44BGeneral powers of port managers

44B General powers of port managers (1) A port manager of a local port may do all things that are necessary or convenient to enable it to carry out its functions under section 44A. S. 44B(1A) inserted by No. 19/2022 s. 62(1). (1A) A port manager may do all things that are necessary or convenient to enable it to provide a service, or part of a service, that it is directed or authorised to provide under section 44BA outside the port lands or waters of its local port. (2) Without limiting subsection (1), a port manager may— (a) enter into other contracts and agreements (including contracts of indemnity and contracts for the provision of services or facilities); (b) employ staff, or engage consultants, contractors or agents; S. 44B(2)(c) amended by No. 19/2022 s. 62(2). (c) exercise its powers outside the port lands or waters of the port to the extent necessary or convenient to carry out the functions of port manager of that port or to ensure the safe operation of the port; S. 44B(2)(d) inserted by No. 19/2022 s. 62(3). (d) exercise its powers outside the port lands or waters of the port to the extent necessary or convenient to provide a service, or part of a service, that the port manager is directed or authorised to provide under section 44BA; S. 44B(2)(e) inserted by No. 19/2022 s. 62(3). (e) exercise its powers outside the port lands or waters of the port to the extent necessary or convenient in an emergency or to avert an imminent threat of death or serious injury to persons or serious damage to the environment or property. S. 44BA inserted by No. 19/2022 s. 63, amended by No. 25/2025 s. 25(1)(2) (ILA s. 39B(1)). 44BA Port managers may provide services outside local port (1) The Minister may direct or authorise a port manager of a local port to provide a particular or class of port service or navigation or marine service (including any technical, advisory, maintenance and other services) outside the port lands or waters of its local port. S. 44BA(2) inserted by No. 25/2025 s. 25(2). (2) A direction or authorisation under subsection (1) is subject to any conditions or limitations that the Minister specifies. S. 44BA(3) inserted by No. 25/2025 s. 25(2). (3) The Minister may permit a port manager to impose a charge in accordance with section 44D for the provision of the service to which the direction or authorisation relates. S. 44BA(4) inserted by No. 25/2025 s. 25(2). (4) If the Minister permits a port manager to impose a charge in accordance with section 44D, the Minister— (a) must specify whether or not the amount of the charge the port manager may impose is permitted to exceed the cost of providing the service; and (b) may specify the basis on which the port manager is permitted to calculate the amount of the charge, including whether or not the charge may be calculated on a commercial basis; and (c) may specify circumstances in which the port manager is required to waive or reduce the charge, in addition to any exemptions the port manager may provide for under section 44D(4). S. 44BB inserted by No. 25/2025 s. 26. 44BB Port managers may provide certain services (1) The Minister may direct or authorise a port manager of a local port to provide technical, advisory, maintenance and related services to persons or bodies that own, control, operate or maintain, or propose to own, control, operate or maintain, infrastructure or marine assets in the port lands or waters of the port manager's local port. (2) A direction or authorisation under subsection (1) is subject to any conditions or limitations that the Minister specifies. (3) The Minister may permit a port manager to impose a charge in accordance with section 44D for the provision of the service to which the direction or authorisation relates. (4) If the Minister permits a port manager to impose a charge in accordance with section 44D, the Minister— (a) must specify whether or not the amount of the charge the port manager may impose is permitted to exceed the cost of providing the service; and (b) may specify the basis on which the port manager is permitted to calculate the amount of the charge, including whether or not the charge may be calculated on a commercial basis; and (c) may specify circumstances in which the port manager is required to waive or reduce the charge, in addition to any exemptions the port manager may provide for under section 44D(4). S. 44C inserted by No. 85/2003 s. 11.