(1) A Port Corporation has the functions conferred or imposed on it by or under this or any other Act or law.
(1) The Minister may give a Port Corporation directions in writing in relation to the exercise of any of the Corporation’s functions in connection with its principal objectives under section 9 (d) and (e). (2) The Minister is to advise the voting shareholders of a Port Corporation of the giving and the terms of any such direction. (3) A Port Corporation is required to comply with a direction under this section.
(1) The port safety functions exercisable by a Port Corporation are to be determined by the Minister.
(1) An operating licence may impose conditions and restrictions on the exercise of port safety functions under the licence.
(1) The Minister may, by order in writing, direct that such assets, rights and liabilities of the MSB or any MSB subsidiary, as are specified or referred to in the order, be transferred to a Port Corporation so specified. (2) Under such transfers:
(a) assets, rights and liabilities relating to the port of Newcastle may be transferred to Newcastle Port Corporation, and (b) assets, rights and liabilities relating to the port of Port Kembla may be transferred to Port Kembla Port Corporation, and (c) assets, rights and liabilities relating to the ports of Sydney Harbour and Botany Bay may be transferred to Sydney Ports Corporation.
(1) The Minister may direct, by order in writing, that such port safety assets, rights and liabilities of a Port Corporation, as are specified or referred to in the order, be transferred to the Authority or to any other person on behalf of the State.
(1) The staff director of the board of directors of a Port Corporation (referred to in section 20J (3) (a) of the ) is to be a person elected in the manner prescribed by this section instead of a person selected in the manner prescribed by that Act. State Owned Corporations Act 1989 (2) Regulations may be made for or with respect to the election of a staff director. (3) Employees of a Port Corporation are entitled to vote at an election of the staff director of the board of the Port Corporation in accordance with the regulations under this section. (4) A person is entitled to be elected as the staff director of the board of a Port Corporation whether or not the person is an employee of the Port Corporation.
(1) The Minister has the function of managing, or arranging for the management of, the commercial port facilities of the State that are not managed by a Port Corporation.
(1) The Minister may delegate to an authorised person any of the following functions, other than this power of delegation:
(a) any function of the Minister under the marine legislation, (b) any function conferred by or under any Act on the Minister in his or her capacity as the Minister administering this Act.
(1) The Minister may, for the purposes of the marine legislation, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the . Land Acquisition (Just Terms Compensation) Act 1991 (2) Without limiting subsection (1), land may be so acquired for the purposes of the Minister under the marine legislation, the Authority or a Port Corporation.
(1) The Governor may appoint a Chief Executive of the Authority.
(1) The Authority is required to prepare and deliver to the Minister, at least 3 months before the beginning of each financial year of the Authority, a draft corporate plan for the financial year.
(1) On the abolition of the Marine Ministerial Holding Corporation, the assets, rights and liabilities of the Marine Ministerial Holding Corporation are transferred to the Waterways Authority.
(1) The principal functions of the Authority are as follows:
(a) to exercise such maritime or other functions of the Minister under the marine legislation and other legislation as are delegated to it by the Minister, (b) to provide advice to the Minister in relation to maritime and ports matters, (c) to manage property vested in it.
(1) There is established a fund to be called the Waterways Fund.
(1) A navigation service charge is payable in respect of the general use by a vessel of a designated port and its infrastructure, apart from:
(a) the use of a pilot, or (b) the use of land-based port facilities and staff directly involved in providing services at those facilities, or (c) port access for cargo at the interface between the vessel and land-based facilities for the purpose of stevedoring operations.
(1) For the purposes of this Division, a site is an area designated by the Minister under this Division and defined on a map kept at the office of the relevant port authority.(2) The Minister may designate an area as a site, but only if it is owned or operated by a relevant port authority and it consists of:
(a) an area of water surrounding or adjacent to a wharf, buoy or dolphin, and (b) in the case of a wharf or a dolphin—the whole or part of the area of the wharf or dolphin. The designated site includes any stratum of the air space above, or of the land or water below, an area so designated. (3) In subsection (2), wharf includes any land adjacent to it.
(1) A site occupation charge is payable in respect of the occupation of all or part of a site:
(a) for stevedoring purposes, or (b) for the embarkation or disembarkation of passengers, or (c) for the accommodation of a vessel for any purpose (including quarantine or customs purposes), or (d) for any other purpose in connection with a vessel, its passengers or cargo.
(1) A wharfage charge is payable in respect of availability of a site at which stevedoring operations may be carried out.
(1) As security for the payment of charges that have been or may be incurred under this Part by a person, the relevant port authority may require the person to lodge with it a security deposit. (2) The security deposit may take the form of cash or a guarantee from a bank, building society or credit union or such other form as the relevant port authority may approve, and is to be in or for an amount determined by the relevant port authority.
(Sections 5, 16, 17, 32 (repealed), 40A, 45)
(Section 5)
(Section 10B)
(Section 113)