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

Authorised by the Chief Parliamentary Counsel Authorised Version i Port Management (Port of Melbourne Safety and Property) Amendment Regulations 2012 S.R. No. 125/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Objective 2 6 Definitions 2 7 Notices under section 15 of the Marine Act 1988 to prevail 2 8 Regulations under Marine Act 1988 to prevail 2 9 Harbour master's directions prevail 2 10 Application for authorisation to carry out bunkering or liquid transfers 3 11 Port corporation may authorise an activity at the port 3 12 Conditions concerning authority 3 13 Suspension of authority 3 14 Port corporation may cancel or vary authority 3 15 Notice of proposal to carry out bunkering and liquid transfers 4 16 Substitution of regulation 21 4 21 Notice to the port corporation of any incident involving a hazardous port activity 4 17 Recovery of costs 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 1 Objective 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. 2 Authorising provision These Regulations are made under section 98 of the Port Management Act 1995. 3 Commencement These Regulations come into operation on 15 November 2012. -- 2 of 6 -- S.R. No. 125/2012 Port Management (Port of Melbourne Safety and Property) Amendment Regulations 2012 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations the Port Management (Port of Melbourne Safety and Property) Regulations 2010 1 are called the Principal Regulations. 5 Objective In regulation 1 of the Principal Regulations, paragraph (b) is revoked. 6 Definitions In regulation 4 of the Principal Regulations, the definitions of bunkering and liquid transfer are revoked. 7 Notices 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". 8 Regulations 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". 9 Harbour 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". r. 4 -- 3 of 6 -- S.R. No. 125/2012 Port Management (Port of Melbourne Safety and Property) Amendment Regulations 2012 3 Authorised by the Chief Parliamentary Counsel 10 Application for authorisation to carry out bunkering or liquid transfers Regulation 10 of the Principal Regulations is revoked. 11 Port 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.". 12 Conditions concerning authority In regulation 12 of the Principal Regulations omit ", bunkering or liquid transfer" (where twice occurring). 13 Suspension of authority In regulation 13(2)(d) of the Principal Regulations omit ", bunkering or liquid transfer". 14 Port corporation may cancel or vary authority In regulation 15(1) of the Principal Regulations omit ", bunkering or liquid transfer" (wherever occurring). r. 10 -- 4 of 6 -- S.R. No. 125/2012 Port Management (Port of Melbourne Safety and Property) Amendment Regulations 2012 4 Authorised by the Chief Parliamentary Counsel 15 Notice of proposal to carry out bunkering and liquid transfers Regulation 19 of the Principal Regulations is revoked. 16 Substitution of regulation 21 For regulation 21 of the Principal Regulations substitute— "21 Notice 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.". 17 Recovery of costs In regulation 22 of the Principal Regulations omit ", bunkering or liquid transfer" (wherever occurring). ═══════════════ r. 15 -- 5 of 6 -- S.R. No. 125/2012 Port Management (Port of Melbourne Safety and Property) Amendment Regulations 2012 5 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 115/2010. Endnotes -- 6 of 6 --