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; (b) that the provision applies, with modifications, to the boating activity described in the application when conducted; (c) if the provision does not apply to the boating activity described in the application when conducted, that another requirement specified in the declaration applies to the boating activity. (4) A declaration under subsection (3) must— (b) as the case requires, specify— (i) the provision that does not apply; (ii) the modifications; (iii) the other requirements. (5) A declaration under subsection (3) must— (a) describe the boating activity to which the declaration applies; and (b) specify the persons or classes of persons to whom the declaration will apply; and (c) specify the State waters on which the boating activity may be conducted; and (d) specify the time during which the declaration will apply. S. 203(6) substituted by No. 55/2017 s. 19. (6) A declaration under subsection (3) must be published— (a) on the applicable regulatory entity's Internet site; and (b) in some other way that gives notice of the declaration to persons affected by the declaration. (7) In this section ***applicable regulatory entity*** means— S. 203(7)(a) amended by No. 34/2023 s. 127(Sch. 1 item 7.85). (a) Safe Transport Victoria; (b) if the waters on which the boating activity proposed to be conducted are under the control of a port management body, that body; (c) if the waters on which the boating activity proposed to be conducted are under the control of a local port manager, that manager; (d) if the waters on which the boating activity proposed to be conducted are under the control of a waterway manager, that waterway manager. S. 204 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 7.86).