5Orders in Council

5 Orders in Council S. 5(1) amended by No. 85/2003 s. 5(1). (1) The Governor in Council may, by Order published in the Government Gazette, declare any lands, or 2 or more areas of lands, to be the port land of the port of Geelong, the port of Portland, the port of Hastings or any other commercial trading port or a local port. S. 5(1A) inserted by No. 23/2003 s. 4. (1A) The Governor in Council may, from time to time, by Order published in the Government Gazette, declare any land, an interest in which (being an interest in the nature of a freehold or leasehold interest or a licence) is held by the Port of Melbourne Corporation, to be port of Melbourne land. S. 5(2) amended by No. 85/2003 s. 5(1). (2) The Governor in Council may, by Order published in the Government Gazette, declare any waters, or 2 or more areas of waters, to be the port waters of the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings or any other commercial trading port or a local port. S. 5(3) amended by No. 85/2003 s. 5(2). (3) An Order under subsection (1), (1A) or (2) must contain a description of the port land or port waters that is sufficient to identify it and to define its boundaries. (4) The Governor in Council may on the recommendation of the Minister administering the **Crown Land (Reserves) Act 1978**, by Order published in the Government Gazette, declare any land vested in PGA or PPA not to be coastal vested land for the purposes of this Act. S. 5(5) inserted by No. 85/2003 s. 5(3). (5) The Governor in Council may, by Order published in the Government Gazette, amend a declaration of port lands or a declaration of port waters or a declaration of both port lands and port waters so as to— (a) include an area of lands and waters or lands or waters in, or exclude an area of lands and waters or lands or waters from, that declaration; or (b) correct any error in that description of the lands or waters. S. 5(6) inserted by No. 85/2003 s. 5(3). (6) A port consists of the area or areas of lands and waters or lands or waters that are from time to time declared in relation to that port by Order of the Governor in Council under this section. S. 5(7) inserted by No. 85/2003 s. 5(3), amended by Nos 70/2013 s. 4(Sch. 2 item 38.3), 21/2015 s. 3(Sch. 1 item 39). (7) An Order of the Governor in Council may describe an area of lands or waters by reference to any map or plan lodged in the Central Plan Office. S. 6 repealed by No. 63/1997 s. 6(2), new s. 6 inserted by No. 85/2003 s. 6.