Ports Assets (Authorised Transactions) Amendment Act 2013 (NSW)

n Act to amend the Ports Assets (Authorised Transactions) Act 2012 to extend the operation of that Act to Port of Newcastle; and for other purposes.

1Name of Act

This Act is the Ports Assets (Authorised Transactions) Amendment Act 2013.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Ports Assets (Authorised Transactions) Act 2012 No 101[1]Section 3 Interpretation—key definitions

Insert “, Port of Newcastle” after “Botany Bay” in the definition of associated port land.

[2]Section 3, definition of “Port of Newcastle land”

Insert in alphabetical order:

Port of Newcastle land means land at Port of Newcastle that is ports assets.

[3]Section 3, definition of “port SOC”

Insert “, the Newcastle Port Corporation” after “Port Kembla Port Corporation”.

[4]Section 4 Authorised transfer of ports assets

Insert “, Port of Newcastle land” after “Port Kembla land” wherever occurring in section 4 (1) (a) and (b).

[5]Schedule 1 Interpretative provisions

Insert in alphabetical order in clause 1:

Port of Newcastle land—see section 3.

[6]Schedule 5 Savings, transitional and other provisions

Insert “, the Newcastle Port Corporation” after “Port Kembla Port Corporation” wherever occurring in clauses 2 and 3.

[7]Schedule 5

Insert after Part 2:

Part 3Provision consequent on enactment of Ports Assets (Authorised Transactions) Amendment Act 20135Application of provisions to Port of Newcastle

A reference in the following provisions to the date of assent to this Act is, in the application of those provisions to or in respect of the Newcastle Port Corporation, to be read as a reference to the date of assent to the Ports Assets (Authorised Transactions) Amendment Act 2013:

• •

  section 22 (Acquisition of land by Ports Assets Ministerial Holding Corporation)

• •

  clause 1 of Schedule 3 (Corporate conversion of port SOCs and transaction SOCs)

Schedule 2Amendment of Ports and Maritime Administration Act 1995 No 13[1]Section 3 Definitions

Insert “, Newcastle” after “Botany Bay” in the definition of private port in section 3 (1).

[2]Section 37 Directions to maintain or improve safety and security

Insert at the end of paragraph (b) of the definition of relevant port lease in section 37 (4):

•

, or

(c)

for Port of Newcastle—a lease to the port operator of land at Port of Newcastle that comprised ports assets under the Ports Assets (Authorised Transactions) Act 2012 before being leased to the private sector for the purposes of an authorised transaction under that Act.

[3]Section 47 Definitions generally

Omit paragraph (a1) of the definition of relevant port authority in section 47 (1).

Insert instead:

(a1)

in relation to a navigation service charge for Port Kembla or Port of Newcastle—each of the port operator of the port and the appropriate public agency for the port, or

[4]Section 59 Meaning of “site”

Insert after section 59 (9):

(10)

An area at the private port of Port of Newcastle that was a site immediately before the commencement of this subsection (as inserted by the Ports Assets (Authorised Transactions) Amendment Act 2013) is deemed to be a site for the purposes of this Division.

[5]Schedule 5 Savings, transitional and other provisions

Omit clause 1 (1). Insert instead:

(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

[6]Schedule 5, clause 22

Insert “, Port of Newcastle” after “Botany Bay” in the definition of settlement day.