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—