73ZDetermination of application for internal review

73Z Determination of application for internal review (1) On receiving an application made in accordance with section 73X, Ports Victoria must make a fresh decision— (a) that affirms or varies the reviewable decision; or (b) that sets aside the reviewable decision and substitutes another decision that it considers appropriate. (2) Ports Victoria must give a written notice (a ***decision notice***) to the applicant setting out— (a) the decision of Ports Victoria under subsection (1) and the reasons for the decision; and (b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based. (3) Ports Victoria must give a decision notice to the applicant within 20 business days after the application is made. (4) If Ports Victoria does not comply with subsection (3), Ports Victoria is taken to have made a decision to affirm the reviewable decision. Subdivision 3—VCAT review S. 73ZA inserted by No. 19/2022 s. 32. 73ZA Review of Ports Victoria decisions by VCAT (1) An eligible person may apply to VCAT for review of a decision referred to in the Table in section 73W(1) made by Ports Victoria under section 73Z or otherwise. (2) An application under subsection (1) must be made within 28 days after the later of— (a) the day on which the decision of Ports Victoria was made; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Division 10—Miscellaneous S. 73ZB inserted by No. 19/2022 s. 32. 73ZB Register of holders of towage service licences (1) Ports Victoria must keep and maintain a register of every holder of a towage service licence. (2) The register kept under subsection (1) must set out— (a) the name and address of each holder of a towage service licence; and (b) the date of issue of each towage service licence held by a holder of a towage service licence; and (c) any other information that Ports Victoria determines should be included in the register. Pt 4B (Headings and ss 73ZC–73ZQ) inserted by No. 19/2022 s. 33. Part 4B—Licensing of the provision of pilotage services in pilot required waters S. 73ZC inserted by No. 19/2022 s. 33. [[2]](#endnote-2) 73ZC Definitions ***applicable standards***—see section 73ZD; ***business day*** means a day other than— (a) a Saturday or Sunday; or (b) a day appointed under the **Public Holidays Act 1993** as a public holiday or public half-holiday throughout the whole of Victoria; ***licence holder*** means a holder of a pilotage services licence; ***pilot required waters*** has the same meaning as in section 3(1) of the **Marine Safety Act 2010**; ***pilotage services*** has the same meaning as in section 3(1) of the **Marine Safety Act 2010**; ***pilotage services licence*** means a licence issued under section 73ZH(1); ***pilotage services standards*** means standards determined by Ports Victoria under section 73ZK; S. 73ZC def. of *Safety Director* repealed by No. 34/2023 s. 127(Sch. 1 item 9.5(b)). S. 73ZD inserted by No. 19/2022 s. 33. 73ZD Meaning of *applicable standards* For the purposes of this Part, ***applicable standards*** are— (a) the pilotage services standards; and (b) any standards that are prescribed for or with respect to the provision of pilotage services in pilot required waters. Division 2—Licence required to provide pilotage services S. 73ZE inserted by No. 19/2022 s. 33. 73ZE What a pilotage services licence authorises Subject to this Act, a pilotage services licence authorises the licence holder to provide pilotage services specified in the licence in pilot required waters specified in the licence. S. 73ZF inserted by No. 19/2022 s. 33. 73ZF Offence to provide pilotage services without licence A person must not provide pilotage services in pilot required waters unless the person holds a pilotage services licence that— (a) authorises them to provide the pilotage services specified in the licence in those pilot required waters; and (b) is in force. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 60 penalty units. Division 3—Licensing process S. 73ZG inserted by No. 19/2022 s. 33. 73ZG Application (1) A person who proposes to provide pilotage services in pilot required waters may apply to Ports Victoria for the issue of a pilotage services licence. (c) describe the pilotage services proposed to be provided; and (d) specify the pilot required waters in which the pilotage services are proposed to be provided; and (a) may require an applicant under subsection (1) to provide further information or material in respect of the application; and (b) may require that the information or material provided by the applicant be verified. S. 73ZH inserted by No. 19/2022 s. 33. 73ZH Determination of application (1) On receiving an application under section 73ZG, Ports Victoria must— (a) approve the application and issue a pilotage services licence if Ports Victoria is satisfied that the pilotage services described in the application meet the applicable standards for the pilotage services that are proposed to be provided; or (b) if Ports Victoria is not so satisfied—refuse the application. (2) A pilotage services licence issued under subsection (1)— (a) takes effect on the day the pilotage services licence is issued; and (b) remains in effect unless suspended, cancelled or surrendered. S. 73ZI inserted by No. 19/2022 s. 33. 73ZI Cancellation or suspension of pilotage services licence S. 73ZI(1) amended by No. 34/2023 s. 127(Sch. 1 item 9.6). (1) This section applies if Safe Transport Victoria notifies Ports Victoria under section 171A of the **Marine Safety Act 2010** of the cancellation or suspension of a registration of a pilotage services provider under that Act. (2) In the case of a notification of the cancellation of registration of the pilotage services provider who is a licence holder , Ports Victoria must without delay cancel the pilotage services licence held by that provider. (3) In the case of a notification of the suspension of registration of the pilotage services provider who is a licence holder, Ports Victoria must without delay suspend the pilotage services licence held by that provider until the day the suspension of registration ends. S. 73ZJ inserted by No. 19/2022 s. 33. 73ZJ Surrender of pilotage services licence A licence holder may surrender their pilotage services licence to Ports Victoria. Division 4—Pilotage services standards S. 73ZK inserted by No. 19/2022 s. 33. 73ZK Determination of pilotage services standards (1) Ports Victoria may determine standards for or with respect to the provision of pilotage services by pilotage services providers in pilot required waters. (2) Without limiting subsection (1), standards determined under that subsection may do either or both of the following— (a) require a specified level of knowledge of, or skills and expertise in using, Victorian port navigation systems to ensure pilotage services are provided safely; (b) require a specified level of knowledge and understanding of harbour master directions that apply in pilot required waters to ensure pilotage services are provided safely. (3) Standards determined under subsection (1) may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstances. (4) Ports Victoria must publish standards it determines under subsection (1) on its internet site. Division 5—Internal and VCAT review of decisions Subdivision 1—Interpretation S. 73ZL inserted by No. 19/2022 s. 33. 73ZL Reviewable decisions (1) The following Table sets out— (a) decisions made under this Part that are reviewable in accordance with this Part (***reviewable decisions***); and (b) who is eligible to apply for review of a reviewable decision (the ***eligible person*** in relation to the reviewable decision). **Table** | *Item* | *Provision under which reviewable decision is made* | *Eligible person in relation to reviewable decision* | | 1 | Section 73ZH(1)(b) (refusal of application for pilotage services licence) | Applicant for pilotage services licence | (2) A ***reviewable decision*** does not include a decision referred to in the Table in subsection (1) that was affirmed, varied or substituted for another decision under section 73ZO. Subdivision 2—Internal review S. 73ZM inserted by No. 19/2022 s. 33. 73ZM Application for internal review (1) An eligible person may apply to Ports Victoria for review of a reviewable decision. Subdivision 3 provides for the review by VCAT of a reviewable decision. (2) An application under subsection (1) must be made within— (a) 20 business days after the day on which the decision first came to the eligible person's notice; or (b) such longer period as Ports Victoria allows. (3) An application under subsection (1) must be made in the manner and form determined by Ports Victoria. S. 73ZN inserted by No. 19/2022 s. 33. 73ZN Ports Victoria may stay operation of decision subject to application for internal review (1) An application under section 73ZM does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Ports Victoria stays the operation of the decision pending the determination of the internal review— (a) on Ports Victoria's own initiative; or (b) on the application of the applicant for review. (2) Ports Victoria must make a decision on an application for a stay within 2 business days after the making of that application. (3) If Ports Victoria has not made a decision in accordance with subsection (2), it is taken to have made a decision to grant a stay. (4) Ports Victoria may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate. S. 73ZO inserted by No. 19/2022 s. 33. 73ZO Determination of application for internal review (1) On receiving an application made in accordance with section 73ZM, Ports Victoria must make a fresh decision— (a) that affirms or varies the reviewable decision; or (b) that sets aside the reviewable decision and substitutes another decision that it considers appropriate. (2) Ports Victoria must give a written notice (a ***decision notice***) to the applicant setting out— (a) the decision of Ports Victoria under subsection (1) and the reasons for the decision; and (b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based. (3) Ports Victoria must give a decision notice to the applicant within 20 business days after the application is made. (4) If Ports Victoria does not comply with subsection (3), Ports Victoria is taken to have made a decision to affirm the reviewable decision. Subdivision 3—VCAT review S. 73ZP inserted by No. 19/2022 s. 33. 73ZP Review of Ports Victoria decisions by VCAT (1) An eligible person may apply to VCAT for review of a decision referred to in the Table in section 73ZL(1) made by Ports Victoria under section 73ZO or otherwise. (2) An application under subsection (1) must be made within 28 days after the later of— (a) the day on which the decision of Ports Victoria was made; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Division 6—Miscellaneous S. 73ZQ inserted by No. 19/2022 s. 33. 73ZQ Register of holders of pilotage services licences (1) Ports Victoria must keep and maintain a register of every holder of a pilotage services licence. (2) The register kept under subsection (1) must set out— (a) the name and address of each holder of a pilotage services licence; and (b) the date of issue of each pilotage services licence held by a holder of a pilotage services licence; and (c) any other information that Ports Victoria determines should be included in the register. Pt 5 (Heading) amended by No. 63/2007 s. 11. Part 5—Port fees S. 74AA inserted by No. 10/2016 s. 123. 74AA Definitions ***anchorage fee*** means a channel fee for the provision of an anchorage; A channel includes anchorages—see the definition of ***channel*** in section 3(1). ***approved channel fee*** means a channel fee approved by Order in Council under section 74AB; ***approved wharfage fee*** means a wharfage fee approved by Order in Council under section 74AB; S. 74AA def. of *designated State port entity* amended by Nos 10/2016 s. 179(Sch. 1 item 7.17), 19/2022 s. 44. ***designated State port entity*** means any of the following entities designated by Order in Council under section 74AB— (a) Ports Victoria; (b) a public entity other than Ports Victoria. S. 74AB inserted by No. 10/2016 s. 123. 74AB Designated State port entities and approved wharfage fees and channel fees The Governor in Council, by Order published in the Government Gazette, may do any one or more of the following— S. 74AB(a) amended by Nos 10/2016 s. 179(Sch. 1 item 7.18), 19/2022 s. 45(a). (a) designate Ports Victoria or another public entity as a designated State port entity; (b) approve a wharfage fee determined by a designated State port entity under section 74 as an approved wharfage fee; S. 74AB(c) amended by Nos 10/2016 s. 179(Sch. 1 item 7.18), 19/2022 s. 45(a). (c) approve a channel fee (other than an anchorage fee) determined by Ports Victoria under section 75 as an approved channel fee. Note to s. 74AB(c) amended by Nos 10/2016 s. 179(Sch. 1 item 7.19), 19/2022 s. 45(b). Ports Victoria is the channel operator for port of Melbourne waters—see the definition of ***channel operator*** in section 3(1). S. 74 (Heading) substituted by No. 38/2011 s. 26(1). S. 74 amended by No. 23/2003 s. 10, substituted by No. 63/2007 s. 12.