Ports Corporatisation and Waterways Management Act 1995 Ports Corporatisation and Waterways Management Amendment (Port Charges) Regulation 1997 (1997-464) [GG No 95 of 29.8.1997, p 7268] (NSW)
1997 No 464
New South Wales Ports Corporatisation and Waterways
Management Amendment (Port
Charges) Regulation 1997
under the
Ports Corporatisation and Waterways Management Act
1995His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Ports Corporatisation and Waterways Management Act 1995.
PAM ALLAN, M.P.,
Minister for Ports
Explanatory note
The objects of this Regulation are:
(a) to establish general principles of a technical nature for the calculation of port charges (such as the method by which the gross tonnage of a vessel should be ascertained), and (b) to require the owner of a vessel or other person liable to pay a port charge to ensure that certain information or documentation is furnished to a relevant port authority in connection with port charges, and (c) to repeal the Marine Port Charges Regulation 1990, which is made redundant by this Regulation. This Regulation generally updates and continues the requirements of the charges) and section 110 (the general regulation making power).
Marine Port Charges Regulation 1990.
The Regulation adopts a publication by reference (see proposed clause 9).This Regulation is made under the Ports Corporatisation and Waterways
Published in Gazette No 95 of 29 August 1997, page 7268 Page 1
1997 No 464
Clause 1 Ports Corporatisation and Waterways Management Amendment (Port Charges) Regulation 1997
Ports Corporatisation and waterways
Management Amendment (Port Charges)Regulation 1997
1 Name of Regulation
This Regulation is the Ports Corporatisation and Waterways
Management Amendment (Port Charges) Regulation 1997.
2 Commencement
This Regulation commences on 1 September 1997.
3 Amendment of Ports Corporatisation and Waterways
Management Regulation 1997
The Ports Corporatisation and Waterways Management
Regulation 1997 is amended as set out in Schedule 1 .
4 Notes
The explanatory note does not form part of this Regulation.
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Ports Corporatisation and Waterways Management Amendment (Port Charges) Regulation 1997
Amendments Schedule 1
Schedule 1 Amendments
(Clause 3)
[1] Part 2A
Insert after Part 2:
Part 2A Port Charges
Division 1 Preliminary 5 Definitions
(1) In this Part: charge means a charge under Part 5 of the Act. container means an article of transport equipment (other than a vessel) that:
(a)
is of a permanent character and accordingly is strong enough to be suitable for repeated use, and
(b)
is specially designed or adapted to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading.
officer of a relevant port authority means:
(a)
if the relevant port authority is the Minister-a delegate of the Minister, or an officer of such a delegate, appointed by the Minister or the delegate (as the case requires) as an officer for the purposes of this Part, or
(b)
if the relevant port authority is a Port Corporation-an officer of the Port Corporation appointed by the Port Corporation as an officer for the purposes of this Part.
owner has the same meaning as in section 48 of the Act. (2) Other words and expressions in this Part have the same
meaning as they have in Part 5 of the Act.
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Ports Corporatisation and Waterways Management Amendment (Port Carges) Regulation 1997
Schedule 1 Amendments
Division 2 General principles for calculation of charges 6 Rates per tonne
If the amount of any charge is to be calculated at a rate per tonne, that calculation may, at the discretion of the relevant port authority, be made on the basis that 1 tonne is equivalent to:
(a) a mass of 1000 kilograms, or (b) a volume of 1 cubic metre or of 1 kilolitre.
7 Goods in bulk
If, in the terms by which any charge is fixed, reference is made to goods of any specified description being in bulk, the reference is to be construed (unless provision is made to the contrary) as a reference to:
(a) goods of that description that have been loaded on to or discharged from a vessel at a designated port by means of a pipeline, conveyor, mechanical
shovel or bucket, or
(b) goods of that description that have been loaded on to or discharged from a vessel at a designated port (otherwise than as referred to in paragraph (a)), but only if those goods are the only goods loaded
on to or discharged from the vessel at that port.
8 Rounding off
For the purpose of calculating a charge that is to be determined by reference to stated units of measurement (whether of weight or volume) of any goods, the measurement of those goods is the lowest whole number of those units that the actual weight or volume of those goods does not exceed.
9 Gross tonnage
(1)
For the purposes of any charge, the gross tonnage of a vessel is the gross tonnage of the vessel as stated on the International Tonnage Certificate (1969) for the vessel issued in accordance with the International Convention on Tonnage Measurement of Ships 1969.
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Ports Corporatisation and Waterways Management Amendment (Port Charges) Regulation 1997
Amendments Schedule 1
(2)
If no such certificate has been issued in respect of the vessel, the gross tonnage of the vessel is to be calculated by the relevant port authority in accordance with the formula set out in the document known as MSC Circular 653 (entitled “MSC/Circ. 653”) issued by the International Maritime Organisation.
Note. Copies of MSC Circular 653 are available from the Australian Maritime Safety Authority. Division 3 Furnishing of particulars 10 Navigation service charge—particulars to be furnished
The owner of a vessel in respect of which a navigation service charge is payable must, at the request of the relevant port authority, furnish the relevant port authority with the following particulars:
(a) the owner’s name and address, (b) the name and identifying particulars of the vessel, (c) the gross tonnage of the vessel, (d)
the port in respect of which the navigation service charge is payable,
(e)
the time, date and nature of the navigation of the vessel in respect of which the navigation service charge is payable,
(f)
such other information with respect to payment of the charge as the relevant port authority reasonably requests.
Maximum penalty: 20 penalty units.
11 Pilotage charge—particulars to be furnished
The owner of a vessel in respect of which a pilotage charge is payable must, at the request of the relevant port authority, furnish the relevant port authority with the following particulars:
(a) the owner’s name and address, (b) the name and identifying particulars of the vessel,
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Ports Corporatisation and Waterways Management Amendment (Port Charges) Regulation 1997
Schedule 1 Amendments
(c) the gross tonnage of the vessel, (d)
such other information with respect to payment of the charge as the relevant port authority reasonably requests.
Maximum penalty: 20 penalty units.
12 Port cargo access charge-particulars of vessel and
operations
A person liable to pay a port cargo access charge must, at the time the person makes the payment, furnish to the relevant port authority the following particulars:
(a)
the name and address of the person making the payment,
(b)
the name of the vessel from or on to which the cargo has been or is to be discharged or loaded, and the site at which the discharge or loading took place or is to take place,
(c) a description of the cargo, (d)
the nature and number of the packages, cases or other receptacles in which the cargo is enclosed (whether or not those receptacles are carried in a container), and the identifying marks and numbers of those receptacles as shown on the bill of lading in respect of the cargo,
(e)
the weight and volume (expressed in cubic metres or in kilolitres) of the cargo or, if the goods concerned are carried in a container without anything else in it, of the container,
(f)
the number of any bill of lading that is to be or has been issued in respect of the cargo,
(g)
such other information with respect to payment of the charge as the relevant port authority reasonably requests.
Maximum penalty: 20 penalty units.
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Ports Corporatisation and Waterways Management Amendment (Port Charges) Regulation 1997
Amendments Schedule 1
13 Particulars of site occupation
The occupier of the site in respect of which a site occupation charge is payable must, at the time of reservation of the site or at such other time as the relevant port authority may require, furnish to the relevant port authority the following particulars:
(a) the type of site sought, (b) the name of the vessel, (c) the name and address of the owner of the vessel, (d) the date and time the site will be required, (e) the general nature of any cargo to be transferred, (f)
the expected duration for which the site will be required,
(g) the intended daily hours of work. Maximum penalty: 20 penalty units.
The occupier of the site in respect of which a site occupation charge is payable must, within 24 hours of vacating the site, furnish to the relevant port authority details of the times when the occupation of the site commenced and finished.
Maximum penalty: 20 penalty units.
For the purposes of subclause (2):
(a) occupation of a site commences at the time when:
(i) the reservation of the site commences, or
(ii) the first cargo arrives at the site for export, or (iii) the vessel arrives at the site, whichever first occurs, and
(b) occupation of a site finishes at the time when:
(i) the last cargo is removed from the site, or (ii) the vessel leaves the site, whichever last occurs.
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Ports Corporatisation and Waterways Management Amendment (Port Charges) Regulation 1997
Schedule 1 Amendments 14 Wharfage charge—particulars of vessel and operations
(1)
A person liable to pay a wharfage charge must, at the time the person makes the payment, furnish to the relevant port authority the following particulars:
(a)
the name and address of the person making the payment,
(b)
the name of the vessel from or on to which the cargo has been or is to be discharged or loaded, and the site at which the discharge or loading took place or is to take place,
(c) a description of the cargo, (d)
the nature and number of the packages, cases or other receptacles in which the cargo is enclosed (whether or not those receptacles are carried in a container), and the identifying marks and numbers of those receptacles as shown on the bill of lading in respect of the cargo,
(e)
the weight and volume (expressed in cubic metres or in kilolitres) of the cargo or, if the goods concerned are carried in a container without anything else in it, of the container,
(f)
the number of any bill of lading that is to be or has been issued in respect of the cargo,
(g)
such other information with respect to payment of the charge as the relevant port authority reasonably requests.
Maximum penalty: 20 penalty units. (2)
An officer of a relevant port authority may require the owner of any goods in respect of which a wharfage charge is payable:
(a)
to produce to that officer any document in respect of a matter relevant to the payment of that charge, or
(b)
to make those goods available for inspection by the officer.
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(3) The owner of any goods who does not comply with any
such requirement is guilty of an offence.
Maximum penalty: 20 penalty units.(4)
Subclause (3) does not apply if the documents or goods, at the time their production or availability was required, were not in the owner's possession or under the owner's control.
15 Manifest for arriving vessel
(1)
On my occasion on which a vessel enters a designated port, the owner of the vessel must ensure that the relevant port authority is given a manifest of all those goods on the voyage that were discharged from the vessel in that port by the close of business on the first working day after the vessel leaves the designated port. Maximum penalty: 20 penalty units.
(2) The particulars required to be included in the manifest
are as follows:
the name of the vessel and the berth at which the
goods are discharged,
the name of the importer of the goods or the agent
of the importer,
the place (or places) at which the goods (or
respective goods) were first loaded for carriage by
sea to the designated port,
the description of the goods, the nature and
number of the packages, cases or other receptacles
in which they are enclosed (whether or not those
receptacles are carried in a container), the
identifying marks and numbers of those
receptacles as shown on the bill of lading in
respect of the goods and the name of the
consignee of the goods,
the weight and volume (expressed in cubic metres
or in kilolitres) of the goods,
if the goods are carried in a container, the
identifying marks and number of the container.
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Schedule 1 Amendments
(3)
If the vessel is a cargo vessel and no such goods are discharged from the vessel in the designated port, the owner of the vessel must ensure that the relevant port authority is given notice of that fact by the close of business on the first working day after the vessel leaves the designated port.
Maximum penalty: 20 penalty units. (4)
This clause applies to a vessel only if a wharfage charge or port cargo access charge is payable in respect of the vessel.
16 Manifest for departing vessel
(1)
On any occasion on which a vessel leaves a designated port, the owner of the vessel must ensure that the relevant port authority is given a manifest of all goods that on the voyage were loaded on the vessel in that port by the close of business on the first working day after the vessel leaves the designated port.
Maximum penalty: 20 penalty units. (2) The particulars required to be included in the manifest
are as follows:
(a)
the name of the vessel and the berth at which the goods were loaded,
(b)
the name of the exporter of the goods or the agent of the exporter,
(c)
the destination (or destinations) to which the goods (or respective goods) are ultimately to be carried by sea,
(d)
the description of the goods, the nature and number of the packages, cases or other receptacles in which they are enclosed (whether or not those receptacles are carried in a container), the identifying marks and numbers of those receptacles as shown on the bill of lading in respect of the goods and the name of the consignor of the goods,
(e)
the weight and volume (expressed in cubic metres or in kilolitres) of the goods,
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Amendments Schedule 1
(f) if the goods are carried in a container, the identifying marks and number of the container. If the vessel is a cargo vessel and no such goods have been loaded in the designated port, the owner of the vessel must ensure that notice is given to the relevant port authority of that fact by the close of business on the first working day after the vessel leaves the designated port.
Maximum penalty: 20 penalty units.
This clause applies to a vessel only if a wharfage charge or port cargo access charge is payable in respect of the vessel. 17 Berthing charge-particulars to be furnished
(1)
The owner of a vessel in respect of which berthing charges are payable must, within 24 hours of those charges first becoming payable due to the berthing of the vessel at a wharf, dolphin or buoy, furnish to the relevant port authority in triplicate the following particulars:
(a) the owner’s name and address, (b) the name of the vessel, (c)
the wharf, dolphin or buoy at which the charges first became payable,
(d) the gross tonnage of the vessel, (e)
in the case of a fishing vessel, the length of the vessel,
(f)
in the case of a ferry, the number of passengers the vessel is authorised by law to carry or, if that ferry is a vehicular ferry, a statement of that fact,
(g)
the time and date of the berthing of the vessel at the wharf, dolphin or buoy.
Maximum penalty: 10 penalty units. (2)
The owner of such a vessel must, within 24 hours after berthing charges have ceased to be payable in respect of that vessel, inform the relevant port authority in writing of that fact.
Maximum penalty: 10 penalty units.
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Ports Corporatisation and Waterways Management Amendment (Port Charges) Regulation 1997
Schedule 1 Amendments [2] Part 3, clause 5
Renumber clause 5 in Part 3 as clause 18.
Insert after clause 18 (as so renumbered):19 Repeal of Marine Port Charges Regulation 1990
(l) The Marine Port Charges Regulation 1990 made under the Marine Port Charges Act 1989 and, by operation of clause 13 (1) of Schedule 5 to the Act, taken to be a regulation made under the Act, is repealed. (2) Any act, matter or thing that had effect under a provision of the repealed regulation is taken to have effect under any corresponding provision of this Regulation.
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