84Making a declaration of restricted access area

84 Making a declaration of restricted access area

S. 84(1) amended by Nos 10/2016 s. 179(Sch. 1 item 7.24), 19/2022 s. 53(a).

(1) The Minister, on the recommendation of Ports Victoria may declare—

S. 84(1)(a) amended by No. 45/2010 s. 38(1)(2), substituted by No. 38/2011 s. 33(1), amended by No. 10/2016 s. 132(1).

(a) that any part of port of Melbourne waters or port of Melbourne land, that is not leased port of Melbourne land, that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted; or

S. 84(1)(b) amended by Nos 45/2010 s. 38(3), 38/2011 s. 33(2)(a).

(b) that, in relation to a vessel, while the vessel is in port of Melbourne waters, the area that is—

(i) within a specified distance of the vessel (not being a distance of more than 1·4 kilometres); and

S. 84(1)(b)(ii) substituted by Nos 45/2010 s. 38(4), 38/2011 s. 33(2)(b).

(ii) within port of Melbourne waters or port of Melbourne land—

is an area to which access is restricted.

S. 84(1AA) inserted by No. 10/2016 s. 132(2).

(1AA) The Minister, on the recommendation of the port of Melbourne operator, may declare that any part of leased port of Melbourne land that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted.

S. 84(1A) inserted by No. 38/2011 s. 33(3).

(1A) The Minister, on the recommendation of the Port of Hastings Development Authority may declare that any part of port of Hastings land that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted.

S. 84(2) amended by No. 19/2022 s. 53(b).

(2) The Minister, on the recommendation of Ports Victoria may declare—

S. 84(2)(a) amended by No. 19/2022 s. 53(b).

(a) that a part of any port waters of Ports Victoria, that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted; or

S. 84(2)(b) amended by No. 19/2022 s. 53(b).

(b) that, in relation to a vessel, while the vessel is in port waters of Ports Victoria, the area that is—

(i) within a specified distance of the vessel (not being a distance of more than 1⋅4 kilometres); and

S. 84(2)(b)(ii) amended by No. 19/2022 s. 53(b).

(ii) within port waters of Ports Victoria—

is an area to which access is restricted.

(3) The Minister must not make a declaration under this section unless—