74Wharfage fees—Port of Melbourne

74 Wharfage fees—Port of Melbourne S. 74(1) amended by Nos 45/2010 s. 36, 38/2011 s. 26(2), substituted by No. 10/2016 s. 124(1). (1) Subject to this Part— (a) the port of Melbourne operator may determine a wharfage fee in respect of the provision of a site in the port of Melbourne at which stevedoring operations may be carried out; and (b) a designated State port entity may determine a wharfage fee in respect of the provision of a site in the port of Melbourne at which stevedoring operations may be carried out. S. 74(2) amended by No. 10/2016 s. 124(2). (2) A fee determined under subsection (1) may be calculated by reference to the quantity, volume, weight or value of cargo loaded or unloaded at the site. S. 74(2A) inserted by No. 10/2016 s. 124(3). (2A) The calculation of a fee by the port of Melbourne operator as provided under subsection (2) is subject to Part 3. S. 74(3) amended by No. 10/2016 s. 124(4). (3) Subject to this Act, different fees may be determined under subsection (1) in respect of a site or a class of site, or cargo or a class of cargo, or a vessel or a class of vessel or according to any other factors that the port of Melbourne operator or designated State port entity determines. S. 74(4) amended by No. 10/2016 s. 124(5). (4) A fee determined under subsection (1)(a) is payable to the port of Melbourne operator and a fee determined under subsection (1)(b) that is an approved wharfage fee is payable to the designated State port entity that determined it— (a) in the case of cargo unloaded from a vessel at the site, by the person who, immediately after it is unloaded, is the owner of the cargo; and (b) in the case of cargo loaded onto a vessel at the site, by the person who, immediately before it is loaded, is the owner of the cargo; and (c) in the case of the loading of an empty container onto a vessel or the unloading of an empty container from a vessel at the site, by the person who is the owner of the vessel. S. 74(5) amended by No. 10/2016 s. 124(6). (5) If a fee determined under subsection (1)(a) or an approved wharfage fee, or any part of such a fee, is not paid by the person liable under subsection (4)(a) or (b) to pay it, that person and the person who, at the time payment is demanded by the port of Melbourne operator or designated State port entity (as the case requires), is the owner of the cargo are jointly and severally liable for the payment of the fee. (6) Nothing in this section affects a fee payable for services specified in subsection (1) in accordance with the terms of a contract. S. 74A inserted by No. 38/2011 s. 27.