202DMatters that must be considered in making a determination

202D Matters that must be considered in making a determination

In making a determination under section 202B, Safe Transport Victoria must have regard to—

(a) the safety risk, or the nature and level of a safety risk, that the determination is intended to minimise or eliminate; and

(b) whether there are alternative ways (legislative or otherwise) to address the matter to be addressed by the determination; and

(c) the expected benefits and costs of the determination on those persons likely to be affected by the determination, if made; and

(d) the requirements that are necessary for the safe and efficient operation of the relevant commercial trading port.

Part 5.3—Boating activity exemptions and exclusion zones

Division 1—Boating activity exemptions

203 Declarations to exempt boating activity on certain waters from Act or regulations

(1) A person who proposes to conduct boating activity on State waters may apply to the applicable regulatory entity for—

(a) an exemption from the application of this Act, the regulations, the waterway rules or regulations made under the Port Management Act 1995 to the proposed boating activity;

(b) a modification of the application of this Act, the regulations, the waterway rules or regulations made under the Port Management Act 1995 to the proposed boating activity.

(b) describe the proposed boating activity; and

(c) specify the period of time during which the proposed boating activity will be conducted; and

(d) set out the reasons for the application; and

(e) set out the provisions of this Act, the regulations, the waterway rules or regulations made under the Port Management Act 1995—

(i) from which the proposed boating activity is proposed to be exempted; or

(ii) to be modified; and

(f) set out an assessment of risks associated with the proposed boating activity; and

(g) set out the proposed risk controls to be implemented for the proposed boating activity; and

(h) contain any other prescribed information; and

(i) be accompanied by the prescribed fee.

(3) On receiving an application under subsection (1), the applicable regulatory entity may, subject to section 204, make a declaration that provides for one or more of the following in respect of a provision of this Act, the regulations, the waterway rules or regulations made under the Port Management Act 1995—

(a) that the provision does not apply to the boating activity described in the application, when conducted;