Sch 9Placing additional ports under a port authority’s control and management

Schedule 9 — Placing additional ports under a port authority’s control and management 1. Terms used 121 2. Regulations may place a port under the control and management of a port authority 121 3. Port authority to implement or facilitate port addition 122 4. Government agreements not affected 122 Notes Compilation table 123 Uncommenced provisions table 126 Other notes 126 Defined terms An Act about port authorities, their functions, the areas that they are to control and manage, the way in which they are to operate, and related matters. ## Part 1 — Preliminary ##### 1. Short title This Act may be cited as the *Port Authorities Act 1999.* ##### 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. ##### 3. Terms used (1) In this Act, unless the contrary intention appears — channel includes a swinging basin, turning circle, area alongside a jetty, fairway or anchorage; control, when used in the sense of being in control of a vessel, means to be in charge or command of, or to have the management of, the vessel; Crown land has the same meaning as it has in the *Land Administration Act 1997*; damage includes alter, destroy or remove; dangerous thing means — (a) a vessel or part of a vessel; or (b) a wreck and any cargo, fuel or other thing on or in it; or (c) any other thing, that is likely to be a danger to navigation or to port facilities or harmful to the environment; goods includes — (a) merchandise, wares, chattels and other articles, whether manufactured or of any other kind; and (b) minerals and mineral products; and (c) petroleum and hydrocarbon products; and (d) forestry and agricultural products; and (e) livestock; GTE Act means the *Government Trading Enterprises Act 2023*; harbour master means a person appointed under section 102 as the harbour master or acting harbour master of a port or authorised under that section to perform the harbour master’s functions; jetty includes — (a) a pier, wharf, quay, grid, slipway, landing place, stage, platform or similar structure, whether fixed or floating, erected or placed, wholly or in part, in, on, over or alongside any waters; and (b) a ramp that is or may be used for the purpose of launching or landing a vessel, but does not include a vessel; management, in relation to staff, includes recruitment, selection, appointment, transfer, secondment, performance management, redeployment, discipline and termination of employment; maritime structure means — (a) a jetty; or (b) a breakwater, groyne or seawall; or (c) a dredged channel; or (d) a boat pen or vessel mooring; or (e) a navigational aid; or (f) a pipeline in, over, under or discharging into navigable waters (but not a pipeline discharging material from a dredging vessel); master includes a person, other than an approved pilot provided under section 96(5), having control of a vessel for the time being; mooring includes anchoring and berthing; movement, in relation to — (a) goods, includes loading and unloading; (b) passengers, includes boarding and going ashore; navigational aid means an apparatus, device, mark or structure that — (a) is or is intended to be an aid to marine navigation; or (b) emits or transmits a light, sound, radio, electronic or other signal that is or is intended to be an aid to marine navigation; owner, in relation to — (a) property of any kind, includes a person who is an owner jointly or in common with another person; (b) goods, includes a consignor, consignee, shipper or agent for sale or custody, loading or unloading of the goods concerned; (c) a vessel, includes a charterer of the vessel; port means a port named in Schedule 1 or placed under the control and management of a port authority by regulations in accordance with Schedule 9 and the port or ***its*** port, in relation to a port authority, means — (a) the port that the port authority controls and manages; or (b) if the port authority controls and manages more than one port — each of those ports; port activities has the meaning given by section 35; port authority means a body established by section 4; port charges has the meaning given by section 115 as affected by section 136(3); port facilities means facilities provided for or in relation to port activities or the administration of the port and includes — (a) maritime structures and other buildings, structures and enclosures; and (b) railways; and (c) machinery, equipment, vessels, vehicles and aircraft; port land means vested land, land acquired by a port authority or other land that becomes the property of a port authority under this Act; port operations means — (a) the carrying out of port activities or port works; or (b) the provision of port services; or (c) the provision, management or operation of port facilities; port property, in relation to a port authority, means — (a) port facilities; or (b) vested property; or (c) other property held by the port authority; port security means all matters relating to — (a) the preservation and protection of — (i) port property; or (ii) any other vessel, vehicle or other property within the port, from damage, destruction or unlawful activity; and (b) the protection of people within the port from injury or unlawful activity; port services has the meaning given by section 35; port works has the meaning given by section 35; potential supplier means — (a) a person who might become a supplier of port services; or (b) a person who might become a supplier of port services and, for that purpose, provide related port facilities; vessel has the meaning given by subsections (2) and (3); vested means vested in a port authority under this Act; vested land includes vested seabed and vested water. (2) A reference in this Act to a vessel is a reference to a thing used, or capable of being used, in navigation by water, and includes a reference to — (a) an air‑cushion vehicle, seaplane or other similar craft; or (b) a barge, lighter or other floating structure used for commercial purposes other than a structure of a class or kind prescribed for the purposes of this paragraph. (3) A thing can be a vessel for the purposes of this Act — (a) no matter how it is moved or propelled; and (b) even if it is normally stationary. [(4) deleted] [Section 3 amended: No. 10 of 2001 s. 157; No. 74 of 2003 s. 93(2); No. 8 of 2009 s. 102(2) and (3); No. 46 of 2009 s. 17; No. 39 of 2010 s. 81(2); No. 9 of 2014 s. 4; No. 2 of 2019 s. 43; No. 13 of 2023 s. 219.] ##### 3A. Relationship to GTE Act The GTE Act is to be read with this Act as if they formed a single Act. [Section 3A inserted: No. 13 of 2023 s. 220.] ## Part 2 — Port authorities: establishment and administration ### Division 1 — Establishment of port authorities ##### 4. Port authorities, establishment, nature and trading names of (1) There are to be the port authorities named in column 2 of Schedule 1. (2A) A port authority named in column 2 of an item in Schedule 1 is to control and manage — (a) any port named in column 3 of that item; and (b) any port placed under the control and management of the port authority by regulations in accordance with Schedule 9. (2) A port authority is a body corporate with perpetual succession. (3) Proceedings may be taken by or against a port authority in its corporate name. (4) A port authority may use, and operate under, one or more trading names approved by the Minister. (5) A trading name can be — (a) an abbreviation or adaptation of the port authority’s corporate name; or (b) a name other than the port authority’s corporate name. [Section 4 amended: No. 9 of 2014 s. 5.] ##### 5. Port authorities not to be regarded as agents of Crown for purposes of State laws For the purposes of any law of the State, a port authority is to be regarded as not being an agent of the Crown and does not have the status, immunities and privileges of the Crown. [Section 5 amended: No. 9 of 2014 s. 6.] ##### 6. Port authorities and officers not part of public sector (1) A port authority is not, and is not to become, a public sector body under the *Public Sector Management Act 1994*. (2) Neither the CEO nor any member of staff is to be included in the Senior Executive Service provided for by the *Public Sector Management Act 1994*. ### Division 2 — Community consultation committees [Heading inserted: No. 13 of 2023 s. 221.] [**7-13.** Deleted: No. 13 of 2023 s. 222.] ##### 14A. Community consultation committees consultation committee means the committee established as required by subsection (2). (2) Without limiting the GTE Act section 26, the board of a port authority must establish a committee for each port for which it has the control and management for the purpose of promoting and facilitating communication, information sharing and consultation between the port authority and members of the public who are or may be affected by port operations. (3) A local government that has electors who are or may be affected by port operations at the port is to be represented on the consultation committee. (4) Minutes of the proceedings of the consultation committee are to be made available on the port authority’s website or in a prescribed manner. (5) Subsection (2) does not apply if the regulations exempt the port from the operation of this section. [Section 14A inserted: No. 9 of 2014 s. 9; amended: No. 13 of 2023 s. 223.] ### Division 3 — Staff [**14-15.** Deleted: No. 13 of 2023 s. 224.] ##### 16. Staff (1) The power to engage and manage the staff of a port authority is vested in its board. (2) The power conferred by subsection (1) — (a) includes powers to determine remuneration and other terms and conditions of service of staff, to remove, suspend and discipline staff and to terminate the employment of staff; and (b) does not preclude the delegation of any matter under section 44. (3) The remuneration of and other terms and conditions of employment of staff are not to be less favourable than is provided for in — (a) an applicable award, order or agreement under the *Industrial Relations Act 1979*; or (b) the *Minimum Conditions of Employment Act 1993*. (4) There are excluded from the operation of sections 41, 41A and 43 of the *Industrial Relations Act 1979* — (a) any matters dealt with by an instrument issued under section 17, except — (i) rates of remuneration; and (ii) leave; and (iii) hours of duty; and (iv) matters that are similar to matters prescribed for the purposes of section 99(1)(a)(iv) of the *Public Sector Management Act 1994*; and (b) matters concerning the management of the staff that are similar to matters prescribed for the purposes of section 99(1)(c) of the *Public Sector Management Act 1994*. (4a) A matter referred to in subsection (4) cannot be varied or affected by an employer‑employee agreement made under Part VID of the *Industrial Relations Act 1979*. [(5) deleted] (6) Nothing in this section other than subsection (4a) affects the operation of Part VID of the *Industrial Relations Act 1979*. [Section 16 amended: No. 20 of 2002 s. 23; Gazette 15 Aug 2003 p. 3689.] ##### 17. Minimum standards for staff management (1) The board of a port authority must, after consultation with the Public Sector Commissioner, prepare and issue an instrument setting out minimum standards of merit, equity and probity applicable to the management of the staff of the port authority. (2) In complying with subsection (1) a board is to have regard to the principles set out in section 8 of the *Public Sector Management Act 1994*. (3) An instrument issued under subsection (1) may be expressed to apply to the chief executive officer of the corporation as if the chief executive officer were a member of staff. (3A) If an instrument issued under subsection (1) applies to the chief executive officer of the corporation, subsection (2) does not affect the operation of the GTE Act section 37(5). (4) The Public Sector Commissioner may at any time recommend to a board any amendment that the Commissioner thinks should be made to an instrument issued under this section. (5) A board may — (a) amend an instrument issued under this section; or (b) revoke it and substitute a new instrument, but, except where subsection (4) applies, is to do so only after consultation with the Public Sector Commissioner. [Section 17 amended: No. 39 of 2010 s. 81(3); No. 13 of 2023 s. 225.] ##### 18. Reports to Public Sector Commissioner as to s. 17 standards (1) The Public Sector Commissioner may in writing direct a board — (a) to report to the Commissioner on the observance of the minimum standards in force under section 17; and (b) to make the reports at such times, but not more often than half‑yearly, as the Commissioner may specify. (2) A board must comply with a direction given to it made under subsection (1). (3) The Public Sector Commissioner may at any time report to the Minister on the content or observance of the minimum standards in force under section 17. [Section 18 amended: No. 39 of 2010 s. 81(3).] ##### 19. Superannuation (1) A port authority may grant, or make provision for the grant of, retirement benefits to members and former members of staff and their dependants and for that purpose may, subject to section 30 of the *State Superannuation Act 2000* — (a) establish, manage and control; or (b) enter into an arrangement with any body for the establishment, management and control by that body either alone or jointly with the port authority of, any fund or scheme for the purpose of providing for such retirement benefits. (2) A port authority may make contributions to any fund or scheme referred to in subsection (1). (3) In subsection (1) — members of staff includes the CEO. (4) Nothing in this section affects the operation of the *State Superannuation Act 2000* in relation to a port authority or members or former members of staff or their dependants. [Section 19 amended: No. 43 of 2000 s. 58.] ### Division 4 — Conduct and integrity of staff [**20.** Deleted: No. 13 of 2023 s. 226.] ##### 21. Codes of conduct (1) The board of a port authority must, after consultation with the Public Sector Commissioner, prepare and issue a code or codes of conduct setting out minimum standards of conduct and integrity to be observed by members of staff. (2) In complying with subsection (1) a board is to have regard to the principles set out in section 9 of the *Public Sector Management Act 1994*. (3) A board may, after consultation with the Public Sector Commissioner, amend any code of conduct in force under subsection (1) or revoke it and substitute a new code of conduct. (4) In this section and in sections 22 and 23 — members of staff includes the CEO. [Section 21 amended: No. 39 of 2010 s. 81(3).] ##### 22. Reports to Public Sector Commissioner as to s. 21 codes (1) The Public Sector Commissioner may in writing direct a board — (a) to report to the Commissioner on the observance by members of staff of any code of conduct in force under section 21; and (b) to make the reports at such times, but not more often than half‑yearly, as the Commissioner may specify. (2) A board must comply with a direction given to it under subsection (1). (3) The Public Sector Commissioner may at any time report to the Minister on any matter relating to the observance by members of staff of a port authority of a code of conduct in force under section 21 that the Commissioner thinks should be brought to the Minister’s attention. [Section 22 amended: No. 39 of 2010 s. 81(3).] ##### 23. Reports to Minister as to s. 21 codes (1) A board, when it delivers to the Minister its annual report under the GTE Act section 81, is also to deliver to the Minister a separate report on the observance by members of staff of any code of conduct in force under section 21. (2) A board is to give to the Public Sector Commissioner a copy of each report under subsection (1). [Section 23 amended: No. 39 of 2010 s. 81(3); No. 13 of 2023 s. 227.] ## Part 3 — Port areas and property of port authorities ##### 24. Port areas defined (1) A port consists of the area or areas described in relation to that port by order made by the Governor and published in the *Gazette*. (2) The Governor may, by order published in the *Gazette*, amend the description of a port so as to — (a) include an area in, or exclude an area from, that description; or (b) correct any error in that description. (3) In this section — area means an area of land, water or seabed. ##### 25. Port authority, property vested in (1) The following property is vested in a port authority for the purposes of this Act — (a) all Crown land in the port, including the seabed and shores; (b) in the case of a port that was named in Schedule 1 before the coming into operation of the *Ports and Marine Legislation Amendment Act 2003* section 4, all navigational aids that, immediately before the coming into operation of that section — (i) were in the port, or used in connection with navigation into or out of the port; and (ii) belonged to the State; (c) all fixtures on land in the port that belong to the State. (2) The property of a port authority also includes the following — (a) any improvements effected on vested land leased to another person that have been acquired on the termination of the lease concerned; (b) any real or personal property (other than property referred to in subsection (1) or paragraph (a)) that — (i) is acquired by the port authority; or (ii) is vested in the port authority by the Governor for the purposes of this Act; or (iii) is vested in, or becomes the property of, the port authority under this Act. [Section 25 amended: No. 71 of 2003 s. 4(1) 1; No. 2 of 2019 s. 44.] ##### 26. Port property may be taken back by Crown (1) For the purposes of this Act, the Governor may by order withdraw any vested real or personal property, or any property referred to in section 25(2)(a), from a port authority and vest or revest that property in the Crown. (2) If as a result of an order under subsection (1) a port authority will lose the use of improvements that it has effected on land in performing its functions, the port authority is entitled to compensation from the State for the depreciated value of those improvements. ##### 27. Power to sell land, restrictions on (1) The power of a port authority to sell port land does not extend to Crown land. (2) A port authority must get the Minister’s approval before it sells port land. (3) In this section — sell means dispose of, convey and transfer, in fee simple or for a lesser estate, for consideration or by way of exchange, and includes grant an option to purchase or a right of first refusal to purchase. [Section 27 amended: No. 9 of 2014 s. 10.] ##### 27A. Land, creating interests in The power of a port authority to grant easements, leases or licences in respect of port land extends to easements, leases or licences for any purposes the port authority thinks fit. [Section 27A inserted: No. 71 of 2003 s. 5.] ##### 28. Vested land, creating and dealing with interests in (1) A port authority must get the Minister’s approval before it grants an easement, lease or licence in respect of vested land. (2) Subsection (1) does not apply if the easement, lease or licence meets the prescribed criteria. (3) The period for which a lease or licence of vested land is granted cannot exceed 50 years. (4) For the purposes of this section and any prescribed criteria, the period for which an easement, lease or licence is granted includes any period for which the easement, lease or licence is renewable pursuant to an option to renew. (5) A port authority does not have to get approval under section 18 of the *Land Administration Act 1997* in order to create or deal with an interest in respect of vested land. ##### 29A. Operation of *Planning and Development Act 2005* section 136 modified A port authority does not have to obtain approval under the *Planning and Development Act 2005* section 136 in order to grant a lease or licence in respect of port land. [Section 29A inserted: No. 9 of 2014 s. 11.] ##### 29. Disputes between port authority and Crown (1) If there is a dispute between a port authority and any department, instrumentality or agency of the State with respect to any port land or any other property of the port authority, the parties to that dispute are to refer it to the Minister, and the Minister’s decision on it is final and binding on the parties. (2) This section does not apply to a dispute relating to the proposed acquisition by a port authority of freehold title to Crown land. ## Part 4 — Functions and powers [Division 1 heading deleted: No. 13 of 2023 s. 228.] ##### 30. Functions (1) The functions of a port authority are — (a) to facilitate trade within and through the port and plan for future growth and development of the port; and (b) to undertake or arrange for activities that will encourage and facilitate the development of trade and commerce generally for the economic benefit of the State through the use of the port and related facilities; and (c) to control business and other activities in the port or in connection with the operation of the port; and (d) to be responsible for the safe and efficient operation of the port; and (e) to be responsible for maintaining port property; and (fa) to be responsible for port security; and (f) to protect the environment of the port and minimise the impact of port operations on that environment. (2) It is also a function of a port authority — (a) to do things that its board determines to be conducive or incidental to the performance of a function referred to in subsection (1); or (aa) to use or exploit its fixed assets for profit so long as the proper performance of its functions under subsection (1) is not affected; or (b) to do things that it is authorised to do by any other written law. (3) A port authority may perform any of its functions in the State or elsewhere. [Section 30 amended: No. 71 of 2003 s. 6; No. 9 of 2014 s. 12.] ##### 31. Relationship to *Environmental Protection Act 1986* Nothing in this Act limits or otherwise affects the operation of the *Environmental Protection Act 1986* in relation to a port, a port authority or port operations. [Section 31 inserted: No. 13 of 2023 s. 229.] ##### 32. Port authority has control of port Subject to any direction given by the Minister under the GTE Act Part 7 Division 4, a port authority has exclusive control of the port. [Section 32 amended: No. 13 of 2023 s. 230.] [**33-34.** Deleted: No. 13 of 2023 s. 231.] ##### 35. Powers generally (1) A port authority has all the powers it needs to perform its functions under this Act or any other written law. (2) A port authority may for the purpose of performing a function mentioned in subsection (1) — (a) subject to Part 3, acquire, hold and dispose of real or personal property; and (b) manage, improve and develop real or personal property vested in it or acquired by it or arrange for property to be managed, improved or developed; and (c) carry out port works or arrange for port works to be carried out; and (d) provide, manage and operate port facilities or arrange for port facilities to be provided, managed and operated; and (e) provide port services or arrange for port services to be provided; and (f) enter into any contract or arrangement including a contract or arrangement with any person for the performance of the function by that person on behalf of the port authority; and (g) apply for the grant of any licence or other authority required by the port authority; and (h) acquire, establish and operate — (i) any undertaking necessary or convenient for the performance of the function; and (ii) any associated undertaking; and (i) produce and deal in any equipment, facilities or system associated with, the performance of the function; and (j) appoint agents or engage persons under contracts for services to provide professional, technical or other assistance to the port authority; and (k) participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and (l) carry out any investigation, survey, exploration or feasibility study; and (m) collaborate in, carry out, or procure the carrying out of, research and publish information that results from the research; and (n) develop and turn to account any technology, software or other intellectual property that relates to the function and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and (o) issue licences and administer licensing schemes for activities and things in accordance with the regulations; and (p) promote and market the port authority and its activities. (3) Subsection (2) does not limit subsection (1) or the other powers of a port authority under this Act or any other written law. (3A) Subsections (1) and (2) have effect subject to the GTE Act. (4) A port authority must get the Minister’s approval before it issues a licence giving a person an exclusive right to provide port services of a particular kind. (5) The Minister is not to give approval under subsection (4) unless the Minister considers that the public benefits of exclusivity exceed the public costs and on providing such approval, the Minister must table in Parliament within 14 days, full reasons for his decision to grant an exclusive licence. (6) In — (a) entering into or negotiating a contract or arrangement for the purposes of subsection (2)(b) to (f); or (b) issuing, or dealing with an application for, a licence authorising the holder to provide port services, a port authority must not — (c) impose, or purport to impose, an obligation on any person; or (d) seek an undertaking from any person, as to the method by which, or manner in which, the person’s employees are to be employed other than an obligation or undertaking that the method or manner be lawful. (7) A port authority may — (a) make gifts for charitable purposes or for other purposes of benefit to the community or a section of the community; (b) make any *ex gratia* payment that the board considers to be in the port authority’s interest; (c) accept any gift, devise or bequest if it is absolute, or subject to conditions that are within the functions of the port authority. (8) For the purposes of port works and port facilities, a port authority is a local authority within the meaning of the *Public Works Act 1902*. (9A) Subject to the *Environmental Protection Act 1986*, port operations may take place on any day and at any time. (9) In this section — business arrangement means a company, a partnership, a trust, a joint venture, or an arrangement for sharing profits; participate includes form, promote, establish, enter, manage, dissolve, wind up, and do things incidental to participating in a business arrangement; port activities means — (a) the movement, mooring, hauling out, maintenance and launching of vessels; and (b) the movement of, and provision of services to, passengers of vessels; and (c) the movement, handling and storage of goods; port services means — (a) carrying out port activities; and (b) dredging, engineering, marine civil construction, pollution management, security, pilotage, towage, vessel movement control, emergency response, shore stabilization and waste management services; and (c) supplying provisions or equipment to vessels; and (d) supplying water, fuel or electricity; and (e) providing for the use or hire of port facilities; and (f) providing labour for any purpose; and (g) any other services prescribed by regulation for the purposes of this definition; port works means works for port purposes and includes — (a) designing, constructing, extending, maintaining, removing or demolishing — (i) maritime structures and other buildings, structures and enclosures; and (ii) railways, roads, bridges, dams and embankments; and (b) reclaiming land from the sea or a river. [Section 35 amended: No. 9 of 2014 s. 16; No. 13 of 2023 s. 232.] ##### 36. Port facilities and services, extended powers as to A port authority’s powers under section 35(2)(d) and (e) extend to — (a) providing, managing or operating port facilities outside the port; and (b) providing port services outside the port; and (c) providing a port service other than for or in connection with the operation of the port as a port if doing so does not adversely affect the provision of that service for or in connection with the operation of the port as a port. ##### 37. Fees and charges, power to levy (1) A port authority may levy and collect, in relation to its functions under this Act or any other written law, such fees for licences and approvals as are provided for in the regulations and such port charges as the port authority determines. (2) Port charges are to be determined by the port authority in accordance with prudent commercial principles and may allow for — (a) the making of a profit; and (b) depreciation of assets. ##### 38. Planning laws, application of to port authorities port authority includes — (a) a lessee or tenant of a port authority; and (b) a person acting on behalf of a port authority under an arrangement under section 35(2). (2) For the purposes of port works and port facilities, the *Planning and Development Act 2005* section 6 applies to a port authority as if it were an agency of the Crown in right of the State. (3) Without limiting section 35(8), port works and port facilities are to be regarded as being public works for the purposes of section 6 of the *Planning and Development Act 2005* as applied by subsection (2). [(4), (5) deleted] (6) If there is a dispute between a port authority and a local government with respect to a planning matter relating to port works or port facilities, the parties to the dispute are to refer it to the Minister. (7) The Minister may, after consulting the Minister administering the *Planning and Development Act 2005*, make a decision on the dispute and that decision is final and binding on the parties. [Section 38 amended: No. 74 of 2003 s. 93(3); No. 38 of 2005 s. 15; No. 24 of 2011 s. 169.] [**39-43.** Deleted: No. 13 of 2023 s. 233.] ##### 44. Delegation by port authority (1) A port authority may, by instrument in writing, delegate the performance of any of its functions, except this power of delegation. (2) A delegation under subsection (1) may be made to — (a) a director or directors; or (b) the CEO; or (c) a member of staff; or (d) a committee established under the GTE Act section 26(1); or (e) any other person. (3) A delegate cannot subdelegate the performance of any function unless the delegate is expressly authorised by the instrument of delegation to do so. (4) A function performed by a delegate of a port authority is to be taken to be performed by the port authority. (5) A delegate performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (6) Nothing in this section is to be read as limiting the ability of a port authority to act through its officers and agents in the normal course of business. (7) This section does not apply to the execution of documents. Note for this subsection: Authority to execute documents on behalf of a port authority can be given under the GTE Act section 156. [Section 44 amended: No. 13 of 2023 s. 234.] [Division 2 (s. 45-48) deleted: No. 13 of 2023 s. 235.] [Part 5 (s. 49-78) deleted: No. 13 of 2023 s. 236.] [Part 6 heading deleted: No. 13 of 2023 s. 237.] [Divisions 1 to 5 (s. 79-120) deleted: No. 13 of 2023 s. 238.] [Division 6 heading deleted: No. 13 of 2023 s. 239.] ##### 92. Annual financial targets, Minister may set (1) The Minister, with the Treasurer’s concurrence, may, by written notice given to a port authority on or before 31 December preceding the start of a financial year, determine a financial target for the port authority for that financial year. (2) If a port authority has a financial target for a financial year under subsection (1), the port authority must pursue a policy aimed at attaining the target, or the target as varied under subsection (4), during that financial year. (3) A notice under subsection (1) has to describe the procedure to be used to ascertain whether or not the financial target will be, or has been attained. (4) If a port authority has a financial target for a financial year under subsection (1), and during that financial year, economic conditions beyond the control of the port authority are such that it is — (a) unlikely that the port authority will attain the target; or (b) likely that the port authority will exceed the target, the Minister may, with the Treasurer’s concurrence, vary the target by written notice given to the port authority. ## Part 7 — Navigation and port matters ### Division 1 — Navigational aids ##### 93. Port authority may provide etc. navigational aids etc. (1) A port authority may — (a) provide navigational aids for the port; or (b) agree to take over the control of a navigational aid for the port; or (c) maintain, move, remove, discontinue or replace any navigational aid provided by or under the control of the port authority; or (d) vary the character of, or the mode of display or operation of, any navigational aid provided by or under the control of the port authority. (2) If a port authority enters into an agreement under subsection (1)(b), provision is to be made in the agreement for the payment from time to time of the expense incurred in the exercise of the powers conferred by subsection (1)(c) or (d). (3) A person to whom this subsection applies is not liable for any loss or damage resulting from — (a) a thing done or omitted to be done in good faith in relation to a navigational aid for a port; or (b) any defect in, or in the placing or operation of, a navigational aid for a port. (4) Subsection (3) applies to — (a) the State; and (b) the port authority; and (c) the CEO and members of staff of the port authority; and (d) if the control of the navigational aid has been taken over by the port authority under an agreement under subsection (1)(b), a person who is or was the owner, lessee or bailee of the navigational aid. ##### 94. Interference with navigational aids, offence (1) A person must not, without lawful excuse (proof of which lies on the person) do any of the following things in relation to a navigational aid for a port — (a) damage it; (b) make a vessel fast to it or otherwise use a vessel in a way that might damage it; (c) obstruct or interfere with its display or operation; (d) obstruct or interfere with any emission or transmission from it. Penalty: $20 000 or imprisonment for 20 months. (2) A person who is convicted of an offence under subsection (1)(a) is liable, in addition to suffering any penalty imposed in respect of that offence, to pay to the port authority for the port all expenses reasonably incurred by the port authority in making good the damage and the port authority may recover those expenses from that person in a court of competent jurisdiction as a debt due to the port authority. (3) Subsection (2) does not affect the operation of section 113 in relation to damage to which that section applies. ### Division 2 — Pilotage ##### 95. Terms used in, and application of, this Division (1) In this Division — approved, in relation to a pilot, means approved under section 96; under compulsory pilotage, in relation to a vessel, means under the control of a pilot as required by section 97. (2) A reference in this Division to a port includes a reference to any area that is outside the port and is declared by the regulations to be associated with the port and to be an area in which pilotage services are to be used. (3) This Division applies to vessels — (a) moving in a port in the course of entering or leaving the port; or (b) moving between places in a port. ##### 96. Port authority to approve pilots and ensure pilotage services are provided (1) A port authority may approve a competent and suitably qualified person as a pilot for the port and is to ensure that there is at all times at least one approved pilot for the port. (2) An approval under subsection (1) has effect for the period set out in the approval unless it is revoked by the port authority before that period ends. (3) An approval under subsection (1), or any revocation of such an approval, is to be in writing. (4) No person is to act as a pilot in a port unless the person is approved as a pilot for the port or acts under the authority of a pilotage exemption certificate under the regulations. (5) A port authority is responsible for ensuring that pilotage services are provided in its port — (a) by the port authority; or (b) if regulations under section 143 provide that a person providing pilotage services in the port needs a licence referred to in that section, by a person who holds such a licence; or (c) partly under paragraph (a) and partly under paragraph (b). (6) A reference in subsection (5) to pilotage services provided by the port authority includes a reference to pilotage services provided under a contract or arrangement under section 35(2). (7) Subject to subsection (8), any charges for pilotage services provided in a port — (a) are to be determined under section 37; and (b) are to be paid to the port authority, irrespective of how or by whom they are provided. (8) If regulations under section 143 provide that a person providing pilotage services in the port needs a licence referred to in that section, subsection (7) does not apply in relation to pilotage services provided by a person who holds such a licence. [Section 96 amended: No. 9 of 2014 s. 23; No. 2 of 2019 s. 48.] ##### 97. Pilotage compulsory in ports (1) Except as otherwise provided by the regulations, a vessel moving in a port must use pilotage services. (2) A person who moves a vessel in a port without it being under the control of a person approved as a pilot for the port commits an offence unless under the regulations — (a) the vessel does not have to have an approved pilot; or (b) the person is permitted to do so. (3) If a vessel is being moved in a port without it being under the control of a person approved as a pilot for the port, neither the State nor the port authority is liable for — (a) any loss or damage caused by the vessel; or (b) the loss of, or damage to, the vessel or a thing in or on the vessel, while the vessel is being so moved, whether or not it is being so moved by reason of an exemption under the regulations. ##### 98. Pilot under authority of master An approved pilot who as pilot has control of a vessel in a port is subject to the authority of the master of the vessel, and the master is not relieved from responsibility for the conduct and navigation of the vessel by reason only of those circumstances. ##### 99. Liability of owner or master of piloted vessel The owner or master of a vessel moving under compulsory pilotage in a port is liable for any loss or damage caused by the vessel, or by a fault in the conduct or navigation of the vessel, in the same manner as the owner or master would be liable if pilotage were not compulsory. ##### 100. Immunity from liability for negligent provision of pilotage services (1) Neither the State nor the port authority is liable for any loss or damage resulting from — (a) an act or omission by a port authority, a harbour master or a member of staff of a port authority in connection with the provision of pilotage services; or (b) an act or omission by a person approved as a pilot by a port authority in the conduct or navigation of a vessel of which the person is the pilot. (2) An approved pilot is not personally liable for any loss or damage resulting from an act or omission by him or her in the conduct or navigation of a vessel of which he or she is the pilot. (3) The employer of a person who is an approved pilot is not liable for any loss or damage resulting from an act or omission by the person in the conduct or navigation of a vessel of which the person is the pilot. [Section 100 amended: No. 9 of 2014 s. 24.] ### Division 3 — Harbour masters ##### 101. Port includes other declared areas A reference in this Division to a port includes a reference to — (a) any area that is outside, but contiguous with, a port and is declared by the regulations to be an adjacent area in relation to the port; and (b) any area that is declared under section 95(2) in relation to the port. ##### 102. Appointment of harbour master and deputy harbour master etc. eligible person means — (a) the CEO; or (b) a member of staff who is competent and suitably qualified; or (c) any other person who is competent and suitably qualified. (2) The board of a port authority is to appoint an eligible person as the harbour master of the port. (3) The board of a port authority may appoint an eligible person as the deputy harbour master of the port. (4) Subject to subsection (5), the deputy harbour master may perform the functions of the harbour master if the harbour master is absent from the port or on leave, or unable for any other reason to perform those functions. (5) The board of a port authority may appoint an eligible person to act in the office of harbour master of the port if the harbour master is, or is expected to be, absent from the port, or on leave, or unable for any other reason to perform the functions of the office. (6) If there is no person appointed under subsection (2), (3) or (5) who is able to perform the functions of the harbour master, those functions may be performed by a person determined by the board of the port authority. (7) The harbour master may, in writing, delegate any of his or her functions, other than this power of delegation, to a member of staff. ##### 103. Functions of harbour master (1) The principal functions of a harbour master are — (a) to control the movement and mooring of vessels in the port; and (b) to ensure the port is kept free of obstructions or possible obstructions to vessels using the port; and (c) to ensure that the safety of people and property in the port is not endangered by vessels or dangerous things; and (d) to ensure that the operations of the port in relation to vessels are conducted safely and efficiently. (2) A harbour master has such other functions as the port authority determines. (3) The fact that a harbour master is a member of staff does not affect the powers of the CEO in relation to that member of staff. (4) If a harbour master is a person referred to in section 102(1)(c), the CEO may give directions to the harbour master as to the performance of his or her functions and the harbour master is to comply with those directions. ##### 104. Directions to masters etc. (1) For the purpose of performing his or her principal functions a harbour master may direct the owner, master, or person in charge of a vessel to do any or all of the following — (a) to ensure that the vessel does not enter the port; (b) to navigate the vessel in a specified manner while it is in the port; (c) to moor the vessel in the port at a specified place and in a specified manner; (d) to move the vessel out of the port or to another place in it; (e) to take any action specified by the harbour master in relation to the means by which the vessel is moored in the port. (2) When the safety of people or valuable property is in danger from a vessel in a port and no other direction is reasonable in the circumstances, the harbour master may direct the owner, master, or person in charge of the vessel to scuttle it immediately. ##### 105. Directions as to dangerous things owner, in relation to — (a) a vessel or part of a vessel, means the owner immediately prior to the time of the loss or abandonment of the vessel or part of the vessel; (b) a thing in the water that was in or on a vessel, means the owner of the vessel. (2) For the purpose of performing his or her principal functions a harbour master may direct the owner of a dangerous thing in the port to do any or all of the following — (a) to move the dangerous thing out of the port or to another place within it; (b) to destroy the dangerous thing; (c) to sink the dangerous thing. ##### 106. Limit on power to order removal of vessels or dangerous things A harbour master must not direct that a vessel or dangerous thing be moved out of a port unless satisfied that there is no other place in the port where the vessel or dangerous thing can lie without — (a) obstructing other vessels; or (b) hindering the efficiency of the operations of the port; or (c) endangering the safety of people or property; or (d) polluting the waters of the port. ##### 107. Ownerless vessels and dangerous things, removal of For the purpose of performing his or her principal functions a harbour master may remove from the waters of the port, destroy, or sink any vessel or dangerous thing the owner of which cannot, after reasonable enquiries, be ascertained or found. ##### 108. Not obeying s. 104 or 106 direction, offence A person who without reasonable excuse (proof of which lies on that person) does not comply with a direction under section 104 or 105 commits an offence. Penalty: $20 000. ##### 109. Powers if direction not obeyed (1) If a person does not comply with a direction under section 104(1)(c), (d) or (e) or (2) or section 105 within a reasonable time after being given it, the harbour master may cause the direction to be complied with using such means as the harbour master thinks fit. (2) When causing a vessel to be moved under subsection (1) the harbour master may cause the vessel to be made fast to another vessel that is moored in the port. (3) Subsection (2) does not prevent the owner or master of a vessel to which another vessel is made fast under that subsection from recovering from the owner or master of that other vessel damages for loss or damage occasioned by that making fast. ##### 110. Recovering port authority’s s. 107 costs (1) A port authority may recover — (a) the costs of exercising the powers in section 107 from the owner of the vessel or dangerous thing; or (b) the cost of exercising the powers in section 109 from the owner, master, or person in charge, of the vessel or the owner of the dangerous thing, in a court of competent jurisdiction as a debt due to the port authority. (2) A port authority may recover the costs of exercising the powers in section 107 by selling the vessel or dangerous thing. (3) The proceeds of a sale are to be applied — (a) first to the expenses of the sale; and (b) second to the costs of exercising the powers in section 107, and the balance, if any, is to be paid to the owner of the vessel or dangerous thing but, if the identity or whereabouts, or both, of the owner cannot be ascertained, that balance is to be paid to the Treasurer. (4) The powers in subsections (1) and (2) may be exercised together. ##### 111. Immunity from liability for acts under this Division Neither the State, the port authority, the harbour master, nor any person acting under the direction of the harbour master, is liable for any loss or damage occasioned by — (a) complying with a direction under section 104 or 105 given in good faith; or (b) the exercise in good faith of the powers in section 107, 109 or 110(2). ##### 112. Hindering harbour master etc., offence A person who hinders a harbour master, or a person acting under the direction of a harbour master, in the exercise of the powers in section 107 or 109 commits an offence. ### Division 4 — Damage in a port caused by vessels etc. ##### 113. Responsibility for damage to port facilities or property (1A) In this section — prescribed thing means — (a) any floating object; or (b) any material, product or substance (whether solid, liquid or gas); or (c) any vehicle, plant, machinery, equipment or infrastructure. (1) This section applies if any port facility or other property of a port authority is damaged by — (a) a vessel or its equipment or cargo; or (b) a prescribed thing; or (c) any person employed in, on or in relation to, a vessel, or its equipment or cargo, or a prescribed thing. [(d) deleted] (2) If this section applies, the owner of the vessel or prescribed thing is answerable in damages to the port authority for the whole of the damage whether or not the damage is caused through a person’s wilful or negligent act or omission. (3) If the damage is caused through the wilful or negligent act or omission of the master of the vessel or of the person having charge or control of the prescribed thing, that master or person (as well as the owner) is answerable in damages to the port authority for the whole of the damage. (4) Neither the port authority nor any other person is entitled under this section to recover more than once for the same cause of action. (5) If the owner of any vessel or prescribed thing — (a) pays any money in respect of any damage to which this section applies caused through the wilful or negligent act or omission of a master or other person referred to in subsection (3); or (b) pays any fine by reason of any act or omission of a master or other person referred to in subsection (3), the owner may recover the money or fine so paid, with costs, from that master or other person in a court of competent jurisdiction as a debt due to the owner. (6) In an action under this section the damages recoverable are to be determined on the basis of — (a) the actual cost incurred in repairing or replacing the damaged port facility or property without taking into account any betterment or depreciation; and (b) any economic loss suffered by the port authority as a result of the damage. [Section 113 amended: No. 9 of 2014 s. 25.] ### Division 5 — Port safety ##### 114. Marine safety plan, port authority to have marine safety plan means a plan prepared by a port authority and approved by the Minister setting out the arrangements for marine safety at the port. (2) A port authority is to have, maintain and implement a marine safety plan for its port. (3) The Minister is to monitor the maintenance of a port authority’s marine safety plan and may — (a) give directions to the port authority as to the maintenance of the plan; and (b) direct the port authority to review the plan from time to time and submit modifications of it to the Minister for approval. (4) The port authority is to give effect to any direction under subsection (3). (5) The Minister must within 14 days after a direction is given cause a copy of it to be laid before each House of Parliament or dealt with in accordance with section 133. ### Division 6 — Powers of police officers and others [Heading inserted: No. 71 of 2003 s. 7.] ##### 114A. Police officers and others may enter vessels and conduct examinations and enquiries (1) An authorised officer may at any time enter a vessel in a port and conduct any examination or enquiry that the authorised officer considers necessary to determine whether there has been compliance with this Act. (2) In this section — authorised officer means — (a) a police officer; or (b) a member of staff of the port authority, or another person, authorised by the port authority for the purposes of this section. [Section 114A inserted: No. 71 of 2003 s. 7.] ### Division 7 — Protection from liability [Heading inserted: No. 71 of 2003 s. 7.] ##### 114B. Immunity from liability for damage to vessels (1) Without limiting any other provision of this Part, a port authority is not liable for any loss or damage caused to a vessel in its port. (2) Without limiting subsection (1) or any other provision of this Part, a port authority is not liable for any loss or damage caused to a vessel in its port — (a) that results from — (i) the master of the vessel complying with a direction given in good faith; or (ii) a thing done or omitted to be done in good faith in respect of the vessel, by the harbour master or a member of the staff of the port authority; or (b) that results from a defect in a mooring, anchorage or berth, or anything else, provided by the port authority. [Section 114B inserted: No. 71 of 2003 s. 7.] ##### 114C. Immunity from liability for damaged goods (1) A port authority is not liable for any loss or damage caused to any goods that a person (other than the port authority) — (a) loads on to or unloads from a vessel at the port; or (b) stores at the port. (2) The port authority does not become liable for any loss or damage caused to any goods referred to in subsection (1)(b) stored in an uncovered or unprotected manner at the port because the port authority provides, or attempts to provide, any temporary cover or protection for those goods. [Section 114C inserted: No. 71 of 2003 s. 7.] ##### 114D. Immunity from liability for delay in delivery of goods A port authority is not liable for any loss caused by or relating to a delay in the delivery of any goods loaded on to or unloaded from a vessel at the port. [Section 114D inserted: No. 71 of 2003 s. 7.] ##### 114EA. Immunity from liability for acts or omissions of port users (1) A port authority is not liable for any loss or damage resulting from an act or omission of a person who is, or is acting on behalf of, a user of its port. (2) Subsection (1) does not affect any liability a port authority might have for breach of contract. [Section 114EA inserted: No. 9 of 2014 s. 26.] ##### 114E. Immunity from liability for certain events and actions (1) A port authority is not liable for any loss or damage resulting from an event outside the control of the port authority, including — (a) an act of God; or (b) an act of war; or (c) an act of public enemies; or (d) any insurrection, revolution or civil disorder; or (e) the unlawful seizure or control of any people or any vessels, vehicles or other property; or (f) any industrial disputes of any kind, including strikes, lockouts, stoppages or restraints of labour (whether partial or general) from any cause; or (g) the use for the purpose of war or defence, or training or preparation for war or defence, of any port facilities or other property of the port authority. (2) A port authority is not liable for any loss or damage resulting from any action taken or caused to be taken by the port authority under section 27 or 28 of the *Pollution of Waters by Oil and Noxious Substances Act 1987*. [Section 114E inserted: No. 71 of 2003 s. 7.] ## Part 8 — Port charges ##### 115. Term used: port charges; application of this Part (1) In this Part — port charges means — (a) port dues and wharfage, berthage, tonnage and access charges; or (b) port improvement rates; or (c) charges for port services or navigational aids provided by or under the control of a port authority. (2) This Part applies to the payment and recovery of port charges levied by a port authority. ##### 116. Liability to pay port charges in respect of vessels The following people are jointly and severally liable to pay port charges payable in respect of a vessel — (a) the owner of the vessel; (b) the master of the vessel; (c) each person who is — (i) a consignee, consignor or shipper of goods carried on the vessel; or (ii) an agent of the vessel, and has paid or undertaken to pay any charge on account of the vessel. ##### 117. Liability to pay port charges in respect of goods The following people are jointly and severally liable to pay port charges payable in respect of goods carried on a vessel — (a) the owner of the goods; (b) the owner of the vessel; (c) each consignor, consignee or shipper of the goods; (d) each agent for the sale of or custody of the goods; (e) each person entitled, either as the owner of the goods or on behalf of that owner, to the possession of the goods. ##### 118. Recovery of port charges by port authority A port authority may recover any port charges payable to it in a court of competent jurisdiction as a debt due to the port authority. ##### 119. Collectors of port charges A port authority may, in writing — (a) authorise an officer or employee or any other person to collect port charges on its behalf; or (b) revoke an authorisation made under this section. ## Part 9 — Proceedings for offences ### Division 1 — General ##### 120. Who can commence prosecutions (1) Proceedings for an offence against this Act may be taken — (a) by a person authorised to do so by the port authority for the port within or in relation to which the offence is alleged to have been committed; or (b) by a police officer. (2) An authorisation under subsection (1)(a) may be given generally or in relation to a specified offence or specified offences. (3) If a prosecution notice alleging an offence under this Act purports to be made or sworn by a person authorised by a port authority to take proceedings for offences of that kind, it is to be presumed, in the absence of proof to the contrary, that the prosecution notice was made or sworn by such a person. [Section 120 amended: No. 84 of 2004 s. 80.] ##### 121. Time limit for prosecutions Proceedings for an offence against this Act cannot be commenced more than 2 years after the offence is committed. ##### 122. Averment as to place of offence (1) In proceedings for an offence under this Act, an averment that that offence was committed in a port is sufficient proof that the act or omission alleged to constitute that offence occurred in the port, unless the contrary is proved. (2) Where appropriate, a reference in subsection (1) to a port includes a reference to any area declared under section 95(2) or 101(a) in relation to the port. ### Division 2 — Infringement notices ##### 123. Terms used authorised person in section 124, 125, 126 or 127 means a person appointed under section 130(1) by the port authority to be an authorised person for the purposes of the section in which the term is used; port authority means the port authority for the port where the offence is alleged to have been committed. ##### 124. Giving of notice An authorised person who has reason to believe that a person has committed a prescribed offence under this Act may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender. ##### 125. Content of notice (1) An infringement notice is to be in the prescribed form and is to — (a) contain a description of the alleged offence; and (b) advise that if the alleged offender does not wish to be prosecuted for the alleged offence in a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to an authorised person within a period of 28 days after the giving of the notice; and (c) inform the alleged offender as to who are authorised persons for the purposes of receiving payment of modified penalties. (2) In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice is to be the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed. (3) The modified penalty that may be prescribed for an offence is not to exceed 20% of the maximum penalty that could be imposed for that offence by a court. [Section 125 amended: No. 84 of 2004 s. 80.] ##### 126. Extending time for paying modified penalty An authorised person may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed. ##### 127. Withdrawing notice (1) Within 28 days after the giving of an infringement notice, an authorised person may, whether or not the modified penalty has been paid, withdraw the infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn. (2) Where an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded. ##### 128. Benefit of paying modified penalty (1) Subsection (2) applies if the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn. (2) If this subsection applies it prevents the bringing of proceedings and the imposition of penalties to the same extent that they would be prevented if the alleged offender had been convicted by a court of, and punished for, the alleged offence. (3) Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal. ##### 129. Application of penalties collected An amount paid as a modified penalty for an offence is, subject to section 127(2), to be dealt with as if it were a fine imposed by a court as a penalty for that offence. ##### 130. Authorised persons, appointment of (1) A port authority may, in writing, appoint persons or classes of persons to be authorised persons for the purposes of section 124, 125, 126 or 127 or for the purposes of 2 or more of those sections, but a person who is authorised to give infringement notices under section 124 is not eligible to be an authorised person for the purposes of any of the other sections. (2) The port authority is to issue to each person who is authorised to give infringement notices under this Division a certificate stating that the person is so authorised, and the authorised person is to produce the certificate whenever required to do so by a person to whom an infringement notice has been or is about to be given. ## Part 10 — Miscellaneous ##### 131. Hindering, offence (1) A person who hinders the operation of this Act commits an offence. Penalty: $5 000. (2) A person hinders the operation of this Act if the person — (a) obstructs, impedes or interferes with the doing of, a thing required or authorised to be done by or under this Act; or (aa) obstructs, impedes or interferes with — (i) port facilities or other property of a port authority; or (ii) the operation of port facilities or other property of a port authority; or (ab) causes a nuisance in a port; or (b) uses any threatening language to — (i) the CEO or a member of staff of a port authority; or (ii) the harbour master of a port, who is acting in the performance of functions under this Act. [Section 131 amended: No. 71 of 2003 s. 8.] ##### 132. Individual port authorities, provisions for (Sch. 6) If a Division of Schedule 6 applies to a port authority, the provisions of that Division have effect in relation to that port authority and its port even though they override, are inconsistent with, or are additional to, other provisions of this Act. ##### 133. Laying documents before Parliament not sitting If a provision of this Act requires the Minister to cause a document to be laid before a House of Parliament and the House is not sitting, the GTE Act section 159 applies as if the reference in that section to a provision of the GTE Act were a reference to the provision of this Act. [Section 133 amended: No. 13 of 2023 s. 240.] [**134, 135.** Deleted: No. 13 of 2023 s. 240.] ##### 136. Overdue amounts, interest on (1) If money due to a port authority is not paid in full by the time when it is due, or such time after then as the port authority may allow, interest on the amount outstanding at the rate prescribed by regulations is to be paid to the port authority. (2) Interest under subsection (1) may be recovered by a port authority in the same way as the money due to it may be recovered. (3) Unless the context requires otherwise, a reference in this Act to port charges is to be taken as including a reference to interest under subsection (1) payable on those port charges if they are overdue. (4) Subsection (1) does not apply in respect of money due under a written agreement where the rate of interest to be paid is specified in the agreement. ##### 137. Recovery of expenses due to offence Without affecting the operation of section 94(2) or 113, a person who is convicted of an offence under this Act is liable, in addition to suffering any penalty imposed in respect of that offence, to pay to a port authority all expenses incurred by the port authority by reason of the commission of that offence, and the port authority may recover those expenses from that person in a court of competent jurisdiction as a debt due to the port authority. ##### 138. *Government Agreements Act 1979* not affected The operation of the *Government Agreements Act 1979* in relation to this Act is not limited or otherwise affected by — (a) Schedule 6 clause 1.3 or 2.3 or the mention of particular agreements in those clauses; or (b) the affecting provisions as defined in Schedule 8 clause 45 or 52; or (c) Schedule 9 or regulations referred to in Schedule 9. [Section 138 inserted: No. 9 of 2014 s. 28(1); amended: No. 9 of 2014 s. 28(2); No. 2 of 2019 s. 49.] ##### 139A. Transitional provisions