73BTowage service determination

73B Towage service determination

(1) Ports Victoria may make a determination that sets out the requirements and standards that are to apply to the provision of a towage service in a commercial trading port.

(2) Without limiting subsection (1), a determination under that subsection may specify—

(a) the period of time for which its provisions operate (the determination period); and

(b) the commercial trading port in which a towage service to which the determination applies is to be provided; and

(c) the minimum number of towage vessels required to be provided by licensed towage service providers during the determination period; and

(d) the minimum towing and pushing capacity of any such vessels; and

(e) the minimum emergency response capabilities (including minimum fire‑fighting capabilities) of any such vessels or class of such vessels and any specified standards applicable to such capabilities; and

(f) the minimum requirements necessary for such vessels to be fit to provide the service that the vessels are to be used to provide; and

(g) the availability required for such vessels to provide the services; and

(h) the availability required for such vessels that have emergency response capabilities (including fire-fighting capabilities).

(3) A determination under subsection (1) may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstances;

(c) provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the determination—

(i) whether unconditionally or on specified conditions; and

(ii) either wholly or to any extent that is specified.

(4) The determination period determined under subsection (2)(a)—

(a) must not commence until 2 months after the day on which the determination is published in the Government Gazette; and

(b) must commence immediately on the termination of a previous determination period (other than in the case of the first determination made under this section); and

(c) must terminate at a time that ensures paragraphs (a) and (b) may be complied with.

S. 73B(5) amended by No. 34/2023 s. 127(Sch. 1 item 9.4).

(5) A standard specified for the emergency response capabilities (including the fire-fighting capabilities) for a towage vessel, or a class of towage vessel, in a determination under subsection (1) must meet or exceed the relevant standard specified by Safe Transport Victoria under section 202B of the .