Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022 (Vic)
Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022
No. 19 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Transport Integration Act 2010
Division 1—Ports Victoria amendments
3Definitions
4Divisions 3A and 3B of Part 6 repealed
5New Division 3 of Part 6 inserted
6Determination of initial capital
7Capital
8Repayment of capital
9Annual report
10Corporate plan
11Corporate plan to be followed
12Board of directors to give notice of significant events
13New Part 13 inserted
Division 2—Further Ports Victoria amendments
14Functions of Ports Victoria—pilotage services
15Functions of Ports Victoria—towage service
Division 3—Port reform amendments
16Definitions
17Heading to Division 3C of Part 6 amended
18Establishment of Port of Hastings Development Authority
19Port of Hastings Development Authority not to represent the Crown
20Object of Port of Hastings Development Authority
21Functions of Port of Hastings Development Authority
22Acquisition or disposal of land by Port of Hastings Development Authority to be subject to consultation with the Secretary and approval by Minister
23Public interest functions
Division 4—Restructuring Orders
24Transport Restructuring Orders—general provisions
25New section 65DA inserted
26Statute law revision
Division 5—Other amendments
27Liability of the Secretary for loss or expense as a consequence of entering land
28Liability of the Head, Transport for Victoria for loss or expense as a consequence of entering land
29Licensing of Crown land by Victorian Rail Track
30Delegation by Director, Transport Safety
31Statute law revision
Part 3—Amendment of Port Management Act 1995
Division 1—Towage reforms
32Part 4A substituted
Division 2—Pilotage related amendments
33New Part 4B inserted
Division 3—Ports Victoria related amendments
34Definitions
35Owner of vessel or cargo
36Subsidiary
37Accountability for damage
38Liability of certain persons
39Price regulation
40Exemption from obtaining a licence for provision of prescribed services
41Power to reserve unalienated Crown land for the purposes of the port of Melbourne
42Station Pier land deemed to be reserved land
43Powers of Ports Victoria in relation to reserved Crown land
44Definitions for Part 5—Port fees
45Designated State port entities and approved wharfage fees and channel fees
46Channel fees
47Payment of wharfage and channel fees
48Interest on overdue payments for wharfage and channel fees
49Security for payment of wharfage and channel fees
50Liability of current owners and agents for channel fees
51Waiver or refund of wharfage or channel fees
52Definitions for Part 5A—Powers to restrict access to areas
53Making of a declaration of restricted access area
54Pollution abatement by Ports Victoria
55Recovery of costs of clean up by Ports Victoria
56Hazardous port activity notice
57Definitions for Division 4 of Part 5B—Abandoned or unclaimed goods or things
58Offence to leave things in port waters or on port land
59New heading to Division 1 of Part 6 inserted
60New Division 2 of Part 6 inserted
61Power to prosecute
Division 4—Other port reform amendments
62General powers of port managers
63New section 44BA inserted
64Charges
65Definitions for Part 6B—Port Development Strategy
66New section 91JA inserted
67New Part 18 inserted
Part 4—Amendment of Marine Safety Act 2010
Division 1—Harbour master and pilotage services amendments
68New section 171A
69Imposition or variation of condition of a harbour master licence by Safety Director
70Power of harbour masters to give written and oral directions
71Offence to fail to comply with direction or obstruct, harbour master
72Application for registration as a pilotage services provider
Division 2—Other amendments
73Definitions
74Certain entities must engage harbour masters
75Authorisation to act as assistant harbour master
76Schedule 1—Particular powers of the Safety Director
Part 5—Amendment of Rail Management Act 1996
77Initial specification of rail access maximum prices
78Annual changes in rail access maximum prices
79Increase in maximum prices at request of access provider
80Rail access agreement content order
81When rail access arrangements take effect
Part 6—Amendment of Tourist and Heritage Railway Act 2010
82Prescribed fee for a registration application
Part 7—Amendment of Transport (Safety Schemes Compliance and Enforcement) Act 2014
83Definitions
84Functions and powers
Part 8—Amendment of other Acts
Division 1—Borrowing and Investment Powers Act 1987
85Schedule 1—Borrowing and investment powers of an authority
Division 2—Conservation, Forests and Lands Act 1987
86Delegation of powers and functions
Division 3—Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016
87Definitions
Division 4—Docklands Act 1991
88Definitions
89Transport and port facilities
90Docklands may become or cease to be a port
Division 5—Fire Rescue Victoria Act 1958
91Consultation on an alarm of fire
Division 6—Land Act 1958
92Crown property in bed and banks of certain watercourses
Division 7—Marine (Drug, Alcohol and Pollution Control) Act 1988
93Definitions
Division 8—Suburban Rail Loop Act 2021
94Statute law revision
Division 9—Transport (Compliance and Miscellaneous) Act 1983
95Appointment of a port safety officer for the port of Melbourne
Division 10—Treasury Corporation of Victoria Act 1992
96Definitions for Part 3A—Financial obligations of public authorities
97Schedule 1—Public authorities
Part 9—Repeal of this Act
98Repeal of this Act
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Endnotes
1 General information
Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022
No. 19 of 2022
[Assented to 24 May 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Transport Integration Act 2010—
(i)to provide for the establishment of Ports Victoria and the abolition of the Victorian Ports Corporation (Melbourne) and the Victorian Regional Channels Authority; and
(ii)to confer functions and powers, and impose duties, on Ports Victoria under transport legislation that were previously functions, powers and duties of the Victorian Ports Corporation (Melbourne) and the Victorian Regional Channels Authority; and
(iii)to make further provision in relation to Transport Restructuring Orders; and
(b)to amend the Port Management Act 1995—
(i)to make amendments that relate, or are consequential, to the establishment of Ports Victoria, including the conferral, on Ports Victoria, of functions and powers under that Act that were previously functions and powers of the Victorian Ports Corporation (Melbourne) and the Victorian Regional Channels Authority; and
(ii)to provide for the licensing of the provision of towage services and pilotage services; and
(iii)to make further provision in relation to the powers of port managers; and
(c)to amend the Marine Safety Act 2010—
(i)to make amendments relating to harbour masters that are consequential to the establishment of Ports Victoria and its new functions and powers; and
(ii)to make amendments relating to pilotage services providers that are consequential to the licensing of the provision of pilotage services under the Port Management Act 1995; and
(d)to amend the Rail Management Act 1996 to make miscellaneous amendments to improve the operation of that Act; and
(e)to amend the Tourist and Heritage Railways Act 2010 to enable fees to be prescribed for the processing of applications by tourist and heritage railway operators to be included in the Tourist and Heritage Railway Group Register; and
(f)to amend the Transport (Safety Schemes Compliance and Enforcement) Act 2014 to make amendments relating to harbour masters; and
(g)to make amendments to other Acts that relate, or are consequential, to the establishment of Ports Victoria.
2Commencement
(1)This Part, Divisions 4 and 5 of Part 2, Parts 5 and 6, Division 2 of Part 8 and Part 9 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 1 March 2023, it comes into operation on that day.
Part 2—Amendment of Transport Integration Act 2010
Division 1—Ports Victoria amendments
3Definitions
(1)In section 3 of the Transport Integration Act 2010 insert the following definitions—
"local port has the same meaning as in the Port Management Act 1995;
port land means—
(a)in the case of the port of Melbourne, the port of Melbourne land within the meaning of the Port Management Act 1995; and
(b)in the case of any other port, the land declared by Order in Council made under section 5 of that Act to be the port land of that port;
Ports Victoria means the body corporate continued under section 133B;
regional port waters means port waters other than—
(a)port of Melbourne waters; or
(b)waters declared by Order in Council under section 5(2) of the Port Management Act 1995 to be the port waters of a local port (within the meaning of that Act); or
(c)waters deemed under section 183(1) of the Port Management Act 1995 to be the waters of a local port (within the meaning of that Act) for the purposes of that Act;
Victorian ports system means all the components that make up Victoria's system of commercial trading ports and local ports including the following—
(a)port land and port waters;
(b)the physical components such as—
(i)transport networks and ways including channels, shipping lanes, waterways, roads and railways;
(ii)facilities for accessing, disembarking, unloading and the interchange of persons and goods and for the storage of freight, vessels and vehicles, including inter-modal transfer facilities, freight yards, port facilities, wharves, piers, jetties, depots and networks;
(iii)ferries, boats and ships and other vessels and vehicles;
(iv)control, communications, navigation and location systems and technology, information, and other systems and equipment;
(c)the management components such as—
(i)strategic planning including plans for building the network, acquiring vessels, reserving land for future development and business continuity;
(ii)operations planning including business plans, corporate plans, operations plans and contingency plans;
(iii)operational matters required to operate the Victorian ports system;
(iv)administration, maintenance and information management matters;
(v)research and marketing including advertising and promotions;
(d)the labour components including—
(i)pilotage services providers, pilots, harbour masters, towage service providers and all the persons involved in the operation of vessels or water and landside operations within the Victorian ports system;
(ii)all the persons involved in planning, policy development, operations and managing the physical and management components of the Victorian ports system;
(e)the services components including passenger, freight and any other transport services to move persons and goods;".
(2)In section 3 of the Transport Integration Act 2010, after paragraph (d) of the definition of sector transport agency insert—
"(e)Ports Victoria; or".
(3)In section 3 of the Transport Integration Act 2010, paragraphs (f) and (g) of the definition of sector transport agency are repealed.
(4)In section 3 of the Transport Integration Act 2010, in the definition of transport body—
(a)for paragraph (p) substitute—
"(p)Ports Victoria;";
(b)paragraph (r) is repealed.
(5)In section 3 of the Transport Integration Act 2010, for paragraph (d) of the definition of Transport Corporation substitute—
"(d)Ports Victoria; or".
(6)In section 3 of the Transport Integration Act 2010, paragraph (e) of the definition of Transport Corporation is repealed.
(7)In section 3 of the Transport Integration Act 2010, the definitions of Victorian Ports Corporation (Melbourne) and Victorian Regional Channels Authority are repealed.
4Divisions 3A and 3B of Part 6 repealed
Divisions 3A and 3B of Part 6 of the Transport Integration Act 2010 are repealed.
5New Division 3 of Part 6 inserted
After Division 2 of Part 6 of the Transport Integration Act 2010 insert—
"Division 3—Ports Victoria
133ADefinitions
In this Division—
local port manager has the same meaning as in the Marine Safety Act 2010;
marine safety infrastructure has the same meaning as in the Marine Safety Act 2010;
TRO No. 1/2021 means the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Ports Victoria) No. 1/2021 dated 16 June 2021 and published in the Government Gazette on 17 June 2021;
waterway manager has the same meaning as in the Marine Safety Act 2010.
133BPorts Victoria
The sector transport agency Ports Victoria constituted by TRO No. 1/2021 (as in force immediately before the commencement of this section) is continued under this Act.
133CPorts Victoria not to represent the Crown
Ports Victoria is a public entity, but does not represent the Crown.
133DObject of Ports Victoria
(1)The main objects of Ports Victoria are to manage, and support the management of, port of Melbourne waters, channels in port of Melbourne waters, regional port waters and channels in regional port waters for use on a fair, safe and efficient basis consistent with the vision statement and the transport system objectives.
(2)Without limiting the generality of subsection (1), the objects of Ports Victoria include the following—
(a)to promote and facilitate trade through commercial trading ports and local ports;
(b)to support the strategic planning and development of the Victorian ports system;
(c)to participate in emergency management at a State level in accordance with the state emergency management plan within the meaning of the Emergency Management Act 2013;
(d)to undertake operational activities, including asset management and project management in relation to the Victorian ports system;
(e)to provide technical and consultancy services in relation to the Victorian ports system.
133EFunctions of Ports Victoria
(1)The functions of Ports Victoria are—
(a)to establish, provide, and maintain port systems and infrastructure for port land and port waters for which Ports Victoria is responsible; and
(b)to manage and develop, or enable and control the management and development of, port land and infrastructure for which Ports Victoria is responsible; and
(c)to provide navigational control and safety services in State waters other than port waters; and
(d)to establish and manage channels in the port waters of commercial trading ports; and
(e)to dredge and maintain, in accordance with standards determined under section 199 of the Marine Safety Act 2010, channels in the port waters of commercial trading ports; and
(f)to provide and maintain, in accordance with standards determined under section 199 of the Marine Safety Act 2010, navigation aids in connection with navigation in port land and port waters for which Ports Victoria is responsible; and
(g)to provide and maintain marine safety infrastructure in connection with port land and port waters for which Ports Victoria is responsible; and
(h)to generally direct and control the movement of vessels in port of Melbourne waters and regional port waters in accordance with the Marine Safety Act 2010; and
(i)to provide advice and information to port managers in relation to the integrated planning, development, management and promotion activities for ports; and
(j)to provide advice, guidance and expertise in relation to port and maritime issues to local port managers and waterway managers; and
(k)to engage harbour masters in accordance with the Marine Safety Act 2010; and
(l)to develop standards and codes for navigational safety in relation to the Victorian ports system; and
(m)to promote the sustainable growth of trade carried out through the Victorian ports system; and
(n)to develop and facilitate the development of the cruise ship industry in Victoria; and
(o)any other function conferred on Ports Victoria by this or any other Act.
(2)Ports Victoria must ensure that a standard or code developed for the purposes of subsection (1)(l) is published on an Internet website maintained by Ports Victoria.
(3)It is not a function of Ports Victoria to develop strategic or regulatory policy in relation to the functions described in subsection (1).
(4)In performing the functions conferred on it, Ports Victoria must—
(a)carry out its functions consistently with State policies and strategies for the development of the Victorian port and freight networks; and
(b)to the extent that it is possible to do so consistently with paragraph (a), operate in a commercially sound manner having regard to—
(i)the benefits of increased competition between persons and bodies that provide services related to the operation of the port of Melbourne; and
(ii)the persons living or working in the immediate neighbourhood of the port of Melbourne; and
(iii)the benefits of increased competition between persons and bodies that provide services related to the operation of regional port waters or State waters in relation to which Ports Victoria is carrying out its functions; and
(iv)the need to conduct research and collect information relating to the performance of Ports Victoria's functions so as to enable Ports Victoria to meet its main objects; and
(v)the need to deal efficiently with any complaints relating to the performance of Ports Victoria's functions.
(5)Ports Victoria may perform a function described in subsection (1)(d), (e), (f) or (g) in relation to a commercial trading port or channels in the port waters of a commercial trading port by arranging for the port manager of the commercial trading port or another person—
(a)to establish, manage and, in accordance with the standards determined under section 199 of the Marine Safety Act 2010, dredge and maintain channels in the waters of the commercial trading port; and
(b)to provide and maintain, in accordance with the standards determined under section 199 of the Marine Safety Act 2010, navigation aids in connection with navigation in the waters of that port or channels in those waters; and
(c)to direct and control the movement of vessels within the waters of that port or channels in those waters in accordance with the Marine Safety Act 2010.
(6)Subject to subsection (7), Ports Victoria may enter into an arrangement with a person, other than a port manager of a local port or a waterway manager, to provide a port service or navigation or marine service for a fee or charge.
(7)Ports Victoria may only enter into an agreement under subsection (6) to provide a service, or any part of a service, outside Victoria—
(a)after consultation with the Secretary; and
(b)if the Minister has approved Ports Victoria to provide that service, or a relevant class of service, outside Victoria.
133FPublic interest functions of Ports Victoria
(1)The Minister, with the approval of the Treasurer, may direct the board of Ports Victoria—
(a)to perform certain functions that the Minister considers to be in the public interest but that may cause Ports Victoria to suffer financial detriment; or
(b)to cease to perform functions of a kind referred to in paragraph (a); or
(c)to cease to perform certain functions that the Minister considers not to be in the public interest.
(2)The board of Ports Victoria must comply with a direction given under subsection (1).
(3)If Ports Victoria satisfies the Treasurer that it has suffered financial detriment as a result of complying with a direction given under subsection (1), Ports Victoria may be reimbursed by the State an amount determined by the Treasurer and the Consolidated Fund is appropriated to the necessary extent.
(4)The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.
133GPorts Victoria may provide services for fee or charge
Ports Victoria may, on request, provide a prescribed service, or any part of a prescribed service, to the port manager of a local port or a waterway manager—
(a)without fee or charge; or
(b)in prescribed circumstances, for a fee or charge that does not exceed the cost of providing the service.".
6Determination of initial capital
In section 158(6) of the Transport Integration Act 2010, for "the Victorian Ports Corporation (Melbourne), the Port of Hastings Development Authority and the Victorian Regional Channels Authority" substitute "Ports Victoria and the Port of Hastings Corporation".
7Capital
In section 159(2) of the Transport Integration Act 2010, for "the Victorian Ports Corporation (Melbourne), the Port of Hastings Development Authority and the Victorian Regional Channels Authority" substitute "Ports Victoria and the Port of Hastings Corporation".
8Repayment of capital
In section 160(3) of the Transport Integration Act 2010, for "the Victorian Ports Corporation (Melbourne), the Port of Hastings Development Authority and the Victorian Regional Channels Authority" substitute "Ports Victoria and the Port of Hastings Corporation".
9Annual report
(1)In section 164(2) of the Transport Integration Act 2010—
(a)for "The Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(b)for "section 141H" substitute "section 133F".
(2)Section 164(3) of the Transport Integration Act 2010 is repealed.
(3)In section 164(4) of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
10Corporate plan
In section 165(13) of the Transport Integration Act 2010, for "the Victorian Ports Corporation (Melbourne), the Port of Hastings Development Authority and the Victorian Regional Channels Authority" substitute "Ports Victoria and the Port of Hastings Corporation".
11Corporate plan to be followed
In section 167(3) of the Transport Integration Act 2010, for "the Victorian Ports Corporation (Melbourne), the Port of Hastings Development Authority and the Victorian Regional Channels Authority" substitute "Ports Victoria and the Port of Hastings Corporation".
12Board of directors to give notice of significant events
In section 169(3) of the Transport Integration Act 2010, for "the Victorian Ports Corporation (Melbourne), the Port of Hastings Development Authority and the Victorian Regional Channels Authority" substitute "Ports Victoria and the Port of Hastings Corporation".
13New Part 13 inserted
After Part 12 of the Transport Integration Act 2010 insert—
"Part 13—Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022
327Definitions
In this Part—
amending Act means the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022;
commencement day means the day on which Division 1 of Part 2 of the amending Act comes into operation;
Victorian Ports Corporation (Melbourne) means the body corporate continued under section 141B as in force immediately before the commencement day;
Victorian Regional Channels Authority means the body corporate continued under section 141J as in force immediately before the commencement day.
328Victorian Ports Corporation (Melbourne) abolished
(1)On the commencement day—
(a)the Victorian Ports Corporation (Melbourne) is abolished; and
(b)the person appointed as Chief Executive of the Victorian Ports Corporation (Melbourne) goes out of office.
Note
Under the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Ports Victoria) No. 1/2021 dated 16 June 2021 and published in the Government Gazette on 17 June 2021, the Victorian Ports Corporation (Melbourne) was restructured so that the Corporation consists of one member appointed as Chief Executive of the Corporation.
(2)On and from the commencement day—
(a)any rights, property and assets that immediately before the commencement day were vested in the Victorian Ports Corporation (Melbourne) are taken to be vested in Ports Victoria; and
(b)any debts, liabilities and obligations of the Victorian Ports Corporation (Melbourne) that existed immediately before that time are taken to be the debts, liabilities and obligations of Ports Victoria; and
(c)Ports Victoria is substituted as a party to any proceedings pending in any court to which the Victorian Ports Corporation (Melbourne) was a party immediately before that time; and
(d)Ports Victoria is substituted as a party to any arrangement or contract entered into by or on behalf of the Victorian Ports Corporation (Melbourne); and
(e)any reference to the Victorian Ports Corporation (Melbourne) in any Act, subordinate instrument or other document, so far as it relates to any period after that time and if not inconsistent with the context or subject matter, must be construed as a reference to Ports Victoria.
329Victorian Regional Channels Authority abolished
(1)On the commencement day—
(a)the Victorian Regional Channels Authority is abolished; and
(b)the person appointed as Chief Executive of the Victorian Regional Channels Authority goes out of office.
Note
Under the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Ports Victoria) No. 1/2021 dated 16 June 2021 and published in the Government Gazette on 17 June 2021, the Victorian Regional Channels Authority was restructured so that the Authority consists of one member appointed as Chief Executive of the Authority.
(2)On and from the commencement day—
(a)any rights, property and assets that immediately before the commencement day were vested in the Victorian Regional Channels Authority are taken to be vested in Ports Victoria; and
(b)any debts, liabilities and obligations of the Victorian Regional Channels Authority that existed immediately before that time are taken to be the debts, liabilities and obligations of Ports Victoria; and
(c)Ports Victoria is substituted as a party to any proceedings pending in any court to which the Victorian Regional Channels Authority was a party immediately before that time; and
(d)Ports Victoria is substituted as a party to any arrangement or contract entered into by or on behalf of the Victorian Regional Channels Authority; and
(e)any reference to the Victorian Regional Channels Authority in any Act, subordinate instrument or other document, so far as it relates to any period after that time and if not inconsistent with the context or subject matter, must be construed as a reference to Ports Victoria.
330References to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority
Without limiting sections 328 and 329, on and from the commencement day, any reference to the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority in any instrument of delegation made before that day under section 31, 39 or 64R is taken to be a reference to Ports Victoria.
331Directions to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority
(1)Without limiting sections 328 and 329, on and from the commencement day any direction given to the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority under section 38A before that day is taken to be a direction given to Ports Victoria.
(2)Without limiting sections 328 and 329, on and from the commencement day any direction given to the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority under section 163 before that day is taken to be a direction given to Ports Victoria.
332Requirements to provide information
Without limiting sections 328 and 329, on and from the commencement day, any requirement given to the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority under section 162 before that day is taken to be a requirement given to Ports Victoria.
333Instruments
Without limiting sections 328 and 329, on and from the commencement day, any instrument made by the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority or a sub-delegate of the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority under section 170 before that day is taken to be made by Ports Victoria.".
Division 2—Further Ports Victoria amendments
14Functions of Ports Victoria—pilotage services
After section 133E(1)(l) of the Transport Integration Act 2010 insert—
"(la)to license pilotage services providers in accordance with the Port Management Act 1995; and".
15Functions of Ports Victoria—towage service
After section 133E(1)(n) of the Transport Integration Act 2010 insert—
"(na)to licence towage service providers in accordance with the Port Management Act 1995; and".
Division 3—Port reform amendments
16Definitions
In section 3 of the Transport Integration Act 2010—
(a)in the definition of Port of Hastings Development Authority, for "Development Authority" substitute "Corporation";
(b)in paragraph (h) of the definition of sector transport agency, for "Development Authority" substitute "Corporation";
(c)in paragraph (q) of the definition of transport body, for "Development Authority" substitute "Corporation";
(d)in paragraph (f) of the definition of Transport Corporation, for "Development Authority" substitute "Corporation".
17Heading to Division 3C of Part 6 amended
In the heading to Division 3C of Part 6 of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
18Establishment of Port of Hastings Development Authority
(1)In the heading to section 141Q of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
(2)In section 141Q of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
19Port of Hastings Development Authority not to represent the Crown
(1)In the heading to section 141R of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
(2)In section 141R of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
20Object of Port of Hastings Development Authority
(1)In the heading to section 141S of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
(2)For section 141S(1) of the Transport Integration Act 2010 substitute—
"(1)The primary object of the Port of Hastings Corporation is to manage, develop and operate the port of Hastings consistently with the vision statement and the transport system objectives.".
21Functions of Port of Hastings Development Authority
(1)In the heading to section 141T of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
(2)In section 141T(1) of the Transport Integration Act 2010, for "Development Authority" (where twice occurring) substitute "Corporation".
(3)In section 141T(2) of the Transport Integration Act 2010, for "Development Authority" (wherever occurring) substitute "Corporation".
22Acquisition or disposal of land by Port of Hastings Development Authority to be subject to consultation with the Secretary and approval by Minister
(1)In the heading to section 141U of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
(2)In section 141U(1) and (2) of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
23Public interest functions
(1)In section 141V(1) of the Transport Integration Act 2010, for "Development Authority" (where twice occurring) substitute "Corporation".
(2)In section 141V(2) of the Transport Integration Act 2010, for "Development Authority" substitute "Corporation".
(3)In section 141V(3) of the Transport Integration Act 2010, for "Development Authority" (where twice occurring) substitute "Corporation".
Division 4—Restructuring Orders
24Transport Restructuring Orders—general provisions
(1)For section 65A(1)(c) of the Transport Integration Act 2010 substitute—
"(c)whether a Transfer Order is required in relation to any proposed restructuring and whether the transfer of any employees will be necessary;".
(2)In section 65A(4)(d) of the Transport Integration Act 2010, after "confer" insert "functions,".
25New section 65DA inserted
After section 65D of the Transport Integration Act 2010 insert—
65DAImposition and conferral of specific duties, functions and powers to support and assist in giving effect to Transport Restructuring Order"
(1)This section applies if—
(a)a Transport Restructuring Order—
(i)imposes duties and confers functions or powers on a sector transport agency under transport legislation; and
(ii)provides that those duties, functions and powers are only to be performed or exercised by that sector transport agency on an ongoing basis; and
(b)the duties, functions and powers referred to in paragraph (a)(ii) were all of the duties imposed and functions and powers conferred on another sector transport agency (the previous transport sector agency); and
(c)the previous transport sector agency continues to exist.
(2)On and after the day on which the Transport Restructuring Order comes into operation, the previous transport sector agency is taken to have the following functions, powers and duties—
(a)the duty to comply with any direction given to it by the Minister or Secretary under this Act;
(b)the function of providing any support or assistance that the Minister, the Secretary and any other transport sector agency requires to enable them to give effect to the Transport Restructuring Order;
(c)the power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of the duty under paragraph (a) and the function under paragraph (b);
(d)the duty to have regard to the transport system objectives in exercising its powers and performing the function under paragraph (b).".
26Statute law revision
In section 66N(2) of the Transport Integration Act 2010, for "the another" substitute "another".
Division 5—Other amendments
27Liability of the Secretary for loss or expense as a consequence of entering land
For section 37(6) and (7) of the Transport Integration Act 2010 substitute—
"(6)The Secretary is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—
(a)sustained pecuniary loss; or
(b)incurred any expense.
(7)Compensation under subsection (6) must be claimed and dealt with in accordance with the Land Acquisition and Compensation Act 1986, as if it were a claim under section 47(1) of that Act.".
28Liability of the Head, Transport for Victoria for loss or expense as a consequence of entering land
For section 64L(6) and (7) of the Transport Integration Act 2010 substitute—
"(6)The Head, Transport for Victoria is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—
(a)sustained pecuniary loss; or
(b)incurred any expense.
(7)Compensation under subsection (6) must be claimed and dealt with in accordance with the Land Acquisition and Compensation Act 1986, as if it were a claim under section 47(1) of that Act.".
29Licensing of Crown land by Victorian Rail Track
In section 125(1)(e) of the Transport Integration Act 2010, after "lease" insert "or licence".
30Delegation by Director, Transport Safety
For section 178(1) of the Transport Integration Act 2010 substitute—
"(1)The Director, Transport Safety, by instrument, may delegate any power, duty or function of the Director, Transport Safety conferred or imposed by or under this Act, the Marine Safety Act 2010, the Bus Safety Act 2009, the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or any other Act, including, subject to subsection (3), this power of delegation, to any person.".
31Statute law revision
In section 3 of the Transport Integration Act 2010, in the definition of commercial passenger vehicle, for "in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983" substitute "in the Commercial Passenger Vehicle Industry Act 2017".
Part 3—Amendment of Port Management Act 1995
Division 1—Towage reforms
32Part 4A substituted
For Part 4A of the Port Management Act 1995 substitute—
"Part 4A—Regulation of provision of towage services
Division 1—Preliminary
73ADefinitions
In this Part—
business day means a day other than—
(a)a Saturday or Sunday; or
(b)a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday throughout the whole of Victoria;
disciplinary action—see section 73R;
licence holder means a holder of a towage service licence;
licensed towage service provider means a person who holds a licence issued under section 73H;
show cause notice—see section 73S(2);
towage service means the service of supplying one or more towage vessels to assist in the navigation of other vessels by towing or pushing those vessels into, within or out of port waters;
towage service determination means a determination made under section 73B;
towage service licence means a licence issued under section 73H;
towage vessel means a vessel designed or intended to be used to assist another vessel's navigation by towing or pushing that vessel.
Division 2—Towage service determination
73BTowage service determination
(1)Ports Victoria may make a determination that sets out the requirements and standards that are to apply to the provision of a towage service in a commercial trading port.
(2)Without limiting subsection (1), a determination under that subsection may specify—
(a)the period of time for which its provisions operate (the determination period); and
(b)the commercial trading port in which a towage service to which the determination applies is to be provided; and
(c)the minimum number of towage vessels required to be provided by licensed towage service providers during the determination period; and
(d)the minimum towing and pushing capacity of any such vessels; and
(e)the minimum emergency response capabilities (including minimum fire‑fighting capabilities) of any such vessels or class of such vessels and any specified standards applicable to such capabilities; and
(f)the minimum requirements necessary for such vessels to be fit to provide the service that the vessels are to be used to provide; and
(g)the availability required for such vessels to provide the services; and
(h)the availability required for such vessels that have emergency response capabilities (including fire-fighting capabilities).
(3)A determination under subsection (1) may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstances;
(c)provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the determination—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to any extent that is specified.
(4)The determination period determined under subsection (2)(a)—
(a)must not commence until 2 months after the day on which the determination is published in the Government Gazette; and
(b)must commence immediately on the termination of a previous determination period (other than in the case of the first determination made under this section); and
(c)must terminate at a time that ensures paragraphs (a) and (b) may be complied with.
(5)A standard specified for the emergency response capabilities (including the fire-fighting capabilities) for a towage vessel, or a class of towage vessel, in a determination under subsection (1) must meet or exceed the relevant standard specified by the Director, Transport Safety under section 202B of the Marine Safety Act 2010.
(6)In making a determination under subsection (1), Ports Victoria—
(a)must have regard to—
(i)the requirements that are necessary for the safe and efficient operation of the applicable commercial trading port for the determination period; and
(ii)any submissions made under section 73D as to the proposed determination notified under section 73C; and
(b)must not make a determination that has greater requirements as to the number, capacity and availability of vessels than those requirements set out in the proposed determination notified under section 73C.
(7)A determination under subsection (1)—
(a)must be published in the Government Gazette; and
(b)has effect from the date of publication; and
(c)operates for the determination period.
73CProcess for making towage service determination
(1)Subject to subsection (2), Ports Victoria must publish notice of a proposal to make a towage service determination in the Government Gazette before making the determination.
(2)Ports Victoria must consult the port manager of a commercial trading port on a proposal to make a towage service determination that will apply to a towage service provided in the commercial trading port at least 30 days before publishing a notice under subsection (1).
(3)A notice under subsection (1) must be published at least one month before the making of the determination.
(4)A notice under subsection (1) must set out—
(a)the proposed form and content of the determination; and
(b)the fact that written submissions may be made on the proposed determination to Ports Victoria; and
(c)the time within which the written submissions must be made under section 73D.
73DEntitlement to make submissions
(1)A person who is likely to be affected by a proposed determination notified under section 73C may make a written submission to Ports Victoria about the determination.
(2)A submission under subsection (1) must be made within the time specified in the notice published under section 73C.
Division 3—Licence required to provide towage service
73EWhat a towage service licence authorises
(1)A towage service licence authorises the licence holder to provide the towage service specified in the licence in a commercial trading port specified in the licence.
(2)An authority referred to in subsection (1) is subject to—
(a)any other provision of this Act; and
(b)the conditions specified in this Act and in the towage service licence.
73FOffence to provide towage service without licence
A person must not provide a towage service in a commercial trading port in respect of which there is a towage service determination in effect unless the person holds a towage service licence that—
(a)authorises them to provide the towage service specified in the licence in that commercial trading port; and
(b)is in force.
Penalty:60 penalty units.
Division 4—Licensing process
73GApplication
(1)A person who proposes to provide a towage service in a commercial trading port may apply to Ports Victoria for the issue of a towage service licence.
(2)An application under subsection (1) must—
(a)be in the form determined by Ports Victoria; and
(b)be accompanied by the prescribed fee (if any); and
(c)describe the towage service proposed to be provided; and
(d)specify the commercial trading port in which the towage service is proposed to be provided; and
(e)contain any other information required by Ports Victoria.
(3)Ports Victoria—
(a)may require an applicant to provide further information or material in respect of the application; and
(b)may require that the information or material be verified.
73HDetermination of application
(1)On receiving an application under section 73G, Ports Victoria may—
(a)approve the application and issue a towage service licence; or
(b)refuse the application.
(2)In making a decision under subsection (1), Ports Victoria—
(a)must have regard to whether the towage service described in the application meets requirements and standards set out in the towage service determination that applies to the provision of the towage service in the commercial trading port in which the towage service is proposed to be provided; and
(b)may have regard to any other matter that Ports Victoria considers relevant.
73IConditions of towage service licence
(1)A towage service licence is subject to any conditions that Ports Victoria thinks fit and specifies in the licence.
(2)Without limiting subsection (1), Ports Victoria may make a towage service licence subject to a condition that—
(a)the licence holder must provide the towage service specified in the licence in the commercial trading port specified in the licence in a way that meets the requirements and standards set out in the towage service determination that apply to the provision of a towage service in the specified commercial trading port; or
(b)the licence holder must provide the towage service specified in the licence in the commercial trading port specified in the licence that departs, in a specified way, from the requirements and standards set out in the towage service determination that apply to the provision of a towage service in the specified commercial trading port.
73JCompliance with licence conditions
A licence holder must comply with the conditions to which the towage service licence is subject.
Penalty:240 penalty units.
73KPeriod a towage service licence is in effect
(1)A towage service licence issued under section 73H(1)(a)—
(a)takes effect on the day the towage service licence is issued; and
(b)remains in effect for the period of 5 years commencing on the day the licence takes effect unless suspended, cancelled or surrendered.
(2)A towage service licence may be renewed under Division 5.
Division 5—Renewal of towage service licence
73LApplication
(1)A licence holder may apply to Ports Victoria for the renewal of the towage service licence they hold before the expiry of the licence.
(2)An application under subsection (1) must—
(a)be in the form determined by Ports Victoria; and
(b)be accompanied by the prescribed fee (if any); and
(c)describe the towage service proposed to be provided under the renewed licence; and
(d)specify the commercial trading port in which the towage service is proposed to be provided under the renewed licence; and
(e)contain any other information required by Ports Victoria.
(3)Ports Victoria—
(a)may require an applicant to provide further information or material in respect of the application; and
(b)may require that the information or material be verified.
73MDetermination of application
(1)On receiving an application under section 73L, Ports Victoria may—
(a)approve the application and renew the towage service licence that is the subject of the application; or
(b)refuse the application.
(2)In making a decision under subsection (1), Ports Victoria—
(a)must have regard to whether the towage service described in the application meets requirements and standards set out in the towage service determination that applies to the provision of the towage service in the commercial trading port in which the towage service is proposed to be provided under the renewed licence; and
(b)may have regard to any other matter that Ports Victoria considers relevant.
(3)If Ports Victoria approves an application under subsection (1), Ports Victoria may—
(a)amend or remove any condition of the renewed towage service licence; or
(b)impose a new condition on the renewed towage service licence.
73NTowage service licence may be renewed more than once
A towage service licence may be renewed under this Division more than once.
Division 6—Amendment of licence conditions
73OPorts Victoria may amend or remove conditions or impose new conditions
(1)Ports Victoria, on Ports Victoria's own initiative, or on the written application of the licence holder, may—
(a)amend or remove a condition of a towage service licence; or
(b)impose a new condition on a towage service licence.
(2)Ports Victoria must, before taking action under subsection (1) on its own initiative—
(a)give the licence holder written notice of the action that Ports Victoria proposes to take and of the reasons for taking it; and
(b)allow the licence holder to make written representations about the proposed action within 10 business days after being notified of it (or any other period that Ports Victoria and the licence holder agree).
(3)Ports Victoria must give the licence holder written notice of the action taken under subsection (1) as soon as practicable after taking the action.
(4)A notice under subsection (3) must—
(a)include a statement of reasons for the action taken; and
(b)inform the licence holder that they have a right to seek review of the decision of Ports Victoria to take the action under Division 9.
Division 7—Surrender of towage service licence
73PSurrender
A licence holder may surrender their towage service licence to Ports Victoria.
Division 8—Disciplinary action
73QWhen Ports Victoria may take disciplinary action against a licence holder
Ports Victoria may take disciplinary action under this Division against a licence holder in respect of a towage service licence held by the licence holder if Ports Victoria has reason to believe that—
(a)the licence holder has contravened or is contravening a condition imposed on the towage service licence they hold; or
(b)the licence holder has contravened or is contravening this Part; or
(c)the towage service licence the licence holder holds was obtained because of false or misleading information given as part of, or in relation to, the application for the licence.
73RDisciplinary actions that may be taken in relation to towage service licence
Subject to this Division, Ports Victoria may take either or both of the following actions (disciplinary actions) in relation to a licence holder—
(a)cancel the towage service licence the licence holder holds;
(b)suspend the towage service licence the licence holder holds for a specified period or until a specified event occurs.
73SProcedure for taking disciplinary action—show cause notice
(1)This section applies if Ports Victoria proposes to take disciplinary action against a licence holder under this Division.
(2)Ports Victoria must serve on the licence holder a notice (a show cause notice) that—
(a)specifies the proposed disciplinary action (including any proposed period of suspension); and
(b)specifies the grounds for the proposed disciplinary action; and
(c)contains an outline of the facts and circumstances forming the basis for the grounds for the proposed disciplinary action; and
(d)invites the licence holder to make a written submission within a specified period as to why the proposed disciplinary action should not be taken; and
(e)states the consequences for the licence holder of not responding to the notice.
(3)For the purposes of subsection (2)(d), the period specified in the show cause notice must be a period of at least 20 business days after the day on which the show cause notice is served on the licence holder.
73TPorts Victoria may extend time for making submissions in relation to show cause notices
(1)A licence holder served a show cause notice under section 73S may request Ports Victoria to extend the time within which the holder may make a submission under a notice under that section.
(2)A request must be in writing and set out the reasons for the request.
(3)On receiving a request, Ports Victoria, by written notice served on the licence holder, may extend the time within which the holder may make the submission.
(4)A notice under subsection (3) must state the new date by which the licence holder may make the submission.
73UDecision on taking disciplinary action
(1)If Ports Victoria is satisfied that grounds for taking disciplinary action against a licence holder have been established, it may take—
(a)any disciplinary action specified in the show cause notice; or
(b)disciplinary action that is less severe.
(2)In deciding whether to take disciplinary action, Ports Victoria must consider any submission made to it by the licence holder in accordance with the show cause notice served on the holder.
(3)Ports Victoria must, as soon as practicable, serve written notice on the licence holder of the decision with respect to taking, or not taking, disciplinary action.
(4)If the decision is to take disciplinary action, the written notice must set out—
(a)the disciplinary action being taken; and
(b)the reasons for the decision; and
(c)the date on which any cancellation or suspension takes effect.
(5)The date set out in a notice under subsection (4) must not be earlier than 5 business days after the day on which the notice under subsection (3) is served.
73VEffect of suspension of towage service licence
(1)This section applies if a licence holder's towage service licence is suspended under this Division.
(2)During the period of the suspension of the towage service licence—
(a)the towage service licence is taken not to be in effect; and
(b)the person is taken not to be a licence holder; and
(c)the person is disqualified from applying for a towage service licence.
Division 9—Internal and VCAT review of decisions
Subdivision 1—Interpretation
73WReviewable decisions
(1)The following Table sets out—
(a)decisions made under this Part that are reviewable in accordance with this Part (reviewable decisions); and
(b)who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).
Table
ItemProvision under which reviewable decision is made Eligible person in relation to reviewable decision 1 Section 73H(1) (refusal of application for towage service licence) Applicant for towage service licence 2 Section 73I(1)(a) (imposition of condition on towage service licence) Licence holder 3 Section 73M(1) (refusal of application for renewal of towage service licence) Licence holder 4 Section 73M(3)(a) (amendment or removal of condition of renewed towage service licence) Licence holder 5 Section 73M(3)(b) (imposition of new condition on renewed towage service licence) Licence holder 6 Section 73O(1)(a) (amendment or removal of condition of towage service licence by Ports Victoria on own initiative) Licence holder 7 Section 73O(1)(a) (refusal to amend or remove condition of towage service licence) Licence holder 8 Section 73O(1)(b) (imposition of new condition on towage service licence by Ports Victoria on own initiative) Licence holder 9 Section 73Q (the taking of disciplinary action) Licence holder (2)A reviewable decision does not include a decision referred to in the Table in subsection (1) that was affirmed, varied or substituted for another decision under section 73Z.
Subdivision 2—Internal review
73XApplication for internal review
(1)An eligible person may apply to Ports Victoria for review of a reviewable decision.
Note
Subdivision 3 provides for the review by VCAT of a reviewable decision.
(2)An application under subsection (1) must be made within—
(a)20 business days after the day on which the decision first came to the eligible person's notice; or
(b)such longer period as Ports Victoria allows.
(3)An application under subsection (1) must be made in the manner and form determined by Ports Victoria.
73YPorts Victoria may stay operation of decision subject to application for internal review
(1)An application under section 73X does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Ports Victoria stays the operation of the decision pending the determination of the internal review—
(a)on Ports Victoria's own initiative; or
(b)on the application of the applicant for review.
(2)Ports Victoria must make a decision on an application for a stay within 2 business days after the making of that application.
(3)If Ports Victoria has not made a decision in accordance with subsection (2), it is taken to have made a decision to grant a stay.
(4)Ports Victoria may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.
73ZDetermination of application for internal review
(1)On receiving an application made in accordance with section 73X, Ports Victoria must make a fresh decision—
(a)that affirms or varies the reviewable decision; or
(b)that sets aside the reviewable decision and substitutes another decision that it considers appropriate.
(2)Ports Victoria must give a written notice (a decision notice) to the applicant setting out—
(a)the decision of Ports Victoria under subsection (1) and the reasons for the decision; and
(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(3)Ports Victoria must give a decision notice to the applicant within 20 business days after the application is made.
(4)If Ports Victoria does not comply with subsection (3), Ports Victoria is taken to have made a decision to affirm the reviewable decision.
Subdivision 3—VCAT review
73ZAReview of Ports Victoria decisions by VCAT
(1)An eligible person may apply to VCAT for review of a decision referred to in the Table in section 73W(1) made by Ports Victoria under section 73Z or otherwise.
(2)An application under subsection (1) must be made within 28 days after the later of—
(a)the day on which the decision of Ports Victoria was made; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Division 10—Miscellaneous
73ZBRegister of holders of towage service licences
(1)Ports Victoria must keep and maintain a register of every holder of a towage service licence.
(2)The register kept under subsection (1) must set out—
(a)the name and address of each holder of a towage service licence; and
(b)the date of issue of each towage service licence held by a holder of a towage service licence; and
(c)any other information that Ports Victoria determines should be included in the register.".
Division 2—Pilotage related amendments
33New Part 4B inserted
After Part 4A of the Port Management Act 1995 insert—
"Part 4B—Licensing of the provision of pilotage services in pilot required waters
Division 1—Preliminary
73ZCDefinitions
In this Part—
applicable standards—see section 73ZD;
business day means a day other than—
(a)a Saturday or Sunday; or
(b)a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday throughout the whole of Victoria;
licence holder means a holder of a pilotage services licence;
pilot required waters has the same meaning as in section 3(1) of the Marine Safety Act 2010;
pilotage services has the same meaning as in section 3(1) of the Marine Safety Act 2010;
pilotage services licence means a licence issued under section 73ZH(1);
pilotage services standards means standards determined by Ports Victoria under section 73ZK;
Safety Director means the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010.
73ZDMeaning of applicable standards
For the purposes of this Part, applicable standards are—
(a)the pilotage services standards; and
(b)any standards that are prescribed for or with respect to the provision of pilotage services in pilot required waters.
Division 2—Licence required to provide pilotage services
73ZEWhat a pilotage services licence authorises
Subject to this Act, a pilotage services licence authorises the licence holder to provide pilotage services specified in the licence in pilot required waters specified in the licence.
73ZFOffence to provide pilotage services without licence
A person must not provide pilotage services in pilot required waters unless the person holds a pilotage services licence that—
(a)authorises them to provide the pilotage services specified in the licence in those pilot required waters; and
(b)is in force.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 60 penalty units.
Division 3—Licensing process
73ZGApplication
(1)A person who proposes to provide pilotage services in pilot required waters may apply to Ports Victoria for the issue of a pilotage services licence.
(2)An application under subsection (1) must—
(a)be in the form determined by Ports Victoria; and
(b)be accompanied by the prescribed fee (if any); and
(c)describe the pilotage services proposed to be provided; and
(d)specify the pilot required waters in which the pilotage services are proposed to be provided; and
(e)contain any other information required by Ports Victoria.
(3)Ports Victoria—
(a)may require an applicant under subsection (1) to provide further information or material in respect of the application; and
(b)may require that the information or material provided by the applicant be verified.
73ZHDetermination of application
(1)On receiving an application under section 73ZG, Ports Victoria must—
(a)approve the application and issue a pilotage services licence if Ports Victoria is satisfied that the pilotage services described in the application meet the applicable standards for the pilotage services that are proposed to be provided; or
(b)if Ports Victoria is not so satisfied—refuse the application.
(2)A pilotage services licence issued under subsection (1)—
(a)takes effect on the day the pilotage services licence is issued; and
(b)remains in effect unless suspended, cancelled or surrendered.
73ZICancellation or suspension of pilotage services licence
(1)This section applies if the Safety Director notifies Ports Victoria under section 171A of the Marine Safety Act 2010 of the cancellation or suspension of a registration of a pilotage services provider under that Act.
(2)In the case of a notification of the cancellation of registration of the pilotage services provider who is a licence holder , Ports Victoria must without delay cancel the pilotage services licence held by that provider.
(3)In the case of a notification of the suspension of registration of the pilotage services provider who is a licence holder, Ports Victoria must without delay suspend the pilotage services licence held by that provider until the day the suspension of registration ends.
73ZJSurrender of pilotage services licence
A licence holder may surrender their pilotage services licence to Ports Victoria.
Division 4—Pilotage services standards
73ZKDetermination of pilotage services standards
(1)Ports Victoria may determine standards for or with respect to the provision of pilotage services by pilotage services providers in pilot required waters.
(2)Without limiting subsection (1), standards determined under that subsection may do either or both of the following—
(a)require a specified level of knowledge of, or skills and expertise in using, Victorian port navigation systems to ensure pilotage services are provided safely;
(b)require a specified level of knowledge and understanding of harbour master directions that apply in pilot required waters to ensure pilotage services are provided safely.
(3)Standards determined under subsection (1) may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstances.
(4)Ports Victoria must publish standards it determines under subsection (1) on its internet site.
Division 5—Internal and VCAT review of decisions
Subdivision 1—Interpretation
73ZLReviewable decisions
(1)The following Table sets out—
(a)decisions made under this Part that are reviewable in accordance with this Part (reviewable decisions); and
(b)who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).
Table
ItemProvision under which reviewable decision is made Eligible person in relation to reviewable decision 1 Section 73ZH(1)(b) (refusal of application for pilotage services licence) Applicant for pilotage services licence (2)A reviewable decision does not include a decision referred to in the Table in subsection (1) that was affirmed, varied or substituted for another decision under section 73ZO.
Subdivision 2—Internal review
73ZMApplication for internal review
(1)An eligible person may apply to Ports Victoria for review of a reviewable decision.
Note
Subdivision 3 provides for the review by VCAT of a reviewable decision.
(2)An application under subsection (1) must be made within—
(a)20 business days after the day on which the decision first came to the eligible person's notice; or
(b)such longer period as Ports Victoria allows.
(3)An application under subsection (1) must be made in the manner and form determined by Ports Victoria.
73ZNPorts Victoria may stay operation of decision subject to application for internal review
(1)An application under section 73ZM does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Ports Victoria stays the operation of the decision pending the determination of the internal review—
(a)on Ports Victoria's own initiative; or
(b)on the application of the applicant for review.
(2)Ports Victoria must make a decision on an application for a stay within 2 business days after the making of that application.
(3)If Ports Victoria has not made a decision in accordance with subsection (2), it is taken to have made a decision to grant a stay.
(4)Ports Victoria may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.
73ZODetermination of application for internal review
(1)On receiving an application made in accordance with section 73ZM, Ports Victoria must make a fresh decision—
(a)that affirms or varies the reviewable decision; or
(b)that sets aside the reviewable decision and substitutes another decision that it considers appropriate.
(2)Ports Victoria must give a written notice (a decision notice) to the applicant setting out—
(a)the decision of Ports Victoria under subsection (1) and the reasons for the decision; and
(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(3)Ports Victoria must give a decision notice to the applicant within 20 business days after the application is made.
(4)If Ports Victoria does not comply with subsection (3), Ports Victoria is taken to have made a decision to affirm the reviewable decision.
Subdivision 3—VCAT review
73ZPReview of Ports Victoria decisions by VCAT
(1)An eligible person may apply to VCAT for review of a decision referred to in the Table in section 73ZL(1) made by Ports Victoria under section 73ZO or otherwise.
(2)An application under subsection (1) must be made within 28 days after the later of—
(a)the day on which the decision of Ports Victoria was made; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Division 6—Miscellaneous
73ZQRegister of holders of pilotage services licences
(1)Ports Victoria must keep and maintain a register of every holder of a pilotage services licence.
(2)The register kept under subsection (1) must set out—
(a)the name and address of each holder of a pilotage services licence; and
(b)the date of issue of each pilotage services licence held by a holder of a pilotage services licence; and
(c)any other information that Ports Victoria determines should be included in the register.".
Division 3—Ports Victoria related amendments
34Definitions
(1)In section 3(1) of the Port Management Act 1995—
(a)in the definition of channel operator—
(i)in paragraph (a), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(ii)in paragraph (b), for "VRCA" substitute "Ports Victoria";
(b)in the definition of port corporation—
(i)omit "the Victorian Ports Corporation (Melbourne),";
(ii)for "Victorian Regional Channels Authority" substitute "Ports Victoria";
(c)the definitions of Victorian Ports Corporation (Melbourne) and VRCA are repealed;
(d)insert the following definition—
"Ports Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;".
(2)In section 3(1) of the Port Management Act 1995 insert the following definition—
"harbour master licence has the same meaning as in the Marine Safety Act 2010;".
35Owner of vessel or cargo
In section 4(2)(b) of the Port Management Act 1995—
(a)omit "the Victorian Ports Corporation (Melbourne),";
(b)for "VRCA" substitute "Ports Victoria".
36Subsidiary
In section 7 of the Port Management Act 1995, for "the Victorian Ports Corporation (Melbourne) or VRCA" (where twice occurring) substitute "Ports Victoria".
37Accountability for damage
In section 23 of the Port Management Act 1995, for "VRCA" (wherever occurring) substitute "Ports Victoria".
38Liability of certain persons
In section 24 of the Port Management Act 1995, for "VRCA" substitute "Ports Victoria".
39Price regulation
In section 49(2)(b) of the Port Management Act 1995, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
40Exemption from obtaining a licence for provision of prescribed services
In section 63B(a) of the Port Management Act 1995, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
41Power to reserve unalienated Crown land for the purposes of the port of Melbourne
In section 64(4)(c) of the Port Management Act 1995, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
42Station Pier land deemed to be reserved land
In section 65(b) of the Port Management Act 1995, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
43Powers of Ports Victoria in relation to reserved Crown land
(1)In the heading to section 66 of the Port Management Act 1995, for "Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
(2)In section 66 of the Port Management Act 1995—
(a)in subsection (1)—
(i)for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(ii)for "the Corporation" substitute "Ports Victoria";
(b)in subsections (2) and (4), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(c)in subsection (3), for "The Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
44Definitions for Part 5—Port fees
In section 74AA of the Port Management Act 1995, in the definition of designated State port entity, in paragraph (a) and (b), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
45Designated State port entities and approved wharfage fees and channel fees
In section 74AB of the Port Management Act 1995—
(a)in paragraph (a) and (c), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(b)in the note at the foot of paragraph (c), for "The Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
46Channel fees
In section 75 of the Port Management Act 1995—
(a)in subsection (1)(a), for "VRCA" (wherever occurring) substitute "Ports Victoria";
(b)in the note at the foot of subsection (1)(b)(ii), for "The Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(c)in subsection (2)(c)(i), for "the VRCA" (where twice occurring) substitute "Ports Victoria";
(d)in subsection (3A), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(e)in the note at the foot of subsection (3A), for "The Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(f)in subsection (4), for "VRCA" substitute "Ports Victoria".
47Payment of wharfage and channel fees
In section 78 of the Port Management Act 1995—
(a)in subsection (1), for "VRCA" (where twice occurring) substitute "Ports Victoria";
(b)in subsections (2) and (3), for "VRCA" substitute "Ports Victoria".
48Interest on overdue payments for wharfage and channel fees
In section 79(1) of the Port Management Act 1995, for "VRCA" substitute "Ports Victoria".
49Security for payment of wharfage and channel fees
In section 80 of the Port Management Act 1995—
(a)in subsections (1), (3), (4) and (5), for "VRCA" substitute "Ports Victoria";
(b)in subsection (2), for "VRCA" (where twice occurring) substitute "Ports Victoria".
50Liability of current owners and agents for channel fees
In section 81(1) of the Port Management Act 1995, for "VRCA" substitute "Ports Victoria".
51Waiver or refund of wharfage or channel fees
In section 82 of the Port Management Act 1995, for "VRCA" substitute "Ports Victoria".
52Definitions for Part 5A—Powers to restrict access to areas
In section 83 of the Port Management Act 1995—
(a)in the definition of port waters—
(i)for "VRCA" (where twice occurring) substitute "Ports Victoria";
(ii)for "Division 3B of Part 6" substitute "Division 3 of Part 6";
(b)in the definition of recommending authority—
(i)in paragraph (a), for "the Victorian Ports Corporation (Melbourne)" (where twice occurring) substitute "Ports Victoria";
(ii)omit paragraph (b).
53Making of a declaration of restricted access area
In section 84 of the Port Management Act 1995—
(a)in subsection (1), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(b)in subsection (2), for "VRCA" (wherever occurring) substitute "Ports Victoria";
(c)in subsection (7)—
(i)for "VRCA" (wherever occurring) substitute "Ports Victoria";
(ii)for "Division 3B of Part 6" substitute "Division 3 of Part 6".
54Pollution abatement by Ports Victoria
(1)In the heading to section 88J of the Port Management Act 1995, for "Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
(2)In section 88J of the Port Management Act 1995—
(a)for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(b)for "the Corporation" substitute "Ports Victoria".
55Recovery of costs of clean up by Ports Victoria
(1)In the heading to section 88K of the Port Management Act 1995, for "Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
(2)In section 88K of the Port Management Act 1995—
(a)in subsection (1)—
(i)for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(ii)for "the Corporation" (where twice occurring) substitute "Ports Victoria";
(b)in subsection (2), for "the Corporation" (where twice occurring) substitute "Ports Victoria";
(c)in subsection (3), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
56Hazardous port activity notice
In section 88M(1) and (1A) of the Port Management Act 1995, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
57Definitions for Division 4 of Part 5B—Abandoned or unclaimed goods or things
In section 88AP of the Port Management Act 1995, in the definition of relevant port—
(a)for paragraph (a) substitute—
"(a)if the port manager is Ports Victoria—
(i)those parts of the port comprising port of Melbourne waters and port of Melbourne land that is not leased port of Melbourne land; and
(ii)other commercial trading ports;";
(b)paragraph (c) is repealed.
58Offence to leave things in port waters or on port land
In section 88P(1) of the Port Management Act 1995, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
59New heading to Division 1 of Part 6 inserted
Before section 89 of the Port Management Act 1995 insert—
"Division 1—Offences and liability".
60New Division 2 of Part 6 inserted
After section 91 of the Port Management Act 1995 insert—
"Division 2—Ports Victoria may request conditions on harbour master licences
91AAPorts Victoria may request imposition or variation of condition of harbour master licence
(1)Ports Victoria may, at any time, request that the Director, Transport Safety impose a condition on a harbour master licence of a harbour master engaged for port waters for which Ports Victoria is responsible—
(a)that relates to one or more of the following matters—
(i)marine incidents within the meaning of the Marine Safety Act 2010;
(ii)operational safety performance;
(iii)participation in training and safety development programmes;
(iv)any prescribed matter; and
(b)that limits or restricts a function of the harbour master who holds that licence.
(2)The Director, Transport Safety must not unreasonably refuse to consider a request under subsection (1).".
61Power to prosecute
In section 97(1) of the Port Management Act 1995, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
Division 4—Other port reform amendments
62General powers of port managers
(1)After section 44B(1) of the Port Management Act 1995 insert—
"(1A)A port manager may do all things that are necessary or convenient to enable it to provide a service, or part of a service, that it is directed or authorised to provide under section 44BA outside the port lands or waters of its local port.".
(2)In section 44B(2)(c) of the Port Management Act 1995, for "operation of the port." substitute "operation of the port;".
(3)After section 44B(2)(c) of the Port Management Act 1995 insert—
"(d)exercise its powers outside the port lands or waters of the port to the extent necessary or convenient to provide a service, or part of a service, that the port manager is directed or authorised to provide under section 44BA;
(e)exercise its powers outside the port lands or waters of the port to the extent necessary or convenient in an emergency or to avert an imminent threat of death or serious injury to persons or serious damage to the environment or property.".
63New section 44BA inserted
After section 44B of the Port Management Act 1995 insert—
"44BA Port managers may provide services outside local port
The Minister may direct or authorise a port manager of a local port to provide a particular or class of port service or navigation or marine service outside the port lands or waters of its local port.".
64Charges
(1)After section 44D(2) of the Port Management Act 1995 insert—
"(2A)The port manager of a local port may impose a charge for carrying out a service, or part of a service, outside the port lands or waters of its local port in accordance with a direction or an authorisation under section 44BA.
(2B)Without limiting subsection (2A), the port manager of a local port may impose a charge under that subsection on a commercial basis if directed or authorised under section 44BA to do so.".
(2)In section 44D(3) of the Port Management Act 1995—
(a)after "in respect of a facility" insert ", service or part of a service";
(b)after "such a facility" insert "or the provision of such a service or part of a service".
(3)After section 44D(3) of the Port Management Act 1995 insert—
"(3A)Subsection (3) does not apply if a port manager is directed or authorised under section 44BA to impose a charge on a commercial basis.".
(4)In section 44D(4)(a) of the Port Management Act 1995, after "the facility" insert "or the provision of the service".
(5)In section 44D(6) of the Port Management Act 1995, after "a facility" insert "or receiving a service".
65Definitions for Part 6B—Port Development Strategy
In section 91J of the Port Management Act 1995, for paragraph (ba) of the definition of relevant port authority substitute—
"(ba)in the case of a commercial trading port in relation to which an Order under section 91JA is in force, the entity declared to be the relevant port authority by that Order;".
66New section 91JA inserted
After section 91J of the Port Management Act 1995 insert—
"91JA Minister may declare entity to be relevant port authority
(1)The Minister, by Order published in the Government Gazette, may declare that an entity specified in the Order is on and after a date specified in the Order the relevant port authority for a specified commercial trading port.
(2)On and from the commencement of this section—
(a)an Order is taken to be in force under subsection (1) declaring Geelong Port Pty Ltd (ABN 50 003 996 594) to be the relevant port authority for the port of Geelong and the Order may be amended or revoked at any time by the Minister; and
(b)an Order is taken to be in force under subsection (1) declaring Port of Portland Pty Ltd (ABN 37 072 507 012) to be the relevant port authority for the port of Portland and the Order may be amended or revoked at any time by the Minister.".
67New Part 18 inserted
After Part 17 of the Port Management Act 1995 insert—
"Part 18—Transitional provisions—Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022
188Registered pilotage services providers taken to be issued pilotage services licence
(1)On the commencement of section 33 of the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, a pilotage services provider is taken to have been issued a pilotage services licence under Part 4B.
(2)In this section—
pilotage services provider has the same meaning as in section 3(1) of the Marine Safety Act 2010.
189Regulations dealing with transitional matters
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, including any repeals and amendments made by or as a result of the enactment of that Act.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022 receives the Royal Assent;
(b)be of limited or general application;
(c)differ according to differences in time, place or circumstances;
(d)leave any matter or thing to be decided by a specified person or class of person.
(3)To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as—
(a)to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or
(b)to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making.
(4)Regulations under this section have effect despite anything to the contrary in—
(a)this Act or any other Act (other than the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022 or the Charter of Human Rights and Responsibilities Act 2006); or
(b)any subordinate instrument.
(5)The following are not required for any proposed statutory rule that is to be made under this section—
(a)consultation under section 6 of the Subordinate Legislation Act 1994;
(b)the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994.
(6)This section is repealed on the second anniversary of the day on which it comes into operation.".
Part 4—Amendment of Marine Safety Act 2010
Division 1—Harbour master and pilotage services amendments
68New section 171A
After section 171 of the Marine Safety Act 2010 insert—
"171A Safety Director must notify Ports Victoria of cancellation or suspension of pilotage services provider registration
(1)This section applies if, under this Part, the Safety Director cancels or suspend a person's registration as a pilotage services provider under Chapter 7.
(2)The Safety Directory must without delay notify Ports Victoria of the cancellation or suspension.
(3)A notification under subsection (2) must include—
(a)the name of the person whose registration as a pilotage services provider under Chapter 7 has been cancelled or suspended; and
(b)if the person's registration as a pilotage services provider under Chapter 7 has been suspended, the dates between which the registration is suspended.".
69Imposition or variation of condition of a harbour master licence by Safety Director
After section 227(3) of the Marine Safety Act 2010 insert—
"(4)Without limiting subsection (1) or (3), on receiving a request under section 91AA of the Port Management Act 1995, the Safety Director may, after first consulting the harbour master and the person or body who has engaged the harbour master—
(a)impose a condition on the harbour master licence that is the subject of the request; or
(b)vary any condition of the harbour master licence that is the subject of the request.".
70Power of harbour masters to give written and oral directions
(1)For section 232(1) of the Marine Safety Act 2010 substitute—
"(1)A harbour master may from time to time—
(a)subject to subsections (4) and (5), give written directions for or with respect to vessels entering or within waters for which the harbour master has been engaged; or
(b)give written directions applicable to, or oral directions to, pilots who have the conduct of vessels entering or within pilot required waters for which the harbour master has been engaged.
(1A)Without limiting subsection (1), directions under that subsection may do any one or more of the following—
(a)prohibit entry by any vessel to or require the removal of any vessel from the waters for which the harbour master has been engaged, if the harbour master has reasonable cause to believe that the vessel—
(i)is unseaworthy; or
(ii)is in imminent danger of sinking and causing an obstruction to navigation in those waters; or
(iii)is in imminent danger of causing serious damage to the marine environment or property in those waters;
(b)control and direct the navigation and other movement of vessels in the waters for which the harbour master has been engaged;
(c)control and direct the position where and the manner in which any vessel may anchor or be secured in the waters for which the harbour master has been engaged;
(d)control and direct the time and manner of the taking in or discharging from any vessel of cargo, stores, fuel, fresh water and water ballast in the waters for which the harbour master has been engaged;
(e)control and direct the securing or removal of any vessel in the waters for which the harbour master has been engaged in, from or to any position the harbour master thinks fit;
(f)any other thing for or with respect to the management of the operation of vessels in the waters for which the harbour master has been engaged.".
(2)In section 232(3) of the Marine Safety Act 2010, for "Directions given under subsection (1)" substitute "Written directions given under subsection (1)(a)".
(3)In section 232(4) of the Marine Safety Act 2010, for "he or she" substitute "the harbour master".
71Offence to fail to comply with direction or obstruct, harbour master
After section 237(1) of the Marine Safety Act 2010 insert—
"(1A)A pilot who has the conduct of a vessel in pilot required waters must not, without reasonable excuse, refuse or fail to comply with any direction given under section 232 to the pilot by a harbour master.
Penalty:120 penalty units.".
72Application for registration as a pilotage services provider
In section 240(1) of the Marine Safety Act 2010, after "services" (where first occurring) insert "and is also a licence holder within the meaning of section 73ZC of the Port Management Act 1995".
Division 2—Other amendments
73Definitions
In section 3 of the Marine Safety Act 2010—
(a)in the definition of port management body—
(i)in paragraph (a), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(ii)in paragraph (b)(i), (ii) and (iii), for "the Victorian Regional Channels Authority" substitute "Ports Victoria";
(b)the definitions of Victorian Ports Corporation (Melbourne) and Victorian Regional Channels Authority are repealed;
(c)insert the following definition—
"Ports Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;".
74Certain entities must engage harbour masters
In section 220 of the Marine Safety Act 2010—
(a)in subsection (1), for "The Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(b)in subsections (1A), (2) and (3), for "The Victorian Regional Channels Authority" substitute "Ports Victoria".
75Authorisation to act as assistant harbour master
In section 229(1) of the Marine Safety Act 2010, for "The Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
76Schedule 1—Particular powers of the Safety Director
In Schedule 1 to the Marine Safety Act 2010, in item 28, for "the Victorian Regional Channels Authority" substitute "Ports Victoria".
Part 5—Amendment of Rail Management Act 1996
77Initial specification of rail access maximum prices
In section 38J of the Rail Management Act 1996—
(a)in subsection (1), for "the first financial year after the commencement of this section (the initial financial year)" substitute "a financial year";
(b)in subsection (3)(a)(ii) and (b) omit "initial".
78Annual changes in rail access maximum prices
In section 38K(1) of the Rail Management Act 1996 omit "first".
79Increase in maximum prices at request of access provider
In section 38M(6)(b) of the Rail Management Act1996, for "38J or 38K," substitute "38K".
80Rail access agreement content order
In section 38O of the Rail Management Act1996, in the note at the foot of subsection (2), after "section 38J" insert ", 38K or 38M(4)".
81When rail access arrangements take effect
In section 38X(1) of the Rail Management Act 1996 omit "initial".
Part 6—Amendment of Tourist and Heritage Railway Act 2010
82Prescribed fee for a registration application
For section 24(2) of the Tourist and Heritage Railways Act 2010 substitute—
"(2)The application must be—
(a)in a form approved by VicTrack; and
(b)accompanied by the prescribed fee (if any).".
Part 7—Amendment of Transport (Safety Schemes Compliance and Enforcement) Act 2014
83Definitions
In section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert the following definition—
"harbour master licence has the same meaning as in the Marine Safety Act 2010;".
84Functions and powers
After section 120(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—
"(3)Without limiting subsection (1) or (2), a transport safety officer has the following functions—
(a)to provide information and advice about compliance with a harbour master licence;
(b)to require compliance with a harbour master licence;
(c)to investigate alleged contraventions of a harbour master licence;
(d)to assist in the prosecution of offences relating to the alleged contraventions of a harbour master licence.".
Part 8—Amendment of other Acts
Division 1—Borrowing and Investment Powers Act 1987
85Schedule 1—Borrowing and investment powers of an authority
(1)In Schedule 1 to the Borrowing and Investment Powers Act 1987, item 7A is repealed.
(2)In Schedule 1 to the Borrowing and Investment Powers Act 1987, in item 7B, in column 1, for "Development Authority" substitute "Corporation".
(3)In Schedule 1 to the Borrowing and Investment Powers Act 1987, after item 7B insert—
"7C. Ports Victoria 5, 8, 10, 11, 11AA, 11AB, 13, 14, 14A, 15, 20, 20A and 21". (4)In Schedule 1 to the Borrowing and Investment Powers Act 1987, item 20A is repealed.
Division 2—Conservation, Forests and Lands Act 1987
86Delegation of powers and functions
In section 11(1) of the Conservation, Forests and Lands Act 1987—
(a)in paragraph (e), for "VicForests." substitute "VicForests; or";
(b)after paragraph (e) insert—
"(f)the Victorian Fisheries Authority or the chief executive officer of that Authority.".
Division 3—Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016
87Definitions
In section 3 of the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016—
(a)in the definition of Port Corporation, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(b)in the definition of public sector entity, in paragraph (d), for "Development Authority" substitute "Corporation";
(c)in the definition of public sector entity, paragraph (e) is repealed.
Division 4—Docklands Act 1991
88Definitions
In section 3 of the Docklands Act 1991 insert the following definition—
"Ports Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;".
89Transport and port facilities
In section 28(2) of the Docklands Act 1991—
(a)omit "Victorian Ports Corporation (Melbourne),";
(b)for "the Victorian Regional Channels Authority" substitute "Ports Victoria";
(c)omit ", Corporation, Authority".
90Docklands may become or cease to be a port
(1)In section 32(1)(a) of the Docklands Act 1991, for "revests in that Authority or Corporation" substitute "vests in Ports Victoria".
(2)After section 32(1)(a) of the Docklands Act 1991 insert—
"(b)that land divested under this Act from Ports Victoria revests in Ports Victoria;".
(3)After section 32(2) of the Docklands Act 1991 insert—
"(3)In this section—
Victorian Ports Corporation (Melbourne) has the same meaning as in section 3 of the Transport Integration Act 2010 as in force immediately before the commencement of section 4 of the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022;
Victorian Regional Channels Authority has the same meaning as in section 3 of the Transport Integration Act 2010 as in force immediately before the commencement of section 4 of the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022.".
Division 5—Fire Rescue Victoria Act 1958
91Consultation on an alarm of fire
In section 32B(5) of the Fire Rescue Victoria Act 1958—
(a)for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(b)for "that Corporation" substitute "Ports Victoria".
Division 6—Land Act 1958
92Crown property in bed and banks of certain watercourses
In section 385(2) of the Land Act 1958—
(a)in paragraph (e), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria within the meaning of section 3 of the Transport Integration Act 2010";
(b)paragraph (f) is repealed.
Division 7—Marine (Drug, Alcohol and Pollution Control) Act 1988
93Definitions
In section 3(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988—
(a)in the definition of port management body—
(i)in paragraph (a), for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria";
(ii)in paragraph (b)(i), (ii) and (iii), for "the Victorian Regional Channels Authority" substitute "Ports Victoria";
(b)the definitions of Victorian Ports Corporation (Melbourne) and Victorian Regional Channels Authority are repealed;
(c)insert the following definition—
"Ports Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;".
Division 8—Suburban Rail Loop Act 2021
94Statute law revision
For section 56(9) of the Suburban Rail Loop Act 2021 substitute—
"(9)The Authority is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—
(a)sustained pecuniary loss; or
(b)incurred any expense.".
Division 9—Transport (Compliance and Miscellaneous) Act 1983
95Appointment of a port safety officer for the port of Melbourne
In section 230L(1)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "the Victorian Ports Corporation (Melbourne)" substitute "Ports Victoria".
Division 10—Treasury Corporation of Victoria Act 1992
96Definitions for Part 3A—Financial obligations of public authorities
In section 36A of the Treasury Corporation of Victoria Act 1992, in the definition of public authority—
(a)omit "the Victorian Ports Corporation (Melbourne),";
(b)for "Port of Hastings Development Authority" substitute "Port of Hastings Corporation";
(c)for "the Victorian Regional Channels Authority" substitute "Ports Victoria".
97Schedule 1—Public authorities
In Schedule 1 to the Treasury Corporation of Victoria Act 1992—
(a)in column 1 omit "Victorian Ports Corporation (Melbourne)" and "Victorian Regional Channels Authority";
(b)in column 1, for "Port of Hastings Development Authority" substitute "Port of Hastings Corporation";
(b)in column 2 omit "Transport Integration Act 2010" (where firstly and thirdly occurring);
(c)at the end of the table insert—
"Ports Victoria Transport Integration 2010".
Part 9—Repeal of this Act
98Repeal of this Act
This Act is repealed on 1 March 2024.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 23 March 2022
Legislative Council: 7 April 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010, the Port Management Act 1995, the Marine Safety Act 2010, the Rail Management Act 1996, the Tourist and Heritage Railways Act 2010 and to make related amendments to other Acts and for other purposes."
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