75Channel fees

75 Channel fees (1) Subject to this Part— S. 75(1)(a) amended by No. 19/2022 s. 46(a). (a) Ports Victoria may determine fees for— S. 75(1)(a)(i) amended by Nos 10/2016 s. 125(1)(a), 19/2022 s. 46(a). (i) the provision of channels by Ports Victoria in the port waters of Ports Victoria for use by vessels, not being channels in the port waters of a channel operator; and (ii) any service related to the provision of the service described in subparagraph (i); and S. 75(1)(b) substituted by No. 10/2016 s. 125(1)(b). (b) a channel operator may determine fees for— (i) the provision of channels by the channel operator in the port waters of the channel operator for use by vessels; and (ii) any service related to the provision of the service described in subparagraph (i); and Note to s. 75(1)(b) amended by Nos 10/2016 s. 179(Sch. 1 item 7.20), 19/2022 s. 46(b). Ports Victoria is the channel operator for port of Melbourne waters—see the definition of ***channel operator*** in section 3(1). S. 75(1)(c) inserted by No. 10/2016 s. 125(1)(b). (c) the port of Melbourne operator may determine fees for— (i) the provision of channels (other than anchorages) by the port of Melbourne operator in port of Melbourne waters for use by vessels; and (ii) any service related to the provision of the service described in subparagraph (i). (2) A fee determined under subsection (1)— (a) may be calculated by reference to the tonnage of a vessel or in any other manner; and (b) may differ according the nature of any vessel or any cargo on any vessel; and S. 75(2)(c) substituted by No. 10/2016 s. 125(2). (c) may differ according to the length of time vessels are in— S. 75(2)(c)(i) amended by No. 19/2022 s. 46(c). (i) if the fee is determined by Ports Victoria or the channel operator, the port waters of a port serviced by Ports Victoria or the channel operator (as the case requires); and (ii) if the fee is determined by the port of Melbourne operator, port of Melbourne waters. S. 75(2A) inserted by No. 10/2016 s. 125(3). (2A) A fee determined by the port of Melbourne operator as provided under subsection (2) is subject to Part 3. S. 75(3) amended by No. 10/2016 s. 125(4). (3) Subject to subsection (3A), a fee determined under subsection (1) is payable by the person or persons specified in the determination, who must be one or more of the following— (a) the owner of any vessel that has used, is using or proposes to use the channel; (b) the person who, immediately after any cargo is unloaded from a vessel that has used the channel, is the owner of the cargo; (c) the person who, immediately before cargo is loaded onto a vessel that proposes to use the channel, is the owner of the cargo. S. 75(3A) inserted by No. 10/2016 s. 125(5), amended by Nos 10/2016 s. 179(Sch. 1 item 7.21), 19/2022 s. 46(d). (3A) A fee determined under subsection (1) by Ports Victoria (other than an anchorage fee) is not payable under subsection (3) unless the fee is an approved channel fee. Note to s. 75(3A) amended by Nos 10/2016 s. 179(Sch. 1 item 7.22), 19/2022 s. 46(e). Ports Victoria is the channel operator for port of Melbourne waters—see the definition of ***channel operator*** in section 3(1). S. 75(4) amended by Nos 10/2016 s. 125(6), 19/2022 s. 46(f). (4) If a fee determined under subsection (1) is not paid by the person liable under the determination to pay it, that person and the person who is the owner of the cargo, at the time payment is demanded by Ports Victoria, the channel operator or the port of Melbourne operator (as the case requires), are jointly and severally liable for the payment of the fee. (5) Nothing in this section affects a fee payable for the services specified in subsection (1) in accordance with the terms of a contract. Ss 76, 77 repealed by No. 51/1996 s. 10(1). S. 78 (Heading) inserted by No. 63/2007 s. 18(Sch. item 1(1)).