PORT MANAGEMENT ACT 1995 - SECT 44A Appointment of port managers of local ports

PORT MANAGEMENT ACT 1995 - SECT 44A

    (1)     The Governor in Council may by instrument 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 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.

    (3)     A port manager for a local port has the following functions—

        (a)     to manage the operations of the port, particularly with respect to shipping 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 facilities, including wharves, jetties, slipways, breakwaters, moorings, buildings and vehicle parks;

S. 44A(3)(c) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), 34/2023 s. 127(Sch.  1 item 9.2).

        (c)     to provide, develop and maintain, in accordance with any relevant standards developed by Safe Transport Victoria, navigational aids in the port;

S. 44A(3)(d) amended by No. 65/2010 s. 419(1).

        (d)     to carry out the functions and powers of a local authority under the Marine Safety Act 2010 in respect of any State waters within the port;

S. 44A(3)(e) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), 34/2023 s. 127(Sch.  1 item 9.2).

        (e)     to provide, develop and maintain, in accordance with any relevant standards developed by Safe Transport Victoria, navigation channels in the port;

        (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;

        (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 Oil and Other Noxious and Hazardous Substances;

        (h)     to allocate and manage moorings and berths in the port;

              (i)     to exercise any other functions of the port manager of a local port under this 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 subsection (4).

    (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 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 local port;

        (c)     that a particular port manager is not to have a particular function (including a function referred to in subsection (3)) in relation to its local port or to a specified part of its local port.

    (5)     The Minister must not make a recommendation under subsection (4) unless the Minister—

        (a)     has consulted with—

              (i)     the Minister administering the Crown Land (Reserves) Act 1978 ; and

S. 44A(5)(a)(ii) amended by No. 26/2018 s. 97(2).

              (ii)     the Minister administering the Marine and Coastal Act 2018 ;

        (b)     is satisfied that the additional functions are necessary or desirable because of the particular operations or location of the port.

    (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 specified in the Order.

S. 44B inserted by No. 85/2003 s. 11.