PORT MANAGEMENT ACT 1995
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 3A Transport Integration Act 2010
- 3B Filming Approval Act 2014
- 4 Owner of vessel or cargo
- 4A Declaration of port of Melbourne operator
- 5 Orders in Council
- 6 Ports
- 7 Subsidiary
- 8 Crown to be bound
- 9 Extra-territorial operation
PART 2--PROVISIONS RELATING TO PORT CORPORATIONS
- 16 Port of Melbourne Corporation—transitional powers under leases
- 17E Port operations
- 23 Accountability for damage
- 24 Liability of certain persons
PART 2A--LOCAL PORTS
- 44A Appointment of port managers of local ports
- 44B General powers of port managers
- 44BA Port managers may provide services outside local port
- 44C Delegation
- 44D Charges
- 44E Dredging
- 44F Other works
- 44G Port manager may act as harbour master if there is no harbour master
PART 2B--PORT LICENCE FEE
- 44HAA Definitions
- 44H Liability to pay port licence fee
- 44HA Treasurer may require a one-off upfront licence fee for a period of up to 15 years instead of annual fees for that period
- 44I Amount of port licence fee
- 44J Calculation of port licence fee
- 44K Notice of annual licence fee
- 44L Method of payment of annual licence fee
- 44M Where are port licence fees to be paid?
- 44N Refund of upfront licence fee
PART 3--REGULATION OF PORT SERVICES
Division 1--Preliminary
- 45 Definitions
- 46 Construction of Part
- 47 Application of Part
- 48 Objectives of this Part
- 48A Commission must have regard to objectives of this Part
- 49 Price regulation
Division 2--Port of Melbourne Pricing Order
- 49A Pricing Order
- 49B General powers in relation to a Pricing Order
- 49C Pricing Order must be published in the Government Gazette
- 49D When Pricing Order takes effect
- 49E Limitation on amending or revoking a Pricing Order
- 49F Circumstances in which a Pricing Order may be amended
- 49G Circumstances in which a Pricing Order may be wholly revoked
- 49H Protected provisions cannot be revoked or amended etc.
Division 2A--Monitoring compliance with Pricing Order
- 49I Conduct of reviews into compliance with Pricing Order
- 49J Draft report to be provided to provider of prescribed services
- 49K Giving of show cause notice to non-compliant provider of prescribed services
- 49L Re-regulation recommendation
- 49M Undertakings
- 49N Enforcement of undertakings
Division 2B--Transitional enforcement regime for port of Melbourne operator
Division 2C--Complaints in relation toprovision of prescribed services
- 49Q Person provided prescribed services may complain to ESC in relation to the provision of such services
Division 2D--Competitive neutrality pricing
- 49R Definitions
- 49S Meaning of accrual building block methodology
- 49T Meaning of State sponsored port
- 49U Application
- 49V State sponsored port operator must provide services at not less than competitively neutral prices
- 49W State sponsored port operator must publish relevant service prices
- 49X State sponsored port operator must keep records of relevant service prices
- 49Y Commission may be requested to inquire into relevant service prices
- 49Z Commission may conduct inquiry into relevant service prices
- 49ZA Commission may determine minimum competitively neutral price for relevant service
- 49ZB Enforcement of Commission determinations
- 49ZC Competitively neutral pricing principles Order
- 49ZD General powers in relation to competitively neutral pricing principles Order
- 49ZE When a competitively neutral pricing principles Order takes effect
- 49ZF Limitation on amending or revoking a competitively neutral pricing principles Order
- 49ZG Circumstances in which a competitively neutral pricing principles Order may be amended
- 49ZH Circumstances in which a competitively neutral pricing principles Order may be wholly revoked
Division 3--General economic regulation powers
Division 3A--Service quality monitoring
- 54A ESC Minister may direct Commission in relation to exercise of powers relating to standards and conditions of service and supply
- 55 Standards and conditions of service and supply
Division 3B--Information requirements and information disclosure restrictions
Division 5--Port licences
- 63A Provision of prescribed services without licence prohibited
- 63B Exemptions for public sector entities that are not the port of Melbourne operator
- 63C Exemptions by Governor in Council
- 63D Application for port licence
- 63E Grant or refusal of application
- 63F Provisions relating to port licences
- 63G Gazettal requirement in relation to grant of port licence
- 63H Compliance with conditions of port licence
- 63I Variation of port licence
- 63J Revocation of port licence
- 63K Transfer of port licence—on application by port licence holder
- 63L Transfer of port licence—on Minister's initiative
Division 6--Other matters
- 63M Revocation of ESC Price Monitoring Determination when Pricing Order takes effect
PART 4--RESERVATION OF LAND
Division 1--Reservation of land for the purposes of the port of Melbourne
- 64 Power to reserve unalienated Crown land for the purposes of the port of Melbourne
- 65 Station Pier land deemed to be reserved land
- 66 Powers of Ports Victoria in relation to reserved Crown land
Division 4--General
PART 4A--REGULATION OF PROVISION OF TOWAGE SERVICES
Division 1--Preliminary
- 73A Definitions
Division 2--Towage service determination
- 73B Towage service determination
- 73C Process for making towage service determination
- 73D Entitlement to make submissions
Division 3--Licence required to provide towage service
Division 4--Licensing process
- 73G Application
- 73H Determination of application
- 73I Conditions of towage service licence
- 73J Compliance with licence conditions
- 73K Period a towage service licence is in effect
Division 5--Renewal of towage service licence
- 73L Application
- 73M Determination of application
- 73N Towage service licence may be renewed more than once
Division 6--Amendment of licence conditions
- 73O Ports Victoria may amend or remove conditions or impose new conditions
Division 7--Surrender of towage service licence
- 73P Surrender
Division 8--Disciplinary action
- 73Q When Ports Victoria may take disciplinary action against a licence holder
- 73R Disciplinary actions that may be taken in relation to towage service licence
- 73S Procedure for taking disciplinary action—show cause notice
- 73T Ports Victoria may extend time for making submissions in relation to show cause notices
- 73U Decision on taking disciplinary action
- 73V Effect of suspension of towage service licence
Division 9--Internal and VCAT review of decisions
- 73W Reviewable decisions
- 73X Application for internal review
- 73Y Ports Victoria may stay operation of decision subject to application for internal review
- 73Z Determination of application for internal review
- 73ZA Review of Ports Victoria decisions by VCAT
Division 10--Miscellaneous
- 73ZB Register of holders of towage service licences
PART 4B--LICENSING OF THE PROVISION OF PILOTAGE SERVICES IN PILOT REQUIRED WATERS
Division 1--Preliminary
- 73ZC Definitions
- 73ZD Meaning of applicable standards
Division 2--Licence required to provide pilotage services
- 73ZE What a pilotage services licence authorises
- 73ZF Offence to provide pilotage services without licence
Division 3--Licensing process
- 73ZG Application
- 73ZH Determination of application
- 73ZI Cancellation or suspension of pilotage services licence
- 73ZJ Surrender of pilotage services licence
Division 4--Pilotage services standards
- 73ZK Determination of pilotage services standards
Division 5--Internal and VCAT review of decisions
- 73ZL Reviewable decisions
- 73ZM Application for internal review
- 73ZN Ports Victoria may stay operation of decision subject to application for internal review
- 73ZO Determination of application for internal review
- 73ZP Review of Ports Victoria decisions by VCAT
Division 6--Miscellaneous
- 73ZQ Register of holders of pilotage services licences
PART 5--PORT FEES
- 74AA Definitions
- 74AB Designated State port entities and approved wharfage fees and channel fees
- 74 Wharfage fees—Port of Melbourne
- 74A Wharfage fees—Port of Hastings
- 75 Channel fees
- 78 Payment of wharfage and channel fees
- 79 Interest on overdue payments
- 80 Security for payment of wharfage and channel fees
- 81 Liability of current owners and agents
- 82 Waiver or refund of wharfage or channel fees
PART 5A--POWERS TO RESTRICT ACCESS TO AREAS
Division 1--Preliminary
- 83 Definitions
Division 2--Declaration of areas
- 84 Making a declaration of restricted access area
- 85 Effect of declaration
- 86 Provisions as to restricted access area declarations
- 87 Amendment or revocation of declaration
- 88 Publication of declaration
- 88A Operation of declaration where inconsistent with other powers
Division 3--Offences and other enforcement powers in relation to areas
- 88B Offence to enter restricted access area
- 88C Interference with activities
- 88D Offence not to give certain information to police when asked to do so
- 88E Warning to leave area
- 88F Powers to move vessels from areas
- 88G Certificates of authorisation
- 88H Certificate as evidence of area
PART 5B--POWERS AS TO CERTAIN HAZARDOUS OR POLLUTING ACTIVITIES OR THINGS
Division 1--Preliminary
- 88I Definitions
Division 2--Pollution abatement
- 88J Pollution abatement by Ports Victoria
- 88JA Pollution abatement by port of Melbourne operator
- 88K Recovery of costs of clean up by Ports Victoria
- 88KA Recovery of costs of clean up by port of Melbourne operator
- 88L Relationship with the Environment Protection Act 2017
Division 3--Hazardous port activities
- 88M Hazardous port activity notice
- 88N Hazardous port activity direction
- 88O Offence not to comply with hazardous port activity direction
Division 4--Abandoned or unclaimed goods or things
- 88AP Definitions
- 88P Offence to leave things in port waters or on port land
- 88Q Removal of things
- 88R Powers when moving things
- 88S Requirement to make enquiries as to owner of thing
- 88T Disposal of thing
- 88U Recovery of costs
- 88V Payment of compensation
- 88W Proceeds of disposal where owner not located
PART 5C--REGULATION OF ACTIVITIES IN THE PORT OF MELBOURNE
Division 1--Preliminary
- 88X Definitions
Division 2--Port operator directions
- 88Y Directions to maintain or improve safety and security
- 88Z How port operator directions are given
- 88ZA Enforcement of port operator directions
- 88ZB Recovery of costs
- 88ZC Advance notice of proposed work
- 88ZD Power of entry
- 88ZE Functions and powers may be performed or exercised by authorised officers
- 88ZF Obstruction of authorised officer
- 88ZG Monitoring of port operator directions
- 88ZH Publication of reports about port operator directions
Division 3--Information gathering by port of Melbourne operator
- 88ZI Power to require information to be provided
- 88ZJ Use and disclosure of information collected
- 88ZK Compliance with information direction
Division 4--Authorised officers
PART 6--HARBOUR MASTERS
Division 1--Offences and liability
- 89 Offence to fail to comply with direction, or obstruct, harbour master
- 91 Protection from liability
Division 2--Ports Victoria may request conditions on harbour master licences
- 91AA Ports Victoria may request imposition or variation of condition of harbour master licence
PART 6A--PORT MANAGEMENT PLANS
- 91A Definition
- 91B Application of other Acts
- 91BA Extended meaning of port manager
- 91C Port manager's responsibilities for management plans
- 91CA Safety and environment management planning objectives
- 91D Safety and environment management plans
- 91E Audits of compliance
- 91F When must an audit be conducted?
- 91FA Reports on audits
- 91G Ministerial guidelines
- 91H Ministerial directions
- 91HA Publication of audit
- 91HB Reporting
- 91I Transitional provisions—management plans
PART 6B--PORT DEVELOPMENT STRATEGY
- 91J Definitions
- 91JA Minister may declare entity to be relevant port authority
- 91K Port Development Strategy
- 91L Consultation requirements
- 91M Guidelines
- 91N Ministerial directions
PART 6C--PORT OF MELBOURNE RAIL ACCESS STRATEGY
- 91O Definitions
- 91P Meaning of port rail shuttle
- 91Q Rail Access Strategy
- 91R Rail infrastructure project options in Rail Access Strategy are major infrastructure projects for the purposes of the Infrastructure Victoria Act 2015
- 91S Consultation
- 91T Guidelines
- 91U Ministerial directions if port of Melbourne operator fails to prepare and submit a Rail Access Strategy
- 91V Ministerial directions if Rail Access Strategy is non‑compliant
PART 7--GENERAL
- 92 Port corporation may act under certain agreements and instruments
- 93 Amendment of planning schemes
- 94 Liability of officers of bodies corporate
- 95 Service of documents on port corporation
- 96 Treasurer may give guarantee
- 97 Power to prosecute
- 98 Regulations
PART 8--TRANSFER OF PROPERTY BY PORT AUTHORITIES TO CERTAIN PORT CORPORATIONS
Division 1--Preliminary
- 99 Definitions
Division 2--Transfer by operation of Act
- 100 Transfer of certain port authority property to MPC
Division 3--Transfer by allocation
- 101 Treasurer may direct transfer of property
- 102 Property transferred in accordance with direction
- 103 Allocation of property etc. subject to encumbrances
- 104 Payments in respect of financial obligations
Division 4--General
- 105 Certificate of chief executive officer
- 106 Value of former port authority property
- 107 Substitution of party to agreement
- 108 Former port authority instruments
- 109 Proceedings
- 110 Interests in land
- 111 Amendment of Register
- 112 Taxes
- 113 Evidence
- 114 Validity of things done under this Part
Division 5--Rights as between transferees
PART 9--STAFF OF PORT AUTHORITIES
- 117 Definitions
- 118 Rights of port authority staff
- 119 Superannuation—continuing membership
- 120 Superannuation—transfer to Local Authorities Superannuation Fund—designated port employees
- 121 Superannuation—change of employment—designated port employees
- 122 Superannuation—contributions—designated port employees
- 123 Superannuation—private sector employment—regional port employees
- 124 Taxes
- 125 Appropriation
PART 11--ABOLITION OF PORT AUTHORITIES
- 153 Definitions
- 154 Transfer of property to SEC and abolition of port authorities
- 155 Substitution of party to agreement
- 156 Port authority instruments
- 157 Proceedings
- 158 Interests in land
- 159 Amendment of Register
- 160 Taxes
- 161 Evidence
PART 12--TRANSITIONAL PROVISIONS--ESTABLISHMENT OF PORT OF MELBOURNE CORPORATION
- 162 Definitions
- 163 Transfer of property etc. from MPC to the new corporation
- 164 Staff to be transferred from the old corporation to the new corporation
PART 13--TRANSITIONAL PROVISIONS--TRANSFER OF CERTAIN VCA FUNCTIONS ETC.
Division 1--Definitions
- 165 Definitions
Division 2--Allocation of property etc.
- 166 Treasurer may direct transfer of property etc.
- 167 Property transferred to the new corporation
- 168 Allocation of property etc. subject to encumbrances
- 169 Substitution of party to agreement
- 170 VCA instruments
- 171 Taxes
- 172 Validity of things done under this Part
- 173 Payments in respect of financial obligations of VCA
Division 3--Staff and other matters
- 174 List of staff to be transferred from VCA to the new corporation
- 175 Terms of employment of staff transferred from VCA to the new corporation
- 176 Price determination
- 176A Saving of port of Melbourne waters
PART 14--TRANSITIONAL PROVISIONS--ESTABLISHMENT OF PORT OF HASTINGS CORPORATION
- 177 Definitions
- 178 Transfer of property etc. from HPHC to the new corporation
- 179 Staff to be transferred from the old corporation to the new corporation
PART 15--TRANSITIONAL PROVISIONS--ESTABLISHMENT OF VICTORIAN REGIONAL CHANNELS AUTHORITY
- 180 Definitions
- 181 Transfer of property etc. from VCA to the new corporation
- 182 Staff to be transferred from the old corporation to the new corporation
PART 16--OTHER SAVINGS AND TRANSITIONALS
- 183 Savings for existing local authorities
- 184 Provisions of Subordinate Legislation Act 1994 not to apply to certain ports regulations
- 184A Transitional provisions—2012 amendments
PART 17--STATION PIER--SAVINGS AND TRANSITIONAL
- 185 Definitions
- 186 Savings and transitional provisions for Station Pier
- 187 Transfer of property etc. from old body to Port of Melbourne Corporation