Untitled document

Port Services and Marine (Amendment) Act 1996

Act No. 51/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENT OF PORT SERVICES ACT 1995 3

3.	Delay of forced commencement	3
4.	Declared subsidiary to be port corporation for certain purposes	3
5.	Powers of MPC and VCA	3
6.	Accountability for damage	3
7.	Delegation	5
8.	Pricing Orders	5
9.	New section 65AA inserted	6
65AA. Land ceasing to be managed land	6
10.	Abolition of port promotion levy	6
11.	Repeal of regulation-making power	7
12.	Rights of port authority staff	7
13.	Statute law revision	7

PART 3—AMENDMENT OF MARINE ACT 1988 8

14.	Increase in penalties	8
15.	Councils may retain infringement penalties	9
16.	Declaration of designated ports	10
17.	Functions and powers of local authorities	10
18.	Statute law revision	10

PART 4—CONSEQUENTIAL AMENDMENT 11

19. Functions and powers of MPW 11

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NOTES 12

i

Victoria

No. 51 of 1996

Port Services and Marine (Amendment)

†

Act 1996

[Assented to 26 November 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to make miscellaneous amendments to the Port Services Act 1995 and the Marine Act 1988 including—

(a) making fresh provision with respect to the ability of the Victorian Channels Authority

Port Services and Marine (Amendment) Act 1996

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Act No. 51/1996

to recover damages for property damage or

economic loss;

(b)	facilitating the removal of land from the management of the Melbourne Port Corporation;
(c)	abolishing the mandatory port promotion levy;
(d)	increasing the penalties for certain offences under the Marine Act 1988 and enabling councils to retain infringement penalties recovered by them under that Act;
(e)	expanding the areas that may be declared to be designated ports and clarifying the powers of local authorities within those ports, including Melbourne Parks and Waterways.

2. Commencement

(1) This Act (except section 13) comes into operation
on the day on which it receives the Royal Assent.

(2) Section 13 is deemed to have come into operation on 14 December 1995.

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Port Services and Marine (Amendment) Act 1996

s. 3

Act No. 51/1996

PART 2—AMENDMENT OF PORT SERVICES ACT 1995

No. 82/1995.

3. Delay of forced commencement

Amended by

Nos 107/1995,

4/1996 and	In section 2 of the Port Services Act 1995, for
27/1996.	sub-section (3) substitute—
"(3) If a provision referred to in sub-section (2) does not come into operation before 28 that day.".

4.  Declared subsidiary to be port corporation for certain purposes

In the definition of "port corporation" in section 3 of the Port Services Act 1995, for "section 30" substitute "sections 30 and 33 to 38".

5. Powers of MPC and VCA

(1) In section 13(2) of the Port Services Act 1995, after paragraph (b) insert—

"(ba) may take and hold indemnities;

(bb) without limiting paragraph (b), may enter

into contracts (including contracts of
indemnity) for the provision of services or
facilities;".

(2) In section 21(2) of the Port Services Act 1995, after paragraph (b) insert—

"(ba) may take and hold indemnities;

(bb) without limiting paragraph (b), may enter

into contracts (including contracts of
indemnity) for the provision of services or
facilities;".

6. Accountability for damage

(1) In section 23 of the Port Services Act 1995, for

sub-sections (1) and (2) substitute—
Port Services and Marine (Amendment) Act 1996

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Act No. 51/1996

"(1) A person who by any act done or omitted to

be done on port land or port waters
(including an act that causes an obstruction
to navigation in port waters)—

(a) causes damage to—

(i)

any property (whether real or operator (being property used by the channel operator in connection with the exercise of its function as channel operator); or

(ii) or facilities erected, established,
installed, provided, managed or

any building, works, infrastructure operator under or for the purposes of this Act; or

(b) causes VCA, or a channel operator as channel operator, to suffer economic loss—

is liable to pay damages to VCA or the
channel operator in respect of that damage or
loss.

(2) If damage or loss of a kind referred to in sub-

section (1) is caused by a vessel or by any
person employed in or about the vessel, the
owner, master and agent of the vessel, or any
of them, is liable to pay damages to VCA or
the channel operator in respect of that
damage or loss and that liability exists
despite the fact—

(a) that the damage or loss was caused by act of God or inevitable accident or otherwise without negligence or

Port Services and Marine (Amendment) Act 1996

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Act No. 51/1996

wrongful act or omission on the part of

any person; or

(b) that the vessel was under compulsory pilotage.

(2A) VCA or a channel operator may recover any

damages to which it is entitled under sub-
section (1) or (2) in any court of competent

jurisdiction.".

(2) In section 23(3) of the Port Services Act 1995—

(a)	for "MPC or VCA" substitute "VCA or a channel operator"; and
(b)	for "an injury" substitute "any damage or loss".

(3) In section 24(1) of the Port Services Act 1995—

(a)	for "MPC or VCA" substitute "VCA or a channel operator"; and
(b)	for "an injury" substitute "any damage or loss"; and
(c)	for "the injury" substitute "the damage or loss".

7. Delegation

In section 26 of the Port Services Act 1995, for
"another person" substitute "a local authority
within the meaning of section 112 of the Marine

Act 1988 or to any other person".

8. Pricing Orders

In section 50(5) of the Port Services Act 1995, for paragraph (d) substitute—

"(d) cannot be made, amended or varied—

(i)  in the case of a Pricing Order applying to the port of Melbourne, Geelong or

Port Services and Marine (Amendment) Act 1996

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Act No. 51/1996

Portland or to any part or parts of that port, after the expiry of 12 months after this Act receives the Royal Assent;

(ii)  in the case of a Pricing Order applying to the port of Hastings or to any part or parts of that port, on or after 28

November 1998.".

9. New section 65AA inserted

After section 65 of the Port Services Act 1995 insert—

"65AA. Land ceasing to be managed land

(1) The Governor in Council may, by Order

published in the Government Gazette,
remove from the management of MPC any
managed land specified in the Order and on
the commencement of that Order that land
ceases to be managed land.

(2) An Order under sub-section (1) does not affect the status or continuity of any lease (including an agreement, licence or other interest arising under or in relation to a lease,

whether or not the lease has expired, and any interest in the nature of a lease) of, or licence over, land to which an Order made under that sub-section applies and existing immediately before the commencement of the Order.".

10. Abolition of port promotion levy

(1) Sections 76 and 77 of the Port Services Act 1995

are repealed.

(2) Section 13(1)(c) of the Port Services Act 1995 is

repealed.

Port Services and Marine (Amendment) Act 1996

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Act No. 51/1996

11. Repeal of regulation-making power

Section 97 of the Port Services Act 1995 is repealed.

12. Rights of port authority staff

In section 118 of the Port Services Act 1995, after sub-section (2) insert—

"(3) The Minister may from time to time, for the purposes of sub-section (1) or (2), by notice published in the Government Gazette before the then current specified date (that is, the

date specified for the purposes of that sub- sub-section or this sub-section) specify a date later than the then current specified date.".

section by the last notice published in the

13. Statute law revision

".

In section 139 of the Port Services Act 1995, for of the Port of Geelong Authority Act 1958 insert

"For section 6A of the Port of Geelong Authority

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Port Services and Marine (Amendment) Act 1996

s. 14

Act No. 51/1996

PART 3—AMENDMENT OF MARINE ACT 1988

No. 52/1988.

14. Increase in penalties

Reprinted to No. 100/1995.

(1) In the penalty set out at the foot of section 8(1) of the Marine Act 1988—	Subsequently
amended by Nos 4/1996

(a) for "2" substitute "4";	and 27/1996.
(b) for "3" substitute "6".

(2) In the penalty set out at the foot of section 8(2) of the Marine Act 1988—

(a) for "2" substitute "4";

(b) for "3" substitute "6".

(3) In the penalty set out at the foot of section 15(3) of

the Marine Act 1988—

(a) for "2" substitute "4";

(b) for "4" substitute "8".

(4) In the penalty set out at the foot of section 17(1) of

the Marine Act 1988—

(a) for "2" substitute "4";

(b) for "4" substitute "8".

(5) In the penalty set out at the foot of section 17(2) of

the Marine Act 1988—

(a) for "2" substitute "4";

(b) for "4" substitute "8".

(6) In the penalty set out at the foot of section 18(2) of

the Marine Act 1988—

(a) for "2" substitute "4";

(b) for "4" substitute "8".

(7) In the penalty set out at the foot of section 19(3) of

the Marine Act 1988—

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Act No. 51/1996

(a) for "2" substitute "4";

(b) for "4" substitute "8".

(8) In the penalty set out at the foot of section 19(4) of

the Marine Act 1988—

(a) for "2" substitute "4";

(b) for "4" substitute "8".

(9) In the penalty set out at the foot of section 21(2) of

the Marine Act 1988—

(a) for "2" substitute "4";

(b) for "4" substitute "8".

(10) For the penalty set out at the foot of section 24(1) of the Marine Act 1988 substitute—

"Penalty: For a first offence, 4 penalty units. For a subsequent offence, 8 penalty units.".

15. Councils may retain infringement penalties

(1) In section 61(1) of the Marine Act 1988, after "officer" insert "or other person".

(2) In section 61(2) of the Marine Act 1988—

(a) for "Every" substitute "Subject to sub- section (2A), every";

(b) after "officer" insert "or other person".

(3) In section 61 of the Marine Act 1988, after sub- section (2) insert—

"(2A) If the infringement notice was served by a

staff member of a Council within the
meaning of the Local Government Act
1989, the penalty paid under this section
must be paid into the municipal fund of that
Council.".

Port Services and Marine (Amendment) Act 1996

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Act No. 51/1996

16. Declaration of designated ports

In section 111(1) of the Marine Act 1988, omit the expression beginning ", other than" and ending at the end of the sub-section.

17. Functions and powers of local authorities

(1) In section 112 of the Marine Act 1988, after sub- section (2) insert—

"(2A) The Minister may, in an Order referred to in

sub-section (2), make the conferral of
associated port functions and powers on a
local authority subject to such conditions or
limitations as the Minister may specify in the
Order.".

(2) In section 112(3) of the Marine Act 1988, after

"the local authority" insert "(including any
functions or powers delegated to it under section
26 of the Port Services Act 1995)".

18. Statute law revision

In section 26A(2) of the Marine Act 1988, for

"enquires" substitute "enquiries".

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Port Services and Marine (Amendment) Act 1996

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Act No. 51/1996

PART 4—CONSEQUENTIAL AMENDMENT

19. Functions and powers of MPW

No. 121/1994.

In section 110(3) of the Water Industry Act

Reprinted to

No. 65/1995.	1994, after paragraph (b) insert—
Subsequently
amended by	"(c) Melbourne Parks and Waterways may—
Nos 4/1996

and 12/1996.	(i)	be declared to be a local authority under section 112 of the Marine Act 1988;
(ii)	act as a delegate of a port corporation under section 26 of the Port Services Act 1995.".

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Port Services and Marine (Amendment) Act 1996

Notes

Act No. 51/1996

NOTES

†

Minister's second reading speech—

Legislative Assembly: 10 October 1996

Legislative Council: 30 October 1996

The long title for the Bill for this Act was "to amend the Port Services
Act 1995 and the Marine Act 1988, to make a consequential amendment
to the Water Industry Act 1994 and for other purposes."