Untitled document

Port Management (Port of Melbourne Safety and Property) Amendment Regulations 2012

S.R. No. 125/2012

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective

6Definitions

7Notices under section 15 of the Marine Act 1988 to prevail

8Regulations under Marine Act 1988 to prevail

9Harbour master's directions prevail

10Application for authorisation to carry out bunkering or liquid transfers

11Port corporation may authorise an activity at the port

12Conditions concerning authority

13Suspension of authority

14Port corporation may cancel or vary authority

15Notice of proposal to carry out bunkering and liquid transfers

16Substitution of regulation 21

21Notice to the port corporation of any incident involving a hazardous port activity

17Recovery of costs

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 125/2012

Port Management Act 1995

Port Management (Port of Melbourne Safety and Property) Amendment Regulations 2012

The Governor in Council makes the following Regulations:

Dated: 7 November 2012

Responsible Minister:

DENNIS NAPTHINE
Minister for Ports

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Port Management (Port of Melbourne Safety and Property) Regulations 2010—

(a)to simplify the process of applying for authorisation to conduct hazardous port activities; and

(b)to eliminate duplication by revoking redundant regulations.

2Authorising provision

These Regulations are made under section 98 of the Port Management Act 1995.

3Commencement

These Regulations come into operation on 15 November 2012.

4Principal Regulations

In these Regulations the Port Management (Port of Melbourne Safety and Property) Regulations 2010[1] are called the Principal Regulations.

5Objective

In regulation 1 of the Principal Regulations, paragraph (b) is revoked.

6Definitions

In regulation 4 of the Principal Regulations, the definitions of bunkering and liquid transfer are revoked.

7Notices under section 15 of the Marine Act 1988 to prevail

(1)In the heading to regulation 6 of the Principal Regulations, for "section 15 of the Marine Act 1988" substitute "section 184 of the Marine Safety Act 2010".

(2)In regulation 6 of the Principal Regulations, for "section 15 of the Marine Act 1988" substitute "section 184 of the Marine Safety Act 2010".

8Regulations under Marine Act 1988 to prevail

(1)In the heading to regulation 7 of the Principal Regulations, for "Marine Act 1988" substitute "Marine Safety Act 2010".

(2)In regulation 7 of the Principal Regulations, for "section 105 of the Marine Act 1988" substitute "section 309 of the Marine Safety Act 2010".

9Harbour master's directions prevail

In regulation 8 of the Principal Regulations, for "Part 3A of the Marine Act 1988" substitute "Part 6.4 of the Marine Safety Act 2010".

10Application for authorisation to carry out bunkering or liquid transfers

Regulation 10 of the Principal Regulations is revoked.

11Port corporation may authorise an activity at the port

(1)For regulation 11(1) of the Principal Regulations substitute—

"(1)The port corporation may authorise a person to carry out a hazardous port activity at the port.".

(2)In regulation 11(3) of the Principal Regulations omit ", bunkering or liquid transfer".

(3)For the note at the foot of regulation 11 of the Principal Regulations substitute—

"Note

The authority does not exempt a person proposing to carry out hazardous port activities from notifying the port corporation each time they intend to undertake the activity as required by regulation 18.".

12Conditions concerning authority

In regulation 12 of the Principal Regulations omit ", bunkering or liquid transfer" (where twice occurring).

13Suspension of authority

In regulation 13(2)(d) of the Principal Regulations omit ", bunkering or liquid transfer".

14Port corporation may cancel or vary authority

In regulation 15(1) of the Principal Regulations omit ", bunkering or liquid transfer" (wherever occurring).

15Notice of proposal to carry out bunkering and liquid transfers

Regulation 19 of the Principal Regulations is revoked.

16Substitution of regulation 21

For regulation 21 of the Principal Regulations substitute—

21Notice to the port corporation of any incident involving a hazardous port activity"

The person managing a hazardous port activity must immediately notify the port corporation of any incident involving the activity including but not limited to—

(a)an explosion, fire or harmful reaction involving a hazardous port activity;

(b)the escape, spillage or leakage of bulk cargo;

(c)the escape, spillage or leakage of liquids.

Penalty:20 penalty units.".

17Recovery of costs

In regulation 22 of the Principal Regulations omit ", bunkering or liquid transfer" (wherever occurring).

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ENDNOTES

[1] Reg. 4: S.R. No. 115/2010.