Div 2AOperational powers

Division 2A—Operational powers 29A—Interpretation In this Division— authorised officer means— (a) in relation to a port—a port management officer; (b) in relation to a harbor that is not a port, or a part of a harbor that is not within a port—an authorised person. 29B—Power of direction (1) An authorised officer may give a direction (orally, by signal, radio communication, or in any other appropriate manner) to a person in charge, or apparently in charge, of a vessel in or in the vicinity of a harbor or a port. (2) A direction may, for example— (a) require that vessels proceed to load or unload in a particular order; or (b) require that a vessel be moored or anchored in a particular position; or (c) require that a vessel be secured in a particular way; or (d) require that a vessel be moved from a particular area or position; or (e) require the production of documents relating to the navigation, operation, pilotage, use or loading of the vessel. (3) A person who fails, without reasonable excuse, to comply with a direction under this section is guilty of an offence. 29C—Power to board vessel (1) A person in charge of a vessel in a harbor or port must, at the request of an authorised officer, permit the officer— (a) to board the vessel; and (b) to inspect the vessel and its cargo; and (c) to carry out on the vessel any investigation necessary to ensure that the vessel and the business in the course of which the vessel is being used is being operated lawfully. (2) If there is no-one on board a vessel to whom a request may be given under subsection (1), the authorised officer may board the vessel and cause the vessel to be moved as the officer thinks fit. (3) Any costs incurred by an authorised officer under subsection (2) are recoverable as a debt from the owner of the vessel. (4) A person who fails to comply with a request under this section is guilty of an offence. Division 3—Harbor improvement work 30—Dredging or other similar work (1) The Minister or a port operator may carry out dredging or other work to deepen, extend or clear a harbor or port. (2) If the owner of a wharf benefits from work carried out by the Minister under subsection (1), the Minister may recover a reasonable proportion of the cost of the work from that owner. (3) The proportion of the cost to be recovered is to be determined by agreement between the Minister and the owner or, in default of agreement, by an arbitrator appointed under the Commercial Arbitration Act 2011. 30A—Development of harbors and maritime facilities (1) The Minister or a port operator may carry out work of any kind for the development or improvement of a harbor or port. (2) The Minister or port operator may, for example, establish facilities for— (a) the anchorage or mooring of vessels; (b) the maintenance and repair of vessels; (c) the loading and unloading of passengers or goods; (d) the storage of goods; (e) facilitating industrial or commercial development associated with or to be associated with a harbor or port; (f) sporting or recreational purposes. (3) A port operator— (a) must establish and maintain facilities and equipment for the safety of life and property in the port as required under a port operating agreement; and (b) may establish and maintain other facilities and equipment for the safety of life and property. 30B—Application of Planning, Development and Infrastructure Act 2016 The powers conferred by this Division are subject to the Planning, Development and Infrastructure Act 2016. Division 4—Harbor charges etc 31—Power to fix charges (1) Subject to any relevant law or determination, the Minister may fix charges— (a) for the use of facilities provided by the Minister for— (i) the mooring of vessels; (ii) the loading or unloading of passengers or goods; (iii) the storage of goods; (iv) the safe navigation of vessels; (v) any other purpose; or (b) for the entry of vessels into waters under the Minister's control and management; or (c) for services provided by the Minister. (2) The Minister may fix default charges to be paid if a charge fixed under this section is not paid within a specified period. (3) The Minister must publish Schedules of the charges and default charges fixed under this section. 31A—Power to waive or reduce charges The Minister may waive or reduce a charge (or default charge), or extend the time for payment of a charge (or default charge), as the Minister thinks fit. 31B—Charges in respect of goods (1) A charge (or default charge) payable under this Division in respect of the unloading or storage of goods is recoverable as a debt from the consignor or consignee of the goods. (2) The Minister may retain possession of goods until the appropriate charge is paid. (3) If the charge is not paid within 60 days after the goods are unloaded, the Minister may, after giving notice in writing to the consignee of the goods, sell the goods and retain the charge (together with any default charges and the costs of conducting the sale) from the proceeds of sale. 31C—Charges in respect of vessels (1) If a charge to which the Minister is entitled in respect of a vessel is not paid by the date payment falls due, an authorised person may, at the Minister's direction, arrest the vessel and take it into the Minister's custody. (2) If the charge remains unpaid 60 days after the vessel is taken into the Minister's custody, the Minister may, after giving notice to the owner of the vessel, sell the vessel and retain the charge (together with any default charges and the costs of conducting the sale) from the proceeds of sale. 31D—Power to prevent use of harbor or port facilities (1) If a person is in default in the payment of a charge (or default charge) payable under this Division, the Minister may, by written notice given to the person in default, prohibit the person from using harbor or port facilities provided by the Crown until the charge has been paid. (2) A person must not use facilities in contravention of a prohibition imposed under subsection (1).