{"id":"ports-management-act-2015","name":"Ports Management Act 2015","slug":"ports-management-act-2015","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30418,"registerId":"nt-ports-management-act-2015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Ports Management Act 2015.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\naccess policy means an access policy approved by the Regulator\nunder section 127.\nacting in an official capacity, in relation to a person, means the\nperson is exercising functions under, or otherwise related to the\nadministration of, this Act.\napproved form means a form approved under section 154.\nAustralian Standard AS 3846-2005 means Australian Standard\nAS 3846-2005 The handling and transport of dangerous cargoes in\nport areas:\n(a) as in force immediately before the commencement of Part 5,\nDivision 4; or\n(b) if the Minister has declared, by Gazette notice, that a\nparticular amendment is to be adopted for this definition – as\nso amended.\ncharging entity, see section 106.\n\nPorts Management Act 2015 2\ncommercial shipping means the carrying of cargo, or transport of\npassengers, by sea to or from a designated port, for reward, on a\nvessel other than:\n(a) a commercial fishing vessel; or\n(b) a fishing charter vessel; or\n(c) a ferry; or\n(d) a vessel prescribed by regulation.\ncommercial vessel means a vessel that is for use in connection\nwith a commercial, governmental or research activity, whether or\nnot it is also used in connection with another activity at the same\nCompetent Authority, see section 3 of the Dangerous Goods\nAct 1998.\ncompliance audit, see section 34(1).\ncompulsory pilotage area means a pilotage area for which\npilotage is compulsory under section 68.\ndangerous goods, see section 7(1) of the Marine Act 1981.\ndesignated port means:\n(a) the Port of Darwin; or\n(b) any other port within the Territory that, under a declaration in\nforce under section 6, is a designated port for this Act.\nDirector, see section 7(1) of the Marine Act 1981.\nentity includes a person and an unincorporated body.\nenvironment, see section 6(1) of the Marine Pollution Act 1999.\nexercise, a function, includes perform a duty.\nfunction includes power, authority and duty.\ninformation direction, see section 15(1).\nlicensed pilot means a person who holds a current pilotage\nlicence.\n\nPorts Management Act 2015 3\nmarine legislation means:\n(a) this Act; or\n(b) the Marine Act 1981; or\n(c) the Marine Pollution Act 1999; or\n(d) subordinate legislation made under an Act mentioned in\nparagraph (a), (b) or (c).\nMarine Safety National Law means the Marine Safety (Domestic\nCommercial Vessel) National Law (Cth) (being provisions applying\nas a law of the Commonwealth because of section 4 of the Marine\nSafety (Domestic Commercial Vessel) National Law Act 2012\n(Cth)).\nmaster, see section 7(1) of the Marine Act 1981.\nmooring buoy means a floating apparatus (other than a vessel)\nthat is in navigable waters and used for securing a vessel.\nnon-commercial vessel means a vessel that is not a commercial\nvessel.\nNorthern Territory waters, see section 7(1) of the Marine\nAct 1981.\nowner, in relation to a vessel, means:\n(a) an owner, joint owner or charterer of the vessel; or\n(b) an agent of the owner, joint owner or charterer; or\n(c) a person registered as the vessel's owner in a register kept\nunder the marine legislation or the Marine Safety National Law\nor other certificate of registry for the vessel.\npilotage area means an area declared under section 65.\npilotage authority, for a pilotage area, means the person who is,\nor is appointed to be, the pilotage authority for the area under\nsection 66.\npilotage exemption certificate means a pilotage exemption\ncertificate issued under Part 8, Division 4.\npilotage licence means a pilotage licence issued under Part 8,\nDivision 4.\n\nPorts Management Act 2015 4\npilotage services contract means a contract entered into under\nsection 86(1).\npilotage services provider, in relation to a pilotage area, means a\nperson appointed by the Minister under section 85(1) to be a\npilotage services provider for the area.\nplace, within a designated port, includes:\n(a) any infrastructure or other thing affixed to land within the port;\nand\n(b) any vehicle or other thing on land within the port; and\n(c) anything on or under the bed or foreshore of a waterway\n(d) anything (other than a vessel) in, or floating on, water within\nthe port that is anchored or otherwise attached to the bed or\nbanks of a waterway within the port.\nport authority, for Part 10, see section 106(1).\nport enforcement officer means a person appointed under\nsection 24 to be a port enforcement officer.\nport facilities, in relation to a designated port, means land,\nbuildings, installations or equipment for:\n(a) berthing, towing, mooring, docking or moving vessels that are\nentering, using or leaving the port; or\n(b) the loading, unloading or transhipment of cargo; or\n(c) the embarking or disembarking of passengers; or\n(d) the lighterage, sorting, weighing, warehousing, storing or\nhandling of cargo.\nport lessee, of a designated port, means an entity that subleases\nor sublicences to the port operator land within the port that has\nbeen leased or licensed to the entity by a public sector entity.\nport management officer means a person appointed under\nsection 22 to be a port management officer.\nport notice, see section 57.\nPort of Darwin means the area of water and land comprised within\nthe boundaries as declared from time to time under section 7 to\nconstitute the Port of Darwin.\n\nPorts Management Act 2015 5\nport operating agreement means an agreement entered into\nunder section 9(1) that describes itself as a port operating\nagreement for this Act.\nport operator, of a designated port, means the entity declared by\nthe Minister under section 8 to be the operator of the port.\nport safety plan, see section 28.\nport user, see section 124(1).\nprescribed services means:\n(a) for a private port operator – the services prescribed by\nregulation; or\n(b) for a private pilotage provider – pilotage services in a pilotage\narea within a designated port.\npreventative action, in relation to a vessel, hull or hulk in a\ndesignated port, means one or more preventative measures.\npreventative measure, in relation to a vessel, hull or hulk in a\ndesignated port, means:\n(a) removing the vessel, hull or hulk from the port; or\n(b) moving the vessel, hull or hulk to a specified place within the\nport; or\n(c) repairing the vessel, hull or hulk and making it safe; or\n(d) destroying the vessel, hull or hulk.\nprivate pilotage provider, see section 118(b).\nprivate port operator, see section 118(a).\npublic sector entity means any of the following:\n(a) the Territory (including the Crown in right of the Territory);\n(b) a minister of the Territory;\n(c) an Agency;\n(d) a Government owned corporation as defined in section 3 of\nthe Government Owned Corporations Act 2001;\n(e) a public authority of the Territory;\n\nPorts Management Act 2015 6\n(f) a person holding or occupying an office established by a law\nof the Territory;\n(g) a transaction company all of the issued shares in which are\nheld by, or on behalf of, a public sector entity mentioned in\nany other paragraph;\n(h) an entity that is wholly owned by an entity that is a public\nsector entity mentioned in any other paragraph.\nregional harbourmaster, in relation to a designated port, means\nthe person appointed to be the regional harbourmaster for the port\nunder section 19(1).\nregistered interest means an interest registered under the\nShipping Registration Act 1981 (Cth) or Personal Property\nSecurities Act 2009 (Cth).\nRegulator, see section 119(3).\nrelated body corporate, see section 9 of the Corporations\nAct 2001.\nrelevant function, for Part 12, see section 138.\nreportable incident means an event of a prescribed kind that\ninvolves:\n(a) actual or potential death of, or injury to, a person; or\n(b) actual or potential loss of, or damage to, property; or\n(c) actual or potential harm to the environment.\nstep-in right, see section 139.\ntransaction company means a body corporate established as a\ntransaction company under section 11 of the Port of Darwin\nAct 2015.\nTribunal means the Civil and Administrative Tribunal.\nvehicle includes rolling stock.\nvessel means:\n(a) generally:\n(i) a vessel as defined in section 8 of the Marine Safety\nNational Law; or\n\nPorts Management Act 2015 7\n(ii) a seaplane; or\n(b) for Part 8 – see section 63.\nwebsite includes a webpage.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"4 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) However, this Act does not make the Crown liable to be prosecuted\nfor an offence.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Criminal Code","content":"5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":4},{"sectionNumber":"Div 1","sectionType":"division","heading":"Declaration of designated ports","content":"Division 1 Declaration of designated ports\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Declaration of designated port","content":"6 Declaration of designated port\nThe Minister may, by Gazette notice, declare a port within the\nTerritory to be a designated port for this Act.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Boundaries of designated port","content":"7 Boundaries of designated port\nThe Minister may, by Gazette notice, declare the boundaries of the\narea of water and land constituting a designated port.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Declaration of port operator","content":"8 Declaration of port operator\n(1) The Minister may, by Gazette notice, declare an entity to be the\noperator of a designated port.\n(2) Only one entity may be the operator of a designated port at any\n\nPorts Management Act 2015 8\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Agreements with port operators or port lessees","content":"9 Agreements with port operators or port lessees\n(1) The Territory or, with the consent of the Minister, any other public\nsector entity may enter into one or more agreements in relation to\nthe operation of a designated port with an entity that is the port\noperator or port lessee of the port.\n(2) An agreement entered into under subsection (1) may:\n(a) deal with a specific subject matter related to the operation of\nthe designated port; and\n(b) contain terms or conditions of any kind; and\n(c) describe itself as a port operating agreement for this Act.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Port operating agreements","content":"10 Port operating agreements\n(1) Without limiting section 9, a port operating agreement for a\ndesignated port may require the port operator or a port lessee to do\nall or any of the following:\n(a) meet specified standards in the performance of functions;\n(b) develop the port, or cause it to be developed, in a specified\nmanner;\n(c) give information of a specified kind to the Minister or an entity\nspecified by the Minister.\n(2) Subsections (3) and (4) apply if:\n(a) a provision of a port operating agreement provides for a\npayment to be made by the port operator or a port lessee or a\ndeduction to be made from the amount of a payment\notherwise payable to the port operator or a port lessee:\n(i) for a failure by the port operator or port lessee to meet a\nperformance standard specified in the agreement; or\n(ii) for conduct engaged in by the port operator or port\nlessee that causes or materially contributes to, or is\nreasonably likely to cause or materially contribute to, a\nsafety incident of a kind specified in the agreement; and\n(b) that provision is described in the port operating agreement as\na civil penalty provision for this Act.\n\nPorts Management Act 2015 9\n(3) A civil penalty provision may fix different amounts of payments or\ndeductions for different classes of failures or in relation to different\nkinds of safety incidents.\n(4) The port operator or a port lessee is liable to pay (as a debt due to\nthe Territory), or ceases to be entitled to be paid, the amount\nprovided for by a civil penalty provision despite anything to the\ncontrary in a law of the Territory.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Revocation of declaration of port operator","content":"11 Revocation of declaration of port operator\n(1) The Minister may revoke the declaration of an entity as a port\noperator of a designated port on the ground that a circumstance set\nout in subsection (2) exists in relation to the entity.\n(2) The circumstances are that:\n(a) the entity has, in the opinion of the Minister, engaged in\nconduct that:\n(i) is in breach of any requirement or duty imposed on the\nentity under a law of the Territory or a port operating\nagreement; and\n(ii) has materially compromised, or is likely to materially\ncompromise, the safety of people, property or the\nenvironment at the designated port; or\n(b) a port operating agreement for the port to which the entity is a\nparty has been terminated or has expired.\n(3) However, for a circumstance mentioned in subsection (2)(a), the\nMinister may only exercise the power conferred by subsection (1) if:\n(a) the Minister has given a written notice to the entity that:\n(i) sets out particulars of the conduct; and\n(ii) requires the entity to give a remedial plan to the Minister\nwithin a reasonable period specified in the notice (not\nbeing less than 21 days); and\n(b) the entity:\n(i) has failed to give a remedial plan within the specified\nperiod; or\n(ii) has given a remedial plan within that period but the\nMinister is not satisfied that the plan is adequate for the\npurpose; or\n\nPorts Management Act 2015 10\n(iii) has given a remedial plan within that period but has\nfailed to comply with the plan with the result that the\ncircumstance mentioned in subsection (2)(a), in the\nopinion of the Minister, continues to exist or exists again.\n(4) For subsection (3), a remedial plan in relation to conduct is a plan\nthat sets out:\n(a) when and how the conduct will cease; and\n(b) to the extent that any breach mentioned in subsection (2)(a)(i)\nis capable of being remedied, when and how it will be\nremedied; and\n(c) the measures that will be implemented by the entity to prevent\nthe conduct occurring in the future.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Functions of port operator","content":"12 Functions of port operator\n(1) The port operator of a designated port has the functions conferred\non the port operator by or under this or any other Act.\n(2) The principal functions of the port operator are:\n(a) to establish, manage, maintain and operate facilities and\nservices in the designated port that promote its safe and\nefficient operation; and\n(b) to facilitate trade utilising the designated port and use its best\nendeavours to increase the volume of that trade.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Dredging or other similar work","content":"13 Dredging or other similar work\n(1) A port operator of a designated port may carry out dredging or other\nwork to deepen, extend, clear or maintain channels or berthing\nplaces within the port.\n(2) The power conferred by subsection (1) is subject to the port\noperator holding any authorisation for the work required under any\nlaw of the Territory or the Commonwealth.\n(3) This section does not affect or derogate from the power of the\nTerritory to carry out dredging or other work mentioned in\nsubsection (1) in any Northern Territory waters, including waters\n\nPorts Management Act 2015 11\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Hydrographic surveys","content":"14 Hydrographic surveys\n(1) A port operator of a designated port may carry out hydrographic\nsurveys within the port.\n(2) The power conferred by subsection (1) is subject to the port\noperator holding any authorisation for carrying out the survey\nrequired under any law of the Territory or the Commonwealth.\n(3) The port operator must give the regional harbourmaster for the\ndesignated port any information derived from a hydrographic survey\nthat is relevant to the function of the regional harbourmaster under\nsection 21.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Power to require information to be given","content":"15 Power to require information to be given\n(1) The port operator of a designated port may, by written direction (an\ninformation direction), require any of the following to give to the\nport operator relevant information that is in their possession or\nunder their control:\n(a) the master of any vessel that is in the port area;\n(b) a shipping agent for goods shipped to, from or within the port\narea;\n(c) a consignor or consignee of goods shipped to, from or within\nthe port area;\n(d) an operator of stevedoring, pilotage or other facilities or\nservices within the port area.\n(2) Information is relevant information if it is information that the port\noperator reasonably requires for any of the following purposes:\n(a) monitoring compliance with port notices;\n(b) determining liability for and the amount of, and facilitating the\ncollection of, charges fixed under section 108;\n(c) compiling statistics that the port operator is authorised or\nrequired to compile, whether by law or a port operating\nagreement;\n(d) monitoring or preventing damage to the environment caused\nby conduct within the port area;\n(e) monitoring, maintaining or improving the safe, secure and\nefficient operation of the port, including the movement,\nhandling and storage of dangerous goods within the port area;\n\nPorts Management Act 2015 12\n(f) coordinating port communications;\n(g) any purpose prescribed by regulation for this paragraph.\n(3) An information direction must allow a reasonable period (not being\nless than 14 days) for compliance with the direction.\n(4) Subsection (3) does not apply to an information direction that is\ngiven in response to an emergency or in order to avert or minimise\nan imminent threat of:\n(a) death, or serious injury, to any person; or\n(b) loss of, or serious damage to, property; or\n(c) material harm to the environment.\n(5) An information direction mentioned in subsection (4) must be\ncomplied with as soon as possible.\nport area, for a designated port, means the area of water and land\nconstituting the port and any wharf adjacent to the waters of the\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Use or disclosure of information collected","content":"16 Use or disclosure of information collected\n(1) A port operator of a designated port is authorised to use and\ndisclose information given to the port operator in compliance with\nan information direction for any purpose for which the port operator\nis authorised to require the information.\n(2) Subsection (1) is subject to any provision made by a port operating\nagreement.\n(3) A port operator must give to the Territory, or to another public\nsector entity notified in writing to the port operator by the Territory\nfor this subsection, any information of a kind mentioned in\nsubsection (1) that is requested by the Territory or that public sector\nentity.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Compliance with information direction","content":"17 Compliance with information direction\n(1) A person commits an offence if the person fails to comply with an\ninformation direction given to the person under section 15(1).\n\nPorts Management Act 2015 13\n(4) It is not a reasonable excuse that compliance with the information\ndirection would breach a duty of confidentiality.\n(5) The provision of information that would otherwise constitute a\nbreach of a duty of confidentiality does not constitute such a breach\nif the information is provided in compliance with an information\ndirection.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Record-keeping and reporting obligations of port operator","content":"18 Record-keeping and reporting obligations of port operator\n(1) The port operator of a designated port must keep, in the prescribed\nmanner, records containing the prescribed particulars of all\nreportable incidents that occur within the port.\n(2) The port operator of a designated port commits an offence if:\n(a) a reportable incident occurs within the port; and\n(b) the port operator fails to keep a record of the incident in\naccordance with subsection (1).\n(3) The port operator of a designated port commits an offence if:\n(a) a reportable incident occurs within the port; and\n(b) the port operator fails to report, in writing, the prescribed\nparticulars of the incident to the regional harbourmaster for the\nport within the prescribed period after it occurs.\n(4) An offence against subsection (2) or (3) is an offence of strict\nsubsection (2) or (3) if the defendant has a reasonable excuse.\n(6) This section does not affect any requirement to keep a record of\nany kind, or report an event of any kind, that a port operator has\nunder any other Act.\n\nPorts Management Act 2015 14\n","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Regional harbourmasters","content":"Part 3 Regional harbourmasters\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Appointment of regional harbourmaster","content":"19 Appointment of regional harbourmaster\n(1) The Minister may appoint a person employed in an Agency to be\nthe regional harbourmaster for a designated port.\n(2) To avoid doubt, a person may be appointed as regional\nharbourmaster for more than one designated port.\n(3) If at any time there is not a regional harbourmaster for a designated\nport, the functions of the regional harbourmaster for that port are\nexercisable by the Director.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Functions of regional harbourmaster","content":"20 Functions of regional harbourmaster\nA regional harbourmaster has, in relation to any designated port for\nwhich the regional harbourmaster is appointed, the functions\nconferred on a regional harbourmaster under this Act or any other\nlaw of the Territory.\n","sortOrder":21},{"sectionNumber":"20A","sectionType":"section","heading":"Delegation","content":"20A Delegation\nThe regional harbourmaster for a designated port may, in writing,\ndelegate any of the regional harbourmaster's powers and functions\nunder this Act to a person employed in an Agency.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Promulgation of depths and under keel clearances","content":"21 Promulgation of depths and under keel clearances\n(1) The regional harbourmaster for a designated port may publish\ninformation about the depths and configurations of, and the under\nkeel clearance required to be maintained by vessels in, channels,\nberthing pockets and other areas within the designated port.\n(2) The regional harbourmaster must ensure that the port operator of\nthe designated port is given written notice of any information\npublished under subsection (1) as soon as practicable after it is\npublished.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Appointment of port management officer","content":"22 Appointment of port management officer\n(1) The port operator of a designated port may appoint a person\nemployed by the operator to be a port management officer for the\n\nPorts Management Act 2015 15\n(2) A port operator may only appoint as a port management officer a\nperson whom the operator is satisfied has appropriate skills and\nknowledge to exercise the functions of such an officer.\n(3) A port management officer may resign by signed notice of\nresignation given to the port operator.\n(4) A port operator of a designated port must ensure that at least one\nperson holds office as a port management officer for the port at any\n(5) A port operator of a designated port must give the regional\nharbourmaster for the port written notice of the name of any person\nwho becomes, or ceases to be, a port management officer for the\n(6) A notice under subsection (5) must be given immediately after the\nevent mentioned in that subsection occurs.\n(7) Despite subsection (1), in prescribed circumstances the port\noperator of a designated port may appoint a person employed or\nengaged by an entity specified in the regulations to be a port\nmanagement officer for the port.\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Functions of port management officer","content":"23 Functions of port management officer\n(1) A port management officer may perform any function conferred on\na port operator under Part 5, Division 2.\n(2) A port management officer has any other functions conferred on\nsuch an officer by this or any other Act.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Appointment of port enforcement officer","content":"24 Appointment of port enforcement officer\n(1) The port operator of a designated port may appoint a person\nemployed by the operator to be a port enforcement officer for the\n(2) A port operator may only appoint as a port enforcement officer a\nperson whom the operator is satisfied has appropriate skills and\nknowledge to exercise the functions of such an officer.\n(3) A port enforcement officer may resign by signed notice of\nresignation given to the port operator.\n\nPorts Management Act 2015 16\n(4) A port operator of a designated port must give the regional\nharbourmaster for the port written notice of the name of any person\nwho becomes, or ceases to be, a port enforcement officer for the\n(5) A notice under subsection (4) must be given immediately after the\nevent mentioned in that subsection occurs.\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Functions of port enforcement officer","content":"25 Functions of port enforcement officer\n(1) A port enforcement officer may perform any function conferred on a\nport operator under Part 7 for the purpose of enforcing compliance\nwith a port notice.\n(2) A port enforcement officer has any other functions conferred on\nsuch an officer by a port notice or by this or any other Act.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Identity card","content":"26 Identity card\n(1) A port operator of a designated port must give each port\nmanagement officer and port enforcement officer appointed by the\noperator an identity card stating the person's name and that the\nperson is such an officer for the port.\n(2) The identity card must:\n(a) show a recent photograph of the port management officer or\nport enforcement officer; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Return of identity card","content":"27 Return of identity card\n(1) A person who ceases to be a port management officer or port\nenforcement officer must return the person's identity card to the port\noperator within 21 days after the cessation.\nMaximum penalty: 20 penalty units.\n\nPorts Management Act 2015 17\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Nature of port safety plan","content":"28 Nature of port safety plan\n(1) A port safety plan, for a designated port, is a plan that:\n(a) identifies the nature and extent of the safety hazards and risks\nassociated with the operation of the port that are reasonably\nlikely to cause death or serious injury to any person or loss of,\nor serious damage to, property; and\n(b) assesses the likely impact of those hazards and risks on the\nport and the surrounding area; and\n(c) specifies the measures and strategies to be implemented to\neliminate or reduce those hazards or risks; and\n(d) describes the system that the port operator has in place for\nimplementing those measures and strategies, including the\nissue and enforcement of any port notices; and\n(e) sets out the processes proposed to involve tenants, licensees\nand service providers in the port with the implementation of\nthe plan by the port operator; and\n(f) sets out the procedures proposed for implementing, reviewing\nand revising the plan; and\n(g) is approved by the regional harbourmaster for the port under\nsection 31(1).\n(2) A port safety plan:\n(a) must be prepared in accordance with any guidelines issued\nunder section 32; and\n(b) may consist of more than one document.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Annual preparation of draft port safety plan","content":"29 Annual preparation of draft port safety plan\n(1) The port operator of a designated port must, no later than 1 month\nbefore each anniversary of its declaration as port operator, prepare\na draft port safety plan for the port and submit it for approval to the\nregional harbourmaster for the port.\n\nPorts Management Act 2015 18\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Direction to prepare new or amended port safety plan","content":"30 Direction to prepare new or amended port safety plan\n(1) The regional harbourmaster for a designated port may at any time,\nby written notice given to the port operator of the port, direct the\n(a) to prepare a new draft port safety plan for the port, or amend\nthe port safety plan for the port, as directed by the regional\nharbourmaster; and\n(b) to submit the draft, or amended, port safety plan for approval\nto the regional harbourmaster within the period specified in the\n(2) The port operator of a designated port commits an offence if the\nport operator fails to comply with a direction given under\nsubsection (1).\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Role of regional harbourmaster on receiving port safety plan","content":"31 Role of regional harbourmaster on receiving port safety plan\n(1) Within 60 days after receiving a draft, or amended, port safety plan\nunder section 29(1) or 30(1), the regional harbourmaster for the\ndesignated port must:\n(a) approve the plan by written notice given to the port operator;\nor\n(b) return the plan to the port operator for amendment as directed\nby the regional harbourmaster.\n(2) The port operator must, within 30 days after receiving a returned\ndraft, or amended, port safety plan under subsection (1)(b),\nresubmit the plan as directed to the regional harbourmaster for\napproval under subsection (1).\n(3) If the regional harbourmaster fails to act in accordance with\nsubsection (1) within the period of 60 days mentioned in that\nsubsection, the draft or amended port safety plan is taken to have\nbeen approved by the regional harbourmaster on the expiration of\nthat period.\n\nPorts Management Act 2015 19\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Guidelines","content":"32 Guidelines\n(1) The regional harbourmaster for a designated port may issue\nguidelines about the following matters in relation to port safety\nplans for the port:\n(a) their form;\n(b) their content;\n(c) the method and process for preparing them;\n(d) the processes to involve tenants, licensees and service\nproviders in the port with the implementation of the plan by the\nport operator;\n(e) the processes for consultation with persons affected by them;\n(f) the form and content of reports relating to them under\nsection 36;\n(g) the date by which a report relating to them must be prepared.\n(2) As soon as practicable after issuing guidelines, the regional\nharbourmaster must:\n(a) publish the guidelines on the Internet and in any other way\ndecided by the harbourmaster; and\n(b) publish a notice in the Gazette stating the following:\n(i) that the guidelines have been made;\n(ii) the date on which the guidelines take effect, which may\nbe the day on which the notice is published or any later\ndate;\n(iii) the place where copies of the guidelines can be\nobtained.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Obligations of port operator","content":"33 Obligations of port operator\n(1) Subject to subsection (2), a port operator of a designated port must\nimplement the port safety plan for the port.\n(2) The regional harbourmaster for a designated port may, by written\nnotice, exempt the port operator from the requirement to implement\nany part of the port safety plan for the port for a specified period or\nin specified circumstances.\n\nPorts Management Act 2015 20\nsubsection (1) if the defendant took reasonable steps to implement\nthe port safety plan as required by this section.\n(4) The port operator of a designated port must ensure that copies of\nthe port safety plan for the port are made available for inspection\nduring normal business hours by any person at the principal place\nof business of the port operator in the Territory.\nMaximum penalty: 20 penalty units.\n(5) An offence against subsection (1) or (4) is an offence of strict\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Compliance audit","content":"34 Compliance audit\n(1) A compliance audit of the port operator of a designated port is an\naudit of the port operator's activities, operations and premises to\ndetermine whether the port operator is complying with the whole or\nany part of the port safety plan for the port.\n(2) The regional harbourmaster for a designated port may approve a\nperson to conduct a compliance audit of the port operator, at the\nport operator's expense.\n(3) The regional harbourmaster must be satisfied the person has the\nappropriate qualifications or experience in safety assessment or\nsafety management to conduct the compliance audit.\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Requirement for compliance audit to be conducted","content":"35 Requirement for compliance audit to be conducted\n(1) The regional harbourmaster for a designated port may, by written\nnotice given to the port operator, direct the port operator to ensure\nthat a compliance audit of the port operator is conducted within the\nperiod (not being less than 6 months) specified in the notice.\n(2) Unless specified otherwise in the notice, the compliance audit must\ndetermine whether the port operator is complying with the whole of\nthe port safety plan for the designated port.\n(3) The port operator of a designated port commits an offence if:\n(a) the port operator has been given a direction under\nsubsection (1); and\n(b) the port operator fails to comply with the direction.\n\nPorts Management Act 2015 21\n(6) The port operator of a designated port commits an offence if:\n(a) a compliance audit to determine whether the port operator is\ncomplying with the whole of the port safety plan for the port is\nnot conducted for 3 years; and\n(b) the port operator fails to ensure that such an audit is\nconducted within 6 months after the end of that period.\n(7) Strict liability applies to subsection (6)(b).\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Reporting","content":"36 Reporting\n(1) A port operator of a designated port, in relation to whom a\ncompliance audit has been conducted, must ensure that the auditor\nreports, in writing, to the regional harbourmaster (with a copy given\nat the same time to the port operator) the outcomes of the\ncompliance audit and the auditor's recommendations (if any) about:\n(a) any changes required to the operations of the port to comply\nwith the plan; and\n(b) any suggested amendments to the plan to make it provide\nadequately for the matters required by section 28(1) or comply\nwith any guidelines issued under section 32.\n(2) The port operator of a designated port must make a quarterly report\nto the regional harbourmaster for the port on any material instance\nof non-compliance during that quarter with the port safety plan for\nthe port.\n(3) A report under subsection (2) must be prepared in accordance with\nany guidelines issued under section 32.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Exercise of powers under this Division","content":"37 Exercise of powers under this Division\nA power conferred on the port operator of a designated port by this\nDivision may only be exercised on its behalf by a port management\nofficer for the port and not directly by the port operator.\nNote for section 37\n\nPorts Management Act 2015 22\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Directions by port operator","content":"38 Directions by port operator\n(1) The port operator of a designated port may, by written notice\npublished on the port operator's website or given to the owner,\nmaster or occupier of a vessel, give directions for regulating any of\nthe following:\n(a) the time at which, and the manner (including the taking on\nboard of a licensed pilot) in which, a vessel must enter into,\ndepart from or lie in the port;\n(b) the manner and position in which, and the times at which,\nwithin the port:\n(i) cargo may be loaded on or unloaded from a vessel; or\n(ii) ballast, water or fuel may be taken in or delivered from a\nvessel; or\n(iii) passengers may embark or disembark a vessel.\n(1A) In addition, the port operator of a designated port may give\ndirections for regulating the positioning, mooring, unmooring,\nplacing or anchoring of a vessel and the removing of a vessel from\none place to another within the port:\n(a) by written notice published on the port operator's website; or\n(b) by written notice given to the owner, master or occupier of the\nvessel; or\n(c) if there is an immediate threat to the vessel, or the vessel\nposes an immediate danger to another vessel, a person,\nproperty or the environment – orally to a person apparently in\ncontrol of the vessel.\n(1B) A direction published on the port operator's website under\nsubsection (1) or (1A):\n(a) must be addressed to the owner, master or occupier of the\nvessel to which the direction relates but, if the port operator\ndoes not know the name of the owner, master or occupier,\nmay be addressed without specifying a name; and\n(b) is taken to have been given to the person to whom it is\naddressed.\n\nPorts Management Act 2015 23\n(2) A person to whom a direction is given under subsection (1) or (1A)\ncommits an offence if the person fails to comply with the direction.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Removal etc. of vessel by port operator","content":"39 Removal etc. of vessel by port operator\n(1) If a direction given under section 38(1A) is not complied with, the\nport operator of the designated port may cause the vessel to be\npositioned, moored, unmoored, placed, anchored or removed as\ndirected.\n(2) Subsection (1) applies irrespective of whether a person has been\ncharged with, or found guilty of, an offence against section 38(2).\n(3) The port operator may also cause a vessel to be positioned,\nmoored, unmoored, placed, anchored or removed as the port\noperator thinks fit if there is no person on board the vessel to whom\na direction may be given under section 38(1A).\n(4) The owner, master and occupier of the vessel are jointly and\nseverally liable to pay all costs incurred by the port operator under\nsubsection (1) or (3).\n(5) Any such amount is additional to any penalty imposed for an\noffence against section 38(2).\n(6) An amount that an owner, master or occupier is liable to pay under\nsubsection (4) for costs may be recovered as a debt due and\npayable to the port operator.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Power to board vessel","content":"40 Power to board vessel\n(1) The owner, master or occupier of a vessel within a designated port\nmust, at the request of a port management officer for the port,\npermit the officer to do any of the following for the purpose of\ninvestigating whether the vessel, or the business for which it is\nbeing used, is being operated lawfully:\n(a) board the vessel;\n(b) inspect the vessel, its cargo and any other goods or things on\nthe vessel;\n\nPorts Management Act 2015 24\n(c) do anything else on the vessel in connection with the\ninvestigation.\n(2) Before a port management officer boards a vessel under\nsubsection (1), the officer must produce his or her identity card to\nthe owner, master or occupier to whom the request under that\nsubsection is made.\n(3) A port management officer may board a vessel and do any other\nthing mentioned in subsection (1) if there is no-one on board to\nwhom a request may be made under that subsection.\n(4) The owner, master and occupier of the vessel are jointly and\nseverally liable to pay all costs incurred under subsection (3).\n(5) An amount that a person is liable to pay under subsection (4) may\nbe recovered as a debt due and payable to the port operator.\n","sortOrder":42},{"sectionNumber":"40A","sectionType":"section","heading":"Port operator's directions: removal of vessel or wreck in","content":"40A Port operator's directions: removal of vessel or wreck in\nemergency\n(a) a vessel, the hull of a vessel or a hulk if:\n(i) there is an immediate threat to it; or\n(ii) it is in such a condition that it is an immediate threat or\ndanger to persons or the environment;\n(b) a commercial vessel or the hull of a vessel, or a hulk, that was\na commercial vessel if it is in such a condition that it is an\nimmediate threat or danger to any vessel or property within\nthe port;\n(c) a vessel if it is in such a condition that it is an immediate threat\nor danger to vessels or other property connected with\ncommercial shipping in the port;\n(d) a commercial vessel if the manner or means by which it is\nsecured while at anchor or moored gives rise to an immediate\nthreat or danger to:\n(ii) vessels or other property connected with commercial\nshipping in the port; or\n\nPorts Management Act 2015 25\n(2) The port operator of the designated port must give an oral direction\nto a person apparently in control of the vessel, hull or hulk to\nremove the vessel, hull or hulk from the designated port.\n(3) A person to whom a direction is given under subsection (2) commits\nan offence if the person fails to comply with the direction.\n(6) If a person to whom a direction is given under subsection (2) fails to\ncomply with it:\n(a) the port operator may cause the vessel, hull or hulk to be\nremoved from the designated port or moved to another place\n(b) the person is liable to pay all costs incurred by the port\noperator under paragraph (a).\n(7) Subsection (6) applies irrespective of whether the person has been\ncharged with, or found guilty of, an offence against subsection (3),\nand an amount payable under subsection (6) is additional to any\npenalty imposed for an offence against subsection (3).\n(8) If there is no person on board the vessel, hull or hulk to whom a\ndirection may be given under subsection (2):\n(a) the port operator may cause the vessel, hull or hulk to be\nremoved from the designated port or moved to another place\n(b) the owner, master and occupier of the vessel, hull or hulk are,\njointly and severally liable to pay all costs incurred by the port\noperator under paragraph (a).\n(9) If the port operator takes action under subsection (8)(a), the\noperator must:\n(a) publish on the operator's website written notice of the action\ntaken; and\n\nPorts Management Act 2015 26\n(b) if the name and address of the owner, master and occupier of\nthe vessel, hull or hulk are known – give written notice of the\naction taken to the owner, master and occupier.\n(10) An amount that a person is liable to pay under subsection (6) or (8)\nfor costs may be recovered as a debt due and payable to the port\n","sortOrder":43},{"sectionNumber":"40B","sectionType":"section","heading":"Regional harbourmaster's directions: removal of vessel or","content":"40B Regional harbourmaster's directions: removal of vessel or\nwreck in emergency\n(a) a vessel, the hull of a vessel or a hulk if:\n(i) there is an immediate threat to it; or\n(ii) it is in such a condition that it is an immediate threat or\ndanger to persons or the environment;\n(b) a non-commercial vessel or the hull of a vessel, or a hulk, that\nwas a non-commercial vessel if it is in such a condition that it\nis an immediate threat or danger to any vessel or property\nwithin the port;\n(c) a vessel if it is in such a condition that it is an immediate threat\nor danger to vessels or other property within the port not\nconnected with commercial shipping in the port;\n(d) a non-commercial vessel if the manner or means by which it is\nsecured while at anchor or moored gives rise to an immediate\nthreat or danger to:\n(ii) vessels or other property within the port not connected\nwith commercial shipping in the port; or\n(2) The regional harbourmaster for the designated port may give an\noral direction to a person apparently in control of the vessel, hull or\nhulk to remove the vessel, hull or hulk from the designated port.\n(3) A person to whom a direction is given under subsection (2) commits\nan offence if the person fails to comply with the direction.\n\nPorts Management Act 2015 27\n(6) If a person to whom a direction is given under subsection (2) fails to\ncomply with it:\n(a) the regional harbourmaster may cause the vessel, hull or hulk\nto be removed from the designated port or moved to another\nplace within the port; and\n(b) the person is liable to pay all costs incurred by the regional\nharbourmaster under paragraph (a).\n(7) Subsection (6) applies irrespective of whether the person has been\ncharged with, or found guilty of, an offence against subsection (3),\nand an amount payable under subsection (6) is additional to any\npenalty imposed for an offence against subsection (3).\n(8) If there is no person on board a vessel, hull or hulk to whom a\ndirection may be given under subsection (2):\n(a) the regional harbourmaster may cause the vessel, hull or hulk\nto be removed from the designated port or moved to another\nplace within the port; and\n(b) the owner, master and occupier of the vessel, hull or hulk are\njointly and severally liable to pay all costs incurred by the\nregional harbourmaster under paragraph (a).\n(9) If the regional harbourmaster takes action under subsection (8)(a),\nthe harbourmaster must:\n(a) publish on the harbourmaster's website written notice of the\naction taken; and\n(b) if the name and address of the owner, master and occupier of\nthe vessel, hull or hulk are known – give written notice of the\naction taken to the owner, master and occupier.\n(10) An amount that a person is liable to pay under subsection (6) or (8)\nfor costs may be recovered as a debt due and payable to the\nTerritory.\n\nPorts Management Act 2015 28\n","sortOrder":44},{"sectionNumber":"40C","sectionType":"section","heading":"Direction to pay prior costs and remove vessel, hull or hulk","content":"40C Direction to pay prior costs and remove vessel, hull or hulk\n(1) The port operator, or regional harbourmaster, of a designated port\nmay give a direction to take action specified under subsection (2) if:\n(a) a direction was made under section 40A or 40B in relation to a\nvessel, hull or hulk; and\n(b) in the case of the port operator – action was taken under\nsection 40A(6)(a) or (8)(a); and\n(c) in the case of the regional harbourmaster – action was taken\nunder section 40B(6)(a) or (8)(a).\n(2) The direction may require the following actions:\n(a) payment of the reasonable costs associated with the prior\naction taken under section 40A(6)(a) or (8)(a) or 40B(6)(a)\nor (8)(a);\n(b) removal of the vessel, hull or hulk to a place outside the port\nor a specified place inside the port.\n(3) The direction must include the following:\n(a) the day by which the direction must be complied with;\n(b) a warning that action may be taken under subsection (5) and\nthat the owner, master and occupier of the vessel, hull or hulk\nmay be liable to pay the reasonable costs of that action.\n(4) The direction must:\n(a) be given orally to any person apparently in control of the\nvessel, hull or hulk; and\n(b) be given, in writing, to the owner, master and occupier of the\nvessel, hull or hulk, if known; and\n(c) be published on the website of the port operator or regional\nharbourmaster, as the case may be.\n(5) If the direction is not complied with by the day specified in the\ndirection, the port operator or regional harbourmaster may:\n(a) move the vessel, hull or hulk to a place outside the port or a\nspecified place inside the port; or\n(b) sell the vessel, hull or hulk; or\n\nPorts Management Act 2015 29\n(c) dispose of, other than by sale, or destroy the vessel, hull or\nhulk if:\n(i) if it is unseaworthy; and\nof its storage and sale, exceeds its value.\n(6) Before selling, disposing or destroying the vessel, hull or hulk,\nwritten notice must be given to the following persons of the\nproposed sale, disposal or destruction 28 days in advance:\n(a) the owner, master and occupier of the vessel, hull or hulk, if\nknown;\n(b) any person with a registered interest in the vessel, hull or hulk;\n(c) any other person with an interest in the vessel, hull or hulk, if\nknown.\n(7) The notice under subsection (6) must also be:\n(a) published on the website of the port operator or regional\nharbourmaster, as the case may be; and\n(b) affixed in a prominent position on the deck of the vessel, hull\n(8) The owner, master and occupier of the vessel, hull or hulk are,\njointly and severally liable to pay all reasonable costs incurred by\nthe port operator or regional harbourmaster for taking any action\nunder subsection (5).\n(9) The reasonable costs that a person is liable to pay under\nsubsection (8) may be recovered as a debt due and payable to:\n(a) the port operator; or\n(b) in the case of action by regional harbourmaster – the Territory.\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Port operator's directions: vessels and wrecks likely to","content":"41 Port operator's directions: vessels and wrecks likely to\nendanger or obstruct commercial vessels etc.\n(a) a commercial vessel or the hull of a vessel, or a hulk, that was\na commercial vessel that is in such a condition that it is likely\nto cause damage to, endanger or obstruct the passage of,\nnavigation of or use of the port by, any vessel;\n\nPorts Management Act 2015 30\n(b) any other vessel, hull or hulk that is in such a condition that it\npassage of, navigation of or use of the port by, a commercial\nvessel.\n(2) The port operator of a designated port must, by written notice,\ndirect the owner, master or occupier of a vessel, hull or hulk that, in\nthe port operator's opinion, is one to which this section applies to:\n(b) if the port operator decides (or, under subsection (3), is\n(3) However, the port operator must not direct a person to take\npreventative action that includes destroying a vessel, hull or hulk\nunless the direction allows the person to select, and take,\nport operator may, at the owner, master or occupier's cost, do one\nor more of the following with the vessel, hull or hulk:\n\nPorts Management Act 2015 31\nthat the port operator, in writing, allows.\nspecified in it or any longer time that the port operator, in writing,\nallows.\n(9) The port operator may do one or more of the following in relation to\nthe vessel, hull or hulk that is the subject of the direction:\nboard, in any manner the port operator thinks fit;\n(10) However, the port operator must not destroy a vessel, hull or hulk,\nor authorise a person to do so, unless:\n(a) in the opinion of the port operator:\n\nPorts Management Act 2015 32\n(ii) the port operator has given the owner and each person\nwho has a registered interest in, or who the operator\nknows has an interest in, the vessel, hull or hulk 28 days\nprior written notice of the operator's intention to do so.\n(11) In addition, the port operator must not sell or otherwise dispose of a\nvessel, hull or hulk, or authorise a person to do so, unless:\nafter it has been secured by the port operator; and\n(b) the port operator has given the owner and each person who\nhas a registered interest in, or who the operator knows has an\ninterest in, the vessel, hull or hulk 28 days prior written notice\nof the port operator's intention to do so; and\n(12) For subsection (2), if the port operator does not know the name or\naddress of the owner, master or occupier of the vessel, hull or hulk,\na direction is taken to have been given to the person if a notice of\nthe direction addressed to the owner, master or occupier, without\nspecifying a name, is:\nor\n(b) published on the port operator's website; or\n\nPorts Management Act 2015 33\n(a) if the port operator does not know the name or address of the\nowner of the vessel, hull or hulk – the notice is taken to have\nbeen given to the owner if it is addressed to the owner, without\nspecifying a name, and is published:\n(ii) on the port operator's website; and\nTerritory or on the port operator's website.\ndescription that the port operator thinks fit.\nincurred under this section by the port operator or a person\nauthorised under subsection (9).\nNote for section 41\n\nPorts Management Act 2015 34\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Port operator's directions: vessels and wrecks that endanger","content":"42 Port operator's directions: vessels and wrecks that endanger\ncommercial shipping etc.\n(1) This section applies to a vessel, hull or hulk, within a designated\nport that, because of the condition of the vessel, hull or hulk or the\nmanner or means by which it is secured while at anchor or moored,\nis a threat or danger to:\n(a) persons; or\n(b) vessels or other property connected with commercial shipping\nin the port; or\n(c) the environment.\n(2) The port operator of a designated port may, by written notice, direct\nthe owner, master or occupier of a vessel, hull or hulk that, in the\nport operator's opinion, is one to which this section applies to:\n(b) if the port operator decides (or, under subsection (3), is\n(3) However, the port operator must not direct a person to take\npreventative action that includes destroying a vessel, hull or hulk\nunless the direction allows the person to select, and take,\nport operator may, at the owner, master or occupier's cost, do one\nor more of the following with the vessel, hull or hulk:\n\nPorts Management Act 2015 35\nthat the port operator, in writing, allows.\nspecified in it or any longer time that the port operator, in writing,\nallows.\n(9) The port operator may do one or more of the following in relation to\nthe vessel, hull or hulk that is the subject of the direction:\nboard, in any manner the port operator thinks fit;\n(10) However, the port operator must not destroy a vessel, hull or hulk,\nor authorise a person to do so, unless:\n(a) in the opinion of the port operator:\n\nPorts Management Act 2015 36\n(ii) the port operator has given the owner and each person\nwho has a registered interest in, or who the operator\nknows has an interest in, the vessel, hull or hulk 28 days\nprior written notice of the port operator's intention to do\nso.\n(11) In addition, the port operator must not sell or otherwise dispose of a\nvessel, hull or hulk, or authorise a person to do so, unless:\nafter it has been secured by the port operator; and\n(b) the port operator has given the owner and each person who\nhas a registered interest in, or who the operator knows has an\ninterest in, the vessel, hull or hulk 28 days prior written notice\nof the port operator's intention to do so; and\n(12) For subsection (2), if the port operator does not know the name or\naddress of the owner, master or occupier of the vessel, hull or hulk,\na direction is taken to be given to the person if a notice of the\ndirection addressed to the owner, master or occupier, without\nspecifying a name, is:\nor\n(b) published on the port operator's website; or\n\nPorts Management Act 2015 37\n(a) if the port operator does not know the name or address of the\nowner of the vessel, hull or hulk – the notice is taken to have\nbeen given to the owner if it is addressed to the owner, without\nspecifying a name, and is published:\n(ii) on the port operator's website; and\nTerritory or on the port operator's website.\ndescription that the port operator thinks fit.\nincurred under this section by the port operator or a person\nauthorised under subsection (9).\nNote for section 42\n\nPorts Management Act 2015 38\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Regional harbourmaster's directions: vessels and wrecks","content":"43 Regional harbourmaster's directions: vessels and wrecks\nlikely to endanger or obstruct non-commercial vessels etc.\n(a) a non-commercial vessel or the hull of a vessel, or a hulk, that\nwas a non-commercial vessel that is in such a condition that it\npassage of, navigation of or use of the port by, any vessel;\n(b) any other vessel, hull or hulk that is in such a condition that it\npassage of, navigation of or use of the port by, a\nnon-commercial vessel;\n(c) a vessel, hull or hulk that, because of its condition or the\nmanner or means by which it is secured while at anchor or\nmoored, is a threat or danger to:\n(ii) vessels or other property within the port not connected\nwith commercial shipping in the port; or\n(2) The regional harbourmaster for a designated port may, by written\nnotice, direct the owner, master or occupier of a vessel, hull or hulk\nthat, in the harbourmaster's opinion, is one to which this section\napplies to:\n(b) if the harbourmaster decides (or, under subsection (3), is\n(3) However, the regional harbourmaster must not direct a person to\ntake preventative action that includes destroying a vessel, hull or\nhulk unless the direction allows the person to select, and take,\n\nPorts Management Act 2015 39\nregional harbourmaster may, at the owner, master or occupier's\ncost, do one or more of the following with the vessel, hull or hulk:\nthat the regional harbourmaster, in writing, allows.\nspecified in it or any longer time that the regional harbourmaster, in\nwriting, allows.\n(9) The regional harbourmaster may do one or more of the following in\nrelation to the vessel, hull or hulk that is the subject of the direction:\n\nPorts Management Act 2015 40\nboard, in any manner the regional harbourmaster thinks fit;\n(10) However, the regional harbourmaster must not destroy a vessel,\nhull or hulk, or authorise a person to do so, unless:\n(a) in the opinion of the regional harbourmaster:\n(ii) the regional harbourmaster has given the owner and\neach person who has a registered interest in, or who the\nregional harbourmaster knows has an interest in, the\nvessel, hull or hulk 28 days prior written notice of the\nregional harbourmaster's intention to do so.\n(11) In addition, the regional harbourmaster must not sell or otherwise\ndispose of a vessel, hull or hulk, or authorise a person to do so,\nunless:\nafter it has been secured by the harbourmaster; and\n(b) the regional harbourmaster has given the owner and each\nperson who has a registered interest in, or who the regional\nharbourmaster knows has an interest in, the vessel, hull or\nhulk 28 days prior written notice of the regional\nharbourmaster's intention to do so; and\n\nPorts Management Act 2015 41\nregional harbourmaster:\n(12) For subsection (2), if the regional harbourmaster does not know the\nname or address of the owner, master or occupier of the vessel,\nhull or hulk, a direction is taken to have been given to the person if\na notice of the direction addressed to the owner, master or\noccupier, without specifying a name, is:\nor\n(b) published on the regional harbourmaster's website; or\n(a) if the regional harbourmaster does not know the name or\naddress of the owner of the vessel, hull or hulk – the notice is\ntaken to have been given to the owner if it is addressed to the\nowner, without specifying a name, and is published:\n(ii) on the regional harbourmaster's website; and\nTerritory or on the regional harbourmaster's website.\ndescription that the regional harbourmaster thinks fit.\n\nPorts Management Act 2015 42\nincurred under this section by the regional harbourmaster or a\nperson authorised under subsection (9).\ncosts may be recovered as a debt due and payable to the Territory.\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Sale of vessel or wreck by port operator","content":"44 Sale of vessel or wreck by port operator\nfittings or equipment from on board a vessel, hull or hulk, (the\nproperty) is sold by a port operator under section 40C, 41 or 42.\n(2) The purchaser of the property holds title to the property free of any\ninterest existing in it before the sale.\n(3) The proceeds of the sale must be paid as follows:\n(a) first – in payment of the costs of the sale;\n(b) second – in payment of the costs incurred by the port operator\nfor the removal or storage of, or repairs to, the property;\n(c) third – in payment of the costs incurred by the port operator for\ngiving notice to a person about the proposed sale;\n(d) fourth – to the Accountable Officer for payment into the\nAccountable Officer's Trust Account.\n(4) Within 14 days after selling the property, the port operator must\nprepare a record of the following particulars:\n(a) a description of the property;\n(b) the date and means of giving notice of intention to sell the\n(c) the name and address of any person to whom the notice was\ngiven;\n(d) the date of sale;\n\nPorts Management Act 2015 43\n(e) the name and address of the purchaser;\n(f) the sale price;\n(g) the amount retained by the port operator to cover the costs\nmentioned in subsection (3)(a), (b) and (c);\n(h) if the property was sold by public auction – the name and\naddress of the principal place of business of the auctioneer\nwho sold the property;\n(i) if applicable – the amount of the balance of the proceeds of\nsale paid to the Accountable Officer and the date of payment.\n(5) The port operator must:\n(a) retain the record required under subsection (4) for 3 years\nfrom the date of sale; and\n(b) make the record available on request by any of the following:\n(i) the owner of the property;\n(ii) any other person claiming to have an interest in the\n(iii) the Commissioner of Police;\n(iv) an authorised officer as defined in section 4(1) of the\nConsumer Affairs and Fair Trading Act 1990;\n(v) the Accountable Officer.\n(6) Within 28 days after the sale, the port operator must:\n(a) make the payment mentioned in subsection (3)(d); and\n(b) give the Accountable Officer a copy of the record required\nunder subsection (4).\n(7) The port operator commits an offence if the port operator fails to\ncomply with a requirement under subsection (4), (5) or (6).\n(8) An offence against subsection (7) is an offence of strict liability.\n\nPorts Management Act 2015 44\n(9) If satisfied a person had an interest in the property before the sale,\nthe Accountable Officer must pay to that person out of the\nAccountable Officer's Trust Account:\n(a) an amount equivalent to that person's interest in the property;\nor\n(b) if the person's interest in the property expressed as a\nmonetary amount exceeds the balance of the proceeds of\nsale – the balance of the proceeds of sale.\n(10) A person claiming an interest in the property under subsection (9)\nmust apply to the Accountable Officer within 3 years after the sale.\n(11) The Accountable Officer is not liable to make any further payment\nfor the property if the balance of the proceeds of sale of the\nproperty has been paid under subsection (9)(b).\n(12) Subsection (11) does not prevent a person making a claim against\nthe person to whom the Accountable Officer has paid the balance\nof the proceeds of sale.\n(13) Proceeds from the sale of the property that have remained\nunclaimed for 3 years must be paid into the Central Holding\n(14) In this section:\nAccountable Officer means the Accountable Officer, as defined in\nsection 3(1) of the Financial Management Act 1995, for the Agency.\nAccountable Officer's Trust Account, see section 3(1) of the\nFinancial Management Act 1995.\n","sortOrder":49},{"sectionNumber":"44A","sectionType":"section","heading":"Sale of vessel or wreck by regional harbourmaster","content":"44A Sale of vessel or wreck by regional harbourmaster\nfittings or equipment from on board a vessel, hull or hulk, (the\nproperty) is sold by a regional harbourmaster under section 40C or\n43.\n(2) The purchaser of the property holds title to the property free of any\ninterest existing in it before the sale.\n(3) The proceeds of the sale must be paid as follows:\n(a) first – in payment of the costs of the sale;\n\nPorts Management Act 2015 45\n(b) second – in payment of the costs incurred by the regional\nharbourmaster for the removal or storage of, or repairs to, the\n(c) third – in payment of the costs incurred by the regional\nharbourmaster for giving notice to a person about the\nproposed sale;\n(d) fourth – in payment of the amount owing to the following:\n(i) the holder of a registered interest in the property;\n(ii) the holder of a known unregistered interest in the\n(e) fifth – to the owner of the property.\n(4) If the regional harbourmaster is unable to locate the owner after\nmaking reasonable attempts to do so, the amount payable to the\nowner under subsection (3)(e) must be paid to the Central Holding\n","sortOrder":50},{"sectionNumber":"44B","sectionType":"section","heading":"Other disposal of vessel or wreck","content":"44B Other disposal of vessel or wreck\nfittings or equipment from on board a vessel, hull or hulk, is\ndisposed of to a person, otherwise than by sale, under this Division.\n(2) The person holds title to the vessel, hull, hulk, fittings or equipment\nfree of any interest existing in it before the disposal.\n","sortOrder":51},{"sectionNumber":"44C","sectionType":"section","heading":"Acquisition on just terms","content":"44C Acquisition on just terms\n(1) If the operation of this Division would, apart from this section, result\nin an acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive the compensation necessary\nto ensure the acquisition is on just terms from:\n(i) if the acquisition arises from the exercise of a power or\nfunction by a port operator – the port operator; or\n(ii) if the acquisition arises from the exercise of a power or\nfunction by a regional harbourmaster – the Territory; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n\nPorts Management Act 2015 46\n(2) Subsection (3) applies if:\n(a) a court has decided an amount of compensation is payable;\nand\n(b) under subsection (1)(a)(i), a port operator is required to pay\nthe compensation; and\n(c) the port operator fails to do so within a reasonable time.\n(3) The Territory must pay the compensation and the port operator is\nliable to pay the Territory the amount of compensation paid by the\nTerritory together with all costs incurred by the Territory in\nconsequence of the port operator's failure.\n(4) An amount that a port operator is liable to pay under subsection (3)\nmay be recovered as a debt due and payable to the Territory.\n","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Advance notification of entry of vessels","content":"45 Advance notification of entry of vessels\n(1) The port operator of a designated port commits an offence if:\n(a) the port operator receives advance notification of the entry into\nthe port of a vessel carrying dangerous goods in accordance\nwith one of the following:\n(i) Australian Standard AS 3846-2005;\n(ii) any other Australian or International Standard generally\napplicable to the storage, handling or transport of\ndangerous goods in ports that is prescribed for this\nparagraph;\n(iii) a requirement of the port operator; and\n(b) the port operator fails to give a copy of the notification to the\nregional harbourmaster for the port immediately after receiving\nit.\n\nPorts Management Act 2015 47\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Requirements relating to vessel carrying dangerous goods","content":"46 Requirements relating to vessel carrying dangerous goods\n(1) This section applies if a vessel requiring entry into a designated\nport has dangerous goods on board as cargo.\n(2) The port operator of the designated port may require the owner of\nthe vessel, in respect of the whole of any loss or damage that may\noccur from the loading, unloading, handling or storage of the cargo\nin the port:\n(a) to give to the port operator such security by way of bond,\nindemnity, guarantee or otherwise, or any combination of\nthose methods, as the port operator determines; or\n(b) to have or obtain a policy of insurance of a kind approved by\nthe port operator for this section.\n(3) The port operator may refuse or restrict entry into the port of a\nvessel, or refuse or restrict the loading, unloading, handling or\nstorage of cargo on, from or in a vessel, in respect of which the\nowner has refused or failed to give a security or have a policy of\ninsurance as required under subsection (2).\n","sortOrder":54},{"sectionNumber":"47","sectionType":"section","heading":"Handling and transport of dangerous goods","content":"47 Handling and transport of dangerous goods\n(1) Australian Standard AS 3846-2005 applies to, and in respect of, the\nhandling and transport of dangerous goods within a designated\n(2) For subsection (1), Australian Standard AS 3846-2005 applies as if:\n(a) dangerous cargoes were defined by that Standard as having\nthe same meaning as dangerous goods in this Act; and\n(b) the whole of the area of a designated port were a port area as\ndefined by that Standard.\n(3) Regulations may provide that, instead of Australian Standard\nAS 3846-2005, another Australian Standard, or an International\nStandard, generally applicable to the handling and transport of\ndangerous goods in ports applies in relation to the handling and\ntransport of dangerous goods within a designated port with any\nprescribed modifications.\n(4) A person commits an offence if:\n(a) the person engages in conduct within a designated port in\nrelation to the handling or transport of dangerous goods; and\n\nPorts Management Act 2015 48\n(b) the conduct contravenes Australian Standard AS 3846-2005\nor another Standard that applies under subsection (3).\n(5) A prosecution cannot be instituted in respect of an offence against\nsubsection (4) without the written consent of the Competent\n","sortOrder":55},{"sectionNumber":"48","sectionType":"section","heading":"Forfeiture of dangerous goods","content":"48 Forfeiture of dangerous goods\n(1) This section applies if a person is found guilty by a court of an\noffence against section 47(4).\n(2) The court may order the dangerous goods in respect of which the\noffence was committed:\n(a) to be forfeited to the Territory; or\n(b) to be destroyed.\n(3) The court may order the forfeiture or destruction of the dangerous\ngoods despite:\n(a) them not belonging to the person found guilty; or\n(b) their owner having no knowledge of the proceeding.\n(4) The Competent Authority may recover from the person found guilty,\nas a debt due and payable to the Territory, the costs incurred by it\nin relation to the forfeiture or destruction of the dangerous goods.\n","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Application of Dangerous Goods Act 1998","content":"49 Application of Dangerous Goods Act 1998\nFor the application of the Dangerous Goods Act 1998 to water and\nland constituting a designated port:\n(a) any reference in that Act to a vehicle is taken to include a\nvessel; and\n(b) any reference in that Act to a load on a vehicle is taken, in\nrelation to a vessel, to be a reference to cargo; and\n(c) Parts 4 and 5 of that Act have effect as if dangerous goods\nwithin the meaning of those Parts had the same meaning as in\nthis Act.\n\nPorts Management Act 2015 49\n","sortOrder":57},{"sectionNumber":"50","sectionType":"section","heading":"Power of port operator to close waters","content":"50 Power of port operator to close waters\n(1) Subject to the regulations, the port operator of a designated port\nmay, by notice published in accordance with subsection (1A), close,\nfor a period specified in the notice, all or part of the waters of the\nport:\n(a) to all persons and vessels; or\n(b) to specified classes of persons and vessels.\n(1A) The notice must be published on the port operator's website or in\nthe manner that, in the opinion of the port operator, is most likely to\nbring it to the attention of persons who may be affected by it.\n(2) If a notice is published under subsection (1), the waters described\nin the notice are, for the period specified in the notice, closed\nwaters to all persons and vessels or to the classes of persons and\nvessels specified in the notice, as the case requires.\n(3) A person commits an offence if the person is in closed waters\ncontrary to a notice published under subsection (1).\n(4) The master of a vessel commits an offence if the vessel is in closed\nwaters contrary to a notice published under subsection (1).\n(5) An offence against subsection (3) or (4) is an offence of strict\nsubsection (3) or (4) if the defendant has a reasonable excuse.\n(6A) Subsections (3) and (4) do not apply to a police officer if:\n(a) the officer is acting in the course of the officer's duties and\ntaking reasonable care; and\n(b) it is reasonable for the officer to enter the closed waters.\n\nPorts Management Act 2015 50\n(7) The port operator, a port management officer or a police officer may\ndirect a person apparently in control of a vessel that is in closed\nwaters contrary to a notice published under subsection (1) to\nremove the vessel from the closed waters.\nNote for section 50\n(8) A person commits an offence if:\n(a) the person is directed to remove a vessel from closed waters\nunder subsection (7); and\n(b) the person fails to comply with the direction.\n(9) An offence against subsection (8) is an offence of strict liability.\n(10) It is a defence to a prosecution for an offence against\nsubsection (8) if the defendant has a reasonable excuse.\n","sortOrder":58},{"sectionNumber":"51","sectionType":"section","heading":"Power of regional harbourmaster to close waters","content":"51 Power of regional harbourmaster to close waters\n(1) Subject to the regulations, the regional harbourmaster for a\ndesignated port may, by notice published in accordance with\nsubsection (1A), close, for a period specified in the notice, all or\npart of the waters of the port:\n(a) to all persons and vessels; or\n(b) to specified classes of persons and vessels.\n(1A) The notice must be published on the regional harbourmaster's\nwebsite or in the manner that, in the opinion of the regional\nharbourmaster, is most likely to bring it to the attention of persons\nwho may be affected by it.\n(2) However, the regional harbourmaster for a designated port may\nonly exercise the power given by subsection (1) if:\n(a) the harbourmaster:\n(i) is satisfied that the closure would not have, and could\nnot reasonably be expected to have, an adverse impact\non commercial shipping; and\n(ii) has given the port operator of the port written notice of\nits intention to do so; or\n\nPorts Management Act 2015 51\n(b) the closure is for 30 days or less and the port operator of the\nport consents to the closure.\n(3) If a notice is published under subsection (1), the waters described\nin the notice are, for the period specified in the notice, closed\nwaters to all persons and vessels or to the classes of persons and\nvessels specified in the notice, as the case requires.\n(4) A person commits an offence if the person is in closed waters\ncontrary to a notice published under subsection (1).\n(5) The master of a vessel commits an offence if the vessel is in closed\nwaters contrary to a notice published under subsection (1).\n(6) An offence against subsection (4) or (5) is an offence of strict\nsubsection (4) or (5) if the defendant has a reasonable excuse.\n(7A) Subsections (4) and (5) do not apply to a police officer if:\n(a) the officer is acting in the course of the officer's duties and\ntaking reasonable care; and\n(b) it is reasonable for the officer to enter the closed waters.\n(8) The regional harbourmaster, a police officer or a person authorised\nby the regional harbourmaster may direct a person apparently in\ncontrol of a vessel that is in closed waters contrary to a notice\npublished under subsection (1) to remove the vessel from the\nclosed waters.\n(9) A person commits an offence if:\n(a) the person is directed to remove a vessel from closed waters\nunder subsection (8); and\n(b) the person fails to comply with the direction.\n(10) An offence against subsection (9) is an offence of strict liability.\n(11) It is a defence to a prosecution for an offence against\nsubsection (9) if the defendant has a reasonable excuse.\n\nPorts Management Act 2015 52\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"Removal etc. of vessel for failure to comply with direction","content":"52 Removal etc. of vessel for failure to comply with direction\n(1) This section applies if the person apparently in control of a vessel\nfails to comply with a direction given under section 50(7) or 51(8),\nirrespective of whether that person has been charged with, or found\nguilty of, an offence against section 50(3) or (8) or 51(4) or (9), as\nthe case requires.\n(2) The port operator of the designated port or regional harbourmaster\nfor the port may cause the vessel to be removed to a place outside\nthe closed waters.\n(3) The person who failed to comply with the direction is liable to pay\nall costs incurred by the port operator or regional harbourmaster\nunder subsection (2).\n(4) Any such amount is additional to any penalty imposed for an\noffence against section 50(3) or (8) or 51(4) or (9).\n(5) An amount that a person is liable to pay under subsection (3) for\noperator, for costs incurred by the port operator, or to the Territory,\nfor costs incurred by the regional harbourmaster.\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Erection of structures and dredging","content":"53 Erection of structures and dredging\n(1) A person must not, without the prior written approval of the regional\nharbourmaster for a designated port or otherwise than in\naccordance with the terms of any such approval, in or on waters\nwithin the designated port:\n(a) erect, or cause to be erected, below the highwater mark any\njetty, wharf, pontoon (whether or not attached to the shore),\nmooring or structure, whether temporary or permanent; or\n(b) moor, anchor or otherwise fasten a floating structure or\nmooring buoy to the sea floor, a lake or riverbed or the shore;\nor\n(c) undertake dredging or any other activity that would cause a\nsignificant alteration of the bathymetry of the port.\n\nPorts Management Act 2015 53\n(4) The regional harbourmaster must not withhold an approval under\nsubsection (1), or impose a condition on such an approval, except\non reasonable grounds set out in a written notice given to the\nperson seeking to do the thing mentioned in subsection (1).\n(5) A notice under subsection (4) must specify that the person has a\nright to have the decision to withhold approval, or to impose a\ncondition on the approval, reviewed by the Tribunal.\n(6) Subsection (1) does not apply in relation to dredging in a\ndesignated port undertaken by the port operator of the port in\naccordance with an agreement made under section 9(1).\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Application for grant or renewal of licence","content":"54 Application for grant or renewal of licence\n(1) A person may apply to the Minister for a licence, or for the renewal\nof a licence, to carry on a business of a stevedore within a\ndesignated port.\n(2) An application under subsection (1) must be:\n(a) in the approved form; and\n(b) accompanied by the prescribed fee.\n(3) The Minister must consider an application made under\nsubsection (1) and may grant or renew, or refuse to grant or renew,\nthe licence.\n(4) A licence granted or renewed by the Minister is subject to any\nconditions, including as to its duration, that the Minister thinks fit\nand endorses on the licence.\n(5) In considering an application under subsection (1), the Minister\nmust have regard to:\n(a) whether the applicant has, or is likely to have, adequate\naccess to land at the designated port to carry on the business\nof a stevedore in the port; and\n(b) whether the applicant is a suitable person to hold, or to\ncontinue to hold, the licence; and\n(c) the applicant's experience, skill and ability to provide services\nin relation to the business of a stevedore in a port; and\n\nPorts Management Act 2015 54\n(d) whether the grant or renewal would lessen effective\ncompetition in upstream or downstream markets, either within\nor outside the designated port; and\n(e) the standard of the applicant's equipment; and\n(f) any other matter relating to ensuring the safety of anyone\nconnected with the provision of the services.\n(6) In considering whether an applicant is a suitable person to hold, or\nto continue to hold, a licence, the Minister must have regard to the\nfollowing matters:\n(a) whether the applicant has ever been:\nthe Commonwealth, a State or another Territory that is\npunishable by imprisonment for more than 12 months; or\n(b) whether in the 10 years before making the application, the\napplicant has been:\nthe Commonwealth, a State or another Territory; or\n(c) whether the applicant has been a director of, or involved in the\nmanagement of, a body corporate that was wound up in the\n2 years before making the application or is in the process of\nbeing wound up;\n(d) whether the applicant has ever:\n(i) become bankrupt; or\n(ii) applied to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounded with creditors or made an assignment of\nthe applicant's remuneration for their benefit;\n(e) whether the applicant is a body corporate that is under\nadministration, is in the process of being wound up or has\nexecuted a deed of company arrangement that is in force.\n\nPorts Management Act 2015 55\n(7) The Minister must not grant or renew a licence, or refuse to grant or\nrenew a licence, to carry on a business of a stevedore within a\ndesignated port without first consulting the port operator of the port.\n(8) The Minister must, as soon as practicable after deciding an\napplication under subsection (1), give written notice of the decision\nto the applicant and to the port operator of the designated port,\nspecifying:\n(b) for a decision to refuse the application – that the applicant has\na right to have the decision reviewed by the Tribunal.\n","sortOrder":62},{"sectionNumber":"55","sectionType":"section","heading":"Suspension or cancellation of licence","content":"55 Suspension or cancellation of licence\n(1) If the holder of a licence under this Part contravenes a condition of\nthe licence, the Minister may, after consulting with the port operator\nof the relevant designated port:\n(a) suspend the licence for a specified period; or\n(b) cancel the licence.\n(2) If the Minister decides to suspend or cancel a licence under\nsubsection (1), the Minister must give written notice of the decision\nto the licence holder and the port operator:\n(a) specifying the reasons for the decision; and\n(b) specifying that the licence holder has a right to have the\ndecision reviewed by the Tribunal; and\n(c) if the licence is to be cancelled – requiring the licence holder\nto surrender the licence document to the Minister within the\nperiod specified in the notice.\nlicence holder includes former licence holder.\n","sortOrder":63},{"sectionNumber":"56","sectionType":"section","heading":"Penalty for carrying on business etc. while unlicensed","content":"56 Penalty for carrying on business etc. while unlicensed\n(a) the person carries on a business of a stevedore; and\n(b) the business is carried on within a designated port; and\n\nPorts Management Act 2015 56\n(c) the person does not hold a licence under this Part authorising\nthe person to do so.\n(2) In any proceedings for an offence against subsection (1), an\naverment by the prosecutor in a complaint or information that a\nspecified person did not hold a licence under this Part at the time\nwhen the offence was committed is evidence of the fact so averred.\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Port operator may issue port notice","content":"57 Port operator may issue port notice\n(1) The port operator of a designated port may, by a notice issued\nunder this section (a port notice), control activities or conduct\nwithin the port for the purpose of maintaining or improving its safe,\nsecure or efficient operation.\n(2) Without limiting the activities or conduct that it may control, a port\nnotice may:\n(a) control the entry of persons to the designated port, or any part\nof it, and their behaviour while within the port; or\n(b) control the movement, stopping or parking of vehicles within\nthe port; or\n(c) control the movement or mooring of vessels within the port; or\n(d) control activities on or by vessels within the port; or\n(e) control the movement, handling or storage of goods loaded,\nwaiting to be loaded or unloaded on or from vessels within the\n(3) If there is an inconsistency between a provision of a port notice and\na provision of any other law of the Territory, the provision of the\nother law prevails to the extent of the inconsistency.\n","sortOrder":65},{"sectionNumber":"58","sectionType":"section","heading":"How port notice may be issued","content":"58 How port notice may be issued\n(1) A port notice may be issued in any of the following ways:\n(a) by being displayed in a prominent position within the port;\n(b) by being published on the port operator's website;\n(c) by being given to the person or persons to whom it applies.\n\nPorts Management Act 2015 57\n(2) The port operator of a designated port must, not less than 14 days\nbefore issuing or revoking a port notice, give the regional\nharbourmaster written notice of the proposed issue or revocation.\n(3) Subsection (2) does not apply if the port notice is issued or\nrevoked:\n(b) in order to avert or minimise an imminent threat of:\n(i) death, or serious injury, to any person; or\n(ii) loss of, or serious damage to, property; or\n(iii) material harm to the environment.\n(4) If subsection (2) does not apply, the port operator must give the\nregional harbourmaster written notice of the issue or revocation of a\nport notice within 3 days after that event.\n","sortOrder":66},{"sectionNumber":"59","sectionType":"section","heading":"Enforcement of port notice","content":"59 Enforcement of port notice\n(1) A port operator of a designated port may enforce compliance with a\nport notice issued by it in any of the following ways:\n(a) by directing any person who is contravening the notice to\nleave the designated port;\n(b) by removing from the port, or moving within the port, any\nvehicle that is stopped or parked in contravention of the\nnotice;\n(c) by removing from the port, or moving within the port, anything\nplaced or located in contravention of the notice;\n(d) by carrying out any work at the port that a person has failed to\ncarry out in contravention of the notice or that is reasonably\nrequired to be carried out to remedy a contravention of the\n(1A) A police officer may enforce compliance with a port notice that was\nissued to control activities or conduct on the water within a\ndesignated port by:\n(a) directing any person who is contravening the notice to leave\nthe port; or\n(b) removing from the port, or moving within the port, anything\nplaced or located in contravention of the notice.\n\nPorts Management Act 2015 58\n(2) The power to remove or move a vehicle or other thing from or within\nthe port includes the power to place the vehicle or other thing in\nsecure storage pending its return to its owner.\n(3) Before a port enforcement officer exercises, in relation to any\nindividual, a power to enforce compliance with a port notice, the\nofficer must produce his or her identity card to that individual.\n(4) A port operator of a designated port is entitled to recover as a debt\ndue and payable to the operator the reasonable costs incurred by\nthe operator in enforcing compliance with a port notice.\n(5) The costs are recoverable from the person whose contravention of\nthe port notice resulted in them being incurred.\n(6) A certificate issued by the port operator certifying as to the\nreasonable costs incurred in enforcing compliance with a port\nnotice is evidence of the matters certified.\n","sortOrder":67},{"sectionNumber":"60","sectionType":"section","heading":"Advance notice of proposed work","content":"60 Advance notice of proposed work\n(1) A port operator of a designated port is not authorised by\nsection 59(1)(d) to enforce compliance with a port notice by\ncarrying out work that a person has failed to carry out unless the\nport operator has notified the person of the proposed work in\naccordance with subsection (2).\n(2) Notice of proposed work under section 59(1)(d) must:\n(a) be given no less than 7 days before the work commences;\nand\n(b) be given in writing; and\n(c) give details of the alleged contravention concerned.\n(3) Notice is not required to be given in accordance with subsection (2)\nif the work is necessary:\n(b) in order to avert or minimise an imminent threat of:\n(i) death, or serious injury, to any person; or\n(ii) loss of, or serious damage to, property; or\n(iii) material harm to the environment.\n\nPorts Management Act 2015 59\n","sortOrder":68},{"sectionNumber":"61","sectionType":"section","heading":"Power of entry","content":"61 Power of entry\nA port operator of a designated port may, on giving reasonable\nnotice to the occupier, enter any land or premises at the port for the\npurpose of:\n(a) finding out whether a port notice is being complied with; or\n(b) doing anything that the port operator is authorised to do to\nenforce compliance with a port notice.\n","sortOrder":69},{"sectionNumber":"62","sectionType":"section","heading":"Monitoring of port notices","content":"62 Monitoring of port notices\n(1AA) A police officer who, under section 59(1A), enforces compliance\nwith a port notice within a designated port must, as soon as\npracticable after doing so, give the port operator of the port details\nof:\n(a) the contravention of the port notice; and\n(b) the action taken by the officer to enforce compliance with the\nport notice.\n(1) A port operator of a designated port must, within 3 months after\neach 6 month period ending on 30 June or 31 December in a year,\ngive the regional harbourmaster for the port details of such of the\nfollowing matters (reportable matters) as occurred during the\n6 month period:\n(a) a contravention of a port notice issued by the port operator of\nwhich the port operator is aware;\n(b) any exercise by the port operator of the power under\nsection 61 to enter land or premises;\n(c) any action taken to enforce compliance with a port notice\nissued by the port operator.\n(2) A port operator must also give details of reportable matters to the\nregional harbourmaster as and when directed to do so by the\nregional harbourmaster by written notice given to the port operator.\n(3) A notice under subsection (2) must allow not less than 21 days for\ncompliance with the direction.\n(4) Information required to be given by or under this section must be\ngiven in any manner and form that the regional harbourmaster may\nfrom time to time direct by written notice given to the port operator.\n\nPorts Management Act 2015 60\n(5) The regional harbourmaster may from time to time publish reports\nand statements, based on information given to him or her under this\nsection about reportable matters, subject to the following\nrequirements:\n(a) the report or statement must not include information that\nidentifies a person (or is likely to lead to the identification of a\nperson) as a person who has contravened a port notice;\n(b) the regional harbourmaster must give the relevant port\noperator a copy of the proposed report or statement at least\n14 days before it is published.\n(6) No liability (including liability in defamation) is incurred by a person\nfor publishing in good faith a report or statement under this section\nor a fair report or summary of such a report or statement.\n","sortOrder":70},{"sectionNumber":"63","sectionType":"section","heading":"Definition","content":"63 Definition\nvessel includes an off-shore industry mobile unit as defined in\nsection 7(1) of the Marine Act 1981, but does not include:\n(a) a vessel propelled by oars; or\n(b) an air-cushioned vehicle as defined in section 7(1) of the\nMarine Act 1981; or\n(c) in relation to a particular pilotage area – a vessel or a class of\nvessel that is prescribed by regulation as an exempt vessel for\nthat area.\n","sortOrder":71},{"sectionNumber":"64","sectionType":"section","heading":"Pilotage authority may declare exempt vessels","content":"64 Pilotage authority may declare exempt vessels\nThe pilotage authority for a pilotage area may, by Gazette notice,\ndeclare a vessel or a class of vessel to be an exempt vessel for the\npilotage area or part of the pilotage area, subject to any conditions\nthe pilotage authority thinks fit.\n\nPorts Management Act 2015 61\n","sortOrder":72},{"sectionNumber":"65","sectionType":"section","heading":"Pilotage areas","content":"65 Pilotage areas\nThe Minister may, by Gazette notice, declare an area of Northern\nTerritory waters to be a pilotage area.\n","sortOrder":73},{"sectionNumber":"66","sectionType":"section","heading":"Pilotage authorities","content":"66 Pilotage authorities\n(1) The regional harbourmaster is the pilotage authority for any pilotage\narea within a designated port for which he or she is the regional\nharbourmaster.\n(2) The Minister may, by Gazette notice, appoint a person to be the\npilotage authority for any other pilotage area.\n","sortOrder":74},{"sectionNumber":"67","sectionType":"section","heading":"Technical and safety standards","content":"67 Technical and safety standards\n(1) The pilotage authority for a pilotage area must, by written notice,\nmake technical and safety standards for pilotage, and the provision\nof pilotage services, in that area.\n(2) In making technical and safety standards the pilotage authority\nmust have regard to:\n(a) any Marine Order made under the Navigation Act 2012 (Cth)\nand order made under the Protection of the Sea (Prevention of\nPollution from Ships) Act 1983 (Cth); and\n(b) any other relevant law of the Territory or the Commonwealth.\n(3) As soon as practicable after making technical and safety standards,\nthe pilotage authority must:\n(a) publish a notice in the Gazette stating the following:\n(i) that the standards have been made;\n(ii) the date on which the standards take effect, which may\nbe the day on which the notice is published or any later\ndate;\n(iii) the place where copies of the standards can be\nobtained; and\n(b) publish the standards on the Internet and in any other way\ndecided by the pilotage authority; and\n\nPorts Management Act 2015 62\n(c) give a copy of the standards to:\n(i) the port operator of any designated port within which the\npilotage area is situated; and\n(ii) any pilotage services provider for the pilotage area.\n(5) A person must not contravene a standard made under\nsubsection (1) when conducting pilotage, or providing pilotage\nservices, in the pilotage area to which the standard applies.\n(6) An offence against subsection (5) is an offence of strict liability.\nsubsection (5) if the defendant has a reasonable excuse.\nNote for Division 3\n","sortOrder":75},{"sectionNumber":"68","sectionType":"section","heading":"Compulsory pilotage","content":"68 Compulsory pilotage\n(1) Pilotage is compulsory for every pilotage area within a designated\n(2) A pilotage authority for any other pilotage area may declare that\npilotage is compulsory for the whole or a specified part of that area.\n(3) A declaration must be published:\n(a) if the pilotage authority is a public sector entity – in the\nGazette; or\n(b) otherwise – in a newspaper circulating generally in the\nTerritory.\n(4) A declaration takes effect on the date it is published in the Gazette\nor in a newspaper, as required under subsection (3), or any later\ndate specified in the declaration.\n(5) A pilotage authority that makes a declaration that is published in\naccordance with subsection (3)(b) must give a copy of the\ndeclaration to the Director within 3 days after its publication.\n\nPorts Management Act 2015 63\n","sortOrder":76},{"sectionNumber":"69","sectionType":"section","heading":"Special pilotage requirements","content":"69 Special pilotage requirements\n(1) This section applies only in relation to:\n(a) a pilotage area, or a part of a pilotage area, for which pilotage\nis not compulsory; or\n(b) a vessel, including a vessel that but for paragraph (c) of the\ndefinition vessel in section 63 would be a vessel for this Part,\nentering, plying or moving in or leaving a pilotage area, or a\npart of a pilotage area, for which pilotage is compulsory.\n(2) A pilotage authority for a pilotage area (or the port operator of a\ndesignated port within which a pilotage area is situated) may\nrequire the master of a vessel to have on board a licensed pilot if of\nthe opinion that there would be a special risk or danger arising from\nthe vessel entering, plying or moving in or leaving that area.\n(3) In forming the opinion, the pilotage authority or port operator must\nhave regard to:\n(a) the condition of the vessel and its equipment; and\n(b) the nature and condition of any cargo carried on the vessel;\nand\n(c) whether or not there is a nuclear power source on the vessel;\nand\n(d) the circumstances of, and the conditions within, the particular\npilotage area.\n(4) The master of a vessel commits an offence if:\n(a) the master engages in conduct; and\n(b) the conduct contravenes a requirement under subsection (2).\n","sortOrder":77},{"sectionNumber":"70","sectionType":"section","heading":"Failure to take pilot on board","content":"70 Failure to take pilot on board\nExcept as provided by section 73, the master of a vessel commits\nan offence if:\n(a) the master allows the vessel to enter, ply or move in or leave\nan area; and\n(b) the area is a compulsory pilotage area; and\n\nPorts Management Act 2015 64\n(c) there is not a licensed pilot on board.\n","sortOrder":78},{"sectionNumber":"71","sectionType":"section","heading":"Procedure on entering compulsory pilotage area","content":"71 Procedure on entering compulsory pilotage area\n(1) Except as provided by section 73, the master of a vessel, before\nthe vessel enters a compulsory pilotage area, must:\n(a) present the vessel at a boarding ground for the area; and\n(b) receive on board a licensed pilot; and\n(c) receive on board any persons and equipment required by the\npilot; and\n(d) if the pilot is to conduct pilotage as part of pilotage services\nprovided by a pilotage services provider – receive on board\nany persons and equipment as required by the provider; and\n(e) provide any reasonable assistance required by the pilot or a\nperson mentioned in paragraph (c) or (d); and\n(f) give pilotage charge of the vessel to the pilot.\n(2) The master of a vessel commits an offence if:\n(a) the master engages in conduct; and\n(b) the conduct contravenes a requirement of subsection (1).\n","sortOrder":79},{"sectionNumber":"72","sectionType":"section","heading":"Duty of licensed pilot","content":"72 Duty of licensed pilot\nSubject to the authority of the master of a vessel, the duty of a\nlicensed pilot is to pilot the vessel.\n","sortOrder":80},{"sectionNumber":"73","sectionType":"section","heading":"Pilotage not required in certain cases","content":"73 Pilotage not required in certain cases\n(1AA) Sections 70 and 71 do not apply to a vessel if:\n(a) the vessel is a vessel, or of a class of vessel, declared to be\nexempt under section 64 and the conditions of the exemption,\nif any, are satisfied; or\n(b) the master of the vessel holds a pilotage exemption certificate\nand the conditions of the certificate, if any, are satisfied.\n(1) In addition, sections 70 and 71 do not apply to a vessel if, in the\nopinion of the relevant entity, it is necessary, having regard to the\n\nPorts Management Act 2015 65\nsafety of the vessel or of a person on board the vessel, for the\nvessel to be immediately brought into, moved within or taken out of\na compulsory pilotage area.\n(1A) As soon as practicable after a vessel is brought into, moved within\nor taken out of a compulsory pilotage area within a designated port\nunder subsection (1), the relevant entity must give notice to:\n(a) if the relevant entity is the pilotage authority for the\ncompulsory pilotage area – the port operator of the designated\nport; or\n(b) if the relevant entity is the port operator of the designated\nport – the pilotage authority for the compulsory pilotage area.\n(2) In this section:\nrelevant entity means the pilotage authority for the compulsory\npilotage area or the port operator of any designated port within\nwhich the compulsory pilotage area is situated.\n","sortOrder":81},{"sectionNumber":"74","sectionType":"section","heading":"Owner's liability","content":"74 Owner's liability\nIf a master of a vessel is found guilty of an offence against\nsection 70 or 71, the owner of the vessel is taken to be guilty of the\nsame offence and is liable to the same penalty.\n","sortOrder":82},{"sectionNumber":"Div 4","sectionType":"division","heading":"Pilotage licences and pilotage exemption","content":"Division 4 Pilotage licences and pilotage exemption\ncertificates\n","sortOrder":83},{"sectionNumber":"75","sectionType":"section","heading":"Application for pilotage licence or exemption certificate","content":"75 Application for pilotage licence or exemption certificate\n(1) A person may apply in writing to a pilotage authority for a pilotage\nlicence or pilotage exemption certificate in respect of a pilotage\narea for which it is the pilotage authority.\n(2) An application for renewal of a pilotage licence or pilotage\nexemption certificate may be made in the same manner as the\noriginal application was made.\n","sortOrder":84},{"sectionNumber":"76","sectionType":"section","heading":"Issue and renewal of pilotage licence or exemption certificate","content":"76 Issue and renewal of pilotage licence or exemption certificate\n(1) A pilotage authority may issue or renew a pilotage licence or\npilotage exemption certificate in respect of a pilotage area for which\nit is the pilotage authority on an application under section 75 if:\n(a) for a pilotage area within a designated port – the port operator\nof the port is satisfied of the matters prescribed by regulation;\nor\n\nPorts Management Act 2015 66\n(b) otherwise – the pilotage authority is satisfied of those matters.\n(2) The pilotage authority may, when issuing or renewing a pilotage\nlicence, specify that the licence is subject to one or more of the\nfollowing conditions:\n(a) a condition that the licence applies only to specified vessels\n(including, for example, vessels of a specified size or kind);\n(b) a condition specifying that the licence only applies to a\nspecified part of the pilotage area.\n(3) The pilotage authority may, when issuing or renewing a pilotage\nexemption certificate, specify that the certificate is subject to one or\nmore of the following conditions:\n(a) a condition that the certificate only applies to:\n(i) a specified vessel; or\n(ii) specified vessels (including, for example, vessels of a\nspecified size or kind);\n(b) a condition specifying that the certificate only applies to\nspecified hours during a day;\n(c) a condition specifying that the certificate only applies to a\nspecified part of the pilotage area.\n(4) In addition, the pilotage authority must not issue a pilotage\nexemption certificate to, or renew a pilotage exemption certificate\nheld by, a person who is not the master of a vessel to which the\ncertificate relates.\n(5) Subsections (2) and (3) do not limit the conditions that may be\nimposed by the pilotage authority on a pilotage licence or pilotage\nexemption certificate.\n(6) The regulations may provide for:\n(a) the matters that a pilotage authority or a port operator for a\ndesignated port may take into account in making a decision\nunder this section; and\n(b) a qualification or requirement in relation to any of the matters\nmentioned in paragraph (a) (including, for example, whether\nan applicant for a pilotage licence has undertaken a specified\nnumber of supervised transits); and\n\nPorts Management Act 2015 67\n(ba) the medical examination of a licensed pilot in order that his or\nher fitness to discharge his or her duties may be determined;\nand\n(c) a pilotage authority to vary a condition of a pilotage licence or\npilotage exemption certificate.\n","sortOrder":85},{"sectionNumber":"77","sectionType":"section","heading":"Form of pilotage licence and exemption certificate","content":"77 Form of pilotage licence and exemption certificate\n(1) A pilotage licence or pilotage exemption certificate must:\n(a) be in the approved form; and\n(b) specify the pilotage area in respect of which it is issued.\n(2) A pilotage licence has effect for 3 years from the date it is issued.\n(3) A pilotage exemption certificate has effect for 2 years from the date\nit is issued.\n","sortOrder":86},{"sectionNumber":"78","sectionType":"section","heading":"Suspension or cancellation","content":"78 Suspension or cancellation\n(1) If a pilotage authority, after receiving a report under section 83(5), is\nsatisfied as to any of the matters mentioned in section 82(1), it may\ncancel or suspend, for any period that it thinks fit, the pilotage\nlicence held by the licensed pilot in respect of whom the inquiry was\nheld.\n(2) A pilotage exemption certificate may be cancelled or suspended at\nany time if, in the opinion of the pilotage authority, the holder is unfit\nto continue to hold the certificate.\n","sortOrder":87},{"sectionNumber":"79","sectionType":"section","heading":"Production of pilotage licence","content":"79 Production of pilotage licence\n(1) A licensed pilot, on request by the master of a vessel that the pilot\nproposes to take in pilotage, must produce his or her pilotage\nlicence to the master.\n","sortOrder":88},{"sectionNumber":"80","sectionType":"section","heading":"Person other than licensed pilot not to pilot vessel","content":"80 Person other than licensed pilot not to pilot vessel\n(a) the person pilots a vessel in a pilotage area; and\n\nPorts Management Act 2015 68\n(b) a licensed pilot is required by this Part to be on board the\nvessel while it is in that area; and\n(c) the person is not a licensed pilot or the holder of a pilotage\nexemption certificate in respect of that area.\n(2) A person commits an offence if the person:\n(a) represents, by word or conduct, that the person is a licensed\npilot or the holder of a pilotage exemption certificate in respect\nof a pilotage area; and\n(b) knows that the representation is false.\n","sortOrder":89},{"sectionNumber":"81","sectionType":"section","heading":"Misconduct by licensed pilot","content":"81 Misconduct by licensed pilot\n(1) A licensed pilot commits an offence if the licensed pilot:\n(a) has pilotage charge of a vessel; and\n(b) is under the influence of alcohol or a drug.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) that the licensed pilot:\n(a) was, at the time of the alleged offence, under the influence of\na drug taken by the pilot for medical purposes; and\n(i) the pilot took the drug on medical advice and complied\nwith any direction given as part of that advice; or\n(ii) the pilot had no reason to believe that the drug might\nhave the influence it did.\n(3) A licensed pilot commits an offence if the licensed pilot:\n(a) has pilotage charge of a vessel; and\n(b) engages in conduct; and\n\nPorts Management Act 2015 69\n(c) the conduct causes, or is likely to cause, the loss or\ndestruction of, or serious damage to, the vessel or any other\nvessel, a port facility or any other property.\ndrug, see section 19(1) of the Traffic Act 1987.\n","sortOrder":90},{"sectionNumber":"82","sectionType":"section","heading":"Inquiry into misconduct by licensed pilot","content":"82 Inquiry into misconduct by licensed pilot\n(1) The Minister may, at the request of a pilotage authority, appoint a\nperson to conduct an inquiry into whether a licensed pilot:\n(a) is unfit to discharge his or her duties; or\n(b) has been seriously negligent in the discharge of his or her\nduties; or\n(c) has repeatedly failed to comply with requests made to him or\nher by the pilotage authority under this Act.\n(2) If the pilotage authority is of the opinion that it is desirable to do so,\nit may suspend the pilotage licence held by the licensed pilot\npending the outcome of the inquiry.\n","sortOrder":91},{"sectionNumber":"83","sectionType":"section","heading":"Conduct of inquiry","content":"83 Conduct of inquiry\n(1) A person appointed under section 82(1) to conduct an inquiry may:\n(a) go on board a vessel; and\n(b) enter on a wharf or installation within a pilotage area in\nrespect of which the pilot is licensed; and\n(c) require a person to answer any question relating to the subject\nof the inquiry; and\n(d) require the production of a document, including a report or\ntranscript of an inquiry or investigation held under this Act,\nrelevant to the inquiry.\n(2) A person commits an offence if the person contravenes a\nrequirement made under subsection (1)(c) or (d).\n\nPorts Management Act 2015 70\n(5) A person appointed to conduct an inquiry under section 82(1) must\nreport on it to the pilotage authority, and forward a copy of the\nreport to the Minister.\n","sortOrder":92},{"sectionNumber":"84","sectionType":"section","heading":"Reviews of decisions under this Division","content":"84 Reviews of decisions under this Division\n(1) This section applies to any of the following decisions of a pilotage\nauthority in relation to a person:\n(a) a refusal to issue or renew a pilotage licence or pilotage\nexemption certificate;\n(b) a decision to specify or vary a condition of a pilotage licence\nor pilotage exemption certificate;\n(c) a decision to suspend or cancel a pilotage licence or pilotage\nexemption certificate.\n(2) The pilotage authority must, as soon as practicable after making the\ndecision, give written notice of it to the person specifying:\n(b) that the person has a right to have the decision reviewed by\nthe Tribunal; and\n(c) if the pilotage licence or pilotage exemption certificate is\ncancelled – that the person must surrender the licence or\ncertificate to the pilotage authority within the period specified\nin the notice.\n(3) If the notice requires a person to surrender the licence or certificate\nto the pilotage authority as mentioned in subsection (2)(c), the\nperson must not contravene the requirement.\n\nPorts Management Act 2015 71\n","sortOrder":93},{"sectionNumber":"85","sectionType":"section","heading":"Minister may appoint pilotage services provider","content":"85 Minister may appoint pilotage services provider\n(1) The Minister may appoint a person to be a pilotage services\nprovider for a pilotage area.\n(2) The Minister may appoint a person under subsection (1) only if\nsatisfied that:\n(a) the person has the necessary capability to provide pilotage\nservices by one or more licensed pilots in the pilotage area;\nand\n(b) in providing pilotage services in the pilotage area, each of the\nlicensed pilots would be under the control of the person and\nbe:\n(i) employed or engaged by the person; or\n(ii) in prescribed circumstances, employed or engaged by\nan entity specified in the regulations; and\n(c) the person is a suitable person to be appointed; and\n(d) the person meets any prescribed requirements.\n(3) In considering whether a person is a suitable person for\nsubsection (2)(c), the Minister must take into account all of the\nfollowing matters:\n(a) whether the person has ever been:\nthe Commonwealth, a State or another Territory that is\npunishable by imprisonment for more than 12 months; or\n(b) whether, in the immediately preceding 10 years:\n(i) the person has been found guilty of an offence against a\nlaw of the Territory, the Commonwealth, a State or\nanother Territory; or\n(ii) the person has been a director of, or involved in the\nmanagement of, a body corporate that was found guilty\nof such an offence;\n\nPorts Management Act 2015 72\n(c) whether the person has been a director of, or involved in the\nmanagement of, a body corporate that was wound up in the\nimmediately preceding 2 years or is in the process of being\nwound up;\n(d) whether the person has ever:\n(i) become bankrupt; or\n(ii) applied to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounded with creditors or made an assignment of\nthe person's remuneration for their benefit;\n(e) whether the person is a body corporate that is under\nadministration, is in the process of being wound up or has\nexecuted a deed of company arrangement that is in force.\n(4) The appointment has effect:\n(a) subject to any conditions specified in the appointment and in\nany pilotage services contract entered into between the\nMinister and the appointee; and\n(b) for the term specified in the appointment unless it is\nterminated at an earlier time:\n(i) under section 89; or\n(ii) in accordance with the terms of a contract mentioned in\nparagraph (a).\n(5) Subsection (4) does not prevent the reappointment of the appointed\nperson under subsection (1).\n(6) The regulations may provide for the following matters:\n(a) requirements for subsection (2)(d) including, for example:\n(i) safety requirements; and\n(ii) the qualifications of persons providing the service; and\n(iii) the requirement to pay any fees or charges;\n(b) the conditions that may be specified under subsection (4)(a)\nincluding, for example, conditions about:\n(i) the pilotage services provider's insurance coverage; and\n\nPorts Management Act 2015 73\n(ii) the pilotage services provider's capability for providing\npilotage services; and\n(iii) the qualifications of persons to provide the service; and\n(iv) the provision of reports to the Minister about the\nperformance of the pilotage services provider;\n(c) matters that may be considered by the Minister when\nspecifying the conditions;\n(d) any other matters arising from this section.\n","sortOrder":94},{"sectionNumber":"86","sectionType":"section","heading":"Pilotage services contracts","content":"86 Pilotage services contracts\n(1) The Minister may enter into a contract with a pilotage services\nprovider in relation to the provision of pilotage services by that\nprovider.\n(2) Despite anything to the contrary in the Procurement Act 1995 or\nany other Act, a pilotage services contract may be entered into\nwithout a competitive tender process having been undertaken.\n(3) A pilotage services contract may (but need not) appoint the pilotage\nservices provider to provide pilotage services on an exclusive basis\nwithin the relevant pilotage area.\n(4) A pilotage services contract may be entered into for any term, and\ncontain any terms or conditions, that the Minister thinks fit.\n(5) Without limiting subsections (1), (3) and (4), a pilotage services\ncontract may:\n(a) specify the level of pilotage services to be provided under the\ncontract; and\n(b) set out performance standards, and quality assurance\nprograms, for pilotage services to be provided under the\ncontract; and\n(c) specify the amount of consideration to be paid to the Minister\nby the pilotage services provider under the contract; and\n(d) require the pilotage services provider to keep records of the\npilotage services provided by the provider and the amounts\ncharged and paid in respect of those services; and\n(e) empower the Minister and any person authorised by the\nMinister to inspect those records; and\n\nPorts Management Act 2015 74\n(f) require the pilotage services provider to provide information,\nas and when the Minister requires, as to the costs incurred by\nthe provider in providing pilotage services for the pilotage area\nconcerned; and\n(g) empower the Minister to terminate or suspend the contract:\n(i) on the ground that the pilotage services provider is\nunable to provide pilotage services at the level\nmentioned in paragraph (a); or\n(ii) on the ground that the pilotage services provider has\ncontravened the marine legislation or the Marine Safety\nNational Law; or\n(iii) on any other specified ground.\n","sortOrder":95},{"sectionNumber":"87","sectionType":"section","heading":"Record-keeping and reporting obligations","content":"87 Record-keeping and reporting obligations\n(1) A pilotage services provider for a pilotage area within a designated\nport must keep, in the prescribed manner, records containing the\nprescribed particulars of all reportable incidents that occur within\nthe pilotage area and that involve:\n(a) a licensed pilot employed or engaged by the pilotage services\nprovider; or\n(b) a vessel of which a licensed pilot employed or engaged by the\npilotage services provider has pilotage charge.\n(2) A pilotage services provider for a pilotage area within a designated\nport commits an offence if:\n(a) a reportable incident mentioned in subsection (1) occurs within\nthe pilotage area; and\n(b) the pilotage services provider fails to keep a record of the\nincident in accordance with subsection (1).\n(3) A pilotage services provider for a pilotage area within a designated\nport commits an offence if:\n(a) a reportable incident mentioned in subsection (1) occurs within\nthe pilotage area; and\n\nPorts Management Act 2015 75\n(b) the pilotage services provider fails to report, in writing, the\nprescribed particulars of the incident to the regional\nharbourmaster for the port within the prescribed period after it\noccurs.\n(4) An offence against subsection (2) or (3) is an offence of strict\nsubsection (2) or (3) if the defendant has a reasonable excuse.\n(6) This section does not affect any requirement to keep a record of\nany kind, or report an event of any kind, that a pilotage services\nprovider has under any other Act.\n","sortOrder":96},{"sectionNumber":"88","sectionType":"section","heading":"Offences","content":"88 Offences\n(a) the person provides pilotage services in a pilotage area; and\n(b) the person is not a pilotage services provider for the area.\n(2) A pilotage services provider commits an offence if:\n(a) the pilotage services provider provides pilotage services; and\n(b) in providing the pilotage services, the pilotage services\nprovider contravenes a condition specified in the provider's\nappointment.\n","sortOrder":97},{"sectionNumber":"89","sectionType":"section","heading":"Termination and suspension, and variation of conditions, of","content":"89 Termination and suspension, and variation of conditions, of\nappointment\n(1) The Minister may terminate, or suspend for a specified period, the\nappointment of a person as a pilotage services provider if:\n(a) the Minister considers the person:\n(i) has contravened a condition of the appointment; or\n(ii) no longer meets the requirements for the appointment\nunder this Division; and\n\nPorts Management Act 2015 76\n(b) for a termination of the appointment, the Minister:\n(i) has notified the person of the Minister's intention to\nterminate the appointment; and\n(ii) has specified in the notice that the person may, within a\nreasonable period specified in the notice, explain to the\nMinister why the appointment should not be terminated;\nand\n(iii) has taken into account any explanation given to the\nMinister within the specified period.\n(2) If a pilotage services contract to which a person appointed as a\npilotage services provider is a party is terminated or expires, their\nappointment as a pilotage services provider is terminated by force\nof this subsection.\n(3) The Minister may vary a condition of the appointment of a person\nas a pilotage services provider if the Minister considers the variation\nis necessary:\n(a) to ensure compliance with this Act; or\n(b) in other circumstances prescribed by regulation for the\npurposes of safety.\n(4) The Minister must, as soon as practicable after making a decision\nunder subsection (1) or (3) in relation to a pilotage services\nprovider, give written notice of the decision to the pilotage services\nprovider specifying:\n(b) that the pilotage services provider has a right to have the\ndecision reviewed by the Tribunal.\n","sortOrder":98},{"sectionNumber":"90","sectionType":"section","heading":"Regulations may provide for other matters about appointment","content":"90 Regulations may provide for other matters about appointment\nThe regulations may provide for a matter arising from the\nappointment of a pilotage services provider, including, for example,\nthe monitoring of compliance with this Division by the pilotage\nservices provider.\n\nPorts Management Act 2015 77\n","sortOrder":99},{"sectionNumber":"Div 6","sectionType":"division","heading":"General matters","content":"Division 6 General matters\n","sortOrder":100},{"sectionNumber":"91","sectionType":"section","heading":"Master responsible for vessel","content":"91 Master responsible for vessel\nThe master of a vessel is not relieved of the master's responsibility\nfor the conduct and navigation of the vessel by reason of the vessel\nbeing:\n(a) in pilotage charge of a licensed pilot or a person holding a\npilotage exemption certificate; or\n(b) navigated in a pilotage area or compulsory pilotage area\nwithout a pilot.\n","sortOrder":101},{"sectionNumber":"92","sectionType":"section","heading":"Protection of licensed pilot, pilotage authority and pilotage","content":"92 Protection of licensed pilot, pilotage authority and pilotage\nservices provider\n(1) Each of the following is not liable for any loss or damage caused or\nsuffered by a vessel while a licensed pilot is acting as pilot of the\nvessel:\n(a) the pilot;\n(b) the pilotage authority that licensed the pilot;\n(c) subject to subsection (2), the pilotage services provider or\nother entity by which the pilot was employed or engaged at the\ntime the pilot was acting as pilot of the vessel.\n(2) Subsection (1) does not affect any liability of the pilotage services\nprovider or other entity for employing or engaging as a pilot a\nperson who was not qualified or competent to be a pilot.\n","sortOrder":102},{"sectionNumber":"93","sectionType":"section","heading":"Definitions","content":"93 Definitions\naid means:\n(a) a lighthouse, lightship, beacon or buoy; or\n(b) any other structure, marker, device or apparatus that is an aid\nto marine navigation, including a radio beacon or an electronic\naid, but not including a device or apparatus used, or for use,\non a vessel (not being a lightship).\n\nPorts Management Act 2015 78\nlight includes a fire and a street light or other illuminating device.\nowner, in relation to an aid, light or lamp, includes a person in\npossession or control of the aid, light or lamp.\n","sortOrder":103},{"sectionNumber":"94","sectionType":"section","heading":"Application of Part","content":"94 Application of Part\nThis Part applies in relation to an aid that is within Northern\nTerritory waters, or on land within the Territory, other than an aid\nthat is, under the Navigation Act 2012 (Cth), the property of, or\nunder the control of:\n(a) the Commonwealth; or\n(b) the Australian Maritime Safety Authority (established by the\nAustralian Maritime Safety Authority Act 1990 (Cth)).\n","sortOrder":104},{"sectionNumber":"95","sectionType":"section","heading":"Establishment etc. of aids by port operator","content":"95 Establishment etc. of aids by port operator\n(1) Subject to subsection (2), the port operator of a designated port\nmay establish, maintain, operate, alter or remove an aid that:\n(2) A port operator may only establish, alter or remove an aid\nmentioned in subsection (1) with the prior written approval of the\nregional harbourmaster for the designated port.\n(3) The port operator may, by written notice, authorise a person to\ncarry out on its behalf any work necessary for the exercise of the\nport operator's functions under subsection (1).\n","sortOrder":105},{"sectionNumber":"96","sectionType":"section","heading":"Establishment etc. of private aids","content":"96 Establishment etc. of private aids\n(1) Subject to subsection (1A), a person must not, without the written\napproval of the port operator of a designated port, establish,\nmaintain, operate, alter or remove an aid that:\n\nPorts Management Act 2015 79\n(1A) The port operator of a designated port may only approve the\nestablishment, alteration or removal of an aid mentioned in\nsubsection (1) with the prior written approval of the regional\nharbourmaster for the designated port.\n","sortOrder":106},{"sectionNumber":"97","sectionType":"section","heading":"Control of aids, lamps and lights","content":"97 Control of aids, lamps and lights\n(1) This section applies with respect to an aid, lamp or light that:\n(2) The port operator of the designated port may, if of the opinion that it\nis desirable for the safety or convenience of marine navigation to do\nso, by written notice given to the owner of the aid, lamp or light,\nrequire the owner:\n(a) to remove it entirely or to some other position; or\n(b) to modify it, or to alter its character or mode of exhibition, to\nthe extent, or in the manner, specified in the notice; or\n(c) to cease using it; or\n(d) to use it only at the times and in the manner specified in the\n(3) A person given a notice under subsection (2) must comply with the\nrequirement contained in the notice.\n(6) Subsection (7) applies if:\n(a) a person fails to comply with a requirement contained in a\nnotice under subsection (2); or\n(b) a notice under subsection (2) cannot be given because the\nport operator does not know who owns the aid, lamp or light.\n\nPorts Management Act 2015 80\n(7) The port operator may take possession or control of the aid, lamp\nor light and do anything that:\n(a) if subsection (6)(a) applies – the person specified in the notice\nunder subsection (2) was required by the notice to do; or\n(b) if subsection (6)(b) applies – must, in the opinion of the port\noperator, be done for the safety of marine navigation.\n(8) Any costs incurred in doing a thing under subsection (7) in relation\nto an aid, lamp or light may be recovered as a debt due and\npayable by the owner of the aid, lamp or light to the port operator.\n","sortOrder":107},{"sectionNumber":"98","sectionType":"section","heading":"Inspection of aids","content":"98 Inspection of aids\nA person authorised by the port operator of a designated port may\ninspect, at any reasonable time, an aid, lamp or light that:\n","sortOrder":108},{"sectionNumber":"99","sectionType":"section","heading":"Entry on land","content":"99 Entry on land\n(1) The regional harbourmaster for a designated port, or a person\nauthorised by the regional harbourmaster, may enter any land, and\ntransport goods through or over it, for the purpose mentioned in\nsubsection (2).\n(2) The purpose is to erect, inspect or maintain an aid, lamp or light\nthat:\n(3) The powers of the regional harbourmaster, or a person authorised\nby the regional harbourmaster, under subsection (1) in relation to\nland includes powers in relation to Aboriginal land even though the\nregional harbourmaster or the person does not hold a permit to\nenter Aboriginal land under the Aboriginal Land Act 1978.\nAboriginal land, see section 3(1) of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\n\nPorts Management Act 2015 81\n","sortOrder":109},{"sectionNumber":"100","sectionType":"section","heading":"Mooring at aids","content":"100 Mooring at aids\n(1) A person must not moor, make fast or attach a vessel to an aid that:\n","sortOrder":110},{"sectionNumber":"101","sectionType":"section","heading":"Obligation in relation to defective or damaged aids","content":"101 Obligation in relation to defective or damaged aids\n(1) This section applies with respect to an aid that:\n(2) If an aid is defective or damaged its owner must ensure that it is\nrepaired or replaced as soon as practicable after the owner\nbecomes aware of the defect or damage.\n(3) The regional harbourmaster for a designated port may, by written\nnotice to the owner of a defective or damaged aid, direct the owner\nto repair or replace it within a period specified in the notice.\n(4) The owner of the aid must comply with a direction given under\nsubsection (3).\n(5) An offence against subsection (4) is an offence of strict liability.\nsubsection (4) if the defendant has a reasonable excuse.\n(7) If the owner fails to comply with a direction given under\nsubsection (3), the regional harbourmaster may cause the aid to be\nrepaired or replaced, irrespective of whether the owner has been\ncharged with, or found guilty of, an offence against subsection (4).\n(8) The owner is liable to pay all costs incurred by the regional\nharbourmaster under subsection (7).\n\nPorts Management Act 2015 82\n(9) Any such amount is additional to any penalty imposed for an\noffence against subsection (4).\n(10) An amount that the owner is liable to pay under subsection (8) for\ncosts may be recovered as a debt due and payable to the Territory.\n","sortOrder":111},{"sectionNumber":"102","sectionType":"section","heading":"Offences in relation to aids","content":"102 Offences in relation to aids\n(1) This section applies with respect to an aid that:\n(2) A person must not damage or destroy the aid.\n(3) A person commits an offence if the person engages in conduct that:\n(a) results in the view of the aid being obstructed in a manner that\nlessens its efficiency; or\n(b) hinders the effective use of the aid.\n(4) A person must not be in or on:\n(a) the aid; or\n(b) any enclosed area of land on which the aid is situated.\n(5) An offence against subsection (2), (3) or (4) is an offence of strict\nsubsection (2), (3) or (4) if the defendant has a reasonable excuse.\n","sortOrder":112},{"sectionNumber":"103","sectionType":"section","heading":"Notification of damage","content":"103 Notification of damage\n(a) an aid within a designated port, or that may affect the safety or\nconvenience of marine navigation within a designated port, is\ndamaged, destroyed or interfered with; and\n\nPorts Management Act 2015 83\n(b) the person fails to report the damage, destruction or\ninterference immediately to both the port operator of, and the\nregional harbourmaster for, the designated port.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":113},{"sectionNumber":"104","sectionType":"section","heading":"Costs of rectification","content":"104 Costs of rectification\n(1) This section applies to any costs that are incurred by a port\noperator of a designated port in replacing, repairing or reinstating\nan aid that is damaged, destroyed or interfered with in\ncontravention of section 102.\n(2) The costs are a debt due to the port operator from the person who\ncaused the destruction, damage or interference.\n","sortOrder":114},{"sectionNumber":"105","sectionType":"section","heading":"Immunity from certain proceedings","content":"105 Immunity from certain proceedings\nLegal proceedings cannot be instituted against the port operator of\na designated port in respect of an act or omission of the port\noperator that is done or made under this Part unless the act or\nomission arises from wilful misconduct.\n","sortOrder":115},{"sectionNumber":"106","sectionType":"section","heading":"Interpretation","content":"106 Interpretation\n(1) In this Part:\ncharging entity means a port authority or pilotage services\nprovider.\nport authority, of a designated port, means the port operator of the\nport or the Minister.\n(2) A reference in this Part to the owner of a vessel includes a\nreference to a person who, whether on the person's own behalf or\non behalf of another:\n(a) exercises any of the functions of the owner of the vessel; or\n\nPorts Management Act 2015 84\n(b) represents to a port authority that the person has those\nfunctions or accepts the obligation to exercise those functions.\n(3) A reference in this Part to the owner of cargo includes a reference\nto:\n(a) a joint owner of the cargo; and\n(b) any person who, whether on the person's own behalf or on\nbehalf of another:\n(i) exercises any of the functions of the owner of the cargo;\nor\n(ii) represents to a port authority that the person has those\nfunctions or accepts the obligation to exercise those\nfunctions.\n(4) For this Part, a person does not cease to be the owner of a vessel\nbecause the vessel is mortgaged, chartered, leased or hired to\nanother person.\n","sortOrder":116},{"sectionNumber":"107","sectionType":"section","heading":"Part does not apply to recreational vessels","content":"107 Part does not apply to recreational vessels\nThis Part does not apply to:\n(a) a pleasure craft as defined in section 7(1) of the Marine\nAct 1981; or\n(b) a hire-and-drive vessel (as defined in section 7(1) of the\nMarine Act 1981) used solely for pleasure; or\n(c) a vessel used for an expedition organised for reward, fee or\nother valuable consideration so as to enable people to engage\nin:\n(i) amateur fishing; or\n(ii) sightseeing activities where the expedition is conducted\nwholly within a designated port.\n\nPorts Management Act 2015 85\n","sortOrder":117},{"sectionNumber":"108","sectionType":"section","heading":"Port authority charges","content":"108 Port authority charges\n(1) The port operator of a designated port may, as a port authority of\nthe port, by written notice published on the port operator's website,\nfix charges in respect of the use by a vessel of any or all of the\nfollowing:\n(a) the waters of the designated port;\n(b) port facilities of the designated port that are owned by, or\nleased or licensed to, or operated or maintained by, the port\n(2) The Minister may, as a port authority of a designated port, by\nGazette notice, fix charges in respect of the use by a vessel of any\nor all of the following:\n(a) the waters of the designated port;\n(b) port facilities of the designated port that are owned by, or\nleased or licensed to, or operated or maintained by, the\nMinister or another public sector entity.\n(3) Subsection (1) is subject to any conditions or restrictions on, or\nexclusions from, the power of a port operator of a designated port\nto fix charges imposed by a port operating agreement to which the\nport operator is a party.\n(4) Without limiting subsection (1) or (2), charges of the following kind\nmay be fixed in relation to a designated port:\n(a) a port due, being a charge in respect of the entry (however\nmade) of a vessel into the port or its movement within the port;\n(b) a wharfage charge, being a charge calculated by reference to\nthe quantity, volume or weight of cargo loaded on, or unloaded\nfrom, a vessel occupying a berth, or transhipped between\nvessels, within the port;\n(c) a berthing charge, being a charge calculated by reference to\nthe amount of time, as determined by a port authority:\n(i) that a vessel occupies a berth within the port for any\npurpose; or\n(ii) that a vessel anchors within the port in an area of water\nthat is not adjacent to a wharf, pontoon, mooring buoy,\ndolphin or structure of any other kind; or\n\nPorts Management Act 2015 86\n(iii) for which a berth is reserved for occupation by a vessel\nfor any purpose.\n(5) Different charges may be fixed in respect of different classes of\nvessels, cargo or berths or according to such other factors as a port\nauthority thinks fit.\nberth, in relation to a charge fixed by a port authority, means an\narea of water within a designated port surrounding or adjacent to a\nwharf, mooring buoy or dolphin that is owned by, leased or licensed\nto, or operated or maintained by the port authority.\ndolphin means an apparatus or structure (other than a wharf or\nmooring buoy) that is permanently fixed to the bed of navigable\nwaters and that is used for securing a vessel.\n","sortOrder":118},{"sectionNumber":"109","sectionType":"section","heading":"Pilotage services provider charges","content":"109 Pilotage services provider charges\n(1) A pilotage services provider for a pilotage area may, by written\nnotice published on the pilotage services provider's website, fix the\nrates of charges payable to the pilotage services provider for the\nprovision of pilotage services.\n(2) Different charges may be fixed in respect of different classes of\nvessels or according to such other factors as a pilotage services\nprovider thinks fit.\n(3) The owner or master of a vessel is liable to pay to a pilotage\nservices provider the charges for pilotage services provided in\nrelation to the vessel.\n(4) Charges payable under subsection (3) and collected by the pilotage\nservices provider may be retained by the provider.\n(5) This section is subject to any provision made by a pilotage services\ncontract.\n","sortOrder":119},{"sectionNumber":"110","sectionType":"section","heading":"Agreements in relation to charges","content":"110 Agreements in relation to charges\n(1) A charging entity may enter into an agreement with a person liable\nto pay to the entity any kind of charge under this Part.\n(2) The agreement may:\n(a) fix the amount of any charge payable by the person to the\ncharging entity; or\n\nPorts Management Act 2015 87\n(b) provide for any other matter that the entity is permitted by or\nunder this Part to determine in respect of the charge; or\n(c) provide for any right or privilege that, by or under this Part,\naccrues to the person liable to pay the charge, or that the\nentity may confer on the person.\n(3) To the extent the agreement provides, the agreement displaces any\ndeterminations of the charging entity in relation to the charge or to\nthe matter, right or privilege concerned.\n","sortOrder":120},{"sectionNumber":"111","sectionType":"section","heading":"Payment and collection of charges","content":"111 Payment and collection of charges\n(1) A charge under this Part is payable on demand by the charging\nentity that fixed the charge, or at such time, or on such terms, as\nthe entity may determine in respect of the person liable to pay it.\n(2) Subject to subsection (3), a charge fixed by a port authority may\nonly be collected by that port authority and not by the other port\nauthority.\n(3) A port authority may appoint an agent for the collection of charges,\nand the agent may be the other port authority.\n(4) A charge under this Part may be recovered as a debt due and\npayable to the charging entity that fixed the charge by the person\nliable to pay it.\n(5) If there is more than one person liable to pay a charge under this\nPart, those persons are jointly and severally liable to pay the\ncharge.\n","sortOrder":121},{"sectionNumber":"112","sectionType":"section","heading":"Interest on overdue payments","content":"112 Interest on overdue payments\n(1) A charging entity may charge interest, at a rate determined by the\nentity, on charges fixed under this Part by the entity that are unpaid\nby the due date.\n(2) Different rates may be determined for charges that remain unpaid\nfor different periods of time.\n","sortOrder":122},{"sectionNumber":"113","sectionType":"section","heading":"Security for payment of charges","content":"113 Security for payment of charges\n(1) A charging entity may require a person to lodge with it a security\ndeposit as security for the payment of charges that have been, or\nmay be, incurred under this Part by the person.\n\nPorts Management Act 2015 88\n(2) The security deposit:\n(a) may take the form of cash or a guarantee from a bank,\nbuilding society or credit union or any other form that the\ncharging entity approves; and\n(b) must be in or for an amount determined by the entity.\n(3) A charging entity may appropriate a security deposit or the\nproceeds of a security deposit to meet liabilities of the depositor\n(including any interest payable) under this Part that are unpaid after\nbecoming due.\n(4) In the event that a security deposit or the proceeds of a security\ndeposit have been appropriated or partly appropriated, a charging\nentity may require lodgement of further security.\n(5) If at any time a charging entity considers that a depositor's potential\nliabilities under this Part should be more adequately secured, the\nentity may require the lodgement of security in a greater amount, or\nin a different form, or both.\n","sortOrder":123},{"sectionNumber":"114","sectionType":"section","heading":"Failure to comply with charging entity's requirements","content":"114 Failure to comply with charging entity's requirements\n(1) A charging entity may withhold or withdraw the provision of services\nor facilities to a person who fails to comply with any lawful\nrequirement made by the entity with respect to the provision of\nthose services or facilities, whether or not the person has paid a\ncharge for their provision.\n(2) This section does not affect any other function or discretion of the\ncharging entity in relation to its services and facilities.\n","sortOrder":124},{"sectionNumber":"115","sectionType":"section","heading":"Liability of current owners and agents","content":"115 Liability of current owners and agents\n(1) To the extent to which a charge under this Part, payable by the\nowner of a vessel, is not paid by the person who was the owner at\nthe time the charge was incurred, the charge is payable by the\nperson who is the owner at the time payment is demanded by a\ncharging entity.\n(2) Subsection (3) applies if at the time a vessel left a designated port:\n(a) there was an agent for the berthing or working of the vessel;\nand\n(b) there was no other agent for the vessel.\n\nPorts Management Act 2015 89\n(3) The agent is liable, to the same extent as the owner of the vessel,\nfor charges under this Part incurred in relation to the vessel while in\nport that are unpaid.\n(4) If, at the time a vessel left a designated port, there was an agent for\nthe vessel other than an agent for the berthing or working of the\nvessel, that agent is liable, to the same extent as the owner of the\nvessel, for charges under this Part incurred in relation to the vessel\nwhile in port that are unpaid.\n","sortOrder":125},{"sectionNumber":"116","sectionType":"section","heading":"Waiver or refund of charges","content":"116 Waiver or refund of charges\nA charging entity may waive or refund the whole or any part of any\ncharge under this Part that is due to the entity in any particular case\nor class of case.\n","sortOrder":126},{"sectionNumber":"117","sectionType":"section","heading":"Object of Part","content":"117 Object of Part\nThe object of this Part is to promote the economically efficient\noperation of, use of and investment in major port facilities in the\nTerritory by which services are provided, so as to promote effective\ncompetition in upstream and downstream markets.\n","sortOrder":127},{"sectionNumber":"118","sectionType":"section","heading":"Application of Part","content":"118 Application of Part\nThis Part applies to prescribed services provided by:\n(a) a port operator of a designated port that is not a public sector\nentity (a private port operator); or\n(b) a pilotage services provider that is not a public sector entity (a\nprivate pilotage provider).\n","sortOrder":128},{"sectionNumber":"119","sectionType":"section","heading":"Application of Utilities Commission Act 2000","content":"119 Application of Utilities Commission Act 2000\n(1) The provision of prescribed services by a private port operator or\nprivate pilotage provider is declared to be a regulated industry for\nthe Utilities Commission Act 2000.\n(2) The charges fixed by a private port operator or private pilotage\nprovider in relation to the provision of prescribed services provided\nby the operator or provider are prices for goods or services for the\nUtilities Commission Act 2000.\n\nPorts Management Act 2015 90\n(3) The Utilities Commission of the Northern Territory established by\n","sortOrder":129},{"sectionNumber":"Part 2","sectionType":"part","heading":"of the Utilities Commission Act 2000 is the Regulator for this","content":"Part 2 of the Utilities Commission Act 2000 is the Regulator for this\nPart.\n(4) A private port operator or private pilotage provider is taken to be a\nlicensed entity for the purpose of the application of the Utilities\nCommission Act 2000, as affected by this Part, in relation to the\noperator or provider.\n","sortOrder":130},{"sectionNumber":"120","sectionType":"section","heading":"Reports and statements by Regulator","content":"120 Reports and statements by Regulator\n(1) The Regulator may from time to time publish reports and\nstatements, based on information given or obtained under this Part,\nabout the provision of access to prescribed services or charges\nfixed in relation to the provision of prescribed services.\n(2) No liability (including liability in defamation) is incurred for\npublishing in good faith a report or statement under this section or a\nfair report or summary of such a report or statement.\n","sortOrder":131},{"sectionNumber":"121","sectionType":"section","heading":"Annual report to Minister on material non-compliance","content":"121 Annual report to Minister on material non-compliance\n(1) The Regulator must make an annual report to the Minister, by\n1 December in each year, on each of the following:\n(a) if the Regulator has received a report under section 130 from\na private port operator on any material instance of\nnon-compliance with the operator's access policy that\noccurred during the immediately preceding financial year – the\ncontents of the report;\n(b) if the Regulator is satisfied that there were one or more\nmaterial instances, during the immediately preceding financial\nyear, of non-compliance by a private port operator or private\npilotage provider with a determination of the Regulator\nmentioned in section 132 that applied to the operator or\nprovider at the time of the non-compliance – the instance or\ninstances.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 7 sitting days after receiving it.\n","sortOrder":132},{"sectionNumber":"122","sectionType":"section","heading":"Regulations","content":"122 Regulations\nRegulations made for this Part must promote the object of this Part.\n\nPorts Management Act 2015 91\n","sortOrder":133},{"sectionNumber":"123","sectionType":"section","heading":"Review of Part","content":"123 Review of Part\n(1) Within the last year of each review period, the Regulator must:\n(a) conduct and complete a review of the operation of this Part\nand the regulations made for this Part; and\n(b) prepare a report on the review; and\n(c) give a copy of the report to the Minister.\n(2) The purpose of a review is to determine:\n(a) whether there is an ongoing need for regulatory oversight of\naccess to, and pricing of, prescribed services provided by\nprivate port operators or private pilotage providers; and\n(b) whether there is a need to change the form of regulatory\noversight of access and, if so, how; and\n(c) whether there is a need to change the form of regulatory\noversight of prices and, if so, how; and\n(d) whether amendments should be made to this Part or the\nregulations made for it and, if so, the nature of those\namendments.\n(3) The Regulator must consult with each private port operator and\nprivate pilotage provider during a review.\n(4) The Minister must table a copy of a report on a review in the\nLegislative Assembly within 7 sitting days after receiving it.\n(5) To avoid doubt, this section does not prevent this Part or the\nregulations made for it being amended or repealed at any time.\nreview period means each of the following:\n(a) the 3 year period starting on the commencement of this Part;\n(b) each successive 5 year period after the period mentioned in\nparagraph (a).\n\nPorts Management Act 2015 92\n","sortOrder":134},{"sectionNumber":"124","sectionType":"section","heading":"Preventing or hindering access","content":"124 Preventing or hindering access\n(1) A private port operator or private pilotage provider must not engage\nin conduct for the purpose of preventing or hindering the access of\na user or potential user (port user) to any prescribed service.\n(2) A private port operator or private pilotage provider that acts as\nmentioned in subsection (3) is taken to be engaging in conduct of a\nkind mentioned in subsection (1).\n(3) Having regard to the relevant criterion, the private port operator or\nprivate pilotage provider provides, or proposes to provide, access to\nthe prescribed service to itself, or a related body corporate of itself,\non more favourable terms than the terms on which it provides, or\nproposes to provide, access to the prescribed service to a\ncompetitor of itself.\n(4) For subsection (3), the relevant criterion is the terms, taken as a\nwhole, on which the private port operator or private pilotage\nprovider provides, or proposes to provide, access to the prescribed\nservice to itself, or a related body corporate of itself, and the\ncompetitor:\n(a) having regard, in particular, to the nature and quality of the\nprescribed service provided, or proposed to be provided; but\n(b) disregarding the charges fixed for access to the prescribed\nservice.\n(5) A private port operator does not contravene subsection (1) if the\nconduct is constituted by:\n(a) a refusal to alter or add to port facilities if, in the reasonable\nopinion of the private port operator, the alteration or addition is\nnot required for the provision of the requested prescribed\nservice; or\n(b) an act done in accordance with the operator's access policy;\nor\n(c) a reasonable act done:\n(i) because of an emergency; or\n(ii) in order to avert or minimise an imminent threat of:\n(A) death, or serious injury, to any person; or\n\nPorts Management Act 2015 93\n(B) loss of, or serious damage to, property; or\n(C) material harm to the environment.\ncompetitor, of a private port operator or private pilotage provider,\nmeans an entity that has, or seeks to have, access to the\nprescribed service to compete in a market with the operator or\nprovider or a related body corporate of the operator or provider.\n","sortOrder":135},{"sectionNumber":"125","sectionType":"section","heading":"Unfairly differentiating","content":"125 Unfairly differentiating\n(1) In negotiating arrangements to provide access to any prescribed\nservice, or a change to any such arrangement, a private port\noperator or private pilotage provider must not unfairly differentiate\nbetween port users in a way that has a material adverse effect on\nthe ability of one or more of the port users to compete with other\nport users.\n(2) Subsection (1) does not prevent a private port operator treating port\nusers differently to the extent the different treatment is:\n(a) due to a refusal of a kind mentioned in section 124(5)(a); or\n(b) reasonably justified because of the different circumstances,\nrelating to access to the prescribed service, applicable to the\nport operator or any of the port users; or\n(c) expressly required or permitted by the operator's access\npolicy.\n(2A) In addition, subsection (1) does not prevent a private pilotage\nprovider treating port users differently to the extent the different\ntreatment is reasonably justified because of the different\ncircumstances, relating to access to the prescribed service,\napplicable to the provider or any of the port users.\n(3) To avoid doubt:\n(a) this section does not operate to prevent a private port operator\nor private pilotage provider from applying a different charge to\ndifferent port users for the provision of the same prescribed\nservice; and\n(b) subsections (2) and (2A) do not authorise a private port\noperator or private pilotage provider to engage in conduct for\nthe purpose of preventing or hindering a port user's access to\nthe prescribed service.\n\nPorts Management Act 2015 94\n","sortOrder":136},{"sectionNumber":"126","sectionType":"section","heading":"Enforcement of obligations","content":"126 Enforcement of obligations\n(1) This section applies if, on the application of a person, a court of\ncompetent jurisdiction is satisfied that a private port operator or\nprivate pilotage provider has engaged, is engaging, or proposes to\nengage in conduct constituting a contravention of section 124(1)\nor 125(1).\n(2) The court may make all or any of the following orders:\n(a) an order granting an injunction, on terms the court considers\nappropriate:\n(i) restraining the private port operator or private pilotage\nprovider from engaging in the conduct; or\n(ii) if the conduct involves failing to do something – requiring\nthe private port operator or private pilotage provider to\ndo the thing;\n(b) an order directing the private port operator or private pilotage\nprovider to compensate a person for loss or damage suffered\nby the person because of the contravention;\n(c) another order the court considers appropriate.\n(3) If the court has power under subsection (2)(a) to make an order\nagainst a private port operator or private pilotage provider, it may\nmake any other order (including granting an injunction) it considers\nappropriate against any other person involved in the contravention\nconcerned.\n","sortOrder":137},{"sectionNumber":"127","sectionType":"section","heading":"Access policy","content":"127 Access policy\n(1) A private port operator commits an offence if:\n(a) the operator fails to prepare a draft access policy in\naccordance with this section; or\n(b) the operator fails to give the operator's initial draft access\npolicy to the Regulator by the date specified in, or calculated\nin accordance with, the regulations; or\n(c) the operator fails to give a new draft access policy to the\nRegulator before its existing access policy nominally expires\nunder subsection (10).\n\nPorts Management Act 2015 95\n(2) An access policy:\n(a) must be in accordance with any requirements prescribed by\nregulation; and\n(b) must contain any matter required by the Minister under\nsection 129; and\n(c) may consist of more than one document.\n(2A) After preparing a draft access policy, other than an amended policy\nprepared under subsection (5) or (6), a private port operator must:\n(a) consult with port users on the draft policy; and\n(b) prepare a written summary of the comments received during\nthe consultations; and\n(c) when giving the draft policy to the Regulator, also give the\nRegulator a copy of the summary.\n(3) After receiving a draft access policy, the Regulator must give the\nprivate port operator written notice of one of the following:\n(a) that the Regulator approves the draft policy;\n(b) that the Regulator does not approve the draft policy because it\ndoes not meet the requirements of subsection (2) and that the\nprivate port operator must amend the draft policy, as directed\nby the Regulator, so it meets those requirements.\n(3A) Notice under subsection (3) must be given:\n(a) within 60 days after the Regulator receives the draft access\npolicy; or\n(b) if, during that 60 day period, the Regulator gives the private\nport operator written notice that it needs more time to consider\nthe draft access policy – within 120 days after the Regulator\nreceives the policy.\n(4) The Regulator must approve a draft access policy that meets the\nrequirements of subsection (2).\n(5) A private port operator who receives a notice mentioned in\nsubsection (3)(b) must, within 30 days after the date of the notice,\nresubmit the draft access policy, amended as directed, to the\nRegulator, for approval under this section.\n\nPorts Management Act 2015 96\n(6) A private port operator may amend a draft access policy that has\nnot been approved and give it to the Regulator.\n(7) Subsections (3) to (5) apply to an amended draft access policy in\nthe same way that they apply to the initial draft.\n(8) If the Regulator fails to act in accordance with subsection (3) within\nthe period allowed under subsection (3A), the draft access policy is\ntaken to have been approved by the Regulator on the expiration of\nthat period.\n(9) On being approved, the policy is the access policy of the private\nport operator for this Division until it is replaced with a new access\npolicy prepared by the operator and approved by the Regulator.\n(10) An access policy nominally expires on:\n(a) the day that is 5 years after the day on which it was approved\nby the Regulator; or\n(b) if the policy states that it nominally expires on an earlier date –\nthe earlier date.\n(12) A private port operator must comply with its access policy.\n(13) To avoid doubt, a private port operator must continue to comply\nwith its access policy, even if it has nominally expired under\nsubsection (10), until it is replaced with a new access policy\nprepared by the operator and approved by the Regulator.\n","sortOrder":138},{"sectionNumber":"128","sectionType":"section","heading":"Guidelines","content":"128 Guidelines\n(1) The Regulator must, in accordance with the regulations, issue\nguidelines about the prescribed matters in relation to reports\nrelating to access policies under section 130.\n(1A) The regulations may include among the prescribed matters any\nmatter about which the Regulator considers that guidelines should\nbe issued with a view to assisting the Regulator in determining\nwhether a private port operator is complying with its access policy.\n(2) The guidelines must be published in the Gazette and made\navailable for inspection free of charge at the office of the Regulator.\n","sortOrder":139},{"sectionNumber":"129","sectionType":"section","heading":"Content required by Minister","content":"129 Content required by Minister\nThe Minister may, by Gazette notice, require that an access policy\ndeal with a matter specified in the notice.\n\nPorts Management Act 2015 97\n","sortOrder":140},{"sectionNumber":"130","sectionType":"section","heading":"Reporting","content":"130 Reporting\n(1) A private port operator must, no later than 30 September in each\nyear, make an annual report to the Regulator on any material\ninstance of non-compliance with the operator's access policy that\noccurred during the immediately preceding financial year.\n(2) In addition, a private port operator must make any other report on a\nmaterial instance of non-compliance with its access policy that is\nrequired by regulation.\n(3) A report under subsection (1) or (2) must be prepared in\naccordance with any guidelines issued under section 128.\n","sortOrder":141},{"sectionNumber":"131","sectionType":"section","heading":"Information required by Regulator","content":"131 Information required by Regulator\n(1) The Regulator may, by written notice given to a private port\noperator, at any time require the private port operator to give, within\nthe period specified in the notice, information of a kind so specified\non:\n(a) any matter arising out of a report under section 130(1) or (2);\nor\n(b) the private port operator's compliance with section 124(1)\nor 125(1).\n(1A) The Regulator may, by written notice given to a private pilotage\nprovider, at any time require the provider to give, within the period\nspecified in the notice, information of a kind so specified on the\nprovider's compliance with section 124(1) or 125(1).\n(2) A notice given under subsection (1) or (1A) is taken to be a notice\ngiven under section 25(1) of the Utilities Commission Act 2000.\n","sortOrder":142},{"sectionNumber":"132","sectionType":"section","heading":"Determinations by Regulator","content":"132 Determinations by Regulator\n(1) The Regulator is authorised to make a determination under\nsection 20(1)(a) of the Utilities Commission Act 2000 relating to the\ncharges fixed by a private port operator or private pilotage provider\nin relation to the provision of prescribed services (a price\ndetermination).\n(2) A price determination must be consistent with:\n(a) the regulations; and\n(b) the access and pricing principles specified in section 133.\n\nPorts Management Act 2015 98\n(2A) The regulations may require the Regulator:\n(a) to send a copy of a draft price determination to specified\npersons, invite submissions on the draft from those persons\nand consider any submissions received; and\n(b) to send a copy of a price determination to specified persons\nand publish the determination on the Regulator's website.\n(3) A price determination may require a private port operator or private\npilotage provider to whom it applies to publish at a specified time\ninformation of a specified kind relating to specified prices.\n(4) A price determination cannot have effect for a period of more than\n3 years.\n(4A) A price determination must specify its expiry date.\n(5) The Regulator must give written notice to the Minister and a private\nport operator or private pilotage provider as soon as practicable\nafter becoming aware that the operator or provider has fixed, or\nproposes to fix, a charge that the Regulator considers to be\ninconsistent with a price determination.\n","sortOrder":143},{"sectionNumber":"133","sectionType":"section","heading":"Access and pricing principles","content":"133 Access and pricing principles\nThe access and pricing principles for this Part are as follows:\n(a) the price of access to a prescribed service should be set so as\nto:\n(i) generate expected revenue from the service that is at\nleast sufficient to meet the efficient costs of providing\naccess to it; and\n(ii) include a return on investment commensurate with the\nregulatory and commercial risks involved;\n(b) price structures should:\n(i) allow multi-part pricing and price discrimination when it\naids efficiency; and\n(ii) not allow a vertically integrated provider of access to\nservices to set terms and conditions that discriminate in\nfavour of its downstream operations, except to the extent\nthat the cost of providing access to others is higher;\n(c) access pricing regimes should provide incentives to reduce\ncosts or otherwise improve productivity.\n\nPorts Management Act 2015 99\n","sortOrder":144},{"sectionNumber":"134","sectionType":"section","heading":"Regulations","content":"134 Regulations\n(1) Regulations may be made that specify a form of price regulation for\nprescribed services.\n(2) Without limiting subsection (1), the form specified may include any,\nor a combination, of the following:\n(a) monitoring the price levels of a specified prescribed service;\n(b) requiring private port operators or private pilotage providers to\ncomply with pricing policies or principles;\n(c) fixing the price of a prescribed service or the rate of increase\nor decrease in such a price;\n(d) fixing a maximum price for a specified prescribed service;\n(e) fixing a maximum revenue in relation to a specified prescribed\nservice;\n(f) applying an average price cap to a basket of prescribed\nservices;\n(g) revenue yield control;\n(h) any other form of economic regulation used by an\nindependent regulatory body.\n(3) However, regulations may only be made under this section that\nchange the form of price regulation for prescribed services then\napplying if the Minister certifies in writing to the Administrator that:\n(a) the draft regulations are consistent with a written\nrecommendation for that change made to the Minister by the\nRegulator following a process of public consultation on the\nproposed change engaged in by the Regulator, including\nconsultation with private port operators and private pilotage\nproviders likely to be affected by the proposed change; and\n(b) the Minister is satisfied that the likely cost of the proposed\nchanged form of price regulation will not outweigh the benefits\nof applying it.\n(4) Regulations under this section must not be inconsistent with the\naccess and pricing principles specified in section 133.\n\nPorts Management Act 2015 100\nindependent regulatory body means a body established under an\nAct of the Territory, the Commonwealth, a State or another Territory\nthat:\n(a) is not subject to direction or control by a Minister of that\njurisdiction; and\n(b) has a function relating to the regulation of access to a service,\nor the economic regulation of services, provided by a facility.\n","sortOrder":145},{"sectionNumber":"135","sectionType":"section","heading":"Relationship with Utilities Commission Act 2000","content":"135 Relationship with Utilities Commission Act 2000\nIf there is an inconsistency between a provision of this Division and\na provision of the Utilities Commission Act 2000, the provision of\nthis Division prevails to the extent of the inconsistency.\n","sortOrder":146},{"sectionNumber":"136","sectionType":"section","heading":"Power of Regulator to require information","content":"136 Power of Regulator to require information\n(1) The Regulator may require a private port operator or private\npilotage provider to give the Regulator information or documents\nrelating to a particular charge fixed by the operator or provider.\n(2) A requirement may only be made under subsection (1) by written\nnotice given to the private port operator or private pilotage provider.\n(3) The notice must:\n(a) specify the information or documents, or kind of information or\ndocuments, to which it applies; and\n(ab) state that the information and documents provided must be\ncertified as accurate by the Chief Executive Officer of, or\nanother specified officer of, the private port operator or private\npilotage provider; and\n(b) state the time and manner (which must be reasonable) for the\nprovision of that information or those documents.\n(4) The Regulator may only give a notice under subsection (1) if\nsatisfied that:\n(a) the provision of the information or documents is reasonably\nnecessary for achieving the object of this Part; and\n\nPorts Management Act 2015 101\n(b) the likely cost to the private port operator or private pilotage\nprovider of complying with the requirement is not\ndisproportionate to the benefit that provision of the information\nor documents will provide for achieving that object.\n(5) A private port operator or private pilotage provider required to give\ninformation or documents by a notice under subsection (1) must do\nso within the time and in the manner stated in the notice.\n(6) An offence against subsection (5) is an offence of strict liability.\nsubsection (5) if the defendant has a reasonable excuse.\n(8) It is not a reasonable excuse that compliance would breach a duty\nof confidentiality.\n","sortOrder":147},{"sectionNumber":"137","sectionType":"section","heading":"Confidentiality of information","content":"137 Confidentiality of information\n(1) A private port operator or private pilotage provider may, when\ngiving information in response to a notice under section 131(1)\nor 136(1), claim that the information is confidential if it appears to\nthe operator or provider that disclosure of the information:\n(a) could adversely affect the competitive position of the operator\nor provider or any other person; or\n(b) would result in the operator or provider being in breach of a\nduty of confidentiality owed to another person.\n(2) A claim that information is confidential must be accompanied by a\ndetailed statement of the reasons in support of the claim and is not\nduly made unless accompanied by such a statement.\n(3) The Regulator must take all reasonable steps to prevent the\ndisclosure of information that is claimed to be confidential unless\nthe disclosure is authorised by this section.\n(4) The disclosure of information that is claimed to be confidential is\nauthorised if:\n(a) the disclosure is for the purposes of the administration of this\nPart and to a person engaged in that administration; or\n(b) the disclosure is made with the consent of the person who\ngave the information and, if disclosure could adversely affect\nthe competitive position of another person, that other person;\nor\n\nPorts Management Act 2015 102\n(c) the disclosure is authorised or required under any other law of\nthe Territory; or\n(d) the disclosure is authorised or required by a court; or\n(e) the disclosure is, in the opinion of the Regulator, in the public\ninterest and the Regulator is of the opinion that the public\nbenefit in disclosing the information outweighs any detriment\nthat might be suffered by a person as a result of the\ndisclosure.\n(5) In addition, the disclosure of information that is claimed to be\nconfidential is authorised if the Regulator is of the opinion that there\nare insufficient grounds for the claim.\n(6) However, the Regulator, before disclosing information as\nmentioned in subsection (5), must give the person who made the\nclaim of confidentiality written notice of the proposed disclosure and\nthe reasons for it.\n(7) A disclosure of information authorised by this section does not\nconstitute a breach of any duty of confidentiality (either by the\nperson making the disclosure or by the private port operator or\nprivate pilotage provider).\n","sortOrder":148},{"sectionNumber":"138","sectionType":"section","heading":"Definition","content":"138 Definition\nrelevant function means any of the following functions of the port\noperator of a designated port:\n(a) functions under Part 5, Divisions 2 and 3;\n(b) functions in relation to the movement, handling or storage of\ndangerous goods under this Act;\n(c) functions in relation to the closure of waters of the port under\nsection 50;\n(d) functions in relation to pilotage under Part 8, Division 3;\n(e) functions in relation to marine navigational aids under Part 9.\n\nPorts Management Act 2015 103\n","sortOrder":149},{"sectionNumber":"139","sectionType":"section","heading":"Nature of step-in rights","content":"139 Nature of step-in rights\n(1) A step-in right is the right of the regional harbourmaster for a\ndesignated port:\n(a) to direct, orally or in writing, the port operator of the port to\nexercise a relevant function in the manner, and within the\nperiod, specified in the direction; and\n(b) if the port operator fails to comply with the direction without a\nreasonable excuse – to exercise the relevant function that the\nport operator failed to exercise.\n(2) For subsection (1)(a), the regional harbourmaster must confirm in\nwriting as soon as practicable a direction that is given orally.\n(3) For subsection (1)(b), the regional harbourmaster may exercise the\nrelevant function as if the regional harbourmaster were the port\noperator of the designated port.\n(4) To enable the regional harbourmaster to exercise the relevant\nfunction, the regional harbourmaster, accompanied by any\nassistants the regional harbourmaster requires, may:\n(a) enter any land or premises occupied by the port operator; and\n(b) gain access to, and operate, any computer or other equipment\nor facilities on the premises; and\n(c) require any person who is on the premises:\n(i) to provide access to, or to operate, any computer or\nother equipment or facilities; and\n(ii) to give any other assistance that the regional\nharbourmaster reasonably requires.\n(5) The regional harbourmaster may require a port management officer\nfor the designated port to exercise, in the manner required by the\nregional harbourmaster, any function the officer has under this or\nany other Act.\n(6) If a port management officer fails to comply with a requirement\nunder subsection (5), the regional harbourmaster may exercise the\nfunction as if the regional harbourmaster were the port\nmanagement officer.\n(7) The regional harbourmaster may exercise a relevant function\nirrespective of whether the port operator has been charged with, or\nfound guilty, of an offence against section 141(1).\n\nPorts Management Act 2015 104\n","sortOrder":150},{"sectionNumber":"140","sectionType":"section","heading":"When step-in rights may be exercised","content":"140 When step-in rights may be exercised\nThe regional harbourmaster for a designated port may exercise\nstep-in rights only if of the opinion that it is necessary to do so:\n(b) in order to avert or minimise a threat of:\n(i) actual or potential death, or serious injury, to any person;\nor\n(ii) actual or potential loss of, or serious damage to,\nproperty; or\n(iii) actual or potential harm to the environment.\n","sortOrder":151},{"sectionNumber":"141","sectionType":"section","heading":"Port operator must comply with direction","content":"141 Port operator must comply with direction\n(1) A port operator of a designated port commits an offence if:\n(a) the regional harbourmaster gives a direction to the port\noperator under section 139(1)(a); and\n(b) the port operator fails to comply with the direction.\n(4) A port operator does not contravene the marine legislation merely\nby complying with the direction.\n","sortOrder":152},{"sectionNumber":"142","sectionType":"section","heading":"Protection for port operator","content":"142 Protection for port operator\n(1) The port operator of a designated port, a port management officer\nof the port or any other employee, officer or agent of the port\noperator, is not personally liable for anything done or omitted to be\ndone by them in good faith:\n(a) for the purpose of complying with a direction given by, or a\nrequirement of, the regional harbourmaster under section 139;\nor\n(b) in the reasonable belief that the act or omission was for the\npurpose of complying with a direction or requirement\nmentioned in paragraph (a).\n\nPorts Management Act 2015 105\n(2) Any liability resulting from an act or omission that, but for\nsubsection (1) would attach to the port operator, port management\nofficer or other person, attaches instead to the Territory.\n","sortOrder":153},{"sectionNumber":"143","sectionType":"section","heading":"Port operator liable for costs","content":"143 Port operator liable for costs\n(1) The port operator of a designated port is liable to pay all costs\nincurred by the regional harbourmaster for the port in exercising a\nstep-in right under section 139.\n(2) An amount that the port operator is liable to pay under\nsubsection (1) for costs may be recovered as a debt due and\npayable to the Territory.\n(3) Any such amount is additional to any penalty imposed for an\noffence against section 141(1).\n","sortOrder":154},{"sectionNumber":"144","sectionType":"section","heading":"Failure to comply with requirement","content":"144 Failure to comply with requirement\n(a) the person is required to do anything under section 139(4)(c);\nand\n(b) the person fails to comply with the requirement.\n(2) A port management officer commits an offence if:\n(a) the officer is required to do anything under section 139(5); and\n(b) the officer fails to comply with the requirement.\n(3) An offence against subsection (1) or (2) is an offence of strict\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n","sortOrder":155},{"sectionNumber":"145","sectionType":"section","heading":"Reviewable decisions","content":"145 Reviewable decisions\n(1) A reviewable decision is a decision specified in Schedule 1.\n\nPorts Management Act 2015 106\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 1 opposite the decision.\n(3) An affected person for a reviewable decision may apply to the\nTribunal for a review of the decision.\n","sortOrder":156},{"sectionNumber":"146","sectionType":"section","heading":"Protection from liability","content":"146 Protection from liability\n(1) This section applies to:\n(a) the Territory; and\n(b) the Minister; and\n(c) a regional harbourmaster; and\n(d) an Agency; and\n(e) the Competent Authority; and\n(f) a person acting, within the scope of their employment or\nengagement, on behalf of the Territory, the Minister, a regional\nharbourmaster, an Agency or the Competent Authority; and\n(g) a port operator of a designated port, or a person acting on\nbehalf of such an operator, in doing or omitting to do anything\nfor the purpose of enforcing compliance with a port notice; and\n(h) a port operator of a designated port, or a person acting on\nbehalf of such an operator, in doing or omitting to do anything\nfor the purposes of Part 5, Division 2 or 3; and\n(i) a police officer.\n(2) An entity to which this section applies is not civilly or criminally\nliable for an act done or omitted to be done by the entity in good\nfaith in the exercise of a function under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3A) This section has effect subject to Part VIIA of the Police\nAdministration Act 1978.\nexercise, of a function, includes the purported exercise of the\nfunction.\n\nPorts Management Act 2015 107\n","sortOrder":157},{"sectionNumber":"147","sectionType":"section","heading":"Liability of owner and master","content":"147 Liability of owner and master\n(1) The owner of a vessel is liable for loss or damage caused by the\nvessel within a designated port with or without proof of negligence\nor intent.\n(2) The master of a vessel, with proof of negligence or intent, is jointly\nand severally liable with the owner for loss or damage caused by\nthe vessel within a designated port.\n","sortOrder":158},{"sectionNumber":"148","sectionType":"section","heading":"Effect of things done under Act","content":"148 Effect of things done under Act\n(1) This section applies to the following:\n(a) the enactment, commencement or operation of this Act or the\nmaking, commencement or operation of any statutory\ninstrument made under this Act (including a statutory\ninstrument that amends this Act);\n(b) the amendment, repeal or modification by this Act of any law\nof the Territory;\n(c) any alteration resulting from this Act to any rules applicable to\nthe management or operation of a designated port (including\nany notices, directions or orders issued or given, or policies\nadopted, by the Darwin Port Corporation under the Darwin\nPort Corporation Act 1983 before its repeal);\n(d) the doing, or omitting to do, of any other act, matter or thing\nunder, or for, this Act or any statutory instrument made under\nthis Act.\n(2) The acts, matters or things to which this section applies:\n(a) are not to be regarded as placing any person in breach of\ncontract or confidence or as otherwise making any person\nguilty of a civil wrong; and\n(b) are not to be regarded as placing any person in breach of, or\nas constituting a default under:\n(i) any law of the Territory; or\n(ii) any provision in any agreement, arrangement or\nunderstanding including, but not limited to, any provision\nprohibiting, restricting or regulating the assignment or\ntransfer of any property or the disclosure of any\ninformation; and\n\nPorts Management Act 2015 108\n(c) are not to be regarded as fulfilling any condition that allows a\nperson to exercise a right or remedy in respect of, or to\nterminate, any agreement or obligation; and\n(d) are not to be regarded as giving rise to any remedy for a party\nto a contract or an instrument or as causing or permitting the\ntermination of any contract or instrument because of a change\nin the beneficial or legal ownership of any property, right or\nliability; and\n(e) are not to be regarded as causing any contract or instrument\nto be void or otherwise unenforceable; and\n(f) are not to be regarded as frustrating any contract; and\n(g) do not release any surety or other obligee wholly or in part\nfrom any obligation.\n","sortOrder":159},{"sectionNumber":"149","sectionType":"section","heading":"Exemption from local government rates etc.","content":"149 Exemption from local government rates etc.\n(1) This section applies to land owned by a public sector entity within a\ndesignated port.\n(2) The land is exempt from local government rates.\n(3) Subsection (2) does not apply in relation to charges for works\ncarried out or goods or services provided by a local government\ncouncil in relation to the land.\n(4) However, if the land is leased or licensed to the port operator of the\ndesignated port:\n(a) subsection (2) does not apply in relation to local government\nrates in relation to the land for the period for which it is leased\nor licensed; and\n(b) any local government rates in relation to the land for that\nperiod:\n(i) are not payable by the public sector entity; and\n(ii) are payable instead by the port operator.\nleased includes subleased and concurrently leased and subleased.\nlicenced includes sublicenced.\n\nPorts Management Act 2015 109\nlocal government rates means any rates, charges or taxes under\nthe Local Government Act 2019 or Northern Territory Rates\nAct 1971.\n","sortOrder":160},{"sectionNumber":"150","sectionType":"section","heading":"Obstruction of officers","content":"150 Obstruction of officers\n(a) the person obstructs another person; and\n(b) the other person is a port management officer or port\nenforcement officer; and\n(c) the person knows the officer is acting in an official capacity.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) Strict liability applies to subsection (1)(b).\nobstruct includes hinder and resist.\n","sortOrder":161},{"sectionNumber":"151","sectionType":"section","heading":"Misleading information","content":"151 Misleading information\n(a) the person gives information to another person; and\n(b) the other person is authorised by this Act to require the\nprovision of that information; and\n(c) the person knows the information is misleading; and\n(d) the person knows the other person is acting in an official\ncapacity.\n(2) A person commits an offence if:\n(a) the person gives a document to another person; and\n(b) the other person is authorised by this Act to require the\nprovision of that document; and\n\nPorts Management Act 2015 110\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the other person is acting in an official\ncapacity.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the other\nperson's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe other person the information necessary to remedy the\nmisleading aspect of the document.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":162},{"sectionNumber":"152","sectionType":"section","heading":"Prosecutions under Act","content":"152 Prosecutions under Act\nProceedings for an offence against this Act must be commenced\nwithin:\n(a) 2 years after the commission of the alleged offence; or\n(b) 1 year after the day on which the alleged offence was first\ndiscovered.\n","sortOrder":163},{"sectionNumber":"153","sectionType":"section","heading":"Port operator may not perform certain functions","content":"153 Port operator may not perform certain functions\n(1) While the DMSB agreement is in force, the port operator of the Port\nof Darwin may not exercise the following functions in relation to\noffshore industry supply services:\n(a) providing, maintaining, operating or controlling services or\nfacilities for:\n(i) the berthing, mooring, loading or unloading of vessels; or\n\nPorts Management Act 2015 111\n(ii) the storage of goods at, or transport of goods to and\nfrom, a place where they are to be loaded on or\nunloaded from a vessel; or\n(iii) the reception, handling, packing or unpacking or repair\nof containers; or\n(iv) the employment of stevedores or other persons within\nthe Port of Darwin;\n(b) acquiring, erecting, maintaining or operating:\n(i) warehouses, storehouses, bins or tanks for the reception\nand holding of fuel (whether solid or liquid) or liquids; or\n(ii) yards for the holding of animals.\n(2) Despite subsection (1), the port operator may perform the functions\nmentioned in that subsection in relation to offshore industry supply\nservices if:\n(a) the DMSB operator is unable to provide those services\nbecause:\n(i) there is a major incident; or\n(ii) there has been a delay of 24 hours or more in\naccommodating an offshore industry support vessel at a\nwharf at the DMSB; or\n(b) the DMSB operator requests the port operator to perform one\nor more of the functions on a temporary basis; or\n(c) the offshore industry supplies in relation to which the port\noperator performs the function are only ancillary to a general\ncargo.\nDMSB (which is an acronym for Darwin Marine Supply Base)\nmeans the area of land and facilities provided by the Territory to the\nDMSB operator for the provision of offshore industry supply\nservices.\nDMSB agreement means the agreement relating to the operation\nof the DMSB entered into by the Territory and the DMSB operator,\nas amended and in force from time to time.\n\nPorts Management Act 2015 112\nDMSB operator means the person or group of persons responsible\nunder the DMSB agreement for operating the DMSB and:\n(a) if the operator is a person – includes the successors and\nassignees of the person; and\n(b) if the operator is a group of persons – includes a member of\nthe group and the successors and assignees of the group and\nof a member of the group; and\n(c) includes a contractor or other person acting for or on behalf of\nthe DMSB operator.\nmajor incident means an occurrence that prevents, or significantly\ndisrupts, the operation of the DMSB.\noffshore industry means offshore oil and gas facilities, drilling\nplatforms, pipe-laying vessels and other construction support\nvessels for the offshore oil and gas exploration, production and\nprocessing industries.\noffshore industry supplies means goods carried to offshore\nindustry by offshore industry support vessels.\noffshore industry supply services means the following services\nbut does not include non-wharf face activities such as pilotage and\nmooring:\n(a) the services of transhipping personnel or offshore industry\nsupplies to or from offshore industry;\n(b) servicing or supporting offshore industry support vessels;\n(c) handling general cargo if that cargo is ancillary to offshore\nindustry supplies.\noffshore industry support vessel includes offshore support\nvessels, anchor handling tug supply vessels and similar support\nvessels involved in offshore industry.\n","sortOrder":164},{"sectionNumber":"153A","sectionType":"section","heading":"Delegation by Minister","content":"153A Delegation by Minister\nThe Minister may delegate any of the Minister's powers and\nfunctions under this Act to a person.\n\nDivision 2 Transitional matters for Ports Management Act 2015\nPorts Management Act 2015 113\nDivision 6 Forms\n154 Approved forms\nThe Minister may approve forms for this Act.\nDivision 7 Regulations\n155 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may:\n(a) prescribe fees payable under this Act; or\n(b) provide for an offence against a regulation to be an offence of\nstrict or absolute liability; or\n(c) provide for moorings within a designated port, including the\nmaterials permitted to create moorings and the location and\nuse of moorings.\n","sortOrder":165},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Ports Management","content":"Division 2 Transitional matters for Ports Management\nAct 2015\n","sortOrder":166},{"sectionNumber":"158","sectionType":"section","heading":"Definition","content":"158 Definition\nIn this Division:\ncommencement means the commencement of Part 15, Division 2.\n","sortOrder":167},{"sectionNumber":"159","sectionType":"section","heading":"Port safety plan for Port of Darwin","content":"159 Port safety plan for Port of Darwin\n(1) This section applies to a port safety plan approved under\nsection 20A of the Darwin Port Corporation Act 1983 that is in force\nimmediately before the commencement.\n(2) On and from the commencement, the plan is taken to be a port\nsafety plan for the Port of Darwin approved by the regional\nharbourmaster for that port under Part 5, Division 1.\n\nDivision 2 Transitional matters for Ports Management Act 2015\nPorts Management Act 2015 114\n","sortOrder":168},{"sectionNumber":"160","sectionType":"section","heading":"Stevedore licences","content":"160 Stevedore licences\n(1) This section applies to a licence to carry on a business of a\nstevedore within the Port of Darwin issued under Part 3, Division 2\nof the Darwin Port Corporation Act 1983 that is in force immediately\nbefore the commencement.\n(2) On and from the commencement, the licence is taken to be a\nlicence issued under Part 6 and continues in force for the balance\nof the duration for which it was issued and subject to the conditions\nto which it was subject immediately before the commencement.\n","sortOrder":169},{"sectionNumber":"161","sectionType":"section","heading":"Monitoring of port notices for Port of Darwin","content":"161 Monitoring of port notices for Port of Darwin\nDespite section 62(1):\n(a) the first date by which the port operator of the Port of Darwin\nmust comply with section 62(1) is 31 March 2016; and\n(b) the details to be given under paragraph (a) are of reportable\nmatters occurring in the period starting on the date on which\nthe port operator became the port operator of the Port of\nDarwin and ending on 31 December 2015.\n","sortOrder":170},{"sectionNumber":"162","sectionType":"section","heading":"Pilotage","content":"162 Pilotage\n(1) This section applies to a pilotage licence or pilotage exemption\ncertificate issued under section 171 of the Marine Act 1981 that is in\nforce immediately before the commencement.\n(2) On and from the commencement, the licence or certificate is taken\nto be a pilotage licence or pilotage exemption certificate issued\nunder Part 8, Division 4 and continues in force for the balance of\nthe term for which it was issued and subject to the conditions to\nwhich it was subject immediately before the commencement.\n","sortOrder":171},{"sectionNumber":"163","sectionType":"section","heading":"Technical and safety standards for Port of Darwin","content":"163 Technical and safety standards for Port of Darwin\n(1) This section applies to technical and safety standards for pilotage\nand the provision of pilotage services in relation to the Port of\nDarwin made under section 26A(1) of the Darwin Port Corporation\nAct 1983 that are in force immediately before the commencement.\n(2) On and from the commencement, the standards are taken to be\ntechnical and safety standards for pilotage and the provision of\npilotage services in the Port of Darwin made under section 67.\n\nDivision 3 Transitional matters for Ports Legislation Amendment Act 2020\nPorts Management Act 2015 115\nDivision 3 Transitional matters for Ports Legislation\nAmendment Act 2020\n164 Definitions\nIn this Division:\ncommencement means the commencement of Part 2 of the Ports\nLegislation Amendment Act 2020.\nformer Act means this Act, as in force immediately before the\ncommencement.\n","sortOrder":172},{"sectionNumber":"165","sectionType":"section","heading":"Directions","content":"165 Directions\n(1) This section applies in relation to a direction given under section 38,\n41, 42, 43 or 44 of the former Act before the commencement.\n(2) The former Act continues to apply in relation to the direction, as if\nthe Ports Legislation Amendment Act 2020 had not commenced.\n","sortOrder":173},{"sectionNumber":"166","sectionType":"section","heading":"Access policies","content":"166 Access policies\n(1) This section applies to an access policy approved under the former\nAct that was the access policy of a private port operator\nimmediately before the commencement.\n(2) On the commencement, the access policy is taken to be an access\npolicy approved under section 127 that:\n(a) states that it nominally expires on 30 June 2022; and\n(b) is in accordance with the requirements prescribed by\nregulation.\n\nPorts Management Act 2015 116\nsection 145\nReviewable decision Affected person\nA decision by the regional harbourmaster\nfor a designated port to withhold an\napproval under section 53(1) or impose a\ncondition on such an approval\nThe person seeking to do\nthe thing mentioned in\nsection 53(1)(a), (b) or (c)\nA decision by the Minister to refuse an\napplication under section 54(1)\nThe applicant\nsection 55(1) to suspend or cancel a\nlicence under Part 6\nThe licence holder\nA decision of a pilotage authority of a kind\nmentioned in section 84(1)\nThe person to whom the\ndecision relates\nsection 89(1) to terminate, or suspend for a\nspecified period, the appointment of a\nperson as a pilotage services provider\nThe pilotage services\nprovider\nsection 89(3) to vary a condition of the\nappointment of a person as a pilotage\nservices provider\nThe pilotage services\nprovider\n\nPorts Management Act 2015 117\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPorts Management Act 2015 (Act No. 11, 2015)\nAssent date 22 May 2015\nCommenced pt 14, div 1: nc (rep by Act No. 33, 2019 before comm); pt 15,\ndiv 2: 1 July 2015; rem: 9 June 2015 (Gaz S57, 9 June 2015,\np 2)\nPorts Management (Repeals and Related and Consequential Amendments) Act 2015\n(Act No. 12, 2015)\nAssent date 22 May 2015\nCommenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and\n54 to 56: nc (Act rep by Act No. 20, 2020, before comm);\nrem: 1 July 2015 (Gaz S57, 9 June 2015, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\n\nPorts Management Act 2015 118\nPorts Legislation Amendment Act 2020 (Act No. 20, 2020)\nAssent date 1 July 2020\nCommenced 30 July 2020 (Gaz G30, 29 July 2020, p 1)\nTransport Legislation Amendment Act 2022 (Act No. 1, 2022)\nAssent date 1 March 2022\nCommenced 4 May 2022 (Gaz S20, 29 April 2022)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 49, 63, 81, 86, 99, 107,\n119, 131, 132, 135, 148, 149, 159, 160, 162 and 163.\n4 LIST OF AMENDMENTS\ns 3 amd No. 12, 2015, s 44; No. 20, 2020, s 4\ns 20A ins No. 20, 2020, s 5\ns 32 amd No. 20, 2020, s 6\ns 38 amd No. 20, 2020, s 7\ns 39 sub No. 20, 2020, s 8\ns 40 amd No. 20, 2020, s 9\npt 5\ndiv 3 hdg sub No. 20, 2020, s 10\nss 40A – 40B ins No. 20, 2020, s 10\ns 40C ins No. 1, 2022, s 20\nss 41 – 43 sub No. 20, 2020, s 10\ns 44 sub No. 20, 2020, s 10\namd No. 1, 2022, s 21\ns 44A ins No. 20, 2020, s 10\namd No. 1, 2022, s 22\nss 44B – 44C ins No. 20, 2020, s 10\ns 50 amd No. 20, 2020, s 11\ns 51 amd No. 20, 2020, s 12\ns 52 amd No. 20, 2020, s 13\npt 5\ndiv 6 hdg amd No. 20, 2020, s 14\ns 53 amd No. 12, 2015, s 45; No. 20, 2020, s 15\ns 59 amd No. 20, 2020, s 16\ns 62 amd No. 20, 2020, s 17\ns 63 amd No. 20, 2020, s 18\ns 64 amd No. 20, 2020, s 19\ns 67 amd No. 20, 2020, s 20\ns 73 amd No. 20, 2020, s 21\ns 76 amd No. 12, 2015, s 46\ns 87 amd No. 12, 2015, s 47\ns 96 amd No. 12, 2015, s 48\ns 101 amd No. 20, 2020, s 42\ns 104 amd No. 20, 2020, s 42\ns 108 amd No. 12, 2015, s 49\ns 118 sub No. 20, 2020, s 22\ns 119 amd No. 20, 2020, s 23\ns 121 amd No. 20, 2020, s 24\ns 123 amd No. 20, 2020, s 25\n\nPorts Management Act 2015 119\ns 124 amd No. 20, 2020, s 26\ns 125 amd No. 20, 2020, s 27\ns 126 amd No. 20, 2020, s 28\ns 127 amd No. 20, 2020, s 29\ns 128 amd No. 12, 2015, s 50\ns 131 amd No. 20, 2020, s 30\ns 132 amd No. 12, 2015, s 51; No. 20, 2020, s 31\ns 134 amd No. 20, 2020, s 32\ns 136 amd No. 20, 2020, s 33\ns 137 amd No. 20, 2020, s 34\ns 143 amd No. 20, 2020, s 42\ns 146 amd No. 20, 2020, s 35\ns 148 amd No. 20, 2020, s 36\ns 149 amd No. 20, 2020, s 37; No. 39, 2019, s 370\npt 13\ndiv 5A hdg ins No. 20, 2020, s 38\ns 153A ins No. 20, 2020, s 38\ns 155 amd No. 12, 2015, s 53; No. 20, 2020, s 39\ns 156 exp No. 11, 2015, s 156(3)\npt 14\ndiv 1 hdg rep No. 33, 2019, s 52\ns 157 rep No. 33, 2019, s 52\npt 14\ndiv 3 hdg ins No. 20, 2020, s 40\nss 164 – 166 exp No. 11, 2015, s 197\nins No. 20, 2020, s 40\npt 15 hdg exp No. 11, 2015, s 197\ndiv 1 hdg exp No. 11, 2015, s 197\ndiv 2 hdg exp No. 11, 2015, s 197\ndiv 2\nsdiv 1 hdg exp No. 11, 2015, s 197\nss 167 – 172 exp No. 11, 2015, s 197\ndiv 2\nsdiv 2 hdg exp No. 11, 2015, s 197\nss 173 – 196 exp No. 11, 2015, s 197\ndiv 3 hdg exp No. 11, 2015, s 197\ns 197 exp No. 11, 2015, s 197\nsch 1 amd No. 12, 2015, s 57; No. 20, 2020, s 41\nsch 2 rep No. 33, 2019, s 52","sortOrder":174}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act has been amended to extend beyond a narrow port‑management safety and operations statute into a broader economic and emergency‑intervention regime. Notable scope expansions include:\n\n- Formal regulatory oversight of private port and pilotage providers through the Utilities Commission framework (Part 11, ss 117–137), creating price determination powers and mandatory access policies that did not feature in earlier, operationally focused port laws.\n- New statutory \"step‑in\" powers allowing the regional harbourmaster to direct or exercise port operator functions in emergencies and to recover step‑in costs from the operator (Part 12, ss 138–144).\n- Expansion of enforcement and vessel disposal powers, including emergency removal, sale and disposal rules and explicit acquisition/just‑terms protections (ss 40A–44C, 44C).\n- Creation of an appointment/contracting framework for pilotage services providers that permits non‑competitive, exclusive contracts and Ministerial appointments (ss 85–86).\n\nThese amendments materially broadened the Act from a framework for public port management to a mixed regime addressing private commercial regulation, economic oversight, and robust executive emergency powers."},"complexity_factors":["Long statute with many Parts (14 Parts) and approximately 150+ substantive provisions across safety, operations, pilotage, charges, access/regulation and step‑in powers","Large interpretation section (s 3) with many defined terms and cross‑references to other Acts (Marine Act 1981, Marine Pollution Act 1999, Dangerous Goods Act 1998, Utilities Commission Act 2000 and Commonwealth Marine Safety National Law)","Numerous cross‑references and layered obligations between this Act, port operating agreements, regulations and the Utilities Commission Act (eg Parts 2, 10 and 11; ss 9–11, 108–109, 119–136)","Multiple discretionary decision‑makers (Minister, regional harbourmaster, Regulator, port operator) with overlapping powers and timeframes (eg ss 6–11, 19–21, 31, 85–90, 127–133)","Complex conditional logic and exceptions (emergency powers, strict time limits, step‑in triggers, exceptions to destruction/sale of vessels — see ss 40A–44C, 50–52, 139–144)","Many offences with differing penalty levels and frequent application of strict liability (spread through Parts 2–13)","Administrative processes with nested consultation, notice and review steps (eg port safety plans ss 28–36; access policy approval and reporting ss 127–131; Tribunal review Schedule 1)","Significant economic regulation elements (price determinations, access policy approval, confidentiality rules and Regulator information powers) that import regulatory economics complexity (Part 11 ss 119–137)","Statutory step‑in mechanics that grant operational powers to the regional harbourmaster including entry, control of equipment and cost recovery (Part 12 ss 139–144)","Multiple transitional and amendment layers (Ports Legislation Amendment Act 2020; Transport Legislation Amendment Act 2022) that have added new sections and substituted core provisions (see endnotes and list of amendments)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a framework for declaring \"designated ports\" and for naming a single port operator for each designated port (ss 6–8). The Minister makes those declarations by Gazette notice (s 6–8).\n- Gives port operators broad operational duties: run and develop port facilities, keep ports safe and efficient, conduct dredging and hydrographic surveys (ss 12–14). Port operators may also require information from masters, agents and service providers (ss 15–16) and must keep incident records (s 18).\n- Creates a system of regional harbourmasters with supervisory powers over safety, navigation, depths and under-keel clearances and the approval of port safety plans (ss 19–21, 28–33).\n- Authorises port operators and authorised port officers to control vessel movements, issue directions and remove or secure vessels, wrecks or other hazards (Part 5 Divs 2–3: ss 37–44A, 40C). It sets out notice, compliance periods, and cost-recovery and sale/disposal rules where owners do not comply (eg ss 41, 40C, 44–44A).\n- Regulates dangerous goods handling in ports by adopting Australian Standard AS 3846 (or other prescribed standards), requires advance notification, and allows forfeiture on conviction (ss 45–49).\n- Controls access to port waters, permits and approvals for structures and dredging by requiring regional harbourmaster approval and setting offences and penalties (ss 50–53).\n- Creates a licensing regime for stevedores (Part 6 ss 54–56), and a mechanism for port notices that bind port users and can be enforced by port enforcement officers (Part 7 ss 57–62).\n- Establishes compulsory pilotage in pilotage areas within designated ports, licensing and exemption certificates for pilots, and a framework for appointing pilotage services providers (Part 8 ss 63–90). The Minister may appoint a pilotage services provider and enter into pilotage services contracts, including exclusive appointment and contracts without tender (ss 85–86).\n- Allows establishment and control of marine navigational aids, both public and private, and sets duties where aids are damaged or defective (Part 9 ss 93–105).\n- Enables port and pilotage charges (Part 10 ss 106–116), and — for private port operators and private pilotage providers — creates an access and pricing regulatory regime under the Utilities Commission Act (Part 11 ss 117–137). The Regulator can approve access policies, request information, make price determinations, and monitor compliance (ss 119–137).\n- Grants a statutory \"step-in\" power to the regional harbourmaster to direct a port operator to act, and, if the port operator fails to comply in emergency or imminent-harm circumstances, to exercise the operator's functions directly (Part 12 ss 138–144). Costs incurred when the harbourmaster steps in are recoverable from the port operator (s 143).\n- Contains a range of offences (many strict liability), protections from civil liability for officials acting in good faith, and transitional provisions (Parts 13–14).\n\n\nWho it affects\n\n- Port operators (public or private) — primary regulated entity with duties to operate safely, produce port safety plans, collect charges, and comply with regional harbourmaster directions (eg ss 12, 28–36, 108, 141).\n- Ship owners, masters and agents — subject to directions, inspection, information directions, pilotage requirements, fees and potential cost-recovery if vessels are moved, sold or destroyed (eg ss 15, 38–41, 70–74, 40C, 44).\n- Private pilotage providers and stevedores — must be appointed or licensed and comply with safety/record-keeping obligations (Parts 6 and 8).\n- Tenants, licensees, contractors and port users — affected by port notices, access policies and possible differentiated treatment under access rules (Part 7; Part 11 Div 2 ss 124–131).\n- The Regulator (Utilities Commission) and regional harbourmaster — exercise oversight, enforcement, price determinations and step‑in powers (ss 119–136; ss 139–144).\n\n\nWhy it matters (purpose claims and practical trade-offs)\n\n- Purpose claims: the Act sets out to secure safe, efficient port operation and to provide predictable commercial access and pricing where private operators supply essential port services (see objects in Part 11 s 117 and safety‑focused Parts 5 and 8). Those claims are implemented by delegation of operational powers to port operators, supervisory powers to regional harbourmasters, and regulatory oversight of private providers by the Regulator (s 119).\n\n- Who pays and who decides: port operators set many charges (s 108) and can require security or insurance for dangerous cargo (s 46). The Regulator can impose price determinations on private operators (s 132). The Minister appoints port operators and pilotage services providers, and the regional harbourmaster has emergency supervisory powers and the ability to step in (ss 8, 85, 139).\n\n- Behaviour changes and incentives: operators gain commercial levers (charges, port notices, removal/sale powers) that incentivise active port management and internal cost recovery (eg ss 38–44, 108–116). The access and pricing regime constrains discriminatory behaviour and provides a path for regulator-set pricing to protect competitors and users (Part 11 Divs 2–3, ss 124–133).\n\n- Costs, compliance burden and opportunity costs: the Act imposes recurring obligations on port operators — annual safety plan drafting and audits (ss 28–36), record-keeping and reporting (ss 18, 36, 87), compliance with information directions (s 15) and potential liabilities for step-in costs (s 143). Private providers face regulatory reporting and possible price regulation (Part 11). These requirements create administrative costs for operators and suppliers.\n\n- Bureaucratic discretion and implementation risk: the Act vests significant discretionary powers in the Minister, regional harbourmaster and Regulator (eg appointments, approvals, step‑ins, price determinations, and approvals of aids/structures — ss 6–11, 21, 31, 85–90, 95–101, 132–134). Implementation depends on timely exercise of those discretions and on the Regulator’s and harbourmaster’s operational capacity.\n\n- Competition and capture risks: the Act includes mechanisms to promote competition (ss 117–125) but also allows the Minister to appoint pilotage services providers without competitive tender and to enter exclusive contracts (s 86). That combination concentrates decision-making power and creates potential trade-offs between service certainty and the risk of preferential treatment.\n\n- Substitution effects and unintended consequences: court-enforceable injunctions and compensation remedies (s 126) and the power to withhold services for non-compliance (s 114) mean commercial users may face operational disruption or higher costs. Sale/disposal powers for vessels (ss 40C, 41, 44) create property‑acquisition and compensation questions addressed by a just-terms provision (s 44C).\n\nOverall, the Act sets a comprehensive operational and economic regulation regime for Territory ports. It balances port operator autonomy to run ports with oversight powers (regional harbourmaster, Regulator, Minister), but it places substantial administrative obligations and discretionary authority at the hands of regulators and the Minister (see Parts 5, 8, 11 and 12)."},"kimi_summary":{"_metrics":{"completionTokens":730},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in the long title: 'to provide for the control, management and operation of ports, and for related purposes'. The 2020 and 2022 amendments expanded emergency powers and refined economic regulation, but these remain within the core port management framework."},"complexity_factors":["155 sections across 14 Parts with multiple Divisions","47 defined terms in the interpretation section (section 3)","Extensive cross-referencing to other NT legislation (Marine Act 1981, Dangerous Goods Act 1998, Utilities Commission Act 2000, etc.)","Nested conditional logic for emergency powers (sections 40A-40C, 41-44)","Dual regulatory structure: port operators AND regional harbourmasters with overlapping but distinct powers","Strict liability offences with 'reasonable excuse' defences throughout","Economic regulation provisions (Part 11) requiring access policies, price determinations and compliance reporting","Transitional provisions preserving pre-existing licences, plans and standards","Schedule 1 listing 6 categories of reviewable decisions with specific affected persons"],"plain_english_summary":"This is the **Northern Territory's main law for managing ports**, particularly the Port of Darwin. Here's what it does:\n\n**Who runs the ports?**\n- The **Minister** can declare which ports are \"designated ports\" and appoint **port operators** (usually private companies) to run them\n- Port operators enter into **port operating agreements** with the Territory, setting out performance standards and safety requirements\n\n**Safety and day-to-day management**\n- Port operators must prepare annual **port safety plans** identifying hazards and how to manage them, approved by the **regional harbourmaster** (a government officer)\n- The regional harbourmaster can step in and take over port operator functions in emergencies involving threats to life, property or the environment\n- **Port management officers** and **port enforcement officers** can be appointed to help enforce rules\n\n**What can be controlled?**\n- **Vessel movements**: directions about when and how ships enter, leave and move within the port\n- **Dangerous goods**: strict rules for handling hazardous materials, with offences up to 500 penalty units\n- **Wrecks and abandoned vessels**: powers to remove, repair, sell or destroy vessels that endanger shipping or the environment\n- **Closed waters**: temporary closures for safety or security\n- **Marine navigational aids**: lighthouses, buoys and markers\n\n**Pilotage (ship navigation)**\n- Pilotage is **compulsory** in designated port areas\n- Licensed pilots must be used, with strict qualifications and misconduct provisions\n- **Pilotage services providers** can be appointed by the Minister to supply pilots\n\n**Money matters**\n- Port operators and pilotage services providers can fix **charges** for port services\n- **Private port operators** are subject to **economic regulation** by the Utilities Commission to prevent unfair pricing and ensure fair access\n- They must have **access policies** approved by the Regulator\n\n**Who does this affect?**\n- Shipping companies, port operators, stevedores (cargo handlers), licensed pilots, vessel owners and masters, and anyone using Northern Territory ports for commercial purposes\n\n**Key protections**\n- Various **immunities from liability** for officials and port operators acting in good faith\n- **Review rights** to the Civil and Administrative Tribunal for many decisions"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/ports-management-act-2015","history":"/api/acts/ports-management-act-2015/history","analysis":"/api/acts/ports-management-act-2015/analysis","conflicts":"/api/acts/ports-management-act-2015/conflicts","importantCases":"/api/acts/ports-management-act-2015/important-cases","documents":"/api/acts/ports-management-act-2015/documents"}}