Marine (Consequential Amendments) Act 1997 (TAS)

Marine (Consequential Amendments) Act 1997

An Act to amend certain Acts and statutory rules as a consequence of the enactment of the Port Companies Act 1997

[Royal Assent 27 June 1997]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Marine (Consequential Amendments) Act 1997 . 2CommencementThis Act commences on a day to be proclaimed. 3Amendment of ActsThe Acts specified in Schedule 1 are amended as specified in that Schedule. 4Amendment of Statutory RulesThe statutory rules specified in Schedule 2 are amended as specified in that Schedule. Schedule 1Amendment of Acts

Section 3

1.    Section 3(1) is amended as follows: (a) by omitting the definition of marine authority and substituting the following definition: marine authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ; (b) by omitting " Marine Act 1976 " from the definition of master and substituting " Marine and Safety Authority Act 1997 "; (c) by omitting " Marine Act 1976 " from the definition of owner and substituting " Marine and Safety Authority Act 1997 "; (d) by omitting " Marine Act 1976 " from the definition of vessel and substituting " Marine and Safety Authority Act 1997 ". 1.    Section 3(1) is amended by omitting the definition of port waters and substituting the following definition: port waters means the waters within the jurisdiction of the Marine and Safety Authority as specified in the Marine and Safety Authority Act 1997 ; 2.    Section 15(9)(a) is amended by omitting "appropriate marine board within the meaning of the Marine Act 1976 " and substituting "Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ". 1.    Section 3 is amended by omitting paragraph (b) from the definition of planning authority . 1.    Section 3(1) is amended as follows: (a) by omitting the definition of marine board ; (b) by omitting "marine board constituted under the Marine Act 1976 " from the definition of permit ; (c) by omitting "or a marine board constituted under the Marine Act 1976 " from the definition of planning authority . 2.    Section 7(c) is amended as follows: (a) by omitting "(other than wharves, the boundaries of which have been proclaimed under the Marine Act 1976 )"; (b) by omitting "district." second occurring and substituting "district; and". 3.   Section 7 is amended by inserting the following paragraph after paragraph (c): (d) any area of the sea directly adjoining its municipal district in, on, over or under which any use or development is related to, or affects, the use of any adjacent land. 4.   Section 20 is amended by inserting the following subsections after subsection (9): (10)  A planning scheme is not to prohibit or require a discretionary permit for the use or development of a proclaimed wharf area for port and shipping purposes. (11)  In subsection (10) , proclaimed wharf area means the area of a wharf the boundaries of which have been defined, altered or redefined under the Marine Act 1976 before the commencement of the Port Companies Act 1997 . 5.    Section 21 is amended by omitting subsection (2) and substituting the following subsection: (2)  A planning scheme that includes an area referred to in section 7(d) is to be prepared in consultation with the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 . 6.    Section 22 is amended as follows: (a) by omitting subsections (3) , (4) and (5) ; (b) by omitting paragraph (b) of subsection (6) and substituting the following paragraph: (b) the whole or any part of the area referred to in section 7(d) ; and (c) by omitting from subsection (6)(c) "or in that area of jurisdiction". 7.    Section 85 is amended as follows: (a) by omitting "and a marine board to make by-laws under the Marine Act 1976 "; (b) by omitting "or marine board". 1.    Section 87 is amended as follows: (a) by omitting paragraph (c) from subsection (1) ; (b) by omitting from subsection (3) "the Port of Launceston Authority in the City of Launceston or by". 1.    Section 65 is repealed. 2.    Section 162 is repealed. 3.    Section 249 is amended by omitting the definition of Authority . 4.    Section 250(a) is amended by omitting subparagraph (xiii) . 1.    Section 3 is amended as follows: (a) by inserting the following definition after the definition of lessee : Marine and Safety Authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ; (b) by omitting the definition of marine board . 2.    Section 19(3) is amended by omitting paragraph (c) and substituting the following paragraphs: (c) any council that has jurisdiction over the area referred to in the order; (d) the Marine and Safety Authority if that area is under its jurisdiction. 3.    Section 20(4) is amended by omitting "a marine board" and substituting "the Marine and Safety Authority". 4.    Section 20(5) is amended by omitting "A marine board" and substituting "The Marine and Safety Authority". 5.    Section 21(1)(e) is amended by omitting "a marine board" and substituting "the Marine and Safety Authority". 6.    Section 79(1) is amended as follows: (a) by omitting from paragraph (a) "marine board having jurisdiction in respect of that area" and substituting "Marine and Safety Authority"; (b) by omitting from paragraph (b) "that marine board" and substituting "the Marine and Safety Authority". 7.   Section 79(2) is amended by omitting "marine board", twice occurring, and substituting "Marine and Safety Authority". 8.    Section 109 is amended as follows: (a) by omitting "and a marine board"; (b) by omitting "and the Marine Act 1976 ". 1.    Section 2 is amended as follows: (a) by omitting " Marine Act 1976 " from the definition of master and substituting " Marine and Safety Authority Act 1997 "; (b) by omitting " Marine Act 1976 " from the definition of vessel and substituting " Marine and Safety Authority Act 1997 ". 1.    Section 8(2AA) is amended by omitting paragraph (b) . 1.    Schedule 1 is amended by omitting item 41 and substituting the following item: 41.   Marine and Safety Authority established under the Marine and Safety Authority Act 1997 . 1.    Section 38(1)(g) is amended by omitting "the Marine Act 1976 " and substituting "regulations or by-laws made under the Marine and Safety Authority Act 1997 ". 2.    Section 47(1)(dc) is amended by omitting "the Marine Act 1976 " and substituting "regulations or by-laws made under the Marine and Safety Authority Act 1997 ". 1.   Section 42(2) is amended by omitting "Marine Act 1976" and substituting "Marine and Safety Authority Act 1997". 1.    Section 3(1) is amended as follows: (a) by omitting paragraph (c) from the definition of authorized officer and substituting the following paragraph: (c) a person authorised by the Marine and Safety Authority for the purpose of this Act; or (b) by omitting the definition of Board ; (c) by omitting the definition of harbour master and substituting the following definitions: harbour master means – (a) in respect of a port, a port operator within the meaning of the Marine and Safety Authority Act 1997 ; or (b) in respect of any other area, a person authorised by the Director; Marine and Safety Authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ; (d) by omitting " Marine Act 1976 " from the definition of trading vessel and substituting " Marine and Safety Authority Act 1997 ". 2.    Section 14 is repealed. 3.    Section 15(1) is amended by omitting "or the Board having jurisdiction over that port". 4.   Section 15(2) is amended by omitting "or the Board", twice occurring. 5.    Section 37(2)(b) is amended by omitting "Board having jurisdiction over those State waters" and substituting "harbour master". 6.    Section 37(3)(a)(iii) is amended by omitting "Boards" and substituting "the port operators within the meaning of the Marine and Safety Authority Act 1997 ". 7.    Section 37(3)(c)(vi) is amended by omitting "Boards" and substituting "the port operators within the meaning of the Marine and Safety Authority Act 1997 ". 8.    Section 39(1) is amended by omitting "Board". 1.    Section 55 is amended by omitting subsection (2) . 2.   Part V is amended by inserting the following section after section 54DA: 54DBVesting control of certain jetties and facilities On the date on which the Marine and Safety Authority Act 1997 commences, the management and control of any vested jetty or vested facility is divested from the Minister and is vested in the Marine and Safety Authority established under that Act. 1.    Section 2(1) is amended by omitting the definition of harbour authority and substituting the following definition: harbour authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ; 2.   Section 11(11)(b) is amended by omitting "or harbour authority". 3.    Section 20(1) is amended as follows: (a) by omitting "a harbour authority"; (b) by omitting "or harbour authority", wherever occurring. 4.    Section 21(1) is amended as follows: (a) by omitting "relevant"; (b) by omitting paragraph (c) ; (c) by omitting from paragraph (d) "a harbour" and substituting "the harbour". 5.    Section 34(1) is amended as follows: (a) by omitting "or harbour authority"; (b) by omitting "the harbour authority". 6.    Section 45(6) is amended by omitting "or harbour authority". 7.    Section 48(4) is amended by omitting paragraph (b) . 1.    Section 2(1) is amended by omitting the definition of Marine Board . 1.    Section 3 is amended by omitting paragraph (b) from the definition of local body . 1.    Section 3(1) is amended as follows: (a) by omitting the definition of Board ; (b) by inserting the following definition after the definition of LUPA : Marine and Safety Authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ; 2.    Section 6(1) is amended by omitting "Board" and substituting "Marine and Safety Authority and the appropriate port company within the meaning of the Marine and Safety Authority Act 1997 ". 3.    Section 6(2)(a) is amended by omitting "Board" and substituting "Marine and Safety Authority". 4.    Section 10 is repealed. 5.    Section 11(2) is amended by omitting "and to an application by the Board under section 10 (1) ". 6.   Section 12 is amended by omitting "Board", twice occurring, and substituting "Marine and Safety Authority". 7.    Section 14(2) is amended by omitting paragraph (c) and substituting the following paragraph: (c) 2 persons nominated by the Marine and Safety Authority, one of whom represents the commercial interests of the appropriate port company within the meaning of the Marine and Safety Authority Act 1997 ; and 8.   Section 15(2) is amended by omitting ", (c)". 1.    Section 3(1) is amended as follows: (a) by omitting "Corporation;" from paragraph (b) of the definition of participating authority and substituting "Corporation; or"; (b) by inserting the following paragraph after paragraph (b) of the definition of "participating authority": (c) a company within the meaning of the Port Companies Act 1997 ; (c) by omitting "funds; or" from paragraph (b) of the definition of "State Authority" and substituting "funds."; (d) by omitting paragraph (e) of the definition of "State Authority". 1.    Section 5(3) is amended by omitting "Marine Board of Burnie or the Council of the Municipality of Burnie unless the consent of the Board or Council, as the case may be," and substituting "Burnie City Council unless its consent". 2.    Section 5(4)(b) is amended by omitting ", Marine Board,". 1.    Section 72 is repealed. 2.    Section 74 is amended by omitting "any marine board or harbour trust under the Marine Act 1976 without the consent of that board or trust" and substituting "the Marine and Safety Authority under the Marine and Safety Authority Act 1997 without its consent". Schedule 2Amendment of Statutory Rules

Section 4

1.   Building Regulations 1994 (S.R. 1994, No. 159) Regulation 3(1) is amended by omitting the definition of "marine board". 2.   Regulation 4 is amended by omitting subregulation (1). 1.   Crown Lands (Public Reserves) Regulations 1979 (S.R. 1979, No. 142) Regulation 3 is amended by omitting "Marine Act 1976" from the definition of "vessel" and substituting "Marine and Safety Authority Act 1997". 1.   Environment Protection (Noise) Regulations 1977 (S.R. 1977, No. 276) Regulation 3(1) is amended by omitting "Marine Act 1976" from the definition of "vessel" and substituting "Marine and Safety Authority Act 1997". 1.   Justices Rules 1976 (S.R. 1976, No. 104) Schedule III is amended by omitting from item 5C " Marine Act 1976 and any" and substituting " Marine and Safety Authority Act 1997 and any by-laws or". 1.   National Parks and Reserves Regulations 1971 (S.R. 1971, No. 240) Regulation 2 is amended by omitting " Marine Act 1976 " from the definition of "vessel" and substituting " Marine and Safety Authority Act 1997 ". 1.   Poisons Regulations 1975 (S.R. 1975, No. 216) Regulation 25(1) is amended by omitting "Marine Act 1976" and substituting "Marine and Safety Authority Act 1997". 1.   Public Health (Food Hygiene) Regulations 1977 (S.R. 1977, No. 153) Regulation 58(e) is amended by omitting subparagraph (iii) and substituting the following subparagraph: (iii) approved by the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 if the drains discharge into waters under its jurisdiction. 1.   Traffic (General and Local) Regulations 1956 (S.R. 1956, No. 172) Regulation 2(1) is amended by omitting " Marine Act 1976 " from the definition of "wharf" and substituting " Marine and Safety Authority Act 1997 ".

[Second reading presentation speech made in:

House of Assembly on 23 APRIL 1997

Legislative Council on 18 JUNE 1997]