
published in the Government Gazette, amend
a declaration of port lands or a declaration of
port waters or a declaration of both port
lands and port waters so as to--
10 (a) include an area of lands and waters or
lands or waters in, or exclude an area of
lands and waters or lands or waters
from, that declaration; or
(b) correct any error in that description of
15 the lands or waters.
(6) A port consists of the area or areas of lands
and waters or lands or waters that are from
time to time declared in relation to that port
by Order of the Governor in Council under
20 this section.
(7) An Order of the Governor in Council may
describe an area of lands or waters by
reference to any map or plan lodged in the
Central Plan Office of the Department of
25 Sustainability and Environment.".
6. New section 6 inserted
After section 5 of the Port Services Act 1995
insert--
"6. Ports
30 The Governor in Council may by Order
published in the Government Gazette--
(a) name the port established by the area of
lands and waters or lands or waters
declared by an Order under section 5;
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(b) declare the port to be a commercial
trading port or a local port for the
purposes of this Act;
Victorian Legislation and Parliamentary Documents
(c) revoke the declaration of a port as a
5 commercial trading port or a local port;
(d) declare a port that has been declared by
Order in Council to be a local port to be
a commercial trading port;
(e) declare part of a port that has been
10 declared by Order in Council to be a
local port to be a commercial trading
port;
(f) declare a port that has been declared by
Order in Council to be a commercial
15 trading port to be a local port;
(g) declare part of a port that has been
declared by Order in Council to be a
commercial trading port to be a local
port;
20 (h) amend the name of a port that has been
established by Order in Council.".
7. Acquisition or disposal of land
At the end of section 15 of the Port Services Act
1995 insert--
25 "(2) Sub-section (1) does not apply to any interest
in land or class of interest in land exempted
by the Minister by notice in writing given to
the Port of Melbourne Corporation.".
4
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8. New section 16 inserted
After section 15 of the Port Services Act 1995
Victorian Legislation and Parliamentary Documents
insert--
"16. Transitional powers under leases
5 Despite the repeal of the Port of Melbourne
Authority Act 1958, the Port of Melbourne
Corporation may decline an option on a lease
that was in force immediately before the
relevant date under Part 8 having regard to
10 the requirements for port purposes pursuant
to the Port of Melbourne Authority Act
1958 as if that Act were still in operation.".
9. Substitution of Division 1A of Part 2
For Division 1A of Part 2 of the Port Services
15 Act 1995 substitute--
'Division 1A--Port of Hastings Corporation
17A. Establishment
(1) There is established a body to be known as
the "Port of Hastings Corporation".
20 (2) The Port of Hastings Corporation--
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
(c) may sue and be sued; and
25 (d) may acquire, hold and dispose of real
and personal property; and
(e) may do and suffer all acts and things
that a body corporate may, by law, do
and suffer.
5
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(3) All courts must take judicial notice of the
seal of the Port of Hastings Corporation
affixed to a document and, until the contrary
Victorian Legislation and Parliamentary Documents
is proved, must presume that it was duly
5 affixed.
(4) The official seal of the Port of Hastings
Corporation must be kept in such custody as
the Corporation directs and must not be used
except as authorised by the Corporation.
10 17B. Port of Hastings Corporation not to
represent the Crown
The Port of Hastings Corporation is a public
authority but does not represent the Crown.
17C. Objectives
15 The objectives of the Port of Hastings
Corporation are--
(a) to manage and develop the port of
Hastings in an economically, socially
and environmentally sustainable
20 manner;
(b) to ensure that essential port services of
the port of Hastings are available and
cost effective;
(c) to ensure, in co-operation with other
25 relevant responsible bodies, that the
port of Hastings is effectively
integrated with other systems of
infrastructure in the State;
(d) to facilitate, in co-operation with other
30 relevant responsible bodies, the
sustainable growth of trade through the
port of Hastings.
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17D. Functions
(1) The functions of the Port of Hastings
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Corporation are--
(a) to plan for the development and
5 operation of the port of Hastings;
(b) to provide land, waters and
infrastructure necessary for the
development and operation of the port
of Hastings;
10 (c) to develop, or enable and control the
development by others of, the whole or
any part of the port of Hastings;
(d) to manage, or enable and control the
management by others of, the whole or
15 any part of the port of Hastings;
(e) to provide, or enable and control the
provision by others of, services for the
operation of the port of Hastings;
(f) to promote and market the port of
20 Hastings;
(g) to facilitate the integration of
infrastructure and logistics systems in
the port of Hastings with relevant
systems outside the port.
25 (2) The Port of Hastings Corporation must carry
out its functions in a manner that--
(a) is safe and secure; and
(b) is environmentally sustainable; and
(c) is effective and efficient; and
30 (d) is commercially sound; and
(e) has regard for the persons living or
working in the immediate
neighbourhood of the port of Hastings.
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17E. Port operations
(1) The Port of Hastings Corporation must
Victorian Legislation and Parliamentary Documents
administer any port management agreement
in force in relation to the port of Hastings.
5 (2) The Port of Hastings Corporation must
notify the Minister and the Treasurer
immediately if--
(a) a port management agreement is
terminated; or
10 (b) a default occurs under the agreement;
or
(c) the Corporation has reason to believe it
is likely that--
(i) the port management agreement
15 may be terminated; or
(ii) a default may occur under the
agreement.
(3) The Port of Hastings Corporation must
notify the Minister and the Treasurer of its
20 recommended course of action consequent
on a termination or default or likely
termination or default notified under sub-
section (2).
17F. Powers of the Port of Hastings
25 Corporation
The Port of Hastings Corporation--
(a) subject to section 17G, may acquire or
dispose of real or personal property;
(b) may enter into contracts, agreements,
30 leases or licences;
(c) may employ agents or contractors;
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(d) may act as an agent of another person;
(e) may form, or participate in the
Victorian Legislation and Parliamentary Documents
formation of, or be a member of,
companies;
5 (f) may form, participate in the formation
of, and may participate in, partnerships,
trusts, unincorporated joint ventures
and other arrangements for sharing
profits;
10 (g) may act as trustee;
(h) may engage in any business,
undertaking or activity incidental to the
performance of its functions;
(i) may act as a committee of management
15 under the Crown Land (Reserves) Act
1978;
(j) may do all things necessary or
convenient to be done for, or in
connection with, the carrying out of its
20 functions.
17G. Acquisition or disposal of land by the
Corporation to be approved by Minister
(1) The Port of Hastings Corporation must
obtain the approval of the Minister before
25 acquiring or disposing of any interest in land.
(2) Sub-section (1) does not apply to any interest
in land or class of interest in land exempted
by the Minister by notice in writing given to
the Port of Hastings Corporation.'.
9
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10. New Division 2 of Part 2 inserted
For Division 2 of Part 2 of the Port Services Act
Victorian Legislation and Parliamentary Documents
1995 substitute--
'Division 2--Victorian Regional Channels
5 Authority
18AA. Division not to apply to port of Melbourne
waters
Nothing in this Division applies to port of
Melbourne waters and channels in port of
10 Melbourne waters.
18. Establishment of VRCA
(1) There is established a body by the name
"Victorian Regional Channels Authority".
(2) VRCA--
15 (a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real
20 and personal property;
(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
(3) All courts must take judicial notice of the
25 seal of VRCA affixed to a document and,
until the contrary is proved, must presume
that it was duly affixed.
(4) The official seal of VRCA must be kept in
such custody as VRCA directs and must not
30 be used except as authorised by VRCA.
10
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19. VRCA not to represent the Crown
VRCA is a public authority but does not
Victorian Legislation and Parliamentary Documents
represent the Crown.
20. Objective
5 The main objective of VRCA is to ensure
that port waters and channels in port waters
are managed for use on a fair and reasonable
basis.
21. Functions and powers
10 (1) The VRCA is responsible for ensuring that
the following functions are carried out in
relation to port waters and channels in port
waters in commercial trading ports--
(a) the establishment, management and, in
15 accordance with the standards
developed by the Director of Marine
Safety, the dredging and maintenance
of the channels in the port waters;
(b) the provision and maintenance, in
20 accordance with the standards
developed by the Director of Marine
Safety, of navigation aids in connection
with navigation in the port waters;
(c) the general direction and control of the
25 movement of vessels within the port
waters in accordance with the Marine
Act 1988.
(2) The VRCA may carry out its functions under
sub-section (1) in relation to a commercial
30 trading port--
(a) by arranging for the port manager or
another person to carry out those
functions for the port waters and
channels in the port; or
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(b) in the absence of any arrangement with
a port manager or person under
paragraph (a), by itself carrying out
Victorian Legislation and Parliamentary Documents
those functions for the port waters and
5 channels in the port.
(3) The VRCA also has the following
functions--
(a) to provide technical advice and support
to port managers about the management
10 and operation of port waters and
channels in port waters;
(b) at the request of the port manager and
with the approval of the Minister, to
assist a port manager with integrated
15 planning, development, management
and promotion activities for the port.
(4) VRCA--
(a) may acquire real or personal property
and may dispose of any such property
20 acquired by it;
(b) may enter into contracts, agreements,
leases and licences for the carrying out
of its functions;
(c) may take and hold indemnities;
25 (d) without limiting paragraph (b), may
enter into contracts (including contracts
of indemnity) for the provision of
services or facilities;
(e) may employ agents or contractors;
30 (f) may act as agent of another person;
(g) may do all things necessary or
convenient to be done for, or in
connection with, carrying out its
functions.
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(5) Without limiting the generality of the powers
conferred on it, VRCA--
Victorian Legislation and Parliamentary Documents
(a) may form, or participate in the
formation of, or be a member of
5 companies;
(b) may form, or participate in the
formation of, and may participate in,
partnerships, trusts, unincorporated
joint ventures and other arrangements
10 for the sharing of profits;
(c) may act as trustee;
(d) may engage in any business,
undertaking or activity incidental to the
performance of its functions.
15 (6) VRCA may carry out its functions and
exercise its powers within or outside Victoria
and outside Australia.
(7) VRCA must carry out its functions in a
manner that--
20 (a) is safe and secure; and
(b) is environmentally sustainable; and
(c) is effective and efficient; and
(d) is commercially sound; and
(e) has regard for the persons living or
25 working in the immediate
neighbourhood of the area where it is
carrying out the functions.
22. Dredging
Without limiting the generality of the powers
30 conferred on it but subject to obtaining any
permit, consent or other authority required
by or under any other Act, VRCA in
connection with carrying out its functions--
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(a) may alter, dredge, cleanse, scour,
straighten and improve the bed and
channel of any river or sea-bed in port
Victorian Legislation and Parliamentary Documents
waters;
5 (b) may reduce or remove any banks or
shoals within any such river or sea-bed;
(c) may abate and remove impediments,
obstructions and nuisances in, or on the
banks and shores of, any such river or
10 sea-bed that are injurious to the river or
sea-bed or that obstruct or tend to
obstruct navigation.'.
11. New Part 2A inserted
After Part 2 of the Port Services Act 1995
15 insert--
"PART 2A--LOCAL PORTS
44A. Appointment of port managers of local
ports
(1) The Governor in Council may by instrument
20 appoint as the port manager of a local port a
committee of management of Crown land
that is within the port.
(2) The Governor in Council may--
(a) revoke the appointment of a port
25 manager of a local port;
(b) if the name of a port manager changes,
make corresponding amendments to the
instrument of appointment of the port
manager.
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(3) A port manager for a local port has the
following functions--
Victorian Legislation and Parliamentary Documents
(a) to manage the operations of the port,
particularly with respect to shipping
5 and boating activities in the port, with a
view to ensuring that those operations
are carried out safely, efficiently and
effectively;
(b) to provide, develop and maintain port
10 facilities, including wharves, jetties,
slipways, breakwaters, moorings,
buildings and vehicle parks;
(c) to provide, develop and maintain, in
accordance with any relevant standards
15 developed by the Director of Marine
Safety, navigational aids in the port;
(d) to carry out the functions and powers of
a local authority under the Marine Act
1988 in respect of any State waters
20 within the port;
(e) to provide, develop and maintain, in
accordance with any relevant standards
developed by the Director of Marine
Safety, navigation channels in the port;
25 (f) to manage the operations of the port,
and the construction and operation of
port facilities and navigation channels
in a manner that minimises the risk of
environmental damage;
30 (g) to participate in the control of marine
and land pollution in the port as a
relevant statutory authority under the
Victorian component of the National
Plan to Combat Pollution of the Sea by
35 Oil and Other Noxious and Hazardous
Substances;
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(h) to allocate and manage moorings and
berths in the port;
Victorian Legislation and Parliamentary Documents
(i) to exercise any other functions of the
port manager of a local port under this
5 or any other Act;
(j) to do anything else in relation to the
port that is specified by Order of the
Governor in Council under sub-
section (4).
10 (4) The Governor in Council on the
recommendation of the Minister may
declare, by Order published in the
Government Gazette--
(a) that port managers are to have
15 additional functions in relation to local
ports;
(b) that a particular port manager is to have
an additional function in relation to its
local port or to a specified part of its
20 local port;
(c) that a particular port manager is not to
have a particular function (including a
function referred to in sub-section (3))
in relation to its local port or to a
25 specified part of its local port.
(5) The Minister must not make a
recommendation under sub-section (4)
unless the Minister--
(a) has consulted with--
30 (i) the Minister administering the
Crown Land (Reserves) Act
1978; and
(ii) the Minister administering the
Coastal Management Act 1995;
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(b) is satisfied that the additional functions
are necessary or desirable because of
the particular operations or location of
Victorian Legislation and Parliamentary Documents
the port.
5 (6) The Order in Council must specify the
function that is being added or removed.
(7) An Order in Council takes effect on the day
after the day the Order is published in the
Government Gazette, or on any later date
10 specified in the Order.
44B. General powers of port managers
(1) A port manager of a local port may do all
things that are necessary or convenient to
enable it to carry out its functions under
15 section 44A.
(2) Without limiting sub-section (1), a port
manager may--
(a) enter into other contracts and
agreements (including contracts of
20 indemnity and contracts for the
provision of services or facilities);
(b) employ staff, or engage consultants,
contractors or agents;
(c) exercise its powers outside the port
25 lands or waters of the port to the extent
necessary or convenient to carry out the
functions of port manager of that port
or to ensure the safe operation of the
port.
30 44C. Delegation
The port manager of a local port may
delegate, in writing, any power conferred on
it by or under this Act (other than this power
of delegation) to any of its employees.
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44D. Charges
(1) The port manager of a local port may impose
Victorian Legislation and Parliamentary Documents
a charge for the use of any facility in the
port.
5 (2) A reference to the use of a facility includes a
reference--
(a) to the use of a channel in the port; and
(b) to the use of any service provided by
the port manager.
10 (3) The amount of a charge imposed under this
section in respect of a facility must not
exceed the maximum charge (if any) that the
regulations state is to be the maximum
amount that may be charged by a port
15 manager for the use of such a facility.
(4) In imposing a charge under this section, the
port manager may--
(a) make allowances for differences in
time, place or circumstance relating to
20 the use of the facility for which the
charge is being imposed; and
(b) may provide for exemptions from the
charge in specified circumstances.
(5) In imposing a charge, the port manager must
25 specify who is to be liable for paying the
charge.
(6) The port manager must ensure that it does
not impose a charge on a person for using a
facility unless it gave the person adequate
30 notice of the charge before the person
became liable to pay the charge.
(7) A charge imposed under this section is a debt
due to the port manager by the person who is
liable to pay it.
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(8) A port manager may charge interest at the
rate not exceeding the rate fixed under
section 2 of the Penalty Interest Rates Act
Victorian Legislation and Parliamentary Documents
1983 on any unpaid charge that is due to the
5 local authority.
44E. Dredging
Subject to obtaining any permit, consent or
other authority required by or under any
other Act, the port manager of a local port
10 may, in carrying out its functions--
(a) alter, dredge, cleanse, scour, straighten
and improve the bed and channel of any
river or sea-bed in port waters;
(b) reduce or remove any banks or shoals
15 within any such river or sea-bed;
(c) abate and remove impediments,
obstructions and nuisances in, or on the
banks and shores of, any such river or
sea-bed that are injurious to the river or
20 sea-bed or that obstruct, or that may
tend to obstruct, navigation.
44F. Other works
Subject to obtaining any permit, consent or
other authority required by or under any
25 other Act, in carrying out its functions in
relation to the provision, development and
maintenance of port facilities, a port manager
of a local port may--
(a) change the natural or existing condition
30 or topography of land;
(b) remove vegetation or topsoil;
(c) reclaim or decontaminate land;
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(d) construct, demolish or substantially
alter any structure in or on land;
Victorian Legislation and Parliamentary Documents
(e) remove, decommission or make safe
any existing facility.
5 44G. Port manager may act as harbour master
if there is no harbour master
(1) This section applies if there is no harbour
master for a local port.
(2) Sections 26D, 26E, 26F, 26G and 26I of the
10 Marine Act 1988 apply as if a reference in
those provisions to a harbour master were a
reference to the local authority for the port.".
12. New section 49 substituted
For section 49 of the Port Services Act 1995
15 substitute--
"49. Price regulation
For the purposes of Part 3 of the Essential
Services Commission Act 2001--
(a) the port industry in a commercial
20 trading port is a regulated industry;
(b) the prices charged for the provision of,
or in connection with, prescribed
services in respect of the regulated
industry, other than prescribed prices
25 for prescribed services within the
meaning of the Grain Handling and
Storage Act 1995, are prescribed
prices;
(c) the following are prescribed services--
30 (i) the provision of channels for use
by shipping;
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(ii) the provision of berths, buoys or
dolphins in connection with the
berthing of vessels in the ports of
Victorian Legislation and Parliamentary Documents
Melbourne, Geelong, Portland and
5 Hastings;
(iii) the provision of short term storage
or cargo marshalling facilities in
connection with the loading or
unloading of vessels at berths,
10 buoys or dolphins in the ports of
Melbourne, Geelong, Portland and
Hastings;
(iv) the connection of water or
electricity to berthed vessels in the
15 ports of Geelong and Portland;
(v) towage in the ports of Geelong,
Portland and Hastings.".
13. Price determination powers
After section 54(3) of the Port Services Act 1995
20 insert--
"(4) The Commission may, when making a
determination in relation to prescribed
services in a commercial trading port, have
regard to the costs associated with any
25 service related to the prescribed services if--
(a) the related service is necessary or
essential to the provision of prescribed
services; and
(b) the related service cannot readily be
30 provided by another provider; and
(c) it is not feasible to charge a separate
price for the related service.
(5) Without limiting sub-section (4), the
Commission may, when making a
35 determination in relation to prescribed
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services in the port of Melbourne, have
regard to a related service required to meet
the Port of Melbourne Corporation's
Victorian Legislation and Parliamentary Documents
objectives under section 12 including the
5 following services--
(a) the provision of rail and road
infrastructure within the port that is
necessary for moving cargo to or from
berthing facilities or short term storage
10 facilities or cargo marshalling facilities;
(b) the provision of land to satisfy safety,
security, planning or environmental
requirements;
(c) the provision of safety, security,
15 emergency or environmental
management services that are required
by law or to meet the reasonable
expectations that the community has of
the Corporation;
20 (d) the provision of strategic planning for
the port;
(e) the facilitation of trade through the
port.".
14. Financial and business records
25 For section 56(1) of the Port Services Act 1995
substitute--
"(1) A provider of prescribed services must keep
financial and business records--
(a) in respect of the provision of channels
30 for use by shipping that are separate
from financial and business records for
other prescribed services; and
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(b) in respect of prescribed services that are
separate from any financial and
business records for other aspects of
Victorian Legislation and Parliamentary Documents
any business conducted by the provider
5 of prescribed services.".
15. Disputes about access
(1) In section 60(7) of the Port Services Act 1995 for
"sub-section (8)" substitute "sub-sections (7A)
and (8)".
10 (2) For section 60(8) of the Port Services Act 1995
substitute--
"(7A) The Commission may extend the 90 day time
limit in sub-section (7) for a period or
periods not exceeding 45 days if the
15 Commission--
(a) is unable to determine the application
within the period of 90 days or any
further periods of 45 days; and
(b) notifies the person seeking access and
20 the channel operator of the extension of
time and the reasons why the
Commission needs further time to
determine the application; and
(c) publishes the notice under paragraph
25 (b) in the Government Gazette.
(8) Without limiting any other powers of the
Commission, the Commission may refuse to
make a determination if--
(a) the Commission considers that the
30 application is vexatious; or
(b) the Commission is satisfied that--
(i) the channel operator has complied
with the obligations under
section 59; or
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(ii) the terms and conditions of access
being offered by the person
seeking access do not constitute a
Victorian Legislation and Parliamentary Documents
taking advantage of a substantial
5 degree of market power in the
provision of the prescribed
services; or
(iii) having regard to the objectives of
the Commission under section 48
10 and under the Essential Services
Commission Act 2001 and to any
other matter that the Commission
considers relevant, it is
appropriate to refuse to make a
15 determination.
(8A) A person who is aggrieved by a decision of
the Commission to refuse to make a
determination under this section, may appeal
as if that decision were a determination for
20 the purposes of section 55(1)(c) of the
Essential Services Commission Act 2001.".
16. Inquiries about channels
In section 62(1) of the Port Services Act 1995 for
"2004" substitute "2008".
25 17. New sections 63AA to 63AD inserted
After section 63 of the Port Services Act 1995
insert--
'63AA. Procedures and powers of the
Commission
30 (1) Except as provided in sub-sections (2) and
(3), sections 37 and 38 of the Essential
Services Commission Act 2001 apply to
this Act.
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(2) Section 37(4) of the Essential Services
Commission Act 2001 does not apply to a
requirement made under section 63AB(1).
Victorian Legislation and Parliamentary Documents
(3) Section 38 of the Essential Services
5 Commission Act 2001 only applies to
information or a document required under
section 63AB(1)(a) if the Commission
proposes to disclose the information or
document to a person who is not identified
10 by the Commission under that section.
63AB. Commission may give directions in
relation to a dispute
(1) The Commission, for the purposes of
facilitating negotiations or determining a
15 dispute under this Division, may require a
person who is or was a party to the dispute to
do, or refrain from doing, something,
including--
(a) requiring a person to give relevant
20 information or a document to one or
more other persons identified by the
Commission, and copies to the
Commission, subject to section 63AC;
(b) requiring a person to carry out
25 reasonable research or investigations in
order to obtain relevant information;
(c) prohibiting a person from imposing, or
seeking to impose, an unreasonable
procedural condition on the person's
30 participation in negotiations;
(d) requiring a person to respond in writing
to another person's proposal or request
in relation to the time and place of a
meeting;
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(e) requiring a person, or a representative
of a person, to attend a mediation
conference.
Victorian Legislation and Parliamentary Documents
(2) For the purposes of sub-section (1)(c) "an
5 unreasonable procedural condition"
includes a requirement by one party that the
other party or parties to the dispute must not
disclose to the Commission information or a
document provided in the course of
10 negotiations.
(3) A person must not, without lawful excuse,
disobey a requirement of the Commission
made under this section.
Penalty: 120 penalty units.
15 63AC. Confidentiality agreements
(1) This section applies if--
(a) the Commission makes a requirement
under section 63AB(1)(a); and
(b) the person in control or possession of
20 the information or document ("the
disclosing party") notifies the
Commission in writing that the
information or document is of a
confidential or commercially sensitive
25 nature; and
(c) the Commission notifies the person that
the information or document must still
be provided in accordance with section
63AB(1)(a).
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(2) If, under sub-section (1)(c), the Commission
notifies the disclosing party that the
information or document must still be
Victorian Legislation and Parliamentary Documents
provided in accordance with section
5 63AB(1)(a), the disclosing party may require
the person receiving the information or
document ("the receiving party") to enter
into a confidentiality agreement.
(3) The terms of a confidentiality agreement
10 may be proposed by the disclosing party and
those terms must be promptly notified to the
Commission and to the receiving party.
(4) If the Commission considers that the terms
of the proposed confidentiality agreement are
15 unreasonable, the Commission may decide to
amend or delete those terms or substitute
other terms.
63AD. Appeals
(1) A person who is aggrieved by a requirement
20 of the Commission under section 63AB(1)(a)
or a decision of the Commission under
section 63AC(4) may appeal against that
requirement or decision.
(2) An appeal may only be made on the ground
25 that--
(a) the requirement or decision was not
made in accordance with the law; or
(b) the requirement or decision is
unreasonable having regard to all
30 relevant circumstances.
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(3) The person must lodge notice of the appeal
with the Commission within 7 working days
after the person is given notice of the
Victorian Legislation and Parliamentary Documents
requirement or decision.
5 (4) On the hearing of an appeal under this
section, the Commission bears the onus of
establishing that--
(a) the requirement or decision was made
in accordance with the law; and
10 (b) the requirement or decision is
reasonable having regard to all relevant
circumstances.
(5) Sections 56 to 59 of the Essential Services
Commission Act 2001 apply to an appeal
15 under this section with the following
paragraph inserted after section 56(7)(d)--
"(e) in the case of an appeal under section
63AD(1) of the Port Services Act
1995--
20 (i) may affirm, cancel or modify the
requirement made under section
63AB(1)(a) of that Act;
(ii) may affirm, cancel or modify the
terms of a confidentiality
25 agreement decided by the
Commission under section
63AC(4) of that Act;
(iii) may remit the matter back to the
Commission to be dealt with in
30 accordance with the decision and
recommendations (if any) of the
appeal panel;
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(iv) must hear and decide the appeal
within 7 working days after the
appeal panel was constituted or, if
Victorian Legislation and Parliamentary Documents
the appeal panel requires further
5 time, within a further period not
exceeding 7 working days.".'.
18. New Part 6A inserted
After Part 6 of the Port Services Act 1995
insert--
10 'PART 6A--PORT MANAGEMENT PLANS
91A. Definition
In this Part--
"relevant Ministers" means the Ministers
administering the Dangerous Goods
15 Act 1985, the Environment
Protection Act 1970, the Marine Act
1988, the Occupational Health and
Safety Act 1985 and the Emergency
Management Act 1986.
20 91B. Application of other Acts
(1) This Part has effect in addition to, and not in
derogation of, any Act referred to in the
definition of "relevant Ministers".
(2) If a provision of this Part is inconsistent with
25 a provision of an Act referred to in the
definition of "relevant Ministers", the
provision of the Act referred to in the
definition prevails to the extent of any
inconsistency.
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91C. Port manager's responsibilities for
management plans
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(1) A port manager must ensure that--
(a) a safety management plan; and
5 (b) an environment management plan--
are prepared and certified in accordance with
this Part for the port or part of the port that
the port manager manages, superintends or
controls.
10 Penalty: 240 penalty units, in the case of a
commercial trading port and
60 penalty units in the case of a
local port.
(2) A port manager must ensure that reasonable
15 steps are taken to--
(a) implement the measures or strategies
that are specified in the management
plan to prevent or reduce the hazards
and risks associated with the operation
20 of the port; and
(b) follow the processes that are set out in
the management plan to involve
tenants, licensees and service providers
in the port with the implementation of
25 the management plan; and
(c) follow the procedures that are set out in
the management plan for implementing,
reviewing and revising the management
plan.
30 Penalty: 240 penalty units, in the case of a
commercial trading port and
60 penalty units in the case of a
local port.
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(3) The port manager must comply with any
written direction of the Minister under
section 91H.
Victorian Legislation and Parliamentary Documents
Penalty: 240 penalty units, in the case of a
5 commercial trading port and
60 penalty units in the case of a
local port.
(4) The port manager must ensure that copies of
the following documents are kept at the
10 office of the port manager at the port--
(a) the port safety management plan and
the environment management plan for
the port; and
(b) the certificates required to be attached
15 to those plans; and
(c) audit reports on the management plans
prepared under section 91F.
Penalty: 20 penalty units.
(5) The port manager must ensure that copies of
20 the documents referred to in sub-section (4)
are made available for inspection by a person
authorised in writing by the Minister to have
access to those documents.
Penalty: 20 penalty units.
25 91D. Safety and environment management
plans
(1) A management plan must--
(a) identify by a description, map or plan
the area or areas of the port lands and
30 waters to which it applies;
(b) identify the nature and extent of the
hazards and risks associated with the
operation of the port;
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(c) assess the likely impact of those
hazards and risks on the port and the
surrounding area;
Victorian Legislation and Parliamentary Documents
(d) specify the measures and strategies to
5 be implemented to prevent or reduce
those hazards or risks;
(e) nominate the person who is to be
responsible for implementing those
measures and strategies;
10 (f) set out the processes to be followed to
involve tenants, licensees and service
providers in the port with the
implementation of the management
plan;
15 (g) set out the procedures to be followed
for implementing, reviewing and
revising the management plan.
(2) The safety management plan and the
environment management plan for a port
20 must be prepared and certified in accordance
with this Part within 12 months after the
declaration of the port under section 6 or any
later date that is fixed by the Minister with
respect to the port.
25 (3) A management plan remains in force for--
(a) 4 years after the plan was certified in
accordance with section 91E(1) or (2),
in the case of a commercial trading
port; and
30 (b) 6 years after the plan was certified in
accordance with section 91E(1) or (3),
in the case of a local port; and
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(c) any other period that the Minister
determines under section 91H, in the
case of a commercial trading port or a
Victorian Legislation and Parliamentary Documents
local port.
5 (4) A certificate for a management plan under
section 91E must be attached to the
management plan at all times when the plan
is in force.
91E. Certification of plans
10 (1) A safety management plan for a commercial
trading port and a local port must be certified
by a person who is approved by the Minister
in accordance with sub-section (5) that the
management plan--
15 (a) adequately provides for the matters
required by section 91D(1); and
(b) has been prepared in accordance with
Ministerial guidelines made under
section 91G.
20 (2) An environment management plan for a
commercial trading port must be certified by
an environmental auditor appointed under
section 53S of the Environment Protection
Act 1970 that the plan--
25 (a) adequately provides for the matters
required by section 91D(1); and
(b) has been prepared in accordance with
Ministerial guidelines made under
section 91G.
30 (3) An environment management plan for a local
port must be certified by a person who is
approved by the Minister in accordance with
sub-section (6) or an environmental auditor
appointed under section 53S of the
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Environment Protection Act 1970 that the
plan--
Victorian Legislation and Parliamentary Documents
(a) adequately provides for the matters
required by section 91D(1); and
5 (b) has been prepared in accordance with
Ministerial guidelines made under
section 91G.
(4) A person who has certified a management
plan under this section must forward a copy
10 of the certificate to the Minister within
21 days after the person has certified the
plan.
(5) The Minister may, after consulting the
relevant Ministers, approve a person to
15 certify and audit safety management plans
for a commercial trading port or a local port
if the Minister is satisfied the person has the
appropriate qualifications or experience in
safety assessment or safety management to
20 certify the plans and conduct the audits.
(6) The Minister may, after consulting the
relevant Ministers, approve a person to
certify and audit environment management
plans for a local port if the Minister is
25 satisfied that the person has the appropriate
qualifications or experience in environmental
assessment or environmental management to
certify the plans and conduct the audits.
91F. Audits of compliance
30 (1) The port manager of a commercial trading
port must ensure that, within 2 years after the
environment management plan for the port is
certified under section 91E, an
environmental auditor appointed under
35 section 53S of the Environment Protection
Act 1970--
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(a) reviews the management plan to
determine whether it continues to
adequately provide for the matters
Victorian Legislation and Parliamentary Documents
required by section 91D(1); and
5 (b) conducts an audit to determine whether
the port manager is complying with the
management plan for the port.
(2) The port manager of a local port must ensure
that, within 3 years after the environment
10 management plan for the port is certified
under section 91E, a person approved in
accordance with section 91E(6)--
(a) reviews the management plan to
determine whether it continues to
15 adequately provide for the matters
required by section 91D(1); and
(b) conducts an audit to determine whether
the port manager is complying with the
management plan for the port.
20 (3) The port manager of a commercial trading
port must ensure that, within 2 years after the
safety management plan for the port is
certified under section 91E, a person
approved in accordance with section
25 91E(5)--
(a) reviews the management plan to
determine whether it continues to
adequately provide for the matters
required by section 91D(1); and
30 (b) conducts an audit to determine whether
the port manager is complying with the
management plan for the port.
(4) The port manager of a local port must ensure
that, at least once every 3 years after the
35 safety management plan for the port is
certified under section 91E, a person
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approved in accordance with section
91E(5)--
Victorian Legislation and Parliamentary Documents
(a) reviews the management plan to
determine whether it continues to
5 adequately provide for the matters
required by section 91D(1); and
(b) conducts an audit to determine whether
the port manager is complying with the
management plan for the port.
10 (5) A person who has audited a management
plan under this section must--
(a) prepare a report to the port manager
about the outcomes of the audit and the
person's recommendations (if any)
15 about any changes required to the plan
or to the operations of the port to
comply with the plan; and
(b) forward a copy of the report to the
Minister within 21 days after the person
20 has completed the report.
91G. Ministerial guidelines
(1) The Minister may issue guidelines about the
following matters in relation to management
plans--
25 (a) the form of the plans;
(b) the content of the plans;
(c) the method and process for preparing
the plans;
(d) the processes to enable tenants,
30 licensees and service providers in the
port to be involved in the preparation
and implementation of the plans;
(e) the processes for consultation with
people affected by the plans;
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(f) the publication and availability of
management plans.
Victorian Legislation and Parliamentary Documents
(2) The guidelines must be published in the
Government Gazette and made available for
5 inspection free of charge at the office of the
Minister.
(3) The Minister must consult with the relevant
Ministers before issuing guidelines under
this section.
10 91H. Ministerial directions
(1) The Minister may, by notice in writing to a
port manager, direct that a management plan
for the port must be prepared within any time
fixed by the Minister other than that required
15 by this Part.
(2) The Minister may, by notice in writing to a
port manager, direct that the management
plan for the port remains in force for any
longer or shorter period than that required by
20 section 91D(3).
(3) The Minister may, by notice in writing to a
port manager, direct the port manager to--
(a) implement any of the measures or
strategies that are specified in the
25 management plan to prevent or reduce
the hazards and risks associated with
the operation of the port; or
(b) follow the processes that are set out in
the management plan to involve
30 tenants, licensees and service providers
in the port with the implementation of
the management plan; or
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(c) follow any procedures that are set out
in the management plan for
implementing, reviewing and revising
Victorian Legislation and Parliamentary Documents
the plan.
5 (4) The Minister may, after consulting with the
relevant Ministers, by notice in writing to a
port manager, direct the port manager to
have a safety management plan or an
environment management plan for the port
10 audited in accordance with section 91F at
other times in addition to those required by
section 91F if the Minister is of the opinion
that the audit is necessary.
(5) The Minister may, by notice in writing to a
15 port manager, direct the port manager to
amend a management plan for the port to
implement any recommendation of the
person who has conducted an audit of the
management plan under section 91F to make
20 changes to the plan so that it continues to
adequately provide for the matters required
by section 91D(1).
91I. Transitional provisions--management
plans
25 Despite section 91C, the port manager of a
port that was operating immediately before
the date of commencement of section 18 of
the Port Services (Port Management
Reform) Act 2003 must comply with
30 section 91C within 12 months after that date
or any later date that is fixed by the Minister
with respect to the port.'.
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19. Regulations
(1) For section 98(1) of the Port Services Act 1995
Victorian Legislation and Parliamentary Documents
substitute--
"(1) The Governor in Council may, with respect
5 to commercial trading ports managed by a
port corporation or local ports generally or
with respect to a specified commercial
trading port managed by a port corporation
or local port, make regulations for or with
10 respect to--
(a) the management of the ports or port;
(b) the conduct and behaviour of people
within the ports or port, and the
conditions on which people may be
15 admitted to, or excluded from, any part
of the ports or port;
(c) traffic co-ordination and the movement
and the parking of vehicles within the
ports or port;
20 (d) prescribing penalties not exceeding
5 penalty units for breaches of the
regulations;
(e) prescribing any other matter or thing
authorised or required to be prescribed
25 or necessary or convenient to be
prescribed for carrying this Act into
effect with respect to the ports or port.".
(2) In section 98(2) of the Port Services Act 1995
omit "Melbourne".
30 20. Consequential amendments
In the Port Services Act 1995--
(a) in section 165, for "Division" substitute
"Part";
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(b) in section 165 insert the following
definition--
Victorian Legislation and Parliamentary Documents
' "new corporation" means the Port of
Melbourne Corporation established
5 under Part 10;';
(c) in sections 169(b) and 170, for "relevant
date" substitute "appointed day".
21. Amendments to allocation statements
After section 166(3) of the Port Services Act
10 1995 insert--
"(3A) The Treasurer, after consultation with the
Minister, may at any time direct the VCA to
amend a statement given to him or her under
this section as specified in the direction.
15 (3B) An allocation statement under this section
may be amended by writing signed by the
Treasurer and the Minister.
(3C) An amendment under sub-section (3B) to an
allocation statement made after the appointed
20 day in relation to that statement may be
made with effect from the appointed day if
the Treasurer and the Minister are satisfied
that the amendment does not adversely affect
any property, rights or liabilities of a person
25 other than the VCA or the new corporation
in relation to that statement.".
22. New section 176A inserted
After section 176 of the Port Services Act 1995
insert--
30 "176A. Saving of port of Melbourne waters
Any waters that were declared to be port of
Melbourne waters or any waters declared to
be port waters of the port of Melbourne
immediately before the commencement of
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section 4 of the Port Services (Port
Management Reform) Act 2003 are
deemed to be port of Melbourne waters.".
Victorian Legislation and Parliamentary Documents
23. Insertion of new Part 14
5 After Part 13 of the Port Services Act 1995
insert--
'PART 14--TRANSITIONAL PROVISIONS--
ESTABLISHMENT OF PORT OF HASTINGS
CORPORATION
10 177. Definitions
In this Part--
"commencement day" means the day on
which section 23 of the Port Services
(Port Management Reform) Act 2003
15 comes into operation;
"old corporation" means HPHC, within the
meaning of this Act, as in force
immediately before the commencement
day;
20 "new corporation" means the Port of
Hastings Corporation, within the
meaning of this Act, as in force on and
from the commencement day;
"transferred employee" means an
25 employee of the old corporation who is
deemed to be an employee of the new
corporation by section 179(1).
178. Transfer of property etc. from HPHC to
the new corporation
30 Except as otherwise provided in this Act, on
and from the commencement day--
(a) the old corporation is abolished and the
directors go out of office; and
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(b) all rights, property and assets that,
immediately before the commencement
day were vested in the old corporation,
Victorian Legislation and Parliamentary Documents
vest in the new corporation; and
5 (c) all debts, liabilities and obligations of
the old corporation existing
immediately before the commencement
day, become debts, liabilities and
obligations of the new corporation; and
10 (d) the new corporation is substituted as a
party to any proceedings pending in any
court or tribunal to which the old
corporation was a party, immediately
before the commencement day; and
15 (e) the new corporation is substituted as a
party to any contract or arrangement
entered into by or on behalf of the old
corporation and in force immediately
before the commencement day; and
20 (f) any reference to the old corporation in
any Act or in any proclamation, Order
in Council, rule, regulation, order,
agreement, instrument, deed or other
document, so far as it relates to any
25 period after the commencement day,
and if not inconsistent with the context
or subject matter, must be construed as
a reference to the new corporation.
179. Staff to be transferred from the old
30 corporation to the new corporation
(1) A person who was an employee of the old
corporation immediately before the
commencement day is deemed to be an
employee of the new corporation.
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(2) A transferred employee is to be regarded
as--
Victorian Legislation and Parliamentary Documents
(a) being employed in his or her new
position with effect on and from the
5 commencement day; and
(b) having the same terms and conditions
as those that applied to the person in
relation to his or her employment with
the old corporation immediately before
10 the commencement day; and
(c) having accrued an entitlement to
benefits in connection with the
employment with the new corporation
that is equivalent to the entitlement that
15 the person had accrued, as an employee
of the old corporation, immediately
before the commencement day.
(3) The service of a transferred employee with
the new corporation is to be regarded for all
20 purposes as having been continuous with the
service of the transferred employee,
immediately before the commencement day,
as an employee of the old corporation.
(4) A transferred employee is not entitled to
25 receive any payment or other benefit by
reason only of having ceased to be an
employee of the old corporation because of
the operation of this Part.
(5) A certificate purporting to be signed by the
30 chief executive officer of the new
corporation certifying that the person named
in the certificate was, with effect from the
commencement day, employed, by virtue of
this section, with the new corporation, is
35 admissible in evidence in any proceedings
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and is conclusive proof of the matters stated
in it.
Victorian Legislation and Parliamentary Documents
(6) The superannuation entitlements of any
person who is a transferred employee are
5 deemed not to be affected by that person
becoming a transferred employee.
(7) If a transferred employee was, immediately
before the appointed day an officer within
the meaning of the State Superannuation
10 Act 1988, he or she continues to be such an
officer.
(8) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a transferred employee
15 from being altered by or under any law,
award or agreement with effect from
any time after the commencement day;
or
(b) a transferred employee from resigning
20 or being dismissed at any time after the
commencement day in accordance with
the existing terms and conditions of his
or her employment with the new
corporation.'.
25 24. Insertion of new Part 15
After Part 14 of the Port Services Act 1995
insert--
'PART 15--TRANSITIONAL PROVISIONS--
ESTABLISHMENT OF VICTORIAN REGIONAL
30 CHANNELS AUTHORITY
180. Definitions
In this Part--
"commencement day" means the day on
which section 24 of the Port Services
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(Port Management Reform) Act 2003
comes into operation;
Victorian Legislation and Parliamentary Documents
"old corporation" means VCA, within the
meaning of this Act, as in force
5 immediately before the commencement
day;
"new corporation" means the VRCA,
within the meaning of this Act, as in
force on and from the commencement
10 day;
"transferred employee" means an
employee of the old corporation who is
deemed to be an employee of the new
corporation by section 182(1).
15 181. Transfer of property etc. from VCA to the
new corporation
Except as otherwise provided in this Act, on
and from the commencement day--
(a) the old corporation is abolished and the
20 directors go out of office; and
(b) all rights, property and assets that,
immediately before the commencement
day were vested in the old corporation,
vest in the new corporation; and
25 (c) all debts, liabilities and obligations of
the old corporation existing
immediately before the commencement
day, become debts, liabilities and
obligations of the new corporation; and
30 (d) the new corporation is substituted as a
party to any proceedings pending in any
court or tribunal to which the old
corporation was a party, immediately
before the commencement day; and
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(e) the new corporation is substituted as a
party to any contract or arrangement
entered into by or on behalf of the old
Victorian Legislation and Parliamentary Documents
corporation and in force immediately
5 before the commencement day; and
(f) any reference to the old corporation in
any Act or in any proclamation, Order
in Council, rule, regulation, order,
agreement, instrument, deed or other
10 document, so far as it relates to any
period after the commencement day,
and if not inconsistent with the context
or subject matter, must be construed as
a reference to the new corporation.
15 182. Staff to be transferred from the old
corporation to the new corporation
(1) A person who was an employee of the old
corporation immediately before the
commencement day is deemed to be an
20 employee of the new corporation.
(2) A transferred employee is to be regarded
as--
(a) being employed in his or her new
position with effect on and from the
25 commencement day; and
(b) having the same terms and conditions
as those that applied to the person in
relation to his or her employment with
the old corporation immediately before
30 the commencement day; and
(c) having accrued an entitlement to
benefits in connection with the
employment with the new corporation
that is equivalent to the entitlement that
35 the person had accrued, as an employee
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of the old corporation, immediately
before the commencement day.
Victorian Legislation and Parliamentary Documents
(3) The service of a transferred employee with
the new corporation is to be regarded for all
5 purposes as having been continuous with the
service of the transferred employee,
immediately before the commencement day,
as an employee of the old corporation.
(4) A transferred employee is not entitled to
10 receive any payment or other benefit by
reason only of having ceased to be an
employee of the old corporation because of
the operation of this Part.
(5) A certificate purporting to be signed by the
15 chief executive officer of the new
corporation certifying that the person named
in the certificate was, with effect from the
commencement day, employed, by virtue of
this section, with the new corporation, is
20 admissible in evidence in any proceedings
and is conclusive proof of the matters stated
in it.
(6) The superannuation entitlements of any
person who is a transferred employee are
25 deemed not to be affected by that person
becoming a transferred employee.
(7) If a transferred employee was, immediately
before the appointed day an officer within
the meaning of the State Superannuation
30 Act 1988, he or she continues to be such an
officer.
(8) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a transferred employee
35 from being altered by or under any law,
award or agreement with effect from
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any time after the commencement day;
or
Victorian Legislation and Parliamentary Documents
(b) a transferred employee from resigning
or being dismissed at any time after the
5 commencement day in accordance with
the existing terms and conditions of his
or her employment with the new
corporation.'.
25. New Part 16 inserted
10 After Part 15 of the Port Services Act 1995
insert--
"PART 16--OTHER SAVINGS AND
TRANSITIONALS
183. Savings for existing local authorities
15 (1) Any lands or waters that were immediately
before the date of commencement of
section 11 of the Port Services (Port
Management Reform) Act 2003 declared to
be a designated port under section 111 of the
20 Marine Act 1988 are to be deemed to be the
lands and waters of a local port for the
purposes of this Act.
(2) Nothing in the Port Services (Port
Management Reform) Act 2003 affects the
25 appointment or constitution of a person or
body that was a local authority for lands and
waters that were declared to be a designated
port under section 111 of the Marine Act
1988 immediately before the date of
30 commencement of section 11 of the Port
Services (Port Management Reform) Act
2003 and that person or body is deemed to be
the port manager of those lands and waters
as a local port under this Act.
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(3) Any delegation made or charge fixed under
Part 10 of the Marine Act 1988 by a person
or body referred to in sub-section (2),
Victorian Legislation and Parliamentary Documents
immediately before the date of
5 commencement of section 11 of the Port
Services (Port Management Reform) Act
2003, is deemed to be a delegation made or a
charge fixed (as the case requires) under the
corresponding provisions of Part 2A of this
10 Act.".
26. Boards of Corporations
(1) In Schedule 1 to the Port Services Act 1995--
(a) in clause 1(1) omit "(or, in the case of
HPHC, 2)";
15 (b) in clause 9(3) omit "other than HPHC";
(c) clause 9(3A) is repealed.
(2) In Schedule 1 to the Port Services Act 1995--
(a) in clause 1(1) after "3" insert "(or, in the
case of VRCA, 2)";
20 (b) in clause 9(3) after "a port corporation"
insert ", other than VRCA";
(c) after clause 9(3) insert--
"(3A) A quorum of the board of VRCA
consists of--
25 (a) the chairperson of the corporation, if
there are no more than 2 directors of the
corporation;
(b) a majority of the directors of the
corporation for the time being, if there
30 are more than 2 directors.".
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27. Consequential amendments--management plans
In section 3 of the Port Services Act 1995 insert
Victorian Legislation and Parliamentary Documents
the following definition--
' "management plan" means a safety
5 management plan or an environment
management plan required by section 91C;'.
28. Consequential amendments--port management
In the Port Services Act 1995--
(a) in section 3, insert the following
10 definitions--
' "commercial trading port" means the port
of Melbourne, the port of Geelong, the
port of Portland, the port of Hastings
and any other port declared to be a
15 commercial trading port by Order in
Council under section 6;
"local port" means a port declared to be a
local port by Order in Council under
section 6;
20 "port" means the port of Melbourne, the
port of Geelong, the port of Portland,
the port of Hastings and any other port
declared under section 6 in relation to
which port lands or port waters or both
25 port lands and port waters have been
declared under section 5;
"port manager" means--
(a) in the case of a commercial
trading port, the person or body
30 who effectively manages,
superintends or controls the
operation of the port or part of the
port, but does not include a tenant
or occupier of part of the port
35 unless the tenant or occupier has
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entered into a port management
agreement to manage the
operations of that part of the port;
Victorian Legislation and Parliamentary Documents
or
5 (b) in the case of a local port, the
person or body appointed under
section 44A to be the port
manager of the port;';
(b) in section 3, for the definition of "port
10 waters" substitute--
' "port waters", in relation to a port, means
the waters declared by Order in Council
under section 5(2) to be port waters of
the port;';
15 (c) in section 26 for "local authority within the
meaning of section 112 of the Marine Act
1988" substitute "port manager of a local
port".
29. Consequential amendments--POHC
20 In section 3 of the Port Services Act 1995--
(a) the definition of "HPHC" is repealed;
(b) insert the following definition--
' "POHC" means the Port of Hastings
Corporation established by Division 1A
25 of Part 2;';
(c) in the definition of "port corporation" for
"Hastings Port (Holding) Corporation"
substitute "Port of Hastings Corporation".
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30. Consequential amendments--VRCA
(1) In section 3 of the Port Services Act 1995--
Victorian Legislation and Parliamentary Documents
(a) in the definition of "channel operator", for
"VCA" substitute "VRCA";
5 (b) in the definition of "port corporation" for
"Victorian Channels Authority" substitute
"Victorian Regional Channels Authority";
(c) for the definition of "VCA" substitute--
' "VCA" means the Victorian Channels
10 Authority as in force immediately
before the commencement of section 10
of the Port Services (Port
Management Reform) Act 2003;
"VRCA" means the Victorian Regional
15 Channels Authority established by
Division 2 of Part 2;';
(2) In sections 4(2)(b), 7, 23, 24, 45, 75, 78, 79, 80,
81, 82, 83, 85, 88, 90 and 91 of the Port Services
Act 1995 for "VCA" (wherever occurring)
20 substitute "VRCA".
Act No. 31. Borrowing and Investment Powers Act 1987
13/1987.
In the Borrowing and Investment Powers Act
1987 in column 1 of item 20A in the Table in
Schedule 1, for "Victorian Channels Authority"
25 substitute "Victorian Regional Channels
Authority".
Act No. 32. Docklands Act 1991
22/1991.
In the Docklands Act 1991, in sections 28(2) and
32(1)(a) for "Victorian Channels Authority"
30 substitute "Victorian Regional Channels
Authority".
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33. Land Act 1958 Act No. 6284.
For section 385(2)(f) of the Land Act 1958
Victorian Legislation and Parliamentary Documents
substitute--
"(f) the Victorian Regional Channels Authority;".
5 Act No.
34. Marine Act 1988 52/1988.
(1) In the Marine Act 1988--
(a) in section 3(1), in the definition of "local
authority" for paragraph (c) substitute--
"(c) a person or body declared under
10 section 6 of the Port Services Act 1995
to be a port manager of a local port
within the meaning of that Act;";
(b) Part 10 is repealed.
(2) In the Marine Act 1988--
15 (a) in section 3(1), for the definition of
"Victorian Channels Authority" substitute--
' "Victorian Regional Channels
Authority" means the Victorian
Regional Channels Authority
20 established by Division 2 of Part 2 of
the Port Services Act 1995;';
(b) in sections 15, 66A(1), 66B(1), 69(1)(b),
70(1)(b) and 92A(2) and items 18A, 18B,
18E, 18F, and 18G of Schedule 4, for
25 "Victorian Channels Authority" (wherever
occurring) substitute "Victorian Regional
Channels Authority".
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35. Treasury Corporation of Victoria Act 1992
Act No.
80/1992.
In the Treasury Corporation of Victoria Act
Victorian Legislation and Parliamentary Documents
1992--
(a) in section 36A, in the definition of "public
5 authority" for "Victorian Channels
Authority" substitute "Victorian Regional
Channels Authority";
(b) in column 1 of the table in Schedule 1, for
"Victorian Channels Authority" substitute
10 "Victorian Regional Channels Authority".
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Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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