{"id":"ports-management-regulations-2015","name":"PORTS MANAGEMENT REGULATIONS 2015","slug":"ports-management-regulations-2015","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177115,"registerId":"nt-ports-management-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PORTS MANAGEMENT REGULATIONS 2015","content":"NORTHERN TERRITORY OF AUSTRALIA\nPORTS MANAGEMENT REGULATIONS 2015\nAs in force at 30 July 2020\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\nPart 2 Pilotage\nDivision 1 Duties of master\n4 Taking pilot on board ....................................................................... 2\nDivision 2 Pilotage licences and pilotage exemption\ncertificates\n5 Issue and renewal of pilotage licence or exemption certificate ........ 2\n6 Variation of conditions ..................................................................... 3\n7 Fees ................................................................................................ 3\nDivision 3 Licensed pilots\n8 Medical fitness of licensed pilot ....................................................... 4\n9 Tugs under pilot's orders ................................................................. 4\n11 Complaints against licensed pilots................................................... 4\nPart 3 Port access and price monitoring\n12 Prescribed services ......................................................................... 4\n13 Requirements in relation to access policies ..................................... 5\n14 Guidelines on reporting in relation to access policies .................... 10\n16 Price determinations ...................................................................... 10\n17 Procedure on making a price determination .................................. 12\n18 Power to negotiate charges ........................................................... 13\nPart 4 Infringement notice offences\n19 Infringement notice offence and prescribed amount payable ........ 13\n20 When infringement notice may be given ........................................ 13\n21 Contents of infringement notice ..................................................... 13\n22 Payment by cheque ....................................................................... 14\n23 Withdrawal of infringement notice.................................................. 14\n\nPorts Management Regulations 2015 ii\n24 Application of this Part ................................................................... 15\nPart 5 Miscellaneous matters\n25 Reportable incidents ...................................................................... 15\n26 Record-keeping and reporting obligations ..................................... 16\n27 Port management officers.............................................................. 18\n28 Pilotage services provider ............................................................. 18\nSchedule Infringement notice offences and\nprescribed amounts\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 July 2020\n____________________\nPORTS MANAGEMENT REGULATIONS 2015\nRegulations under the Ports Management Act 2015\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Ports Management\nRegulations 2015.\n2 Commencement\nThese Regulations commence on 1 July 2015.\n3 Definitions\nIn these Regulations:\naccess dispute means a dispute between a private port operator\nand a port user relating to access by the port user to a prescribed\nservice at the designated port of the operator, including a dispute\nas to the price at which, or other terms on which, access will be\nprovided.\naccess request means a written request by a port user made in\naccordance with a private port operator's access policy for access\nto any prescribed service at the designated port of the operator,\nincluding a request to alter or add to port facilities.\naid, see section 93 of the Act.\ninfringement notice, see regulation 20.\ninfringement notice offence, see regulation 19(1).\nprescribed amount, see regulation 19(2).\nprice determination, see section 132(1) of the Act.\nvessel, see section 63 of the Act.\n\nPart 2 Pilotage\nDivision 2 Pilotage licences and pilotage exemption certificates\nPorts Management Regulations 2015 2\nPart 2 Pilotage\nDivision 1 Duties of master\n4 Taking pilot on board\n(1) This regulation applies if:\n(a) the master of a vessel approaching a compulsory pilotage\narea intends that the vessel will enter that area; or\n(b) a vessel is at a boarding ground.\n(2) The master of the vessel commits an offence if a licensed pilot is\napproaching the vessel and the master fails to ensure the vessel is\nmade ready to take the licensed pilot on board by:\n(a) creating a lee; and\n(b) providing on the lee side, adequately lit at night, a pilot ladder,\nmechanical hoist or other safe means of access; and\n(c) arranging for all scuppers, sanitary and other refuse outlets in\nthe vicinity of the means of access to be closed.\nMaximum penalty: 50 penalty units.\n(3) An offence against subregulation (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubregulation (2) if the defendant has a reasonable excuse.\nDivision 2 Pilotage licences and pilotage exemption\ncertificates\n5 Issue and renewal of pilotage licence or exemption certificate\nFor section 76(1) of the Act:\n(a) the matters of which the port operator for a pilotage area\nwithin the Port of Darwin must be satisfied are:\n(i) for an application for the issue or renewal of a pilotage\nlicence – the matters relevant to those applications set\nout in the technical and safety standards made under\nsection 67(1) of the Act for the pilotage area; and\n\nPart 2 Pilotage\nDivision 2 Pilotage licences and pilotage exemption certificates\nPorts Management Regulations 2015 3\n(ii) for an application for the issue or renewal of a pilotage\nexemption certificate – the matters relevant to those\napplications set out in the standards mentioned in\nsubparagraph (i); and\n(b) the matters of which the port operator, for a pilotage area\nwithin any other designated port, or the pilotage authority for\nany other pilotage area, must be satisfied are:\n(i) the physical and mental fitness of the applicant to carry\nout pilotage duties; and\n(ii) the competence of the applicant to navigate a vessel, of\nthe relevant size or kind, through the pilotage area.\n6 Variation of conditions\n(1) The holder of a pilotage licence or pilotage exemption certificate\nmay apply in writing to the pilotage authority that issued the licence\nfor the variation of a condition to which the licence or certificate is\nsubject.\n(2) The pilotage authority may, on an application under\nsubregulation (1):\n(a) approve the application by varying the condition; or\n(b) refuse the application.\n7 Fees\n(1) An application for the issue of a pilotage exemption certificate must\nbe accompanied by a fee, payable to the Territory, of $1070.\n(2) An application for the renewal of a pilotage exemption certificate\nmust be accompanied by a fee, payable to the Territory, of $475.\n(3) An application for the variation of a condition to which a pilotage\nexemption certificate is subject must be accompanied by a fee,\npayable to the Territory, of:\n(a) if the condition relates to the vessel or vessels to which the\ncertificate applies – $475; or\n(b) if the condition relates to the part of the pilotage area to which\nthe certificate applies – $545; or\n(c) if the application relates to a condition of a kind mentioned in\nparagraphs (a) and (b) – $780.\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 4\nDivision 3 Licensed pilots\n8 Medical fitness of licensed pilot\nA pilotage authority may, at any time, require a licensed pilot to\nundergo a medical examination in order that the licensed pilot's\nfitness to discharge the pilot's duties may be determined.\n9 Tugs under pilot's orders\nA vessel employed in towing, or in any way moving or assisting,\nanother vessel that is in pilotage charge of a licensed pilot is under\nthe orders of the pilot in all matters connected with navigation.\n11 Complaints against licensed pilots\nThe master of a vessel may make a complaint against a licensed\npilot by giving written notice of the complaint to the pilotage\nauthority that licensed the pilot.\nPart 3 Port access and price monitoring\n12 Prescribed services\n(1) For section 3 of the Act, definition prescribed services,\nparagraph (a), the following services provided by a private port\noperator are prescribed:\n(a) providing, or allowing for, access for vessels to the designated\nport;\n(b) providing facilities for loading or unloading vessels at the\ndesignated port;\n(c) providing berths for vessels at the designated port;\n(d) providing, or facilitating the provision of, pilotage services in a\npilotage area within the designated port;\n(e) allowing entry of persons and vehicles to any land on which\nport facilities of the designated port are located.\n(2) However, a service mentioned in subregulation (1) does not include\nany service provided under a lease granted by the private port\noperator.\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 5\n(3) To avoid doubt, the following services provided by a private port\noperator are not prescribed services:\n(a) a towage service for facilitating access to the designated port;\n(b) a bunkering service at the designated port;\n(c) a service for the provisioning of vessels (including the supply\nof electricity and water) at the designated port;\n(d) a service for the removal of waste from vessels at the\ndesignated port.\n13 Requirements in relation to access policies\n(1) For section 127(1)(b) of the Act, a private port operator must give\nits initial draft access policy to the Regulator no later than 4 months\nafter the operator becomes a private port operator.\n(2) For section 127(2)(a) of the Act, an access policy of a private port\noperator must:\n(a) state the approach to be taken by the operator to providing, or\nallowing for, access for vessels to the designated port,\nincluding the factors that it takes into account in carrying out\nvessel scheduling; and\n(ab) contain a commitment that the operator will, on request by a\nport user, give the user information about the following if it is\nreasonably required by the user to make an access request:\n(i) the availability of a prescribed service;\n(ii) the terms and conditions of access to a prescribed\nservice; and\n(ac) set out the process for making an access request including\nstating:\n(i) whether or not an access request needs to be\naccompanied by a fee; and\n(ii) if a fee is payable – that the amount of the fee will be a\nreasonable amount to meet the operator's costs of\nassessing the request and will be disclosed to the port\nuser before, or at the time, the access request is made;\nand\n(ad) state the information that is required to be set out in an access\nrequest, which:\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 6\n(i) may include the following:\n(A) the approximate date on which access to the\nprescribed service is sought;\n(B) the period for which access to the prescribed\nservice is sought;\n(C) the reason for which access to the prescribed\nservice is sought; but\n(ii) must not include information that is:\n(A) not relevant to the provision of access to the\nprescribed service to the port user; or\n(B) not within the reasonable capacity of the port user\nto provide; and\n(ae) state the operator's preferred form of access request but\ncontain a commitment that the operator will accept an access\nrequest in an alternative written form if it contains the\ninformation required; and\n(b) contain a commitment that the operator will respond to an\naccess request within a specified period (which must be\nreasonable); and\n(c) contain a commitment that the operator will provide access to\na port user to any prescribed service on reasonable terms;\nand\n(d) set out the basis on which the port operator will determine\naccess to a prescribed service that is the subject of an access\nrequest if the demand for access from port users exceeds the\ncapacity to provide access; and\n(e) set out the terms on which access to a prescribed service will\nbe provided; and\n(ea) set out a process for negotiating access to a prescribed\nservice that is the subject of an access request made by a port\nuser that:\n(i) requires the operator to undertake genuine negotiations\nwith the port user with a view to agreeing on reasonable\nterms of access to the prescribed service; and\n(ii) requires the operator and the port user to negotiate in\ngood faith; and\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 7\n(iii) requires the operator to accommodate, as far as\npracticable, the port user's reasonable requirements and\nproposals, including a proposal that the operator alter or\nadd to port facilities to enable the prescribed service to\nbe provided to the port user; and\n(iv) allows the operator to recover from the port user the\nreasonable costs associated with carrying out any\nalterations or additions to the port facilities proposed by\nthe port user; and\n(v) provides that if, after negotiating, the operator and port\nuser cannot agree on terms of access to the prescribed\nservice, then an access dispute arises and must be\nresolved in accordance with the relevant provisions in\nthe access policy; and\n(f) set out a process for the resolution of access disputes that are\nnot frivolous or vexatious that:\n(i) provides for a port user to give written notice of a dispute\nto the operator within a specified period; and\n(ii) requires the operator to undertake genuine and good\nfaith negotiations through discussion with the port user\nwith a view to resolving the dispute as quickly as\npossible; and\n(iii) if the dispute is not resolved through discussion –\nprovides for the operator to arrange mediation or\nconciliation to resolve the dispute; and\n(iv) if the dispute is not resolved through mediation or\nconciliation – provides for it to be referred to arbitration\nby an independent arbitrator appointed by the parties to\nthe dispute; and\n(v) specifies the method by which the independent arbitrator\nis to be appointed which may be, but is not required to\nbe, requesting the Regulator to nominate a person for\nappointment as an independent arbitrator; and\n(vi) requires that the arbitration be conducted in accordance\nwith Part 5 of the Commercial Arbitration (National\nUniform Legislation) Act 2011; and\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 8\n(vii) sets out the powers and duties of the arbitrator in\nconducting the arbitration, including the following:\n(A) a power for the arbitrator to order a party to the\narbitration to produce information that is requested\nby the other party and reasonably necessary for\nthe resolution of the dispute;\n(B) a power for the arbitrator to make an order\nmentioned in subsubparagraph (A) subject to any\nconditions regarding the use and disclosure of the\ninformation that the arbitrator considers necessary\nto protect any confidential information that may be\ndisclosed;\n(C) for an arbitration of an access dispute that relates\nto the price of a prescribed service – a duty to\nmake a decision that is consistent with any price\ndetermination made by the Regulator that is in\nforce and applies to the operator; and\n(viia) requires the arbitrator, in conducting the arbitration, to\ntake into account the following:\n(A) the object of Part 11 of the Act;\n(B) the access and pricing principles set out in\nsection 133 of the Act;\n(C) the operator's legitimate business interests and\ninvestment in the designated port and port facilities;\n(D) the cost to the operator of providing access to the\nrelevant prescribed service, including the cost of\nany required alterations or additions to port\nfacilities, but not costs associated with losses\narising from increased competition in upstream or\ndownstream markets;\n(E) firm and binding contractual obligations of the\noperator and of other persons already using any\nrelevant port facility;\n(F) the operational and technical requirements\nnecessary for the safe and reliable provision of\naccess to the relevant prescribed service;\n(G) the economically efficient operation of any relevant\nport facility;\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 9\n(H) the benefit to the public from having competitive\nmarkets; and\n(viii) provides a mechanism for the apportionment of the costs\nof an arbitration; and\n(ix) provides for the decision of the arbitrator to be treated as\nan award under the Commercial Arbitration (National\nUniform Legislation) Act 2011; and\n(ixa) requires the operator to give the Regulator a copy of the\ndecision of the arbitrator, subject to any orders made by\nthe arbitrator regarding the protection of confidential\ninformation contained in the decision; and\n(x) requires the parties to an arbitration not to disclose its\noutcome to third parties, unless the disclosure is to the\nparty's insurers or legal or financial advisers or required\nby subparagraph (ixa) or any other law; and\n(g) require the parties to an access dispute to keep confidential\ninformation provided during any access request negotiations\nor access dispute resolution process; and\n(h) provide for the right of each party to an access dispute to\nrequest from the other party, within a specified period,\ninformation specified by the requesting party that, in the\nopinion of the requesting party, is reasonably necessary for\nthe resolution of the dispute; and\n(i) require a party to comply with a request of a kind mentioned in\nparagraph (h) within a specified period; and\n(j) require the operator to give reasons for any decision made by\nthe operator that affects a port user.\n(3) A private port operator commits an offence if it does not publish a\ncopy of its access policy on its website within 5 days after it is\napproved under section 127(4) of the Act.\nMaximum penalty: 50 penalty units.\n(4) An offence against subregulation (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubregulation (3) if the defendant has a reasonable excuse.\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 10\n14 Guidelines on reporting in relation to access policies\nFor section 128(1) of the Act, the following are the matters about\nwhich guidelines must be issued in relation to annual reports under\nsection 130(1) of the Act relating to access policies:\n(a) the form of the report and how it must be made;\n(b) what information must be included in the report about any\nmaterial instance of non-compliance with an access policy\nincluding specified kinds of records, statistics, information and\nexplanations.\n16 Price determinations\n(1) In making a price determination, without limiting section 21(2) of the\nUtilities Commission Act 2000, the Regulator must have regard to:\n(a) the cyclical nature of the economy of the Territory, including\nthe volatility of demand for prescribed services and, where\nappropriate, the need to assess returns over a period longer\nthan 1 year; and\n(b) the desirability of price stability and the need to avoid price\nshocks.\n(2) For section 132(2)(a) of the Act, a price determination:\n(a) must use monitoring of the price levels of a prescribed service\nas the form of price regulation for the service; and\n(b) must specify the basis on which, or the standard against\nwhich, the Regulator intends to monitor price levels; and\n(c) must require each private port operator and private pilotage\nprovider to whom the determination applies:\n(i) to give the Regulator in the specified manner written\nnotice, that complies with subregulation (3), of a\nproposed change in the operator's or provider's charges\nfor the prescribed services at least 20 days before the\nchange is proposed to be made; and\n(ii) to publish in a prominent position on its website:\n(A) the operator's or provider's standard charges for\nprescribed services; and\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 11\n(C) notice of a proposed change in the operator's or\nprovider's standard charges for prescribed services\nat least 10 days before the change is proposed to\nbe made; and\n(ca) must require each private port operator to whom the\ndetermination applies to publish in a prominent position on its\nwebsite the standard rate of charges charged by the operator\nfor, or in respect of, the use of port facilities of the designated\nport; and\n(d) must not require a private port operator or private pilotage\nprovider to whom the determination applies to publish on its\nwebsite a negotiated charge for a prescribed service; and\n(e) must require each private port operator and private pilotage\nprovider to whom the determination applies to make an annual\nreport to the Regulator containing the following information in\nrespect of the year to which the report relates:\n(i) a list of the types of charges for prescribed services\ncharged by the operator or provider;\n(ii) the amount of revenue received by the operator or\nprovider from charges for prescribed services (showing\nthe amount of revenue for each separate charge);\n(iii) for a charge for a prescribed service payable on a unit\nbasis (such as a unit of vessel cargo capacity or vessel\ngross tonnage) – the total number of units charged for,\nor in respect of, each separate charge;\n(iv) if there was a change in the charge for a prescribed\nservice – the amount of the change and the reason for it;\nand\n(f) may require each private port operator and private pilotage\nprovider to whom the determination applies to include in an\nannual report under paragraph (e) information on whether,\nduring the year to which the report relates, the operator or\nprovider entered into an agreement of a kind mentioned in\nsection 110 of the Act or regulation 18 and, if so, the number\nof those agreements and their terms.\n(3) A notice under subregulation (2)(c)(i) about a proposed change\nmust:\n(a) identify each separate charge to which the change relates;\nand\n\nPart 3 Port access and price monitoring\nPorts Management Regulations 2015 12\n(b) provide the following information about each charge:\n(i) the basis on which the amount of the charge is\ncalculated including, for a charge payable on a unit basis\n(such as a unit of vessel cargo capacity or vessel gross\ntonnage), the unit on which the charge is imposed;\n(ii) for a change in an existing charge or the removal of an\nexisting charge, the reason for the change in the charge\nor removal;\n(iii) if the charge is being fixed for the first time:\n(A) the purpose and function of the charge; and\n(B) the basis on which the amount of the charge is\ncalculated; and\n(C) the persons who will be required to pay the charge.\n(4) A reference in subregulation (2) or (3) to a proposed change in a\nprivate port operator's or private pilotage provider's charges for\nprescribed services includes a change in an existing charge, the\nfixing for the first time of a charge and the removal of an existing\ncharge.\n17 Procedure on making a price determination\n(1) For section 132(2A) of the Act, at least 30 days before making a\nprice determination, the Regulator must send a copy of a draft of\nthe determination to, and invite a submission on it by a specified\ndate from:\n(a) the Minister; and\n(b) each private port operator and private pilotage provider to\nwhich the determination would apply; and\n(c) any other person the Regulator reasonably considers would\nlikely be affected by the determination.\n(2) The Regulator must consider each submission received by the\nspecified date before making a price determination.\n(3) The Regulator must make a price determination for a private port\noperator or private pilotage provider no later than 3 months after the\noperator or provider becomes a private port operator or private\npilotage provider.\n\nPart 4 Infringement notice offences\nPorts Management Regulations 2015 13\n(4) As soon as practicable after making a price determination, the\nRegulator must:\n(a) send a copy of the determination to any person to whom a\ndraft was sent under subregulation (1); and\n(b) publish the determination on the Regulator's website.\n18 Power to negotiate charges\nA private port operator or private pilotage provider may enter into\nan agreement with a person (including an agreement of a kind\ncovered by section 110 of the Act) that fixes the charge payable by\nthe person for a prescribed service to be provided to the person at\nan amount that is different to the standard charge for that service.\nPart 4 Infringement notice offences\n19 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nof the Act specified in the Schedule.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in the Schedule.\n20 When infringement notice may be given\nIf the regional harbourmaster or a port enforcement officer\nreasonably believes that a person has committed an infringement\nnotice offence, the regional harbourmaster or port enforcement\nofficer may give a notice (an infringement notice) to the person.\n21 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n\nPart 4 Infringement notice offences\nPorts Management Regulations 2015 14\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to whom the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n22 Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n23 Withdrawal of infringement notice\n(1) The regional harbourmaster may withdraw an infringement notice\ngiven by the regional harbourmaster or a port enforcement officer to\na person by written notice given to the person.\n\nPart 5 Miscellaneous matters\nPorts Management Regulations 2015 15\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n24 Application of this Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\nPart 5 Miscellaneous matters\n25 Reportable incidents\n(1) For the definition of reportable incident in section 3 of the Act,\nsubject to subregulation (2), events of the following kind are\nprescribed:\n(a) a collision of a vessel with another vessel;\n(b) a collision by a vessel with an object;\n(c) the grounding, sinking, flooding or capsizing of a vessel;\n(d) a fire on board a vessel;\n(e) a loss of stability of a vessel that affects the safety of the\nvessel;\n(f) the structural failure of a vessel;\n\nPart 5 Miscellaneous matters\nPorts Management Regulations 2015 16\n(g) a situation in which vessels pass each other, or a vessel\npasses another vessel, a person or an object, in such\nproximity that a reasonable person would conclude that in all\nthe circumstances there was a risk of an imminent collision;\n(h) an event that results in, or could have resulted in, a vessel\nbecoming disabled and requiring assistance;\n(i) the fouling or damaging by a vessel of:\n(i) any pipeline or submarine cable; or\n(ii) an aid;\n(j) any other event that:\n(i) is a reportable incident under section 50 of the Marine\nPollution Act 1999; or\n(ii) must be notified under section 14 of the Waste\nManagement and Pollution Control Act 1998 to the\nNorthern Territory Environment Protection Authority.\n(2) An event of a kind mentioned in subregulation (1) that only involves\nactual or potential loss of, or damage to, property is an event of a\nprescribed kind only if the value of the loss or damage is greater\nthan $20 000.\n26 Record-keeping and reporting obligations\n(1) For sections 18(1) and (3) and 87(1) and (3) of the Act, the\nprescribed particulars of a reportable incident that are required to\nbe kept or reported are details that are sufficient to describe the\nfollowing:\n(a) the nature of the incident and the circumstances surrounding\nit;\n(b) the time and location of the incident;\n(c) the persons involved in the incident;\n(d) the vessels (if any) involved in the incident;\n(e) the response of the port operator or pilotage services provider\nto the incident;\n(f) for an event that involves actual or potential harm to the\nenvironment:\n(i) how that harm occurred, is occurring or may occur; and\n\nPart 5 Miscellaneous matters\nPorts Management Regulations 2015 17\n(ii) action taken to prevent, reduce, control or remove that\nharm.\n(2) For sections 18(1) and 87(1) of the Act, records are kept in the\nprescribed manner if they are kept in writing.\n(3) It is sufficient compliance with a reporting obligation under\nsection 18(3) or 87(3) of the Act if the port operator or pilotage\nservices provider (as the case requires) gives to the regional\nharbourmaster a copy of a report of a reportable incident made\nunder another Act that contains the prescribed particulars\nmentioned in subregulation (1).\n(4) For sections 18(3) and 87(3) of the Act, the prescribed period after\nthe occurrence of a reportable incident is:\n(a) 1 hour – if the reportable incident involves:\n(i) the death of a person; or\n(ii) an injury to a person that requires or results in\nimmediate treatment for:\n(A) the amputation of any part of the person's body; or\n(B) a serious head injury; or\n(C) a serious eye injury; or\n(D) a serious burn; or\n(E) the separation of the person's skin from an\nunderlying tissue (such as degloving or scalping);\nor\n(F) a spinal injury; or\n(G) the loss of a bodily function; or\n(H) serious lacerations; or\n(iii) the loss of a vessel; or\n(iv) the loss of a person from a vessel; or\n(v) the loss of, or damage to, property to the value of\n$20 000 or more; or\n(vi) actual or potential harm to the environment; or\n\nPart 5 Miscellaneous matters\nPorts Management Regulations 2015 18\n(b) in any other case – 12 hours or, if the reportable incident is\nalso required to be reported by the port operator or pilotage\nservices provider under another Act within a shorter period,\nthe shorter period.\n27 Port management officers\nFor section 22(7) of the Act:\n(a) the prescribed circumstances are where the port operator of\nthe designated port is a public sector entity; and\n(b) the entity by which a person is employed or engaged is a\npublic sector entity.\n28 Pilotage services provider\n(1) For section 85(2)(b)(ii) of the Act:\n(a) the prescribed circumstances are where the pilotage area is\nwithin a designated port of which the port operator is a public\nsector entity; and\n(b) the entity by which a person is employed or engaged is a\npublic sector entity.\n(2) With reference to section 85(6)(d) of the Act, when considering an\nappointment under section 85(1), the Minister must take into\naccount the potential effect of the appointment on each of the\nfollowing:\n(a) the safe and economically efficient operation of pilotage\nservices within the pilotage area;\n(b) the safe and economically efficient operation of vessels and\nport facilities in the vicinity of the pilotage area;\n(c) competition in any relevant market given the ownership,\noperation or control of the pilotage services provider;\n(d) the public interest in the ongoing long-term supply of pilotage\nservices within the pilotage area.\n\nSchedule Infringement notice offences and prescribed amounts\nPorts Management Regulations 2015 19\nSchedule Infringement notice offences and prescribed\namounts\nregulation 19(1) and (2)\nProvision Prescribed amount in\npenalty units\nPorts Management Act 2015\nsections 38(2), 40A(3), 40B(3), 41(6), 42(6),\n43(6), 50(4), 51(5), 53(1), 79(1), 96(1), 97(3),\n101(4) and 102(2) and (3)\n5\nsections 33(4), 50(3) and (8), 51(4) and (9),\n100(1), 102(4) and 103(1)\n2\n\nENDNOTES\nPorts Management Regulations 2015 20\nENDNOTES\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 Regulations (SL No. 13, 2015)\nNotified 30 June 2015\nCommenced 1 July 2015 (r 2)\nPorts Management Amendment Regulations 2015 (SL No. 22, 2015)\nNotified 29 September 2015\nCommenced 29 September 2015\nPorts Management Amendment Regulations 2016 (SL No. 6, 2016)\nNotified 16 March 2016\nCommenced 16 March 2016\nPorts Management Amendment Regulations 2020 (SL No. 23, 2020)\nNotified 30 July 2020\nCommenced 30 July 2020 (r 2, s 2 Ports Legislation Amendment Act 2020\n(Act No. 20, 2020) and Gaz G30, 29 July 2020, p 1)\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, 2018) to: rr 1, 13, 16, 21 and 25 and sch.\n4 LIST OF AMENDMENTS\nr 5 amd No. 6, 2016, r 3\nr 10 rep No. 6, 2016, r 4\nr 12 amd No. 23, 2020, r 4\nr 13 amd No. 23, 2020, r 5\nr 15 rep No. 23, 2020, r 6\nr 16 amd No. 23, 2020, r 7\nr 17 amd No. 23, 2020, r 8\n\nENDNOTES\nPorts Management Regulations 2015 21\nr 18 amd No. 23, 2020, r 9\nr 28 amd No. 22, 2015, r 3\nsch amd No. 23, 2020, r 10","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[{"type":"other","section":"Regulation 6(1), read with regulations 6(2) and 7(3)","severity":"medium","reasoning":"Regulation 6(1) allows a pilotage exemption certificate holder to seek variation of a certificate condition, but requires application to the authority that issued “the licence”, not the certificate. Regulation 6(2) depends on a valid application under 6(1), while regulation 7(3) confirms that certificate-condition variation applications are contemplated. For that path, the operative text does not identify the authority that issued the certificate as the recipient.","confidence":0.99,"description":"The certificate-variation path identifies the wrong issuing instrument when specifying the recipient authority.","source_quotes":["The holder of a pilotage licence or pilotage exemption certificate may apply in writing to the pilotage authority that issued the licence for the variation of a condition to which the licence or certificate is subject.","The pilotage authority may, on an application under subregulation (1):","An application for the variation of a condition to which a pilotage exemption certificate is subject must be accompanied by a fee"]}],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The endnotes show multiple amendment instruments (2015, 2016, 2018 formal amendments and 2020) that modified key provisions: regulation 12 (prescribed services), regulation 13 (access policy obligations), regulations 16–18 (price determination, notification and negotiation), regulation 28 (pilotage services provider) and others (see Endnotes and List of Amendments). These amendments altered the operational scope and compliance obligations of private port operators, pilotage providers and the Regulator."},"complexity_factors":["Cross-references and interaction with multiple Acts (Ports Management Act, Utilities Commission Act, Commercial Arbitration (National Uniform Legislation) Act 2011, Fines and Penalties (Recovery) Act 2001) increase legal interdependence.","Detailed, prescriptive access policy content and dispute-resolution steps including mediation, arbitration procedure and confidentiality obligations (regulation 13).","Price-monitoring regime with specified notice periods, publication duties and annual reporting requirements for operators and pilotage providers (regulation 16(2)–(3)).","Multiple timeframes and thresholds to track (eg. 20/10/30 day notice periods; 1 hour/12 hour incident reporting windows) (regulations 16, 17, 26(4)).","Strict liability and summary infringement process with prescribed amounts linked to penalty units and administrative enforcement tools (regulations 4(3), 19–23 and Schedule).","Discretionary powers for regulators and pilotage authorities (eg. medical examinations, licence variations, price determinations) creating administrative decision points (regulations 5, 6, 8, 16, 17).","Carve-outs and exclusions that affect scope of regulated services (eg. services under leases and specified excluded services) complicate applicability (regulation 12(2)–(3)).","Record‑keeping and reporting particulars and materiality threshold for incidents (eg. $20,000 threshold) impose compliance burdens on operators and providers (regulations 25–26).","Fee and cost recovery rules for licence applications, variations and negotiation-related works create direct financial impacts on applicants and port users (regulation 7; regulation 13(ea)(iv)).","Amendment history noted in endnotes indicates provisions have been altered since commencement, requiring attention to current text and prior versions (Endnotes)."],"plain_english_summary":"These Regulations set out operational rules for port activities: pilotage requirements (masters, licensed pilots, licences and fees), what private port operators must include in access policies, price-monitoring and reporting obligations, incident reporting, and an infringement/penalty regime. They apply to private port operators, port users, vessel masters, licensed pilots, pilotage providers and port enforcement officers.\n\nMechanically, the Regulations create duties (for example, making vessels ready to take a pilot), require publication of policies and standard charges, impose notice and reporting timelines, provide arbitration and regulator oversight for prices, and attach penalties for non‑compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as subsidiary legislation under the Ports Management Act 2015. The 2020 amendments expanded the access policy requirements (regulation 13) and price determination provisions (regulations 16-18), but these elaborations remain within the original scope of operationalising port access and price monitoring mechanisms established by the parent Act. No significant scope creep beyond the Act's framework is evident."},"complexity_factors":["Extensive cross-referencing to the parent Ports Management Act 2015 (sections 3, 18, 22, 76, 85, 87, 93, 100-103, 110, 127-133, etc.)","Nested conditional logic in regulation 13 (access policy requirements) with multiple levels of sub-paragraphs (a), (ab), (ac), (ad), (ae), (b)-(j), many with further sub-sub-paragraphs (i)-(x) and sub-sub-sub-paragraphs (A)-(H)","Multiple defined terms in section 3 that reference other legislation or other sections of the same Act (e.g., 'aid' refers to s 93 of the Act; 'vessel' refers to s 63 of the Act)","Complex interaction between regulations and external legislation including the Commercial Arbitration (National Uniform Legislation) Act 2011, Utilities Commission Act 2000, Fines and Penalties (Recovery) Act 2001, Marine Pollution Act 1999, and Waste Management and Pollution Control Act 1998","Tiered reporting timeframes in regulation 26 with six specific categories requiring 1-hour reporting and a catch-all 12-hour provision with an exception for shorter periods under other laws","Dual pathways for enforcement (infringement notices vs. court prosecution) with specific procedural requirements and defences","Different rules applying to different ports (Darwin vs. other designated ports) and different entities (private port operators vs. public sector entities)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how ports operate in the Northern Territory, covering three main areas: **pilotage** (guiding ships safely into harbour), **port access and pricing**, and **enforcement**.\n\n**Who it affects:**\n\n- **Ship masters and pilots** – rules about taking pilots on board, medical fitness, and handling complaints\n- **Private port operators** – requirements for access policies, pricing transparency, and dispute resolution with port users\n- **Port users** (shipping companies, cargo operators) – rights to request access to port services and challenge unfair pricing\n- **The Regulator** – powers to monitor prices and set price determinations\n- **Regional harbourmasters and port enforcement officers** – powers to issue infringement notices (on-the-spot fines)\n\n**Key things it covers:**\n\n- **Pilotage rules:** Masters must prepare their vessels properly to take pilots on board (providing safe ladders, lighting, etc.). Pilots need licences and medical checks. Fees are set for exemption certificates ($1,070 to apply, $475 to renew).\n\n- **Port access:** Private port operators must publish detailed access policies explaining how ships can use the port, how disputes get resolved (through negotiation, mediation, then arbitration), and how pricing works. They must respond to access requests within reasonable timeframes and negotiate in good faith.\n\n- **Price monitoring:** The Regulator oversees what ports charge for essential services (berths, loading facilities, pilotage). Operators must notify the Regulator 20 days before changing prices and publish standard charges on their websites. They can negotiate individual deals but can't be forced to publish those negotiated rates.\n\n- **Infringement notices:** Harbourmasters can issue on-the-spot fines for offences under the Ports Management Act 2015 (ranging from 2 to 5 penalty units). These can be paid to avoid court, or challenged.\n\n- **Safety reporting:** Port operators must report incidents like collisions, groundings, fires, or environmental damage – immediately (within 1 hour) for serious incidents involving death, injury, or major environmental harm; within 12 hours for less serious events.\n\n**Why it matters:**\n\nThese regulations balance **safety** (ensuring qualified pilots guide ships and incidents get reported) with **commercial fairness** (preventing private port monopolies from charging unfair prices or blocking access). The access dispute resolution system is particularly important – it gives port users a structured way to challenge unfair treatment without immediately going to court, while the price monitoring ensures essential port services remain reasonably priced for Territory trade."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the substantive content of the regulations has not been provided. The metadata alone does not reveal whether the scope changed from the original 2015 instrument."},"complexity_factors":["Only metadata has been provided — no substantive regulatory content is present to analyse","The document header contains significant structural repetition suggesting formatting errors, adding confusion","There is a mismatch between the title year (2015) and the making year (2020), which could indicate an amendment or reprint rather than a standalone instrument — this distinction has legal significance but cannot be confirmed from the content provided","The agency name 'Department of Logistics and Infrastructure' does not correspond to a clearly identifiable Commonwealth department, suggesting this may be a territory or state instrument, adding jurisdictional ambiguity"],"plain_english_summary":"These Regulations are a legally binding set of rules made under the parent Act and administered by the Department of Logistics and Infrastructure to govern port management. They affect port operators, shipping companies, vessel and cargo handlers, harbour masters and businesses using ports.\n\nThey were made 29 July 2020 (in force 30 July 2020), published as Gazette notice S41 and reprinted (REPP104R1). The actual regulatory text isn’t provided here, so specific duties, powers or penalties can’t be stated."}},"importantCases":[],"_links":{"self":"/api/acts/ports-management-regulations-2015","history":"/api/acts/ports-management-regulations-2015/history","analysis":"/api/acts/ports-management-regulations-2015/analysis","conflicts":"/api/acts/ports-management-regulations-2015/conflicts","importantCases":"/api/acts/ports-management-regulations-2015/important-cases","documents":"/api/acts/ports-management-regulations-2015/documents"}}