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TRANSPORT INTEGRATION ACT 2010 - SECT 201C Substitution of parties to channel operating agreement in respect of port of Hastings waters

TRANSPORT INTEGRATION ACT 2010 - SECT 201C

Substitution of parties to channel operating agreement in respect of port of Hastings waters

    (1)     In this section—

"channel operating agreement" means the agreement commencing on 15 June 2007 (as from time to time amended, supplemented or novated) in relation to the operation and maintenance of channels in port of Hastings waters between—

        (a)     the Crown in right of the State of Victoria; and

        (b)     the Victorian Regional Channels Authority; and

        (c)     Toll Transport Pty Ltd (ABN 31 006 604 191);

"Victorian Regional Channels Authority" means the body established by section 18 of the Port Services Act 1995 as in force immediately before the commencement of section 32 of the Transport Legislation Amendment (Ports Integration) Act 2010 .

    (2)     On and from the commencement of this section, the Port of Melbourne Corporation is taken to be substituted for the Victorian Regional Channels Authority as a party to the channel operating agreement.

    (3)     For the purposes of subsection (2), the Port of Melbourne Corporation is taken to have the power conferred on the Victorian Regional Channels Authority under section 21(2) of the Port Services Act 1995 as in force immediately before the commencement of section 32 of the Transport Legislation Amendment (Ports Integration) Act 2010 .

    (4)     For the purposes of subsection (2), in the Port Management Act 1995 a reference to the channel operator for port of Hastings waters is taken to be a reference to—

        (a)     Toll Transport Pty Ltd (ABN 31 006 604 191); or

        (b)     if that person has assigned to another person the right, power or duty that is relevant to that reference, that other person.

S. 201D inserted by No. 38/2011 s. 20.