PORT SERVICES ACT 1995

Victorian Consolidated Legislation

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PORT SERVICES ACT 1995

No. 82 of 1995
Version incorporating amendments as at 31 July 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Owner of vessel or cargo
5. Orders in Council
6. Ports
7. Subsidiary
8. Crown to be bound
9. Extra-territorial operation

PART 2-PORT CORPORATIONS

Division 1-Port of Melbourne Corporation

10. Establishment
11. Port of Melbourne Corporation not to represent the Crown
12. Objectives
13. Functions
14. Powers of the Port of Melbourne Corporation
14A. Dredging by Port of Melbourne Corporation
15. Acquisition or disposal of land by the Corporation to be approved by Minister
16. Transitional powers under leases
17. Repealed

Division 1A-Port of Hastings Corporation

17A. Establishment
17B. Port of Hastings Corporation not to represent the Crown
17C. Objectives
17D. Functions
17E. Port operations
17F. Powers of the Port of Hastings Corporation
17G. Acquisition or disposal of land by the Corporation to be approved by Minister

Division 2-Victorian Regional Channels Authority

18AA. Division not to apply to port of Melbourne waters
18. Establishment of VRCA
19. VRCA not to represent the Crown
20. Objective
21. Functions and powers
22. Dredging

Division 3-General

23. Accountability for damage
24. Liability of certain persons
25. Schedule 1.
26. Delegation
27. Borrowing and investment by port corporations
28. Duties of directors
29. Port corporation or Minister may bring proceedings
30. Directions
31. Port corporation not to make loans to directors
32. Indemnity
33. Corporate plan
34. Statement of corporate intent: contents
35. Corporate plan to be followed
36. Nothing void merely because of non-compliance
37. Board to give notice of significant events
38. Non-commercial functions
39. Determination of initial capital
40. Capital
41. Repayment of capital
42. Dividends
43. Reports to Minister or Treasurer
44. Annual report

PART 2A-LOCAL PORTS

44A. Appointment of port managers of local ports
44B. General powers of port managers
44C. Delegation
44D. Charges
44E. Dredging
44F. Other works
44G. Port manager may act as harbour master if there is no harbour master

PART 3-REGULATION OF PORT SERVICES

Division 1-Preliminary

45. Definitions
46. Construction of Part
47. Application of Part
48. Objectives of the Commission
49. Price regulation

Division 2-Repealed

50-52. Repealed

Division 3-General powers

53. Conduct of inquiries
54. General power to make determinations
55. Standards and conditions of service and supply
56. Financial and business records
57. Restriction on disclosure of confidential information

Division 4-Access

58. Application of Division
59. Obligations of channel operator
60. Procedure if disputes arise
61. Hindering access
62. Inquiry about channels
63. Application for general determination
63AA. Procedures and powers of the Commission
63AB. Commission may give directions in relation to a dispute
63AC. Confidentiality agreements
63AD. Appeals

Division 5-Licences

63A. Prohibition
63B. Exemptions
63C. Application for licence
63D. Grant or refusal of application
63E. Provisions relating to licences
63F. Specific licence conditions
63G. Determination of fees and charges
63H. Variation or revocation of licence
63I. Gazettal requirement
63J. Transfer of licence
63K. Repealed

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 Port of Melbourne Corporation in relation to
reserved Crown land
67. Repealed
Divisions 2, 3-Repealed
68-71. Repealed

Division 4-General

72. Registrar of Titles to amend records
73. Exemption from stamp duty and other taxes

PART 5-PORT FEES

74. Wharfage fees
75. Channel fees
76, 77. Repealed
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 6-HARBOUR MASTERS

89. Offence to fail to comply with direction, or obstruct, harbour master
90. Repealed
91. Protection from liability

PART 6A-PORT MANAGEMENT PLANS

91A. Definition
91B. Application of other Acts
91C. Port manager's responsibilities for management plans
91D. Safety and environment management plans
91E. Certification of plans
91F. Audits of compliance
91G. Ministerial guidelines
91H. Ministerial directions
91I. Transitional provisions-management plans

PART 6B-PORT DEVELOPMENT STRATEGY

91J. Definitions
91K. Port Development Strategy
91L. Consultation requirements
91M. Guidelines
91N. Ministerial directions

PART 7-GENERAL

92. Port corporation may act under certain agreements and instruments
93. Amendment of planning schemes
94. Offences by bodies corporate
95. Service of documents on port corporation
96. Treasurer may give guarantee
97. Repealed
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 10-Repealed

126-152. Repealed

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

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
188, 189. Repealed
190-193. Repealed
194-207. Repealed
__________________
SCHEDULE 1-Provisions Applying to Port Corporations
1. Board of directors
2. Constitution of board
3. Appointment of directors
4. Terms and conditions of appointment
5. Acting appointments
6. Chief executive officer and other staff
7. Vacancies, resignations, removal from office
8. Validity of decisions
9. Proceedings of board
10. Resolutions without meetings
11. Disclosure of interests
SCHEDULE 2.
SCHEDULE 3-Table
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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