Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Transport Legislation Amendment (Port of
Hastings Development Authority) Act 2011
No. 38 of 2011
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2—AMENDMENT OF TRANSPORT INTEGRATION
ACT 2010 3
3 Definitions 3
4 Definition—Division 3A of Part 6 3
5 Port of Melbourne Corporation 3
6 Object of Port of Melbourne Corporation 4
7 Functions of Port of Melbourne Corporation 4
8 Dredging by Port of Melbourne Corporation 4
9 Definition—Division 3B of Part 6 5
10 Functions of Victorian Regional Channels Authority 5
11 New division 3C of Part 6 inserted 5
Division 3C—Port of Hastings Development Authority 5
141Q Establishment of Port of Hastings Development
Authority 5
141R Port of Hastings Development Authority not to
represent the Crown 5
141S Object of Port of Hastings Development Authority 5
141T Functions of Port of Hastings Development Authority 6
141U Acquisition or disposal of land by Port of Hastings
Development Authority to be approved by Minister 8
141V Public interest functions 9
12 Determination of initial capital 10
13 Capital 10
14 Repayment of capital 10
15 Annual report 10
16 Corporate plan 10
17 Statement of corporate intent 11
18 Corporate plan to be followed 11
19 Board of directors to give notice of significant events 11
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20 New section 201D inserted 11
201D Substitution of parties to channel operating agreement—
Transport Legislation Amendment (Port of Hastings
Development Authority) Act 2011 11
21 New Part 9 inserted 12
PART 9—TRANSPORT LEGISLATION AMENDMENT
(PORT OF HASTINGS DEVELOPMENT AUTHORITY)
ACT 20111 12
Division 1—Transfer of property and staff to the Port of
Hastings Development Authority 12
207 Definitions—Division 1 12
208 Minister may direct transfer of Port of Melbourne
Corporation property to Port of Hastings Development
Authority 14
209 Property transferred in accordance with direction—
Port of Hastings Development Authority 16
210 Allocation of property etc. subject to encumbrances—
Port of Hastings Development Authority 16
211 Certificate of chief executive officer—Port of Hastings
Development Authority 17
212 Value of transferred property—Port of Hastings
Development Authority 18
213 Substitution of party to agreement—Port of Hastings
Development Authority 18
214 Former Port of Melbourne Corporation instruments—
Port of Hastings Development Authority 19
215 Proceedings—Port of Hastings Development Authority 19
216 Interests in land—Port of Hastings Development
Authority 19
217 Easements—Port of Hastings Development Authority 20
218 Amendment of Register—Port of Hastings
Development Authority 20
219 Taxes—Port of Hastings Development Authority 21
220 Evidence—Port of Hastings Development Authority 21
221 Validity of things done under this Division 21
222 Minister may direct Port of Melbourne Corporation to
lease land to Port of Hastings Development Authority 23
223 Transfer of staff from Port of Melbourne Corporation
to Port of Hastings Development Authority 23
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Division 2—Transfer of property to Victorian Regional
Channels Authority 25
224 Definitions—Division 2 25
225 Minister may direct transfer of Port of Melbourne
Corporation property to Victorian Regional Channels
Authority 27
226 Property transferred in accordance with direction—
Victorian Regional Channels Authority 29
227 Allocation of property etc. subject to encumbrances—
Victorian Regional Channels Authority 29
228 Certificate of chief executive officer—Victorian
Regional Channels Authority 30
229 Value of transferred property—Victorian Regional
Channels Authority 31
230 Substitution of party to agreement—Victorian
Regional Channels Authority 31
231 Former Port of Melbourne Corporation instruments—
Victorian Regional Channels Authority 31
232 Proceedings—Victorian Regional Channels Authority 32
233 Interests in land—Victorian Regional Channels
Authority 32
234 Easements—Victorian Regional Channels Authority 33
235 Amendment of Register—Victorian Regional Channels
Authority 33
236 Taxes—Victorian Regional Channels Authority 34
237 Evidence—Victorian Regional Channels Authority 34
238 Validity of things done under this Division 34
239 Minister may direct Port of Melbourne Corporation to
lease land to Victorian Regional Channels Authority 36
PART 3—AMENDMENT OF PORT MANAGEMENT ACT 1995 37
22 Definitions 37
23 Port operations 37
24 Definitions—Part 3 38
25 General power to make determinations 38
26 Wharfage fees 39
27 New section 74A inserted 39
74A Wharfage fees—Port of Hastings 39
28 Payment of wharfage and channel fees 40
29 Interest on overdue payments 41
30 Security for payment of wharfage and channel fees 41
31 Waiver or refund of wharfage or channel fees 41
32 Definitions—Part 5A 42
33 Making a declaration of restricted access area 42
34 Definitions—Part 6B 43
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PART 4—CONSEQUENTIAL AMENDMENTS 44
35 Schedule 1—Borrowing and Investment Powers Act 1987 44
36 Definitions—Marine Act 1988 44
37 Requirement to engage harbour master—Marine Act 1988 44
38 Authorisation to act as a harbour master—Marine Act 1988 45
39 Definitions—Marine Safety Act 2010 45
40 Certain entities must engage harbour masters—Marine Safety
Act 2010 45
41 Authorisation to act as assistant harbour master—Marine
Safety Act 2010 46
42 Disclosure of information—Road Safety Act 1986 46
43 Definitions—Treasury Corporation of Victoria Act 1992 46
44 Schedule 1—Treasury Corporation of Victoria Act 1992 47
PART 5—REPEAL OF AMENDING ACT 48
45 Repeal of amending Act 48
═══════════════
ENDNOTES 49
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Transport Legislation Amendment
(Port of Hastings Development
Authority) Act 2011 †
No. 38 of 2011
[Assented to 23 August 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to promote
increased capacity and competition in the
container ports sector by amending the Transport
Integration Act 2010, the Port Management Act
1995 and other Acts to provide for—
Victoria
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Part 1—Preliminary
Transport Legislation Amendment (Port of Hastings Development Authority)
Act 2011
No. 38 of 2011
2
Authorised by the Chief Parliamentary Counsel
(a) the establishment of the Port of Hastings
Development Authority;
(b) the transfer of functions relating to the port
of Hastings from the Port of Melbourne
Corporation to the Port of Hastings
Development Authority;
(c) the transfer of functions relating to port of
Hastings waters from the Port of Melbourne
Corporation to the Victorian Regional
Channels Authority;
(d) the making of consequential and transitional
amendments.
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 by 1 January 2012, it comes into
operation on that day.
__________________
s. 2
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PART 2—AMENDMENT OF TRANSPORT INTEGRATION
ACT 2010
3 Definitions
(1) In section 3 of the Transport Integration Act
2010, insert the following definition—
"Port of Hastings Development Authority means
the body corporate established under
section 141Q;".
(2) In section 3 of the Transport Integration
Act 2010, after paragraph (p) of the definition of
transport body insert—
"(q) the Port of Hastings Development
Authority;".
(3) In the definition of Transport Corporation in
section 3 of the Transport Integration Act
2010—
(a) in paragraph (e), for "Authority;" substitute
"Authority; or";
(b) after paragraph (e) insert—
"(f) the Port of Hastings Development
Authority;".
4 Definition—Division 3A of Part 6
Section 141A of the Transport Integration Act
2010 is repealed.
5 Port of Melbourne Corporation
(1) Section 141B(3) of the Transport Integration
Act 2010 is repealed.
(2) Section 141B(4) of the Transport Integration
Act 2010 is repealed.
s. 3
See:
Act No.
6/2010.
Reprint No. 1
as at
1 September
2010
and
amending
Act Nos
13/2009,
6/2010,
54/2010,
65/2010 and
79/2010.
LawToday:
www.
legislation.
vic.gov.au
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6 Object of Port of Melbourne Corporation
(1) In section 141D(1) of the Transport Integration
Act 2010, for "PoMC ports" substitute "port of
Melbourne".
(2) In section 141D(2) of the Transport Integration
Act 2010—
(a) in paragraph (a), for "PoMC ports are"
substitute "port of Melbourne is";
(b) in paragraphs (b) and (c), for "PoMC ports"
(wherever occurring) substitute "port of
Melbourne";
(c) in paragraph (d), omit "and port of Hastings
waters".
7 Functions of Port of Melbourne Corporation
(1) In section 141E(1) of the Transport Integration
Act 2010—
(a) for "PoMC ports" (wherever occurring)
substitute "port of Melbourne";
(b) in paragraph (g), for "outside the ports"
substitute "outside the port of Melbourne";
(c) in paragraphs (h), (i) and (j), omit "and port
of Hastings waters" (wherever occurring);
(d) in paragraph (j), for "Marine Act 1988"
substitute "Marine Safety Act 2010".
(2) In section 141E(2) of the Transport Integration
Act 2010, for "PoMC ports" (wherever occurring)
substitute "port of Melbourne".
8 Dredging by Port of Melbourne Corporation
In section 141F of the Transport Integration Act
2010, omit "or port of Hastings waters" (wherever
occurring).
s. 6
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9 Definition—Division 3B of Part 6
In the definition of regional port waters in
section 141I of the Transport Integration Act
2010, paragraph (b) is repealed.
10 Functions of Victorian Regional Channels Authority
In section 141M(1)(a)(iii) of the Transport
Integration Act 2010, for "Marine Act 1988"
substitute "Marine Safety Act 2010".
11 New division 3C of Part 6 inserted
After Division 3B of Part 6 of the Transport
Integration Act 2010, insert—
"Division 3C—Port of Hastings Development
Authority
141Q Establishment of Port of Hastings
Development Authority
The Port of Hastings Development Authority
is established.
141R Port of Hastings Development Authority
not to represent the Crown
The Port of Hastings Development Authority
is a public entity, but does not represent the
Crown.
141S Object of Port of Hastings Development
Authority
(1) The primary object of the Port of Hastings
Development Authority is—
(a) to manage and operate the port of
Hastings; and
(b) to facilitate the development of the port
of Hastings as a viable alternative to the
port of Melbourne as a container port in
order to increase capacity and
s. 9
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competition in the container ports
sector to accommodate future growth in
trade—
consistently with the vision statement and
the transport system objectives.
(2) Without limiting the generality of subsection
(1), the primary object includes the
following—
(a) to seek to ensure, in collaboration with
relevant responsible bodies, that
appropriate transport infrastructure is
provided to support the growth and
development of the port of Hastings;
(b) to ensure, in collaboration with relevant
responsible bodies, that the port of
Hastings is effectively integrated with
the transport system and other systems
of infrastructure in the State;
(c) to facilitate, in collaboration with
relevant responsible bodies, the
sustainable growth of trade through the
port of Hastings;
(d) to ensure that essential port services of
the port of Hastings are available and
cost effective.
141T Functions of Port of Hastings
Development Authority
(1) The functions of the Port of Hastings
Development Authority are—
(a) to plan for the development and
operation of the port of Hastings;
(b) to provide land, waters and
infrastructure necessary for the
development and operation of the port
of Hastings;
s. 11
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(c) to develop, or enable and control the
development by others of, the whole or
any part of the port of Hastings;
(d) to manage, or enable and control the
management by others of, the whole or
any part of the port of Hastings;
(e) to provide, or enable and control the
provision by others of, services for the
operation of the port of Hastings;
(f) to promote and market the port of
Hastings;
(g) to facilitate the integration of
infrastructure and logistics systems in
the port of Hastings with the transport
system and other relevant systems
outside the port;
(h) to perform functions in accordance with
a direction given by the Minister under
section 141V;
(i) to perform any other functions or duties
conferred on the Port of Hastings
Development Authority by any other
Act or any regulations under any other
Act.
(2) In performing the functions conferred on the
Port of Hastings Development Authority, the
Port of Hastings Development Authority
must—
(a) carry out its functions consistently with
State policies and strategies for the
development of the Victorian port and
freight networks; and
s. 11
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(b) to the extent that it is possible to do so
consistently with paragraph (a), operate
in a commercially sound manner
having regard to—
(i) the benefits of increased
competition between persons and
bodies that provide services
related to the operation of the port
of Hastings;
(ii) the persons living or working in
the immediate neighbourhood of
the port of Hastings;
(iii) the need to conduct research and
collect information relating to the
performance of the functions and
the operation of the port of
Hastings so as to enable the Port
of Hastings Development
Authority to meet the primary
object of the Port of Hastings
Development Authority;
(iv) the need to deal efficiently with
any complaints relating to the
performance of its functions.
141U Acquisition or disposal of land by Port of
Hastings Development Authority to be
approved by Minister
(1) The Port of Hastings Development Authority
must obtain the approval of the Minister
before acquiring or disposing of any interest
in land.
(2) Subsection (1) does not apply to any interest
in land or class of interest in land exempted
by the Minister by notice in writing given to
the Port of Hastings Development Authority.
s. 11
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141V Public interest functions
(1) The Minister, with the approval of the
Treasurer, may direct the board of the Port of
Hastings Development Authority—
(a) to perform certain functions that the
Minister considers to be in the public
interest but that may cause the Port of
Hastings Development Authority to
suffer financial detriment; or
(b) to cease to perform functions of a kind
referred to in paragraph (a); or
(c) to cease to perform certain functions
that the Minister considers not to be in
the public interest.
(2) The board of the Port of Hastings
Development Authority must comply with a
direction given under subsection (1).
(3) If the Port of Hastings Development
Authority satisfies the Treasurer that it has
suffered financial detriment as a result of
complying with a direction given under
subsection (1), the Port of Hastings
Development Authority may be reimbursed
by the State an amount determined by the
Treasurer and the Consolidated Fund is
hereby appropriated to the necessary extent
accordingly.
(4) The reference in this section to suffering
financial detriment includes a reference to
incurring net costs that are greater than
would have been incurred if the direction
were not complied with.".
s. 11
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12 Determination of initial capital
In section 158(6) of the Transport Integration
Act 2010, after "Port of Melbourne Corporation"
insert ", the Port of Hastings Development
Authority".
13 Capital
In section 159(2) of the Transport Integration
Act 2010, after "Port of Melbourne Corporation"
insert ", the Port of Hastings Development
Authority".
14 Repayment of capital
In section 160(3) of the Transport Integration
Act 2010, after "Port of Melbourne Corporation"
insert ", the Port of Hastings Development
Authority".
15 Annual report
After section 164(3) of the Transport
Integration Act 2010, insert—
"(4) The Port of Hastings Development
Authority, in its annual report for a financial
year under Part 7 of the Financial
Management Act 1994, must include a copy
of each direction given to it during that year
under section 141V together with a statement
of its response to that direction.".
16 Corporate plan
In section 165(13) of the Transport Integration
Act 2010, after "Port of Melbourne Corporation"
insert ", the Port of Hastings Development
Authority".
s. 12
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17 Statement of corporate intent
In section 166(2) of the Transport Integration
Act 2010, after "Port of Melbourne Corporation"
insert ", the Port of Hastings Development
Authority".
18 Corporate plan to be followed
In section 167(3) of the Transport Integration
Act 2010, after "Port of Melbourne Corporation"
insert ", the Port of Hastings Development
Authority".
19 Board of directors to give notice of significant events
In section 169(3) of the Transport Integration
Act 2010, after "Port of Melbourne Corporation"
insert ", the Port of Hastings Development
Authority".
20 New section 201D inserted
After section 201C of the Transport Integration
Act 2010, insert—
"201D Substitution of parties to channel
operating agreement—Transport
Legislation Amendment (Port of Hastings
Development Authority) Act 2011
(1) In this section, channel operating
agreement means the agreement
commencing on 15 June 2007 (as from time
to time amended, supplemented or novated)
in relation to the operation and maintenance
of channels in port of Hastings waters
between—
(a) the Crown in right of the State of
Victoria; and
s. 17
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(b) the Victorian Regional Channels
Authority; and
(c) Toll Transport Pty Ltd
(ABN 31 006 604 191).
(2) On and from the commencement of this
section, the Victorian Regional Channels
Authority is taken to be substituted for the
Port of Melbourne Corporation as a party to
the channel operating agreement.
(3) For the purposes of subsection (2), in the
Port Management Act 1995 a reference to
the channel operator for port of Hastings
waters is taken to be a reference to—
(a) Toll Transport Pty Ltd
(ABN 31 006 604 191); or
(b) if that person has assigned to another
person the right, power or duty that is
relevant to that reference, that other
person.".
21 New Part 9 inserted
After Part 8 of the Transport Integration Act
2010 insert—
"PART 9—TRANSPORT LEGISLATION
AMENDMENT (PORT OF HASTINGS
DEVELOPMENT AUTHORITY) ACT 2011
Division 1—Transfer of property and staff to
the Port of Hastings Development Authority
207 Definitions—Division 1
(1) In this Division—
allocation statement means an allocation
statement given under section 208(3)
and approved by the Minister under
section 208(5) and includes a statement
s. 21
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that has been amended under section
208(7) and (8);
former Port of Melbourne Corporation
instrument means an instrument
(including a legislative instrument other
than this Act) or an oral agreement
subsisting immediately before the
relevant date—
(a) to which the Port of Melbourne
Corporation was a party; or
(b) that was given to, or in favour of,
the Port of Melbourne
Corporation; or
(c) that refers to the Port of
Melbourne Corporation; or
(d) under which—
(i) money is, or may become,
payable to the Port of
Melbourne Corporation; or
(ii) other property is to be, or
may become liable to be,
transferred to or by the Port
of Melbourne Corporation;
former Port of Melbourne Corporation
property means property, rights or
liabilities of the Port of Melbourne
Corporation that, under this Division,
have vested in, or become liabilities of,
the Port of Hastings Development
Authority;
instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
s. 21
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property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
relevant date, in relation to an allocation
statement or property, rights or
liabilities allocated under such a
statement, means the date fixed by the
Minister under subsection (2) for the
purposes of that statement;
rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective.
(2) The Minister, by notice published in the
Government Gazette, may fix the relevant
date for the purposes of an allocation
statement.
208 Minister may direct transfer of Port of
Melbourne Corporation property to Port
of Hastings Development Authority
(1) The Minister may give a direction in writing
to the Port of Melbourne Corporation
directing it to transfer, in accordance with
the direction, any property, rights and
liabilities of a kind specified in the statement
to the Port of Hastings Development
Authority.
(2) A direction under subsection (1) may include
directions as to the method of valuation to be
used by the Port of Melbourne Corporation
for the purposes of determining the value of
property, rights and liabilities to be
transferred.
s. 21
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(3) Within 45 days after receiving a direction
under subsection (1), the Port of Melbourne
Corporation must give to the Minister a
statement containing the information
required by the Minister relating to the
property, rights and liabilities of the Port of
Melbourne Corporation to which the
direction relates, as at the date specified by
the Minister for the purposes of this section.
(4) A statement under this section—
(a) must give the value of the property,
rights and liabilities of the Port of
Melbourne Corporation to be
transferred; and
(b) must allocate the property, rights and
liabilities of the Port of Melbourne
Corporation shown in the statement in
accordance with the directions of the
Minister; and
(c) must be signed by the chief executive
officer of the Port of Melbourne
Corporation.
(5) If a statement under this section is approved
by the Minister—
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Division.
(6) The Minister may at any time direct the Port
of Melbourne Corporation to amend a
statement given to him or her under this
section as specified in the direction.
(7) An allocation statement under this section
may be amended by writing signed by the
Minister.
s. 21
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(8) An amendment under subsection (7) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
the Minister is satisfied that the amendment
does not adversely affect any property, rights
or liabilities of a person other than the Port
of Melbourne Corporation or the Port of
Hastings Development Authority in relation
to that statement.
209 Property transferred in accordance with
direction—Port of Hastings Development
Authority
On the relevant date—
(a) all property and rights of the Port of
Melbourne Corporation, wherever
located, that are allocated under an
allocation statement, vest in the Port of
Hastings Development Authority in
accordance with the statement;
(b) all liabilities of the Port of Melbourne
Corporation, wherever located, that are
allocated under an allocation statement,
become liabilities of the Port of
Hastings Development Authority in
accordance with the statement.
210 Allocation of property etc. subject to
encumbrances—Port of Hastings
Development Authority
Unless an allocation statement otherwise
provides, where, under this Division—
(a) property and rights vest in; or
(b) liabilities become liabilities of—
the Port of Hastings Development Authority
in accordance with an allocation statement—
s. 21
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(c) the property and rights so vested are
subject to the encumbrances (if any) to
which they were subject immediately
before so vesting; and
(d) the rights to which the Port of
Melbourne Corporation was entitled in
respect of those liabilities immediately
before they ceased to be liabilities of
the Port of Melbourne Corporation vest
in the Port of Hastings Development
Authority.
211 Certificate of chief executive officer—Port
of Hastings Development Authority
(1) A certificate signed by the chief executive
officer of the Port of Melbourne Corporation
certifying that property, rights or liabilities of
the Port of Melbourne specified in the
certificate have been allocated under an
allocation statement is, unless revoked under
subsection (2), admissible in evidence in any
proceedings and, in absence of evidence to
the contrary is proof—
(a) that the property, rights or liabilities so
specified are the property rights and
liabilities to which the allocation
statement applies; and
(b) that the allocation statement is an
allocation statement for the purposes of
this Division.
(2) If the Minister so directs the chief executive
officer of the Port of Melbourne Corporation
in writing, the chief executive officer must
revoke a certificate given under subsection
(1) by issuing another certificate in place of
the first certificate.
s. 21
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(3) The chief executive officer of the Port of
Melbourne Corporation—
(a) must keep a register of certificates
issued under this section; and
(b) must make the register reasonably
available for inspection by the Port of
Hastings Development Authority or
other interested person.
212 Value of transferred property—Port of
Hastings Development Authority
If the relevant allocation statement gives the
value of property, rights or liabilities of the
Port of Melbourne Corporation that are
allocated to the Port of Hastings
Development Authority, the value to the Port
of Hastings Development Authority of the
property, rights or liabilities is the value so
given.
213 Substitution of party to agreement—Port
of Hastings Development Authority
Where, under an allocation statement, the
rights and liabilities of the Port of Melbourne
Corporation under an agreement are
allocated to the Port of Hastings
Development Authority—
(a) the Port of Hastings Development
Authority becomes, on the relevant
date, a party to the agreement in place
of the Port of Melbourne Corporation;
and
(b) on and after the relevant date, the
agreement has effect as if the Port of
Hastings Development Authority had
always been a party to the agreement.
s. 21
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214 Former Port of Melbourne Corporation
instruments—Port of Hastings
Development Authority
Each former Port of Melbourne Corporation
instrument relating to former Port of
Melbourne Corporation property continues
to have effect according to its tenor on and
after the relevant date in relation to that
property as if a reference in the instrument to
the Port of Melbourne Corporation were a
reference to the Port of Hastings
Development Authority.
215 Proceedings—Port of Hastings
Development Authority
Unless an allocation statement otherwise
provides, if, immediately before the relevant
date, proceedings relating to former Port of
Melbourne Corporation property (including
arbitration proceedings) to which the Port of
Melbourne Corporation was a party were
pending or existing in any court or tribunal,
then, on and after that date, the Port of
Hastings Development Authority is
substituted for the Port of Melbourne
Corporation as a party to the proceedings and
has the same rights in the proceedings as the
Port of Melbourne Corporation had.
216 Interests in land—Port of Hastings
Development Authority
Without limiting this Division and despite
anything to the contrary in any other Act or
law if, immediately before the relevant date,
the Port of Melbourne Corporation is, in
relation to former Port of Melbourne
Corporation property, the registered
proprietor of an interest in land under the
s. 21
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Authorised by the Chief Parliamentary Counsel
Transfer of Land Act 1958, then on and
after that date—
(a) the Port of Hastings Development
Authority is to be taken to be the
registered proprietor of that interest in
land; and
(b) the Port of Hastings Development
Authority has the same rights and
remedies in respect of that interest as
the Port of Melbourne Corporation had.
217 Easements—Port of Hastings
Development Authority
If the Port of Hastings Development
Authority acquires any right in the nature of
an easement, that right must be taken to be
an easement even though there is no land
vested in the Port of Hastings Development
Authority which is benefited or capable of
being benefited by that right.
218 Amendment of Register—Port of Hastings
Development Authority
(1) The Registrar of Titles, on being requested to
do so and on delivery of any relevant
certificate of title or instrument and
certificate of the chief executive officer of
the Port of Melbourne Corporation of former
Port of Melbourne Corporation property,
must make any amendments in the Register
that are necessary because of the operation of
this Division.
(2) Despite subsection (1), it is not necessary to
produce a certificate of title in the case of a
request for amendment of the Register in
relation to property that is an easement
registered under the Transfer of Land Act
1958.
s. 21
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Authorised by the Chief Parliamentary Counsel
219 Taxes—Port of Hastings Development
Authority
No stamp duty or other tax is chargeable
under any Act in respect of anything effected
by or done under this Division or in respect
of any act or transaction connected with or
necessary to be done by reason of this
Division, including a transaction entered into
or an instrument made, executed, lodged or
given, for the purpose of, or connected with
the transfer of property, rights or liabilities of
the Port of Melbourne Corporation.
220 Evidence—Port of Hastings Development
Authority
(1) Documentary or other evidence that would
have been admissible for or against the
interests of the Port of Melbourne
Corporation in relation to former Port of
Melbourne Corporation property if this
Division had not been enacted, is admissible
for or against the interests of the Port of
Hastings Development Authority.
(2) The Evidence Act 2008 applies with respect
to the books of account of the Port of
Melbourne Corporation and to entries made
in those books of account before the relevant
date, whether or not they relate to former
Port of Melbourne Corporation property, as
if those books of account and entries were
business records.
221 Validity of things done under this Division
(1) Nothing effected or to be effected by this
Division or done or suffered under this
Division—
s. 21
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Authorised by the Chief Parliamentary Counsel
(a) is to be regarded as placing any person
in breach of contract or confidence or
as otherwise making any person guilty
of a civil wrong; or
(b) is to be regarded as placing any person
in breach of, or as constituting a default
under, any Act or other law or
obligation or any provision in any
agreement, arrangement or
understanding including, but not
limited to, any provision or obligation
prohibiting, restricting or regulating the
assignment, transfer, sale or disposal of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
condition that allows a person to
exercise a power, right or remedy in
respect of or to terminate any
agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
asset, right or liability; or
(e) is to be regarded as causing any
contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligor
wholly or in part from any obligation.
s. 21
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Authorised by the Chief Parliamentary Counsel
(2) In this section Act does not include the
Charter of Human Rights and
Responsibilities Act 2006.
222 Minister may direct Port of Melbourne
Corporation to lease land to Port of
Hastings Development Authority
The Minister, after consultation with the
Minister administering Part II of the
Transport (Compliance and
Miscellaneous) Act 1983, may in writing
direct the Port of Melbourne Corporation to
lease any land vested in it to the Port of
Hastings Development Authority, on the
terms and conditions specified in the
direction.
223 Transfer of staff from Port of Melbourne
Corporation to Port of Hastings
Development Authority
(1) In this section—
2011 Act means the Transport Legislation
Amendment (Port of Hastings
Development Authority) Act 2011;
Port of Hastings commencement means the
day on which sections 6, 7 and 11 of
the 2011 Act come into operation.
(2) The Secretary must list in writing the
employees and officers of the Port of
Melbourne Corporation employed by the
Port of Melbourne Corporation immediately
before the Port of Hastings commencement
who are to be employed by the Port of
Hastings Development Authority.
s. 21
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Authorised by the Chief Parliamentary Counsel
(3) An employee or officer listed under
subsection (2) is taken—
(a) to be employed by the Port of Hastings
Development Authority with effect
from the Port of Hastings
commencement; and
(b) to be employed by the Port of Hastings
Development Authority on the same
terms and conditions as those that
applied to the employee or officer,
immediately before that
commencement, as an employee or
officer of the Port of Melbourne
Corporation; and
(c) having accrued an entitlement to
benefits in connection with that
employment by the Port of Hastings
Development Authority, that is
equivalent to the entitlement that the
employee or officer had accrued, as an
employee or officer of the Port of
Melbourne Corporation, immediately
before that commencement.
(4) The service of an employee or officer listed
under subsection (2) is to be regarded for all
purposes as having been continuous with the
service of the employee or officer,
immediately before the Port of Hastings
commencement, as an employee or officer of
the Port of Melbourne Corporation.
(5) An employee or officer listed under
subsection (2) is not entitled to receive any
payment or other benefit by reason only of
having ceased to be an employee or officer
of the Port of Melbourne Corporation
because of the operation of this Division.
s. 21
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Authorised by the Chief Parliamentary Counsel
(6) The superannuation entitlements of any
employee or officer listed under
subsection (2) are taken not to be affected by
that employee or officer becoming an
employee or officer of the Port of Hastings
Development Authority.
(7) Nothing in this section prevents—
(a) any of the terms and conditions of
employment of an employee or officer
listed under subsection (2) from being
altered by or under any law, award or
agreement with effect from any time
after the Port of Hastings
commencement; or
(b) an employee or officer listed under
subsection (2) from resigning or being
dismissed at any time after the Port of
Hastings commencement in accordance
with the then existing terms and
conditions of that employee or officer's
employment.
Division 2—Transfer of property to Victorian
Regional Channels Authority
224 Definitions—Division 2
(1) In this Division—
allocation statement means an allocation
statement given under section 225(3)
and approved by the Minister under
section 225(5) and includes a statement
that has been amended under section
225(7) and (8);
former Port of Melbourne Corporation
instrument means an instrument
(including a legislative instrument other
than this Act) or an oral agreement
s. 21
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Authorised by the Chief Parliamentary Counsel
subsisting immediately before the
relevant date—
(a) to which the Port of Melbourne
Corporation was a party; or
(b) that was given to, or in favour of,
the Port of Melbourne
Corporation; or
(c) that refers to the Port of
Melbourne Corporation; or
(d) under which—
(i) money is, or may become,
payable to the Port of
Melbourne Corporation; or
(ii) other property is to be, or
may become liable to be,
transferred to or by the Port
of Melbourne Corporation;
former Port of Melbourne Corporation
property means property, rights or
liabilities of the Port of Melbourne
Corporation that, under this Division,
have vested in, or become liabilities of,
the Victorian Regional Channels
Authority;
instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
s. 21
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Authorised by the Chief Parliamentary Counsel
relevant date, in relation to an allocation
statement or property, rights or
liabilities allocated under such a
statement, means the date fixed by the
Minister under subsection (2) for the
purposes of that statement;
rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective.
(2) The Minister, by notice published in the
Government Gazette, may fix the relevant
date for the purposes of an allocation
statement.
225 Minister may direct transfer of Port of
Melbourne Corporation property to
Victorian Regional Channels Authority
(1) The Minister may give a direction in writing
to the Port of Melbourne Corporation
directing it to transfer, in accordance with
the direction, any property, rights and
liabilities of a kind specified in the direction
to the Victorian Regional Channels
Authority.
(2) A direction under subsection (1) may include
directions as to the method of valuation to be
used by the Port of Melbourne Corporation
for the purposes of determining the value of
property, rights and liabilities to be
transferred.
(3) Within 45 days after receiving a direction
under subsection (1), the Port of Melbourne
Corporation must give to the Minister a
statement containing the information
required by the Minister relating to the
property, rights and liabilities of the Port of
Melbourne Corporation to which the
s. 21
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Authorised by the Chief Parliamentary Counsel
direction relates, as at the date specified by
the Minister for the purposes of this section.
(4) A statement under this section—
(a) must give the value of the property,
rights and liabilities of the Port of
Melbourne Corporation to be
transferred; and
(b) must allocate the property, rights and
liabilities of the Port of Melbourne
Corporation shown in the statement in
accordance with the directions of the
Minister; and
(c) must be signed by the chief executive
officer of the Port of Melbourne
Corporation.
(5) If a statement under this section is approved
by the Minister—
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Division.
(6) The Minister may at any time direct the Port
of Melbourne Corporation to amend a
statement given to him or her under this
section as specified in the direction.
(7) An allocation statement under this section
may be amended by writing signed by the
Minister.
(8) An amendment under subsection (7) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
the Minister is satisfied that the amendment
does not adversely affect any property, rights
or liabilities of a person other than the Port
s. 21
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Authorised by the Chief Parliamentary Counsel
of Melbourne Corporation or the Victorian
Regional Channels Authority in relation to
that statement.
226 Property transferred in accordance with
direction—Victorian Regional Channels
Authority
On the relevant date—
(a) all property and rights of the Port of
Melbourne Corporation, wherever
located, that are allocated under an
allocation statement, vest in the
Victorian Regional Channels Authority
in accordance with the statement;
(b) all liabilities of the Port of Melbourne
Corporation, wherever located, that are
allocated under an allocation statement,
become liabilities of the Victorian
Regional Channels Authority in
accordance with the statement.
227 Allocation of property etc. subject to
encumbrances—Victorian Regional
Channels Authority
Unless an allocation statement otherwise
provides, where, under this Division—
(a) property and rights vest in; or
(b) liabilities become liabilities of—
the Victorian Regional Channels Authority
in accordance with an allocation statement—
(c) the property and rights so vested are
subject to the encumbrances (if any) to
which they were subject immediately
before so vesting; and
s. 21
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Authorised by the Chief Parliamentary Counsel
(d) the rights to which the Port of
Melbourne Corporation was entitled in
respect of those liabilities immediately
before they ceased to be liabilities of
the Port of Melbourne Corporation vest
in the Victorian Regional Channels
Authority.
228 Certificate of chief executive officer—
Victorian Regional Channels Authority
(1) A certificate signed by the chief executive
officer of the Port of Melbourne Corporation
certifying that property, rights or liabilities of
the Port of Melbourne specified in the
certificate have been allocated is, unless
revoked under subsection (2), admissible in
evidence and, in the absence of evidence to
the contrary is proof—
(a) that the property, rights or liabilities so
specified are the property rights and
liabilities to which the allocation
statement applies; and
(b) that the allocation statement is an
allocation statement for the purposes of
this Division.
(2) If the Minister so directs the chief executive
officer of the Port of Melbourne Corporation
in writing, the chief executive officer must
revoke a certificate given under subsection
(1) by issuing another certificate in place of
the first certificate.
(3) The chief executive officer of the Port of
Melbourne Corporation—
(a) must keep a register of certificates
issued under this section; and
s. 21
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Authorised by the Chief Parliamentary Counsel
(b) must make the register reasonably
available for inspection by the
Victorian Regional Channels Authority
or other interested person.
229 Value of transferred property—Victorian
Regional Channels Authority
If the relevant allocation statement gives the
value of property, rights or liabilities of the
Port of Melbourne Corporation that are
allocated to the Victorian Regional Channels
Authority, the value to the Victorian
Regional Channels Authority of the property,
rights or liabilities is the value so given.
230 Substitution of party to agreement—
Victorian Regional Channels Authority
Where, under an allocation statement, the
rights and liabilities of the Port of Melbourne
Corporation under an agreement are
allocated to the Victorian Regional Channels
Authority—
(a) the Victorian Regional Channels
Authority becomes, on the relevant
date, a party to the agreement in place
of the Port of Melbourne Corporation;
and
(b) on and after the relevant date, the
agreement has effect as if the Victorian
Regional Channels Authority had
always been a party to the agreement.
231 Former Port of Melbourne Corporation
instruments—Victorian Regional
Channels Authority
Each former Port of Melbourne Corporation
instrument relating to former Port of
Melbourne Corporation property continues
to have effect according to its tenor on and
s. 21
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Authorised by the Chief Parliamentary Counsel
after the relevant date in relation to that
property as if a reference in the instrument to
the Port of Melbourne Corporation were a
reference to the Victorian Regional Channels
Authority.
232 Proceedings—Victorian Regional
Channels Authority
Unless an allocation statement otherwise
provides, if, immediately before the relevant
date, proceedings relating to former Port of
Melbourne Corporation property (including
arbitration proceedings) to which the Port of
Melbourne Corporation was a party were
pending or existing in any court or tribunal,
then, on and after that date, the Victorian
Regional Channels Authority is substituted
for the Port of Melbourne Corporation as a
party to the proceedings and has the same
rights in the proceedings as the Port of
Melbourne Corporation had.
233 Interests in land—Victorian Regional
Channels Authority
Without limiting this Division and despite
anything to the contrary in any other Act or
law if, immediately before the relevant date,
the Port of Melbourne Corporation is, in
relation to former Port of Melbourne
Corporation property, the registered
proprietor of an interest in land under the
Transfer of Land Act 1958, then on and
after that date—
(a) the Victorian Regional Channels
Authority is to be taken to be the
registered proprietor of that interest in
land; and
s. 21
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Authorised by the Chief Parliamentary Counsel
(b) the Victorian Regional Channels
Authority has the same rights and
remedies in respect of that interest as
the Port of Melbourne Corporation had.
234 Easements—Victorian Regional Channels
Authority
If the Victorian Regional Channels Authority
acquires any right in the nature of an
easement (whether as a result of an
allocation under this Division or otherwise),
that right must be taken to be an easement
even though there is no land vested in the
Victorian Regional Channels Authority
which is benefited or capable of being
benefited by that right.
235 Amendment of Register—Victorian
Regional Channels Authority
(1) The Registrar of Titles, on being requested to
do so and on delivery of any relevant
certificate of title or instrument and
certificate of the chief executive officer of
the Port of Melbourne Corporation of former
Port of Melbourne Corporation property,
must make any amendments in the Register
that are necessary because of the operation of
this Division.
(2) Despite subsection (1), it is not necessary to
produce a certificate of title in the case of a
request for amendment of the Register in
relation to property that is an easement
registered under the Transfer of Land Act
1958.
s. 21
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Authorised by the Chief Parliamentary Counsel
236 Taxes—Victorian Regional Channels
Authority
No stamp duty or other tax is chargeable
under any Act in respect of anything effected
by or done under this Division or in respect
of any act or transaction connected with or
necessary to be done by reason of this
Division, including a transaction entered into
or an instrument made, executed, lodged or
given, for the purpose of, or connected with
the transfer of property, rights or liabilities of
the Port of Melbourne Corporation.
237 Evidence—Victorian Regional Channels
Authority
(1) Documentary or other evidence that would
have been admissible for or against the
interests of the Port of Melbourne
Corporation in relation to former Port of
Melbourne Corporation property if this
Division had not been enacted is admissible
for or against the interests of the Victorian
Regional Channels Authority.
(2) The Evidence Act 2008 applies with respect
to the books of account of the Port of
Melbourne Corporation and to entries made
in those books of account before the relevant
date, whether or not they relate to former
Port of Melbourne Corporation property, as
if those books of account and entries were
business records.
238 Validity of things done under this Division
(1) Nothing effected or to be effected by this
Division or done or suffered under this
Division—
s. 21
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Authorised by the Chief Parliamentary Counsel
(a) is to be regarded as placing any person
in breach of contract or confidence or
as otherwise making any person guilty
of a civil wrong; or
(b) is to be regarded as placing any person
in breach of, or as constituting a default
under, any Act or other law or
obligation or any provision in any
agreement, arrangement or
understanding including, but not
limited to, any provision or obligation
prohibiting, restricting or regulating the
assignment, transfer, sale or disposal of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
condition that allows a person to
exercise a power, right or remedy in
respect of or to terminate any
agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
asset, right or liability; or
(e) is to be regarded as causing any
contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligor
wholly or in part from any obligation.
s. 21
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Authorised by the Chief Parliamentary Counsel
(2) In this section Act does not include the
Charter of Human Rights and
Responsibilities Act 2006.
239 Minister may direct Port of Melbourne
Corporation to lease land to Victorian
Regional Channels Authority
The Minister, after consultation with the
Minister administering Part II of the
Transport (Compliance and
Miscellaneous) Act 1983, may in writing
direct the Port of Melbourne Corporation to
lease any land vested in it to the Victorian
Regional Channels Authority, on the terms
and conditions specified in the direction.
__________________".
__________________
s. 21
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Part 3—Amendment of Port Management Act 1995
Transport Legislation Amendment (Port of Hastings Development Authority)
Act 2011
No. 38 of 2011
37
Authorised by the Chief Parliamentary Counsel
PART 3—AMENDMENT OF PORT MANAGEMENT ACT 1995
22 Definitions
(1) In section 3(1) of the Port Management Act
1995, in paragraph (a) of the definition of channel
operator, omit "or port of Hastings waters".
(2) In section 3(1) of the Port Management Act
1995, in the definition of port corporation, after
"Port of Melbourne Corporation" insert ", Port of
Hastings Development Authority".
(3) In section 3(1) of the Port Management Act
1995, insert the following definition—
"Port of Hastings Development Authority has the
same meaning as in the Transport
Integration Act 2010;".
23 Port operations
(1) In section 17E(1) of the Port Management Act
1995, for "Port of Melbourne Corporation"
substitute "Port of Hastings Development
Authority".
(2) In section 17E(2) of the Port Management Act
1995—
(a) for "Port of Melbourne Corporation"
substitute "Port of Hastings Development
Authority";
(b) in paragraph (c), for "Corporation"
substitute "Port of Hastings Development
Authority".
(3) In section 17E(3) of the Port Management Act
1995, for "Port of Melbourne Corporation"
substitute "Port of Hastings Development
Authority".
s. 22
See:
Act No.
82/1995.
Reprint No. 5
as at
31 July 2009
and
amending
Act Nos
82/1995,
69/2009,
93/2009,
6/2010,
45/2010,
65/2010 and
74/2010.
LawToday:
www.
legislation.
vic.gov.au
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Authorised by the Chief Parliamentary Counsel
24 Definitions—Part 3
In section 45 of the Port Management Act 1995,
in the definition of channel operator, omit
"or port of Hastings waters".
25 General power to make determinations
(1) In section 54(5) of the Port Management Act
1995, omit "or the port of Hastings".
(2) After section 54(5) of the Port Management Act
1995, insert—
"(6) Without limiting subsection (4), the
Commission may, when making a
determination in relation to prescribed
services in the port of Hastings, have regard
to a related service required to meet the Port
of Hastings Development Authority's object
under section 141S of the Transport
Integration Act 2010 including the
following services—
(a) the provision of rail and road
infrastructure within the port that is
necessary for moving cargo to or from
berthing facilities or short term storage
facilities or cargo marshalling facilities;
(b) the provision of land to satisfy safety,
security, planning or environmental
requirements;
(c) the provision of safety, security,
emergency or environmental
management services that are required
by law or to meet the reasonable
expectations that the community has of
the Authority;
s. 24
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Authorised by the Chief Parliamentary Counsel
(d) the provision of strategic planning for
the port;
(e) the facilitation of trade through the
port.".
26 Wharfage fees
(1) For the heading to section 74 of the Port
Management Act 1995, substitute—
"Wharfage fees—Port of Melbourne".
(2) In section 74(1) of the Port Management Act
1995, omit "or the port of Hastings".
27 New section 74A inserted
After section 74 of the Port Management Act
1995, insert—
"74A Wharfage fees—Port of Hastings
(1) Subject to this Part, the Port of Hastings
Development Authority may determine a
wharfage fee in respect of the provision of a
site in the port of Hastings at which
stevedoring operations may be carried out.
(2) Subject to Part 3, a fee determined under
subsection (1) may be calculated by
reference to the quantity, volume, weight or
value of cargo loaded or unloaded at the site.
(3) Subject to this Act, different fees may be
determined under subsection (1) in respect of
a site or a class of site, or cargo or a class of
cargo, or a vessel or a class of vessel or
according to any other factors that the Port of
Hastings Development Authority determines.
(4) A fee determined under subsection (1) is
payable to the Port of Hastings Development
Authority—
s. 26
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Authorised by the Chief Parliamentary Counsel
(a) in the case of cargo unloaded from a
vessel at the site, by the person who,
immediately after it is unloaded, is the
owner of the cargo; and
(b) in the case of cargo loaded onto a
vessel at the site, by the person who,
immediately before it is loaded, is the
owner of the cargo; and
(c) in the case of the loading of an empty
container onto a vessel or the unloading
of an empty container from a vessel at
the site, by the person who is the owner
of the vessel.
(5) If a fee determined under subsection (1), or
any part of such a fee, is not paid by the
person liable under subsection (4)(a) or (b) to
pay it, that person and the person who, at the
time payment is demanded by the Port of
Hastings Development Authority, is the
owner of the cargo are jointly and severally
liable for the payment of the fee.
(6) Nothing in this section affects a fee payable
for services specified in subsection (1) in
accordance with the terms of a contract.".
28 Payment of wharfage and channel fees
(1) In section 78(1) of the Port Management Act
1995 after "Port of Melbourne Corporation,"
(wherever occurring) insert "the Port of Hastings
Development Authority,".
(2) In section 78(2) of the Port Management Act
1995, after "Port of Melbourne Corporation,"
insert "the Port of Hastings Development
Authority,".
s. 28
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Authorised by the Chief Parliamentary Counsel
(3) In section 78(3) of the Port Management Act
1995, after "Port of Melbourne Corporation,"
insert "the Port of Hastings Development
Authority,".
29 Interest on overdue payments
In section 79(1) of the Port Management Act
1995, after "Port of Melbourne Corporation,"
insert "the Port of Hastings Development
Authority,".
30 Security for payment of wharfage and channel fees
(1) In section 80(1) of the Port Management Act
1995, after "Port of Melbourne Corporation,"
insert "the Port of Hastings Development
Authority,".
(2) In section 80(2) of the Port Management Act
1995, after "Port of Melbourne Corporation,"
(wherever occurring) insert "the Port of Hastings
Development Authority,".
(3) In section 80(3) of the Port Management Act
1995, after "Port of Melbourne Corporation,"
insert "the Port of Hastings Development
Authority,".
(4) In section 80(4) of the Port Management Act
1995, after "Port of Melbourne Corporation,"
insert "the Port of Hastings Development
Authority,".
(5) In section 80(5) of the Port Management Act
1995, after "Port of Melbourne Corporation,"
insert "the Port of Hastings Development
Authority,".
31 Waiver or refund of wharfage or channel fees
In section 82 of the Port Management Act 1995,
after "Port of Melbourne Corporation," insert
"the Port of Hastings Development Authority,".
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32 Definitions—Part 5A
In the definition of recommending authority in
section 83 of the Port Management Act 1995—
(a) in paragraph (b), for "means VRCA;"
substitute "means VRCA; or";
(b) after paragraph (b) insert—
"(c) in relation to an area, the declaration of
which as a restricted access area is or
may be recommended by the Port of
Hastings Development Authority,
means the Port of Hastings
Development Authority;".
33 Making a declaration of restricted access area
(1) For section 84(1)(a) of the Port Management Act
1995, substitute—
"(a) that any part of port of Melbourne waters or
port of Melbourne land that is specified in
the declaration (not being more than
12 square kilometres, in area) is an area to
which access is restricted; or".
(2) In section 84(1)(b) of the Port Management Act
1995—
(a) omit "or port of Hastings waters" (where
first occurring);
(b) for subparagraph (ii), substitute—
"(ii) within port of Melbourne waters or port
of Melbourne land—".
(3) After section 84(1) of the Port Management Act
1995, insert—
"(1A) The Minister, on the recommendation of the
Port of Hastings Development Authority
may declare that any part of port of Hastings
land that is specified in the declaration (not
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being more than 12 square kilometres, in
area) is an area to which access is
restricted.".
34 Definitions—Part 6B
In section 91J of the Port Management Act
1995, in the definition of relevant port authority,
for paragraph (a) substitute—
"(a) in the case of the port of Melbourne, the Port
of Melbourne Corporation;
(b) in the case of the port of Hastings, the Port of
Hastings Development Authority;".
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PART 4—CONSEQUENTIAL AMENDMENTS
35 Schedule 1—Borrowing and Investment Powers
Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987, after item 7A insert—
"7B. Port of Hastings
Development Authority
5, 8, 10, 11, 11AA,
11AB, 13, 14, 14A,
15, 20, 20A and 21".
36 Definitions—Marine Act 1988
In section 3(1) of the Marine Act 1988, in the
definition of port management body—
(a) in paragraph (a), omit "or the port of
Hastings";
(b) in paragraph (b), for "Port Services Act
1995" (wherever occurring) substitute
"Port Management Act 1995";
(c) in paragraph (b)(ii), for "operator;"
substitute "operator; and";
(d) after paragraph (b)(ii), insert—
"(iii) port of Hastings waters, the Victorian
Regional Channels Authority, or, if
there is an agreement with a channel
operator in relation to those waters, that
channel operator;".
37 Requirement to engage harbour master—Marine
Act 1988
In section 26A(4) of the Marine Act 1988, for
"Port of Melbourne Corporation" substitute
"Victorian Regional Channels Authority".
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38 Authorisation to act as a harbour master—Marine
Act 1988
In section 26B(1A) of the Marine Act 1988, for
"Port of Melbourne Corporation" substitute
"Victorian Regional Channels Authority".
39 Definitions—Marine Safety Act 2010
(1) In section 3(1) of the Marine Safety Act 2010,
insert the following definitions—
"port of Hastings has the same meaning as in the
Port Management Act 1995;
port of Hastings waters has the same meaning as
in the Port Management Act 1995;".
(2) In section 3(1) of the Marine Safety Act 2010, in
paragraph (a) of the definition of port
management body, omit "or the port of Hastings".
(3) In section 3(1) of the Marine Safety Act 2010,
after paragraph (b)(ii) of the definition of port
management body, insert—
"(iii) port of Hastings waters, the Victorian
Regional Channels Authority, or, if there is
an agreement with a channel operator in
relation to those waters, that channel
operator;".
40 Certain entities must engage harbour masters—
Marine Safety Act 2010
(1) In section 220(1) of the Marine Safety Act 2010,
omit "or port of Hastings waters".
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(2) After section 220(1) of the Marine Safety Act
2010, insert—
"(1A) The Victorian Regional Channels Authority
must ensure that a licensed harbour master is
at all times engaged for port of Hastings
waters.
Penalty: 120 penalty units.".
41 Authorisation to act as assistant harbour master—
Marine Safety Act 2010
(1) In section 229(1) of the Marine Safety Act 2010,
omit "or port of Hastings waters" (wherever
occurring).
(2) In section 229(2) of the Marine Safety Act 2010,
before paragraph (a) insert—
"(aa) port of Hastings; or".
42 Disclosure of information—Road Safety Act 1986
In section 92(3)(cb) of the Road Safety Act 1986,
omit "or the port of Hastings".
43 Definitions—Treasury Corporation of Victoria
Act 1992
In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of public
authority, after "Port of Melbourne Corporation,"
insert "the Port of Hastings Development
Authority,".
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44 Schedule 1—Treasury Corporation of Victoria
Act 1992
In the Table in Schedule 1 to the Treasury
Corporation of Victoria Act 1992, after the entry
relating to the Port of Melbourne Corporation
insert—
"Port of Hastings
Development Authority
Transport Integration
Act 2010".
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Part 5—Repeal of Amending Act
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PART 5—REPEAL OF AMENDING ACT
45 Repeal of amending Act
This Act is repealed on 1 January 2013.
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).
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 1 June 2011
Legislative Council: 16 June 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Transport Integration Act 2010 to establish the Port of Hastings
Development Authority, to amend the Port Management Act 1995, to
make consequential and related amendments to other Acts and for other
purposes."
Endnotes
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