• Specific Year
    Any

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
           ENDNOTES