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— (a) the Minister is satisfied that the declaration is necessary to enable the recommending authority to carry out its powers or functions and give effect to its objectives under this Act; and (b) if any area or part of an area that is to be declared under subsection (1) or (2)— (i) is reserved or deemed to be reserved under the **Crown Land (Reserves) Act 1978**; or (ii) is within 100 metres of land that is reserved or deemed to be reserved under the **Crown Land (Reserves) Act 1978**— the Minister has first consulted the Minister administering that Act. (4) A park or a part of a park, within the meaning of the **National Parks Act 1975**, is not to be taken to be the subject of a declaration under this section, unless the Minister administering that Act consents to the application of the declaration to the park or the part of the park. S. 84(5) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), 34/2023 s. 127(Sch. 1 item 9.7). (5) If any area or part of an area that is to be declared under subsection (1) or (2) is in port waters of a recommending authority, the recommending authority must not recommend the declaration of the area unless the authority has first consulted Safe Transport Victoria. (6) If any area or part of an area that is to be declared under subsection (1) or (2) is within 100 metres of a park or a part of a park, within the meaning of the **National Parks Act 1975**, the recommending authority must not recommend the declaration of the area unless the authority has first consulted the Secretary, within the meaning of that Act. S. 84(7) amended by Nos 45/2010 s. 38(5), 19/2022 s. 53(c). (7) Ports Victoria must not recommend the declaration of a restricted access area under subsection (2) in relation to port waters of Ports Victoria in respect of which Ports Victoria has delegated any of its functions under Division 3 of Part 6 of the **Transport Integration Act 2010**, unless Ports Victoria has first consulted with the person or body to whom Ports Victoria has delegated the functions. New s. 85 inserted by No. 63/2007 s. 14, amended by No. 10/2016 s. 133.