Port Management Further Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Port Management Further Amendment Act 2012 No. 54 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 PART 2—SAFETY AND ENVIRONMENT MANAGEMENT PLANNING 3 4 Port manager's responsibilities for management plans 3 5 New section 91CA inserted 3 91CA Safety and environment management planning objectives 3 6 Safety and environment management plans 4 7 Sections 91E and 91F substituted 5 91E Audits of compliance 5 91F When must an audit be conducted? 7 91FA Reports on audits 7 8 Ministerial guidelines 7 9 Ministerial directions 8 10 New sections 91HA and 91HB inserted 8 91HA Publication of audit 8 91HB Reporting 9 11 New section 184A inserted 9 184A Transitional provisions—2012 amendments 9 PART 3—OTHER AMENDMENTS TO THE PORT MANAGEMENT ACT 1995 10 12 Definitions 10 13 Standards and conditions of service and supply 10 14 Definition 10 15 Definitions 10 16 Power to prosecute 10 17 Regulations 11 -- 1 of 15 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 12 18 Repeal of amending Act 12 ═══════════════ ENDNOTES 13 -- 2 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Port Management Further Amendment Act 2012 † No. 54 of 2012 [Assented to 18 September 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is to amend the Port Management Act 1995 to— (a) further provide for requirements for safety and environment management plans for ports; and (b) provide for planning and coordination at the Port of Geelong; and Victoria -- 3 of 15 -- Part 1—Preliminary Port Management Further Amendment Act 2012 No. 54 of 2012 2 Authorised by the Chief Parliamentary Counsel (c) further regulate hazardous port activities to include the transfer of liquids at the Port of Melbourne. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 16 April 2013, it comes into operation on that day. 3 Principal Act In this Act the Port Management Act 1995 is called the Principal Act. __________________ s. 2 See: Act No. 82/1995. Reprint No. 5 as at 31 July 2009 and amending Act Nos 69/2009, 93/2009, 6/2010, 45/2010, 65/2010, 74/2010, 38/2011, 78/2011 and 8/2012. LawToday: www. legislation. vic.gov.au -- 4 of 15 -- Part 2—Safety and Environment Management Planning Port Management Further Amendment Act 2012 No. 54 of 2012 3 Authorised by the Chief Parliamentary Counsel PART 2—SAFETY AND ENVIRONMENT MANAGEMENT PLANNING 4 Port manager's responsibilities for management plans (1) In section 91C(1) of the Principal Act omit "and certified". (2) After section 91C(1) of the Principal Act insert— "(1AA) A port manager may prepare a safety management plan and an environment management plan under subsection (1) as a single plan.". 5 New section 91CA inserted After section 91C of the Principal Act insert— "91CA Safety and environment management planning objectives The safety management and environment management planning objectives are— (a) promoting improvements in safety and environmental outcomes at Victoria's ports; and (b) promoting and facilitating the development, maintenance and implementation of systems that enable compliance with the various safety and environmental duties that apply to the operation of the port; and (c) promoting an integrated and systematic approach to risk management in relation to the operation of the port.". s. 4 -- 5 of 15 -- Part 2—Safety and Environment Management Planning Port Management Further Amendment Act 2012 No. 54 of 2012 4 Authorised by the Chief Parliamentary Counsel 6 Safety and environment management plans (1) In section 91D(1) of the Principal Act, for "management plan" (where first occurring) substitute "safety management plan and an environment management plan". (2) In section 91D(1)(b) of the Principal Act, for "hazards and risks" substitute "safety or environmental hazards and risks (as the case requires)". (3) In section 91D(1)(g) of the Principal Act, for "plan." substitute "plan;". (4) After section 91D(1)(g) of the Principal Act insert— "(h) set out those measures (if any) that the port manager intends to implement to eliminate or reduce the safety and environmental risks and hazards (as the case requires) of the port; (i) set out the key performance indicators through which the port manager can assess the extent to which the implementation of the management plan achieves the safety and environment management planning objectives set out in section 91CA.". (5) In section 91D(2) of the Principal Act omit "and certified". (6) For section 91D(3) of the Principal Act substitute— "(3) The safety management plan and the environment management plan for a port must be prepared in accordance with any Ministerial guidelines under section 91G.". (7) Section 91D(4) of the Principal Act is repealed. s. 6 -- 6 of 15 -- Part 2—Safety and Environment Management Planning Port Management Further Amendment Act 2012 No. 54 of 2012 5 Authorised by the Chief Parliamentary Counsel 7 Sections 91E and 91F substituted For sections 91E and 91F of the Principal Act substitute— "91E Audits of compliance (1) A safety management plan for a commercial trading port must be audited by a person who is approved by the Minister in accordance with subsection (5) to determine whether— (a) the plan adequately provides for the matters required by section 91D(1); and (b) the plan has been prepared in accordance with any Ministerial guidelines under section 91G; and (c) the port manager is complying with the safety management plan for the port. (2) An environment management plan for a commercial trading port must be audited by an environmental auditor appointed under section 53S of the Environment Protection Act 1970 to determine whether— (a) the plan adequately provides for the matters required by section 91D(1); and (b) the plan has been prepared in accordance with any Ministerial guidelines under section 91G; and (c) the port manager is complying with the environment management plan for the port. (3) A safety management plan for a local port must be audited by a person who is approved by the Minister in accordance with subsection (5) to determine whether— (a) the plan adequately provides for the matters required by section 91D(1); and s. 7 -- 7 of 15 -- Part 2—Safety and Environment Management Planning Port Management Further Amendment Act 2012 No. 54 of 2012 6 Authorised by the Chief Parliamentary Counsel (b) the plan has been prepared in accordance with any Ministerial guidelines under section 91G; and (c) the port manager is complying with the safety management plan for the port. (4) An environment management plan for a local port must be audited by a person who is approved by the Minister in accordance with subsection (5) or an environmental auditor appointed under section 53S of the Environment Protection Act 1970 to determine whether— (a) the plan adequately provides for the matters required by section 91D(1); and (b) the plan has been prepared in accordance with any Ministerial guidelines under section 91G; and (c) the port manager is complying with the environment management plan for the port. (5) After consulting the relevant Ministers, the Minister may approve a person to audit safety management plans for a commercial trading port or a local port, or an environment management plan for a local port, if the Minister is satisfied the person has the appropriate qualifications or experience in— (a) for safety management plans, safety assessment or safety management to conduct the audits; or (b) for environment management plans, environmental assessment or environmental management to conduct the audits. s. 7 -- 8 of 15 -- Part 2—Safety and Environment Management Planning Port Management Further Amendment Act 2012 No. 54 of 2012 7 Authorised by the Chief Parliamentary Counsel 91F When must an audit be conducted? The port manager of a port must ensure that an audit under section 91E is conducted— (a) within 6 months of the time fixed in a direction given to the port manager by the Minister under section 91H(1); or (b) within 3 years after the previous audit was conducted. 91FA Reports on audits A person who has audited a management plan under section 91E must— (a) prepare a report to the port manager about the outcomes of the audit and the person's recommendations (if any) about any changes required to the plan or to the operations of the port to comply with the plan; and (b) forward a copy of the report to the Minister within 21 days after the person has completed the report; and (c) forward a copy of the report to any body that is prescribed in accordance with the regulations.". 8 Ministerial guidelines In section 91G(1) of the Principal Act— (a) in paragraph (f), for "plans." substitute "plans;"; and (b) after paragraph (f) insert— "(g) the form and content of reports under section 91HB; (h) the date by which a report under section 91HB must be prepared.". s. 8 -- 9 of 15 -- Part 2—Safety and Environment Management Planning Port Management Further Amendment Act 2012 No. 54 of 2012 8 Authorised by the Chief Parliamentary Counsel 9 Ministerial directions (1) Section 91H(2) of the Principal Act is repealed. (2) In section 91H(4) of the Principal Act— (a) for "The Minister may, after consulting with the relevant Ministers," substitute "Subject to subsection (4A), the Minister may,"; and (b) for "section 91F" (where first occurring) substitute "section 91E"; and (c) after "is necessary" insert "or appropriate". (3) After section 91H(4) of the Principal Act insert— "(4A) The Minister must consult with the relevant Ministers before giving a direction to a port Manager under subsection (4) that a safety management plan or an environment management plan must be audited at a time that is earlier than otherwise required by section 91F.". (4) In section 91H(5) of the Principal Act, for "section 91F" substitute "section 91E". 10 New sections 91HA and 91HB inserted After section 91H of the Principal Act insert— "91HA Publication of audit (1) The Minister may, by notice in writing to a port manager, direct that the report of a person who has conducted an audit of a management plan must be published in accordance with the direction or any guidelines issued under section 91G. (2) In requiring a port manager to publish a report under subsection (1), the Minister cannot require the port manager to publish any information that— s. 9 -- 10 of 15 -- Part 2—Safety and Environment Management Planning Port Management Further Amendment Act 2012 No. 54 of 2012 9 Authorised by the Chief Parliamentary Counsel (a) is of a confidential or commercially sensitive nature; or (b) relates to the personal affairs of any person (including a deceased person). 91HB Reporting (1) The port manager must make an annual report to the Minister and any bodies that are prescribed by the regulations on the safety and environmental performance outcomes for the port. (2) A report under this section must comply with any guidelines issued under section 91G.". 11 New section 184A inserted After section 184 of the Principal Act insert— "184A Transitional provisions—2012 amendments Despite the commencement of Part 2 of the Port Management Further Amendment Act 2012, the law as in force before that commencement continues to apply to any management plan in force immediately before that commencement.". __________________ s. 11 -- 11 of 15 -- Part 3—Other Amendments to the Port Management Act 1995 Port Management Further Amendment Act 2012 No. 54 of 2012 10 Authorised by the Chief Parliamentary Counsel PART 3—OTHER AMENDMENTS TO THE PORT MANAGEMENT ACT 1995 12 Definitions In section 3(1) of the Principal Act, in the definition of hazardous port activity, after paragraph (a) insert— "(ab) the transfer of liquid fuel or other non-cargo liquids by flexible hose to and from vessels or wharves;". 13 Standards and conditions of service and supply In section 55(2) of the Principal Act omit "or (iv)". 14 Definition In section 91A of the Principal Act, in the definition of relevant Ministers— (a) after "Ministers administering the" insert "Coastal Management Act 1995,"; and (b) after "the Environment Protection Act 1970," insert "the Marine (Drug, Alcohol and Pollution Control) Act 1988,". 15 Definitions In section 91J of the Principal Act, in the definition of relevant port authority, after paragraph (b) insert— "(ba) in the case of the port of Geelong, the VRCA;". 16 Power to prosecute In section 97 of the Principal Act, for "section 98(1)(ca), (cb)," substitute "section 98(1)(cb),". s. 12 -- 12 of 15 -- Part 3—Other Amendments to the Port Management Act 1995 Port Management Further Amendment Act 2012 No. 54 of 2012 11 Authorised by the Chief Parliamentary Counsel 17 Regulations (1) Section 98(1)(ca) of the Principal Act is repealed. (2) In section 98(1)(cb) of the Principal Act, for "the carrying out" substitute "prohibition or regulation of the carrying out". (3) After section 98(1)(cd) of the Principal Act insert— "(ce) prescribing bodies for the purposes of sections 91FA and 91HB;". __________________ s. 17 -- 13 of 15 -- Part 4—Repeal of Amending Act Port Management Further Amendment Act 2012 No. 54 of 2012 12 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 18 Repeal of amending Act This Act is repealed on 16 April 2014. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 18 -- 14 of 15 -- Port Management Further Amendment Act 2012 No. 54 of 2012 13 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 April 2012 Legislative Council: 16 August 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Port Management Act 1995 and for other purposes." Endnotes -- 15 of 15 --