91BApplication of other Acts

91B Application of other Acts (1) This Part has effect in addition to, and not in derogation of, any Act referred to in the definition of ***relevant Ministers***. (2) If a provision of this Part is inconsistent with a provision of an Act referred to in the definition of ***relevant Ministers***, the provision of the Act referred to in the definition prevails to the extent of any inconsistency. S. 91BA inserted by No. 10/2016 s. 148. 91BA Extended meaning of *port manager* (1) Without limiting the meaning of ***port manager*** in section 3(1), for the purposes of this Part, the port of Melbourne operator is also a port manager who manages, superintends or controls the operation of a part of the port of Melbourne when the operator is— (a) carrying out channel-dredging activities in port of Melbourne waters; or (b) establishing or maintaining navigational aids in connection with navigation in port of Melbourne waters. (2) To avoid doubt, the activities referred to in subsection (1)(a) and (b) are part of the operations of the port of Melbourne. S. 91C inserted by No. 85/2003 s. 18. 91C Port manager's responsibilities for management plans S. 91C(1) amended by No. 54/2012 s. 4(1). (1) A port manager must ensure that— (a) a safety management plan; and (b) an environment management plan— are prepared in accordance with this Part for the port or part of the port that the port manager manages, superintends or controls. S. 91C(1AA) inserted by No. 54/2012 s. 4(2). (1AA) A port manager may prepare a safety management plan and an environment management plan under subsection (1) as a single plan. S. 91C(1A) inserted by No. 63/2007 s. 15. (1A) A port manager must ensure that— (a) the safety management plan; and (b) the environment management plan— for the port or the part of the port that the port manager manages, superintends or controls are audited in accordance with this Part. 1. 240 penalty units, in the case of a commercial or trading port and 60 penalty units in the case of a local port. (2) A port manager must ensure that reasonable steps are taken to— S. 91C(2)(a) amended by No. 10/2016 s. 149(1). (a) implement the measures or strategies that are specified in the management plan to prevent or reduce the hazards and risks associated with the operation of the port or part of the port; and S. 91C(2)(b) amended by No. 10/2016 s. 149(1). (b) follow the processes that are set out in the management plan to involve tenants, licensees and service providers in the port or part of the port with the implementation of the management plan; and (c) follow the procedures that are set out in the management plan for implementing, reviewing and revising the management plan. (3) The port manager must comply with any written direction of the Minister under section 91H. (4) The port manager must ensure that copies of the following documents are kept at the office of the port manager at the port— S. 91C(4)(a) amended by No. 10/2016 s. 149(2). (a) the port safety management plan and the environment management plan for the port or part of the port; and (b) the certificates required to be attached to those plans; and S. 91C(4)(c) amended by No. 25/2025 s. 39. (c) audit reports on the management plans prepared under section 91FA. (5) The port manager must ensure that copies of the documents referred to in subsection (4) are made available for inspection by a person authorised in writing by the Minister to have access to those documents. S. 91CA inserted by No. 54/2012 s. 5. 91CA Safety and environment management planning objectives The safety management and environment management planning objectives are— (a) promoting improvements in safety and environmental outcomes at Victoria's ports; and (b) promoting and facilitating the development, maintenance and implementation of systems that enable compliance with the various safety and environmental duties that apply to the operation of the port; and (c) promoting an integrated and systematic approach to risk management in relation to the operation of the port. S. 91D inserted by No. 85/2003 s. 18.