PORT MANAGEMENT ACT 1995
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
49O. Application of Division
49P. Enforcement of Pricing Order during Pricing Order transition period
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
53. Conduct of inquiries
54. General power to make determinations
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
56. Financial and business records
57. Restriction on disclosure of confidential information
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
72. Registrar of Titles to amend records
73. Exemption from stamp duty and other taxes
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
73E. What a towage service licence authorises
73F. Offence to provide towage service without licence
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
88ZL. Appointment
88ZM. Identity cards
88ZN. Return of identity cards
88ZO. Production of identity card
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
115. Interim arrangements
116. Easements
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
PART 18--TRANSITIONAL PROVISIONS--TRANSPORT LEGISLATION AMENDMENT (PORT REFORMS AND OTHER MATTERS) ACT 2022
188. Registered pilotage services providers taken to be issued pilotage services licence
189. Regulations dealing with transitional matters
SCHEDULE 2
SCHEDULE 3
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