98Regulations

98 Regulations S. 98(1) substituted by No. 85/2003 s. 19(1). (1) The Governor in Council may, with respect to commercial trading ports managed by a port corporation or local ports generally or with respect to a specified commercial trading port managed by a port corporation or local port, make regulations for or with respect to— (a) the management of the ports or port; (b) the conduct and behaviour of people within the ports or port, and the conditions on which people may be admitted to, or excluded from, any part of the ports or port; (c) traffic co-ordination and the movement and the parking of vehicles within the ports or port; S. 98(1)(ca) inserted by No. 93/2009 s. 14(a), repealed by No. 54/2012 s. 17(1). S. 98(1)(cb) inserted by No. 93/2009 s. 14(a), amended by No. 54/2012 s. 17(2). (cb) prohibition or regulation of the carrying out on port land or on vessels in port waters or elsewhere in port waters of hazardous port activities, including but not limited to— (i) notification of any such hazardous port activities; (ii) authorisation of the carrying out of any such hazardous port activities; (iii) conditions to which such authorisations are subject and any other matters for or with respect to such authorisations; (iv) recovery of costs associated with the regulation of the carrying out of such hazardous port activities and of any action required to be taken in relation to the carrying out of such hazardous port activities; (v) forms and notices relating to the carrying out of such activities; S. 98(1)(cc) inserted by No. 93/2009 s. 14(a), amended by No. 25/2025 s. 42(1). (cc) the moving of unattended things; S. 98(1)(cd) inserted by No. 93/2009 s. 14(a), amended by No. 25/2025 s. 42(2). (cd) procedures for dealing with unattended things, including but not limited to— S. 98(1)(cd)(i) amended by No. 25/2025 s. 42(2). (i) storage of unattended things; (ii) the nature of enquiries to be made as to the ownership of the things; (iii) methods of collection of things by owners and notification of that method to owners; (iv) methods of disposal for particular things; (v) methods for recovery of costs of storage and disposal of things; S. 98(1)(cd)(vi) amended by No. 25/2025 s. 42(2). (vi) the keeping of registers of unattended things; S. 98(1)(ce) inserted by No. 54/2012 s. 17(3). (ce) prescribing bodies for the purposes of sections 91FA and 91HB; S. 98(1)(d) amended by No. 93/2009 s. 14(b). (d) prescribing penalties not exceeding 20 penalty units for breaches of the regulations; (e) prescribing any other matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect with respect to the ports or port. S. 98(1A) inserted by No. 10/2016 s. 157(1), substituted by No. 41/2021 s. 138. (1A) In addition, the Governor in Council may make regulations or with respect to— (a) prescribing provisions of this Act as civil penalty requirements for the purposes of the **Essential Services Commission Act 2001**; (b) prescribing amounts for the purposes of section 54E(b), (c), (d) or (g) of the **Essential Services Commission Act 2001**; (c) prescribing amounts of notice penalties for the purposes of section 54U(b), (c), (d) or (g) of the **Essential Services Commission Act 2001**; (d) prescribing any other matter that is required for the operation of civil penalty orders in Division 1 of Part 7 of the **Essential Services Commission Act 2001**; (e) prescribing any other matter that is required to be prescribed for the operation of the penalty notice regime in Division 2 of Part 7 of the **Essential Services Commission Act 2001**; (f) any other matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act. (2) Regulations made under this Act may be made— S. 98(2)(aa) inserted by No. 10/2016 s. 157(2). (aa) so as to be of general or limited application; S. 98(2)(aab) inserted by No. 10/2016 s. 157(2). (aab) so as to differ according to differences in time, place or circumstances; (a) so as to apply— S. 98(2)(a)(i) repealed by No. 10/2016 s. 157(3). S. 98(2)(a)(ii) amended by No. 85/2003 s. 19(2). (ii) throughout the whole of the port area or in a specified part of that area; (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a prescribed person; (c) so as to incorporate, adopt or apply, wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or (ii) as amended from time to time; (d) so as to confer a discretionary authority on a prescribed person; (e) so as to provide, in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified. S. 98(3) inserted by No. 51/2014 s. 9(Sch. 2 item 14.3). (3) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles. Pt 8 (Heading) substituted by No. 23/2003 s. 11.