(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 regulations may make provision for or with respect to any of the matters set out in Schedule 4 in connection with the operation or provision of land-based port facilities and services and the facilities and services of the port-related supply chain, in relation to the operation of the following ports—
(a) Sydney Harbour, (b) Botany Bay, (c) Newcastle, (d) Port Kembla. (1A) The object of this section is to promote the economically efficient operation of, use of and investment in land-based port facilities and port-related supply chain facilities.
(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 Transport for NSW or to any other person on behalf of the State.
(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. (2) Those commercial port facilities comprise the port facilities that are vested in Transport for NSW. They also comprise any port facilities that are vested in another State authority and that the Minister has undertaken to manage with the agreement of that other State authority.
(1) The Minister may enter into a contract with a person (a contractor ) for the provision by that person of pilotage services at any port. Contracts may be entered into with different persons for the provision of pilotage services at different ports.
(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, Transport for NSW or a Port Corporation.
(1) The Minister may, subject to and in accordance with the regulations, establish a Maritime Advisory Council.
(1) The port operator of a private port may, for the purpose of maintaining or improving safety and security at the port, give directions (referred to in this Division as port operator directions ) that regulate any of the following activities in the landside port precinct at the port—
(a) the driving, stopping and parking of vehicles, (b) the movement, handling or storage of goods, (c) any activity that may pose a risk to safety or security at the port. (2) The power to regulate an activity includes the power to prohibit the activity.
(1) A port operator direction may be given in any of the following ways—
(a) by notice displayed in the area at the port where the direction applies, (b) by notice published on the port operator’s website, (c) by notice served on the person or persons to whom the direction applies.
(1) Port operator directions must be complied with (except to the extent that compliance would result in the contravention of a requirement imposed by or under an Act). (2) The port operator may enforce compliance with a port operator direction in any of the following ways—
(a) by removing from the port any person who is contravening the direction, (b) by removing from the port or moving within the port any vehicle that is stopped or parked in contravention of the direction, (c) by removing from the port or moving within the port any goods stored in contravention of the direction, (d) by carrying out any work at the port that a person has failed to carry out in contravention of the direction or that is reasonably required to be carried out to remedy a contravention of the direction.
(1) The functions of a port operator under this Division can be exercised on behalf of the port operator by an authorised officer who is an officer, employee or agent of the port operator.
(1) The port operator of a private port must within 3 months after the end of each 6 month period ending on 30 June or 31 December in a year (beginning with the year 2013) provide details to the Minister of such of the following matters ( reportable matters ) as occurred in the period concerned—
(a) the giving of a port operator direction by the port operator, (b) any port operator direction given by the port operator ceasing to have effect, (c) any contravention of which the port operator is aware of a port operator direction given by the port operator, (d) any exercise by the port operator of the power under section 40A to enter land or premises, (e) any action taken by the port operator to enforce compliance with a port operator direction (being action authorised to be taken under this Part).
(1) The port operator of a private port may by direction in writing (an information direction ) require any of the following persons to provide relevant information to the port operator—
(a) the master of any ship that berths at the port or adjacent port facilities, (b) a shipping agent for goods shipped to, from or within the port or adjacent port facilities, (c) a consignor or consignee of goods shipped to, from or within the port or adjacent port facilities, (d) an operator of stevedoring or other facilities at the port or adjacent port facilities.
(1) A person must not without reasonable excuse fail to comply with an information direction given to the person. Maximum penalty—500 penalty units in the case of a corporation and 100 penalty units in any other case.
(1) The principal maritime functions of Transport for NSW 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 exercise functions in relation to the implementation of the National law, (c) to manage property vested in it.
(1) There is established a fund to be called the Waterways Fund. (1A) To avoid doubt, the Waterways Fund is taken to have been established (and always to have been established) in the Special Deposits Account.
(1) The Secretary of the Department of Industry, Skills and Regional Development must give to Transport for NSW at least 21 days notice of any proposal to grant any lease or licence under the , the Mining Act 1992 or the Offshore Minerals Act 1999 in respect of any land— Petroleum (Onshore) Act 1991
(a) vested in Transport for NSW or Port Authority of New South Wales, or (b) contained in that part of the bed and shores of any area of water specified in an order in force under section 85D (2).
(1) The regulations may make provision for or with respect to maintaining or improving safety and security at a port (other than a private port) or wharf owned by Transport for NSW or the Port Authority of New South Wales, including any of the following activities in the landside precinct at the port or wharf—
(a) the movement, handling or storage of goods, (b) the conduct of any person or class of persons, (c) any activity that may pose a risk to safety or security at the port or wharf. (2) Subject to the regulations, Transport for NSW or the Port Authority of New South Wales may, for the purpose of maintaining or improving safety and security at a port (other than a private port) or wharf owned by Transport for NSW or the Port Authority of New South Wales, give directions (referred to in this Part as safety directions ) that regulate any of the following activities in the landside precinct at the port or wharf—
(a) the driving, stopping and parking of vehicles, (b) the movement, handling or storage of goods, (c) the conduct of any person or class of persons, (d) any activity that may pose a risk to safety or security at the port or wharf.
(1) A safety direction may be given in any of the following ways—
(a) by notice displayed in the area at the port or wharf where the direction applies, (b) by notice published on the website of Transport for NSW or the Port Authority of New South Wales, (c) by notice served on the person or persons to whom the direction applies.
(1) A person must comply with a safety direction (except to the extent that compliance would result in the contravention of a requirement imposed by or under an Act). Maximum penalty—30 penalty units. (2) Transport for NSW or Port Authority of New South Wales may enforce compliance with a safety direction in any of the following ways—
(a) by using reasonable force to remove from the port or wharf any person who is contravening the direction, (b) by removing from the port or wharf, or moving within the port or wharf, any vehicle or vessel that is stopped or parked in contravention of the direction (including by removing, dismantling or neutralising any locking device or other feature of the vehicle or vessel and allowing the vehicle or vessel to be started by other means), (c) by removing from the port or wharf, or moving within the port or wharf, any goods stored in contravention of the direction (including by removing any locks preventing access to goods). (3) Transport for NSW or the Port Authority of New South Wales may authorise the enforcement powers in subsection (2) to be exercised by an authorised officer, a delegate of Transport for NSW or the Port Authority of New South Wales or any other person specifically authorised for the purposes of this section.
(1) In this Part— appropriate public agency for a port means the Minister or a port corporation designated by the Minister by order in writing as the appropriate public agency for the port.buoy means a floating apparatus (other than a vessel) that is in navigable waters and used for securing a vessel.cargo includes any container or other item used to contain any substance or article.designated port means (subject to subsection (3)) any of the following ports—
(a) Sydney Harbour, (b) Botany Bay, (c) Newcastle, (d) Port Kembla, (e) Yamba, (f) Eden. Note— On the enactment of this Act, the ports that are pilotage ports are the same as the ports that are designated ports. dolphin means an apparatus or a structure (other than a wharf or buoy) that is permanently fixed to the bed of navigable waters and that is used for securing a vessel.relevant port authority means—
(a) in relation to navigation service charges fixed under an operating licence issued to a Port Corporation—that Port Corporation, or (a1) in relation to a navigation service charge for Port Kembla or Port of Newcastle—each of the port operator of the port and the appropriate public agency for the port, or (b) in relation to any other navigation service charges—the Minister, or (c) in relation to pilotage charges—the pilotage service provider (within the meaning of Part 6 of the ), or Marine Safety Act 1998 (d) in relation to port cargo access charges—the Minister, or (e) in relation to site occupation and wharfage charges for sites owned or operated by a Port Corporation—that Port Corporation, or (e1) in relation to site occupation and wharfage charges for sites at a private port—each of the port operator of the port and the appropriate public agency for the port, or (f) in relation to site occupation and wharfage charges for other sites or in relation to berthing charges—the Minister, or (g) in relation to port infrastructure charges for a private port—each of the port operator of the port and the appropriate public agency for the port, or (h) in relation to port infrastructure charges for any other port—the appropriate public agency for the port. site means a site referred to in section 59.stevedoring means the loading or unloading of the cargo of a vessel and incidental activities such as the handling or storage of cargo or stevedoring equipment at the place at which the cargo is loaded or unloaded.
(1) In this Act, owner of a vessel or cargo means (subject to this section) the person who owns the vessel or cargo.
(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) The relevant port authority may fix navigation service charges.
(1) A pilotage charge is payable in respect of a vessel on each occasion that it—
(a) enters, or (b) leaves, or (c) moves within, a pilotage port under the pilotage of a pilot in accordance with Part 6 of the . Marine Safety Act 1998
(1) The relevant port authority may fix pilotage charges.
(1) For the purposes of this Division, a site is—
(a) an area designated by the Minister under this Division and defined on a map kept at the office of the relevant port authority, or (b) in the case of a site at a private port—an area designated under this Division by the relevant port authority and defined on a map kept at the office of the relevant port authority. (2) An area cannot be designated as a site unless it is owned or operated by, or leased to, 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 this section, wharf includes any land adjacent to it.(4) For the purposes of this section, an area of water is deemed to be owned or operated by the relevant port authority if the bed of the water is owned or leased by the State or Transport for NSW and—
(a) the area surrounds or is adjacent to a wharf, buoy or dolphin owned or operated by, or leased to, the relevant port authority, or (b) the area is burdened by an easement that benefits an area of land owned or operated by, or leased to, the relevant port authority, or (c) the area surrounds or is adjacent to an area referred to in paragraph (b), or (d) the Minister approves of that area of water being included in a site operated by the relevant port authority.
(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) The relevant port authority may fix the charges payable under this Division.
(1) The relevant port authority may enter into an agreement with a person liable to pay any kind of charge under this Part.
(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.
Editorial note— See clause 23 of Schedule 5 for the operational commencement of this Part.
(1) The port operator of a port to which this Part applies must publish a list of the following charges ( service charges )—
(a) the port charges charged by the port operator, and (b) the standard rate of other charges charged by the port operator for or in respect of the use of facilities at the port.
(1) The port operator of a port must give notice of any proposed change in the port operator’s service charges (whether the change is a variation of an existing charge, the imposition of a new charge or the removal of an existing charge).
(1) The Minister may by direction in writing given to the port operator of a port to which this Part applies require the port operator to provide the Minister with specified information about any of the following in respect of service charges charged or proposed to be charged by the port operator—
(a) the amount of a particular charge, (b) the purpose and function of a particular charge, (c) the administration of a particular charge.
(1) A port operator may, when providing information pursuant to a direction of the Minister under this Part, claim that the information is confidential if there are sufficient grounds for such a claim. (2) There are sufficient grounds for a claim that information is confidential only if it appears that disclosure of the information—
(a) could adversely affect the competitive position of the port operator or any other person, or (b) would result in the port operator being in breach of a duty of confidentiality owed to another person.
(1) Transport for NSW or the Port Authority of New South Wales may investigate existing or proposed port facilities for use by vessels. (2) Transport for NSW or the Port Authority of New South Wales may, with the approval of the Minister, make an order prohibiting—
(a) the construction of any embankment, retaining wall, reclamation, wharf or a structure of any kind, or (b) the carrying out of any dredging operations, in any specified area of water affected by an investigation under subsection (1) except in accordance with an approval given by Transport for NSW or the Port Authority of New South Wales.
(1) Transport for NSW or the Port Authority of New South Wales may give notice to a person who is making use of any work carried out in contravention of section 85C or 85D requiring the person to stop making use of that work by a specified date.
(1) A law enforcement officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(1) In this section— prescribed land means land that is within a distance of 10 metres measured horizontally on the landward side—
(a) from the top of the bank of any non-tidal waters, or (b) from high water mark on the shore of any tidal waters, being in each case waters of which the bed is vested in Transport for NSW. prescribed work means—
(a) excavation, or (b) removal of soil, sand, gravel, stone, rock or other material from land, or (c) removal of a retaining wall. public authority means—
(a) Transport for NSW, or (b) any other body, corporate or unincorporate, constituted by an Act where the Governor or a Minister of the Crown appoints one or more of the members of the body, or (c) a corporation constituted by an Act, or (d) a council or a county council within the meaning of the . Local Government Act 1993 (2) A person (other than a public authority) must not carry out any prescribed work on prescribed land except in accordance with an approval (and any conditions of the approval) in writing from Transport for NSW. Maximum penalty—100 penalty units. (3) If Transport for NSW is satisfied—
(a) that the bank or shore of any waters of which the bed is vested in Transport for NSW is being eroded or is likely to be eroded, or (b) that any material of any kind is being deposited, or is likely to be deposited, on the bed or shore of any such waters, by reason of or as a result of—
(c) the carrying out on any land of any prescribed work (whether or not the person carrying out the work is liable to a penalty under subsection (2)), or (d) the demolition, collapse, partial collapse or disrepair of or any damage to, a retaining wall or other structure on any land, Transport for NSW may give to the prescribed person in relation to the land the notice specified in subsection (5).
(1) In this section, structure includes any swimming pool, pontoon, jetty, shed or any other structure.(2) For the purposes of this section a reference to the bed of any waters vested in a relevant authority includes a reference to any land that, but for the existence of a structure, would be covered by any such waters.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(Sections 5, 16, 17, 32 (repealed), 40A, 45)
(Section 5)
(Section 10B)
(Section 113)