Port Management (Local Ports) Regulations 2025 (Victoria)

Mechanically, the Port Management (Local Ports) Regulations 2025 (the Regulations) replace the 2015 Regulations (reg 4) and establish a regulatory framework for the control, use and management of Victoria's local ports. The key instruments the Regulations create are: (a) set aside determinations by the port manager that permit, prohibit or restrict activities or access in defined areas (Part 2, regs 10-16); (b) a local port permit regime under which persons apply to undertake activities or access areas that would otherwise contravene a determination or the Regulations (Part 3, regs 17-27); and (c) a detailed set of offences, directions and powers governing berthing, mooring, anchoring, cargo management, works, motor vehicles, unattended vessels/goods, and a range of recreational and commercial activities (Parts 4 and 5, regs 28-70). The Regulations commence on 22 June 2025 (reg 3) and will sunset on 17 June 2035 in accordance with the Subordinate Legislation Act 1994 (Endnotes).

Operationally, the port manager is the central decision-maker. The Regulations give the port manager broad discretion to make set aside determinations (regs 10, 12, 13), include conditions (reg 14), publish and display determinations (reg 15), and maintain records (reg 16). The port manager also issues local port permits (reg 18), may refuse, suspend, cancel or vary permits (regs 18-24), and may issue written requirements for works, organised activities and unattended vessels/goods which must be published in the Government Gazette and on the port manager’s internet site (regs 52(2)-(3), 47(2)-(3), 59(2)-(3)).

Enforcement tools are a mix of criminal offences carrying penalties in penalty units (mostly 10 or 20 penalty units depending on the contravention), directions that must be complied with immediately (reg 70(3)), owner-onus and operator-onus offences that shift evidential burdens to vessel owners or vehicle operators in certain circumstances (see regs that state owner onus or operator onus with reference to the Marine Safety Act 2010 Part 4.7 or Road Safety Act 1986 Part 6AA), and administrative powers to move, store and dispose of unattended vessels, goods or other things with recovery of costs as a debt (regs 48-51). The Regulations also specify that certain other instruments prevail to the extent of inconsistency (reg 6), and that harbour master directions under the Marine Safety Act prevail over inconsistent directions given under these Regulations (reg 7).

Version No. 001

Port Management (Local Ports) Regulations 2025

S.R. No. 54/2025

Version as at
22 June 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 1

5 Definitions 1

6 Certain regulations and other instruments prevail 7

7 Harbour master's directions prevail 7

8 Liability for offences 7

Part 2—Set aside determinations 9

Division 1—General set aside determinations 9

9 Application of Division 9

10 Activities in and access to areas set aside 9

11 Temporary prohibition of access in certain circumstances 10

Division 2—Set aside determinations for specific purposes 11

12 Berthing, mooring and anchoring 11

13 Management of cargo 12

Division 3—Conditions on set aside determinations 12

14 Set aside determinations subject to conditions 12

Division 4—Notification and record-keeping requirements 12

15 Notice requirements for set aside determinations 12

16 Port manager to maintain records of set aside determinations 13

Part 3—Local port permits 14

Division 1—Issue of local port permit 14

17 Application 14

18 Decision on application 15

19 Grounds for refusal 15

20 Purpose of local port permit not to be detrimental 16

21 Content of local port permit 17

22 Notice of refusal 17

Division 2—Suspension, cancellation or variation of local port permit 18

23 Suspension of local port permit 18

24 Cancellation or variation of local port permit 18

Division 3—Permit offences 20

25 Local port permit to be in possession of permit holder 20

26 Permit holder to produce local port permit for inspection on request 20

27 Offence not to comply with conditions of permit 21

Part 4—Management of local ports 22

Division 1—General set aside determination offences 22

28 Offence to interfere with permitted activity 22

29 Offence to carry out prohibited or restricted activity 22

30 Offence to enter or remain in area where access prohibited or restricted 22

Division 2—Berthing, mooring and anchoring offences 23

31 Vessel to be berthed, moored or anchored in accordance with determination 23

32 Offence to install or use unapproved mooring 23

33 Vessel not to be berthed or moored in prohibited area 24

34 Vessel not to be berthed or moored in permit-only area without permit 24

35 Vessel not to be anchored in mooring area 24

36 Time limit on berthing and mooring 25

37 Vessel to be securely berthed, moored or anchored 27

38 Vessels not to lie alongside in berthing areas except as directed or permitted 27

39 Free access to and from berthed vessel 28

40 Offence to leave vessel unattended by person authorised to act as master 28

Division 3—Cargo management offences 29

41 Cargo not to be managed in prohibited area 29

Division 4—Vessel management offences 29

42 Reporting of incidents involving hazardous port activities 29

43 Refuelling of vessels 29

44 Use of propellers 30

45 Storage of equipment and other items 31

Division 5—Motor vehicle management offences 31

46 Motor vehicle entry restricted 31

Division 6—Vessels, goods or other things left unattended 32

47 Offence to leave unattended vessel, goods or other thing or to cause obstruction 32

48 Direction to move vessel, goods or other thing 32

49 Removal of vessel, goods or other thing 34

50 Disposal of vessel, goods or other thing 34

51 Recovery of costs 35

Part 5—Activities in local ports 37

Division 1—Regulated activities 37

52 Work in a local port 37

53 Camping 39

54 Jumping and diving 39

55 Swimming and other in-water activities 39

56 Fishing-related activities 40

57 Retrieval of fishing rods and fishing lines when vessel approaching wharf 41

58 Commercial activities 41

59 Organised activities 41

60 Interference with vessel moorings 42

61 Interference with property or infrastructure of port manager 43

62 Trespassing on vessels 43

63 Fireworks and other explosives 43

64 Leaving or depositing of litter and other waste 44

65 Interference with safety equipment 44

66 Damage or obstruction to, or interference with, roads, gates and other areas 45

67 Certain gates to be kept closed 45

68 Hindrance or danger to navigation 45

69 Lighting of fires 45

Division 2—Directions 46

70 Directions to person causing interference etc. 46

Part 6—General 49

71 Identity cards 49

═════════════

Endnotes 51

1 General information 51

2 Table of Amendments 53

3 Explanatory details 54

Version No. 001

Port Management (Local Ports) Regulations 2025

S.R. No. 54/2025

Version as at
22 June 2025

Part 1—Preliminary

1 Objective

The objective of these Regulations is to provide for the safe, efficient and effective management of local ports.

2 Authorising provision

These Regulations are made under section 98 of the Port Management Act 1995.

3 Commencement

These Regulations come into operation on 22 June 2025.

4 Revocation

The Port Management (Local Ports) Regulations 2015[1] are revoked.

5 Definitions

In these Regulations—

agreed activity, in relation to a traditional owner group member, means an agreed activity within the meaning of section 79 of the Traditional Owner Settlement Act 2010 carried out on public land within the meaning of that Act by the member in accordance with a Part 6 traditional owner settlement agreement;

alterations means any repair, maintenance, installation, modification, demolition or construction work, including work on a vessel or in respect of any equipment on a vessel, but does not include works;

ambulance service has the same meaning as in the Ambulance Services Act 1986;

berthing area means—

(a) a short-term berthing area; or

(b) a permit-only berthing area; or

camp means—

(a) to erect, occupy or use, for accommodation, a tent, tarpaulin or any similar form of accommodation, shelter or temporary structure; or

(b) to occupy or use a swag or sleeping bag; or

Chief Executive of Safe Transport Victoria means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the Transport Integration Act 2010;

commercial filming has the same meaning as in the Filming Approval Act 2014;

explosives has the same meaning as in the Dangerous Goods Act 1985;

fireplace means a fixed facility constructed of stone, metal, concrete or other non‑flammable material provided by the port manager for the purpose of lighting, kindling or maintaining a fire;

fisheries officer means an authorised officer within the meaning of the Victorian Fisheries Authority Act 2016;

48-hour berthing area means an area in a local port where a vessel is capable of being berthed and which is not—

(a) a short-term berthing area; or

(b) a permit-only berthing area; or

48-hour mooring area means an area in a local port where a vessel is capable of being moored and which is not—

(a) a short-term mooring area; or

(b) a permit-only mooring area; or

fuelling facility means a mobile or fixed installation or equipment used in fuel storage or transfer that is located onshore or offshore;

hot works means welding, thermal or oxygen cutting or heating or any other heat producing or spark producing activity;

industrial waste has the same meaning as in the Environment Protection Act 2017;

litter has the same meaning as in the Environment Protection Act 2017;

local port permit means a permit issued under regulation 18;

low value, in relation to a good or a thing, means a value less than—

(a) in the case of a vessel, $10 000; or

(b) in the case of any other good or thing, $2000;

marine safety equipment has the same meaning as in the Marine Safety Act 2010;

master has the same meaning as in the Marine Safety Act 2010;

mooring area means—

(a) a short-term mooring area; or

(b) a permit-only mooring area; or

motor vehicle has the same meaning as in the Road Safety Act 1986;

organised activity means a boat race, regatta, swimming race, competition, tournament, festival, concert, promotion, fireworks display or any other similar event;

Part 6 traditional owner settlement agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

permit holder means a person issued a local port permit;

permit-only berthing area means an area subject to a set aside determination which allows a vessel to be berthed in that area by a person who holds a local port permit in relation to berthing a vessel;

permit-only mooring area means an area subject to a set aside determination which allows a vessel to be moored in that area by a person who holds a local port permit in relation to mooring a vessel;

prohibited berthing area means an area subject to a set aside determination which prohibits vessels from being berthed in that area;

prohibited mooring area means an area subject to a set aside determination which prohibits vessels from being moored in that area;

recreational vessel has the same meaning as in the Marine Safety Act 2010;

responder agency has the same meaning as in the Emergency Management Act 2013;

set aside determination means a determination made by the port manager to set aside an area under regulation 10, 11, 12 or 13;

sewage has the same meaning as in Annex IV of Schedule 1 to the Pollution of Waters by Oil and Noxious Substances Act 1986;

short-term berthing area means an area subject to a set aside determination which allows vessels to be berthed in that area at certain specified times or for certain specified periods, but does not include a permit-only berthing area;

short-term mooring area means an area subject to a set aside determination which allows vessels to be moored in that area at certain specified times or for certain specified periods, but does not include a permit-only mooring area;

the Act means the Port Management Act 1995;

traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;

traditional owner group member means a member of a traditional owner group who is bound by a Part 6 traditional owner settlement agreement that has been entered into by a traditional owner group entity appointed to represent the traditional owner group in relation to public land (within the meaning of the Traditional Owner Settlement Act 2010) for the purposes of that Act;

trailer has the same meaning as in the Road Safety Act 1986;

transport safety officer has the same meaning as in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

vehicle has the same meaning as in the Road Safety Act 1986 but does not include any of the following—

(a) a wheelchair;

(b) a motorised wheelchair;

(d) any other device used for the conveyance of a person with a disability or injury;

volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives reimbursement for out‑of‑pocket expenses);

wharf includes a pier, jetty, pontoon, quay, breakwater or boardwalk.

6 Certain regulations and other instruments prevail

The following regulations and other instruments prevail over these Regulations to the extent of any inconsistency—

(a) any regulations or other instruments made under the Marine Safety (Domestic Commercial Vessel) National Law;

(b) any regulations or other instruments made under the Marine Safety Act 2010;

(d) any regulations or other instruments made under the Filming Approval Act 2014;

(e) any regulations or other instruments made under the National Parks Act 1975;

(f) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 as they apply to any land reserved under that Act which forms part of a local port.

7 Harbour master's directions prevail

A direction given by a port manager, transport safety officer, fisheries officer or police officer under these Regulations that is inconsistent with a direction given by a harbour master (including a port manager acting as a harbour master) under Part 6.4 of the Marine Safety Act 2010 has no effect to the extent of the inconsistency.

8 Liability for offences

(1) The following persons do not commit an offence against these Regulations, other than regulation 71, if the person carries out an activity that would otherwise constitute that offence and the person is acting in the course of the person's duties—

(a) a police officer;

(b) the Chief Executive of Safe Transport Victoria;

(d) a port manager;

(e) an officer, employee or agent of a port manager;

(f) an officer, employee, volunteer or agent of a responder agency;

(g) an officer, employee or agent of an ambulance service;

(h) a fisheries officer;

(i) an authorised officer within the meaning of section 3(1) of the Conservation, Forests and Lands Act 1987.

(2) A person who holds a lease or licence issued under any Act in relation to land or waters which form part of a local port does not commit an offence against these Regulations, other than regulation 52, to the extent that the lease or licence authorises the activity that would otherwise constitute the offence.

Part 2—Set aside determinations

Division 1—General set aside determinations

9 Application of Division

This Division does not apply to—

(a) the berthing, mooring or anchoring of vessels in a local port; or

(b) the management of cargo in a local port, including the arrival, loading, unloading or transfer of cargo.

10 Activities in and access to areas set aside

(1) For the purposes of promoting the safe, efficient and effective management of a local port, a port manager may make a determination to set aside an area in a local port—

(a) in which the carrying out of a specified activity is permitted; or

(b) in which the carrying out of a specified activity is prohibited or restricted; or

(2) In making a determination under subregulation (1), a port manager must have regard to the following matters—

(a) providing reasonable public access to the local port;

(b) accommodating the competing interests of local port users as far as is practicable;

(d) protecting public health and safety;

(e) protecting, conserving and improving—

(i) local port facilities, features and amenity; and

(ii) the natural environment;

(f) the need for police officers and officers, employees, volunteers or agents of any responder agency or ambulance service to have access to and through the local port to carry out their functions;

(g) whether the determination will interfere or conflict with any agreed activity that is carried out in the local port in accordance with a Part 6 traditional owner settlement agreement.

(3) A determination made under subregulation (1) may permit, prohibit or regulate more than one activity.

11 Temporary prohibition of access in certain circumstances

(1) Subject to subregulation (2), a port manager may make a determination to set aside an area in a local port in which⎯

(a) access to that area; or

(b) the carrying out of an activity in that area—

is prohibited or restricted for not more than 90 days.

(2) A port manager may only make a determination under subregulation (1)—

(a) in the event of, or in anticipation of, any fire, flood, natural disaster or other emergency; or

(b) if the port manager reasonably believes that there is imminent risk of—

(i) harm or damage to—

(A) the health or safety of any person; or

(B) local port facilities or other property; or

(ii) significant interference with the safe, efficient and effective management of the local port.

(3) A port manager is not required to have regard to the matters set out in regulation 10(2) when making a determination under subregulation (1).

(4) A determination made under subregulation (1) in relation to an area in a local port replaces any previous set aside determination made by the port manager in respect of that area or any part of that area for the period specified in the temporary determination.

(5) A person must comply with a determination made under this regulation.

Penalty: 10 penalty units.

Division 2—Set aside determinations for specific purposes

12 Berthing, mooring and anchoring

A port manager may make a determination to set aside an area in a local port in which the mooring, berthing or anchoring of a vessel is—

(a) permitted; or

(b) prohibited; or

13 Management of cargo

A port manager may make a determination to set aside an area in a local port in which the management of cargo, including the arrival, loading, unloading or transfer of cargo, is—

(a) permitted; or

(b) prohibited; or

Division 3—Conditions on set aside determinations

14 Set aside determinations subject to conditions

In making a set aside determination, a port manager may include in the determination any reasonable condition which applies in relation to the activity or access that is the subject of the determination.

Division 4—Notification and record-keeping requirements

15 Notice requirements for set aside determinations

(1) As soon as practicable after making a set aside determination, a port manager must display details of the set aside determination, including any condition included in the determination, in a place or manner that ensures the information is reasonably likely to be seen and understood by relevant users of the local port.

(2) Details of any set aside determination made by a port manager—

(a) must be published in the Government Gazette and on the port manager's Internet site; and

(b) may be published in any other manner that the port manager considers appropriate.

16 Port manager to maintain records of set aside determinations

A port manager must keep a written record of any set aside determination, including any condition to which the determination is subject.

Part 3—Local port permits

Division 1—Issue of local port permit

17 Application

(1) A person may apply to the port manager of a local port for a local port permit to do any one or more of the following in the local port—

(a) berth, moor or anchor a vessel;

(b) manage cargo, including carrying out any activity related to the arrival, loading, unloading or transfer of cargo;

(i) does not fall within paragraph (a) or (b); and

(ii) would otherwise contravene these Regulations or a set aside determination;

(d) access an area which, if accessed, would otherwise contravene these Regulations or a set aside determination.

(2) An application under subregulation (1) must—

(a) specify the activity or area that the applicant is applying to carry out or access; and

(b) be in a form approved by the port manager.

(3) Despite subregulation (1), a person cannot apply under that subregulation for a local port permit to carry out an activity in the local port that would contravene a set aside determination made under regulation 11.

18 Decision on application

(1) Subject to this Division, on receiving an application under regulation 17, a port manager may—

(a) approve the application and issue a local port permit; or

(b) refuse the application.

(2) A port manager may do either or both of the following when issuing a local port permit under subregulation (1)—

(a) make the permit subject to any reasonable conditions;

(b) specify a period of effect for the permit.

19 Grounds for refusal

(1) A port manager may refuse an application under regulation 18 if the port manager reasonably believes that—

(a) the applicant has contravened—

(i) a local port permit (or a condition to which that permit is subject) previously issued to the applicant by the port manager; or

(ii) any other permit (or a condition attached to that permit) previously issued to the applicant by the port manager; or

(iii) a condition of a lease or licence referred to in regulation 8(2); and

(b) it is reasonably likely that the applicant will contravene the permit to which the application relates (or a condition to which that permit is subject) if the permit were issued.

(2) In addition, a port manager may refuse an application under regulation 18 if the application is for a local port permit under regulation 17(1)(c) or (d) and the port manager is satisfied that—

(a) carrying out the activity or accessing the area would—

(i) create a significant risk of harm or damage to—

(A) the health or safety of any person; or

(B) local port facilities or other property; or

(ii) significantly interfere with—

(A) any other activity being carried out or any other area being accessed as permitted under these Regulations within the local port; or

(B) the provision of reasonable public access to the local port; or

(b) imposing reasonable conditions on the permit would not remove the significant risk of harm or damage or significant interference referred to in paragraph (a).

20 Purpose of local port permit not to be detrimental

A port manager must not issue a local port permit under regulation 18 in respect of land in a local port that has been reserved under or taken to be reserved under the Crown Land (Reserves) Act 1978 or to which the National Parks Act 1975 applies if the purpose of the permit is detrimental to the purpose for which the land is reserved.

21 Content of local port permit

(1) If a port manager approves an application under regulation 18, the port manager must issue the local port permit in writing.

(2) A local port permit issued under subregulation (1) must specify—

(a) the name and address of the permit holder; and

(b) if the local port permit relates to a vessel, information that identifies the vessel, including the vessel's identification mark or unique identifier (if applicable); and

(d) any conditions to which the permit is subject; and

(e) if the permit has a period of effect, that period.

22 Notice of refusal

(1) If a port manager refuses an application under regulation 18, the port manager must give written notice of that decision.

(2) A notice under subregulation (1) must set out the reasons for the refusal.

Division 2—Suspension, cancellation or variation of local port permit

23 Suspension of local port permit

(1) A port manager may suspend a local port permit, by written notice, if the port manager reasonably believes that—

(a) because of changed circumstances, the port manager could now refuse the application under regulation 18; or

(b) the permit holder has not complied with a condition to which the permit is subject.

(2) A notice under subregulation (1)—

(a) must set out the reasons for the suspension; and

(b) must state the period for which the local port permit is suspended, being a period of not more than 90 days; and

(3) A suspension takes effect—

(a) on the day on which a notice is given under subregulation (1) to the permit holder or their employee, agent or contractor; or

(b) on a later date specified in the notice (if any).

24 Cancellation or variation of local port permit

(1) A port manager may cancel or vary a local port permit if the port manager reasonably believes that—

(a) because of changed circumstances, the port manager could now refuse the application under regulation 18; or

(b) the permit holder has not complied with a condition to which the permit is subject; or

(2) Before cancelling or varying a local port permit under subregulation (1), a port manager must—

(a) give the permit holder written notice which—

(i) states the grounds for cancelling or varying the local port permit; and

(ii) informs the permit holder that the permit holder may make a written submission in response to the notice within the time specified in the notice, which must not be less than 7 days; and

(b) consider any submission that is received within the specified time under paragraph (a)(ii).

(3) A port manager may cancel or vary a local port permit at the request of the permit holder.

(4) If a port manager cancels or varies a local port permit under subregulation (1) or (3), the port manager must give the permit holder written notice which—

(a) must specify that the permit is cancelled or specify the variation to the permit; and

(b) may state the date on which the cancellation or variation takes effect.

(5) In addition, if a port manager cancels or varies a local port permit under subregulation (1), the written notice under subregulation (4) must set out the reasons for the cancellation or variation.

(6) A cancellation or variation takes effect—

(a) on the day on which a notice is given under subregulation (4) to the permit holder or their employee, agent or contractor; or

(b) on a later date specified in the notice (if any).

Division 3—Permit offences

25 Local port permit to be in possession of permit holder

A permit holder must ensure that the local port permit is in their possession at all times while the permit holder carries out an activity or accesses an area specified in the permit.

Penalty: 10 penalty units.

26 Permit holder to produce local port permit for inspection on request

A permit holder must produce the local port permit for inspection while the permit holder carries out an activity or accesses an area specified in the permit if requested to produce the permit by—

(a) the port manager; or

(b) an officer or employee of the port manager; or

(d) a transport safety officer; or

(e) a police officer.

Penalty: 10 penalty units.

27 Offence not to comply with conditions of permit

The holder of a local port permit must comply with any condition to which the permit is subject.

Penalty: 10 penalty units.

Part 4—Management of local ports

Division 1—General set aside determination offences

28 Offence to interfere with permitted activity

(1) A person must not, in an area that is subject to a set aside determination made under regulation 10(1)(a), carry out an activity which would unreasonably obstruct or interfere with an activity that is permitted by that determination except in accordance with a local port permit.

Penalty: 10 penalty units.

(2) A person must not, in an area that is subject to a set aside determination made under regulation 10(1)(a), carry out an activity in contravention of that determination except in accordance with a local port permit.

Penalty: 10 penalty units.

29 Offence to carry out prohibited or restricted activity

A person must not carry out an activity in an area that is subject to a set aside determination made under regulation 10(1)(b) in contravention of that determination except in accordance with a local port permit.

Penalty: 10 penalty units.

30 Offence to enter or remain in area where access prohibited or restricted

A person must not enter into, or remain in, an area that is subject to a set aside determination made under regulation 10(1)(c) in contravention of that determination except in accordance with a local port permit.

Penalty: 10 penalty units.

Division 2—Berthing, mooring and anchoring offences

31 Vessel to be berthed, moored or anchored in accordance with determination

(1) The master of a vessel must not berth, moor or anchor the vessel in an area that is subject to a set aside determination made under regulation 12 in contravention of that determination except in accordance with a local port permit.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

32 Offence to install or use unapproved mooring

(1) A person must not install a mooring in a local port except in accordance with a local port permit.

Penalty: 10 penalty units.

(2) The master of a vessel must not moor the vessel to a structure in a local port unless—

(a) the structure is specifically provided or approved by the port manager for that purpose; or

(b) the master moors the vessel in accordance with a local port permit.

Penalty: 10 penalty units.

(3) An offence against subregulation (2) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

33 Vessel not to be berthed or moored in prohibited area

(1) The master of a vessel must not berth the vessel in a prohibited berthing area except in accordance with a local port permit.

Penalty: 10 penalty units.

(2) The master of a vessel must not moor the vessel in a prohibited mooring area except in accordance with a local port permit.

Penalty: 10 penalty units.

(3) An offence against subregulation (1) or (2) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

34 Vessel not to be berthed or moored in permit-only area without permit

(1) The master of a vessel must not berth the vessel in a permit-only berthing area except in accordance with a local port permit.

Penalty: 10 penalty units.

(2) The master of a vessel must not moor the vessel in a permit-only mooring area except in accordance with a local port permit.

Penalty: 10 penalty units.

(3) An offence against subregulation (1) or (2) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

35 Vessel not to be anchored in mooring area

(1) The master of a vessel must not anchor the vessel in a mooring area except in accordance with a local port permit.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

36 Time limit on berthing and mooring

(1) The master of a vessel that is berthed in a berthing area or moored in a mooring area must ensure that the vessel is not berthed or moored for a continuous period that exceeds—

(a) in the case of a berthing area or mooring area that is not a 48-hour berthing area or 48-hour mooring area, the period specified under a set aside determination or in a local port permit; or

(b) in the case of a 48-hour berthing area or 48‑hour mooring area, 48 hours.

Penalty: 10 penalty units.

(2) For the purposes of subregulation (1), a vessel is not berthed for a continuous period if, before the expiry of any time limit which applies in relation to the vessel's berth, the master of the vessel moves the vessel—

(a) from its berth to a different berth so that the vessel no longer occupies any of the same space it previously occupied; or

(b) from its berth and anchors the vessel so that the vessel no longer occupies any of the same space it previously occupied; or

(d) from its berth to an area outside the local port.

(3) For the purposes of subregulation (2)(a), in the case of a vessel berthed alongside a structure, the movement of the vessel to a different berth alongside the same structure is to be disregarded, unless the movement is authorised by the port manager.

(4) For the purposes of subregulation (1), a vessel is not moored for a continuous period if, before the expiry of any time limit which applies in relation to the vessel's mooring, the master of the vessel moves the vessel—

(a) from its mooring to a different mooring so that the vessel no longer occupies any of the same space it previously occupied; or

(b) from its mooring and anchors the vessel so that the vessel no longer occupies any of the same space it previously occupied; or

(d) from its mooring to an area outside the local port.

(5) For the purposes of subregulation (4)(a), in the case of a vessel moored to a structure that is specifically provided or approved by the port manager for that purpose, the movement of the vessel to a different mooring on the same structure is to be disregarded, unless the movement is authorised by the port manager.

(6) An offence against subregulation (1) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

37 Vessel to be securely berthed, moored or anchored

(1) The master of a vessel must ensure that the vessel is secure and is not capable of breaking adrift when it is berthed, moored or anchored in a local port.

Penalty: 10 penalty units.

(2) The master of a vessel must ensure that, when the vessel is anchored in a local port, it is anchored so that neither the vessel nor the anchor is capable of endangering or causing damage to another vessel, other property, port facilities or the environment.

Penalty: 10 penalty units.

(3) An offence against subregulation (1) or (2) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

38 Vessels not to lie alongside in berthing areas except as directed or permitted

(1) The master of a vessel must not berth the vessel alongside another vessel in a berthing area except—

(a) in accordance with a direction given by the port manager; or

(b) in accordance with a local port permit.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

39 Free access to and from berthed vessel

(1) The master of a vessel that is berthed at a wharf in a local port must ensure that persons and goods have free access across the deck of that vessel at all times—

(a) to and from any vessel berthed alongside that vessel; and

(b) to and from the wharf.

Penalty: 10 penalty units.

(2) Subregulation (1) does not apply if the master does not provide free access across the deck in accordance with a local port permit.

(3) An offence against subregulation (1) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

40 Offence to leave vessel unattended by person authorised to act as master

(1) The master of a vessel must ensure that there is a person on board the vessel, or in the immediate vicinity of the vessel, who is authorised to act as master of the vessel if the vessel is berthed in an area that is subject to a set aside determination which permits—

(a) the loading of cargo onto, or unloading of cargo from, the vessel; or

(b) passengers to embark or disembark the vessel.

Penalty: 10 penalty units.

(2) Subregulation (1) does not apply if the master allows the vessel to be berthed without a person authorised to act as master of the vessel being on board the vessel or in the immediate vicinity of the vessel in accordance with a local port permit.

(3) An offence against subregulation (1) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

Division 3—Cargo management offences

41 Cargo not to be managed in prohibited area

A person must not manage cargo, including undertaking any activity related to the arrival, loading, unloading or transfer of cargo, in an area that is subject to a set aside determination made under regulation 13 in contravention of that determination.

Penalty: 20 penalty units.

Division 4—Vessel management offences

42 Reporting of incidents involving hazardous port activities

A person carrying out a hazardous port activity in a local port must immediately notify the port manager of any incident involving the activity, including but not limited to the following—

(a) an explosion, fire or harmful reaction;

(b) the escape, spillage or leak of bulk cargo or liquids.

Penalty: 20 penalty units.

43 Refuelling of vessels

A person must not refuel a vessel in a local port except if the vessel is refuelled—

(a) not more than one time during any 24-hour period from a single, portable container of up to 25 litres in capacity which is suitable for containing fuel; or

(b) using a fuelling facility in an area subject to a set aside determination which permits the carrying out of that activity in that area; or

Penalty: 20 penalty units.

44 Use of propellers

(1) The master of a vessel must not cause or permit any propeller or other propulsion system on board the vessel to be operated while the vessel is berthed at a wharf in a local port.

Penalty: 10 penalty units.

(2) Subregulation (1) does not apply if—

(a) the propeller or other propulsion system is operated to enable the vessel to arrive at or depart from the berth; or

(b) the master remains on board the vessel while the propeller or other propulsion system is operated and the operation does not cause harm or damage to—

(i) the health or safety of any person; or

(ii) local port facilities or other property; or

(iii) the natural environment; or

(3) An offence against subregulation (1) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

45 Storage of equipment and other items

(1) The master of a vessel must ensure that equipment and other items are not stowed or secured on the vessel in a local port in a manner which may cause harm or damage to the safety of any person or other property.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an owner onus offence for the purposes of Part 4.7 of the Marine Safety Act 2010 if the relevant vessel is a recreational vessel.

Division 5—Motor vehicle management offences

46 Motor vehicle entry restricted

(1) A person driving or in charge of a motor vehicle or trailer must not enter or park the motor vehicle or trailer in a local port except if—

(a) the motor vehicle or trailer enters or is parked in an area subject to a set aside determination which permits motor vehicles or trailers entering or being parked in that area; or

(b) the motor vehicle or trailer enters or is parked in the local port in accordance with a local port permit.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.

Division 6—Vessels, goods or other things left unattended

47 Offence to leave unattended vessel, goods or other thing or to cause obstruction

(1) A person must not leave unattended any vessel, goods or other thing in a local port except—

(a) in accordance with requirements issued by the port manager under subregulation (2); or

(b) in accordance with a local port permit.

Penalty: 20 penalty units.

(2) For the purposes of these Regulations, a port manager may issue requirements in relation to leaving vessels, goods or other things unattended in a local port.

(3) Requirements issued under subregulation (2)—

(a) must be published in the Government Gazette and on the port manager's Internet site; and

(b) may be published in any other manner that the port manager considers appropriate.

(4) The master or owner of a vessel must not berth, moor or anchor the vessel in a manner that creates an obstruction.

Penalty: 20 penalty units.

48 Direction to move vessel, goods or other thing

(1) A port manager may give a direction that a vessel, goods or other thing be removed from the local port, or moved to another place within the local port, if the port manager reasonably believes that the vessel, goods or other thing—

(a) has or have been left unattended; or

(b) is or are causing an obstruction; or

(i) the health or safety of any person; or

(ii) local port facilities or other property; or

(iii) the natural environment; or

(d) is or are likely to interfere with—

(i) reasonable public access to the local port; or

(ii) the safe, efficient or effective operation of the local port; or

(e) in the case of a vessel, is derelict, unseaworthy, sinking, sunk or partially submerged.

(2) A direction given under subregulation (1) must be in writing and must be given to—

(a) in the case of a vessel, the owner or master of the vessel; or

(b) in the case of goods or any other thing, the owner of, or the person who is responsible for, the goods or other thing.

(3) A direction given under subregulation (1) may specify—

(a) the manner in which the vessel, goods or other thing is or are to be removed or moved; and

(b) the time by which the vessel, goods or other thing is or are to be removed or moved.

(4) A person to whom a direction is given under subregulation (1) must comply with the direction.

Penalty: 20 penalty units.

49 Removal of vessel, goods or other thing

(1) In accordance with subregulation (2), a port manager may move or dispose of a vessel, goods or other thing which may be the subject of a direction given under regulation 48(1) if—

(a) the owner, master or person responsible, as the case may be, has been given a direction under regulation 48(1) and has not complied with that direction within the specified time; or

(b) the owner, master or person responsible, as the case may be, cannot be identified or located after all reasonable enquiries have been made.

(2) The port manager may move the vessel, goods or other thing to a place located within or outside the local port for storage.

(3) The port manager must maintain a record of any action taken under this regulation.

(4) A person must not remove or interfere with a vessel, goods or other thing stored under subregulation (2) without the permission of the port manager.

Penalty: 20 penalty units.

50 Disposal of vessel, goods or other thing

(1) A port manager may dispose of a vessel, goods (other than goods that are perishable) or other thing by sale, destruction, appropriation or any other means if—

(a) the vessel, goods or other thing has or have been left unattended in the local port for at least one month; and

(b) the port manager is unable to identify or locate the master or owner of the vessel, or the owner or person responsible for the goods or other thing, after all reasonable enquiries have been made; and

(c) the port manager has placed a notice on the port manager's Internet site for a period of at least 21 days, stating that the port manager intends to dispose of the vessel, goods or other thing; and

(d) the port manager reasonably believes that the vessel, goods or other thing is or are of low value.

(2) A port manager may dispose of goods that are perishable and are left at the local port if—

(a) the port manager is unable to identify or locate the owner of, or person responsible for, the goods; and

(b) the port manager reasonably believes that the goods—

(i) have been abandoned; and

(ii) are perishable.

(3) The port manager must maintain a record of any action taken under this regulation.

51 Recovery of costs

(1) If a port manager has disposed of a vessel, goods or other thing under regulation 50, the port manager may recover from the owner—

(a) the costs of moving the vessel, goods or other thing; and

(b) the costs of storing the vessel, goods or other thing; and

(c) if the vessel, goods or other thing has or have been disposed of, the costs of the disposal of the vessel, goods, or other thing; and

(d) any relevant overhead and other indirect costs arising from the moving, storing and disposing of the vessel, goods or other thing including the cost of cleaning the surrounding environment.

(2) An amount payable under subregulation (1) may be recovered in any court of competent jurisdiction as a debt due to the port manager.

(3) If the vessel, goods or other thing is or are disposed of, an amount that may be recovered under subregulation (1) is to be paid out of the proceeds (if any) of the disposal.

Part 5—Activities in local ports

Division 1—Regulated activities

52 Work in a local port

(1) A person must not carry out any works in a local port—

(a) except in accordance with a local port permit; or

(b) except in accordance with requirements issued by the port manager under subregulation (2).

Penalty: 20 penalty units.

(2) A port manager may issue requirements in relation to the carrying out of works in a local port.

(3) Requirements issued under subregulation (2)—

(a) must be published in the Government Gazette and on the port manager's Internet site; and

(b) may be published in any other manner that the port manager considers appropriate.

(4) A person must not carry out any alterations in a local port if those alterations involve the use of hot works or dangerous goods except in accordance with a local port permit.

Penalty: 20 penalty units.

(5) A person must not carry out any alterations in a local port which do not involve the use of hot works or dangerous goods unless the alterations are carried out—

(a) in a manner that—

(i) does not cause the discharge or deposit of materials or waste on to any land or into any waters or the atmosphere; and

(ii) does not unreasonably interfere with the carrying out of any other activity or access in, or the amenity of, the local port; or

(b) in an area that is subject to a set aside determination which permits the carrying out of those alterations in that area; or

Penalty: 20 penalty units.

(6) A person who carries out works or alterations in a local port must carry out those works or alterations in a manner that ensures any safety and environmental risks associated with the works or alterations are appropriately managed.

Penalty: 20 penalty units.

(7) For the purposes of subregulation (6), appropriately managed includes—

(a) identifying the nature and extent of the safety and environmental risks associated with carrying out the works or alterations; and

(b) considering the likely impact of those risks; and

53 Camping

A person must not camp in a local port—

(a) except in accordance with a local port permit; or

(b) unless the person is a traditional owner group member and—

(i) the camping is an agreed activity; and

(ii) the camping does not unreasonably interfere with—

(A) the carrying out of any other activity in the local port; or

(B) any access to a place in the local port; or

Penalty: 10 penalty units.

54 Jumping and diving

A person must not jump or dive from a wharf, a natural asset or any other infrastructure in a local port in contravention of a sign or notice erected or displayed on or near that wharf, natural asset or other infrastructure by the port manager except in accordance with a local port permit.

Penalty: 10 penalty units.

55 Swimming and other in-water activities

A person must not swim, bathe, snorkel or scuba dive under or within 20 metres of a wharf in a local port in contravention of a sign or notice erected or displayed on or near that wharf by the port manager except in accordance with a local port permit.

Penalty: 10 penalty units.

56 Fishing-related activities

(1) A person must not clean fish on a wharf or other structure in a local port—

(a) except in an area subject to a set aside determination which permits the cleaning of fish on a wharf or other structure in that area; or

(b) except in accordance with a local port permit.

Penalty: 10 penalty units.

(2) A person must not leave or store fishing-related equipment in a local port—

(a) except in an area subject to a set aside determination which permits the leaving or storing of fishing-related equipment in that area; or

(b) except in accordance with a local port permit.

Penalty: 10 penalty units.

(3) A person must not stretch or repair fishing equipment in a local port—

(a) except in an area subject to a set aside determination which permits the stretching or repairing of fishing equipment in that area; or

(b) except in accordance with a local port permit.

Penalty: 10 penalty units.

57 Retrieval of fishing rods and fishing lines when vessel approaching wharf

A person who is in possession of, or in charge of, a fishing rod or fishing line on a wharf in a local port must ensure that the rod or line is retrieved from the water and any space between the wharf and a vessel approaching or departing from that wharf.

Penalty: 10 penalty units.

58 Commercial activities

(1) A person must not advertise or otherwise offer any thing or any service for sale, trade or hire in a local port except—

(a) in an area subject to a set aside determination which permits the carrying out of that activity in that area; or

(b) in accordance with a local port permit.

Penalty: 20 penalty units.

(2) A person must not undertake any commercial filming activity in a local port except—

(a) in an area subject to a set aside determination which permits the carrying out of that activity in that area; or

(b) in accordance with a local port permit.

Penalty: 20 penalty units.

59 Organised activities

(1) A person must not organise or conduct, or take part in organising or conducting, an organised activity in a local port except—

(a) in an area subject to a set aside determination which permits the carrying out of that activity in that area; or

(b) in accordance with requirements issued by the port manager under subregulation (2); or

Penalty: 20 penalty units.

(2) For the purposes of these Regulations, a port manager may issue requirements in relation to the organisation, or conduct, of organised activities in a local port.

(3) Requirements issued under subregulation (2)—

(a) must be published in the Government Gazette and on the port manager's Internet site; and

(b) may be published in any other manner that the port manager considers appropriate.

60 Interference with vessel moorings

(1) A person must not cut, break or destroy a vessel's mooring in a local port unless—

(a) the person is the master or owner of the vessel or is acting under the direction of the master or owner of the vessel; or

(b) the person reasonably believes there is an emergency and it is appropriate action to take.

Penalty: 10 penalty units.

(2) A person must not interfere with, cast off or remove a vessel from a wharf or mooring in a local port unless—

(a) the person is the master or owner of the vessel or is acting under the direction of the master or owner of the vessel; or

(b) the person reasonably believes there is an emergency and it is appropriate action to take.

Penalty: 10 penalty units.

61 Interference with property or infrastructure of port manager

A person must not damage, deface or interfere with any property or infrastructure in a local port which is owned, managed or otherwise provided by the port manager except in accordance with a local port permit.

Penalty: 10 penalty units.

62 Trespassing on vessels

A person must not climb on or over, or otherwise enter onto, any vessel in a local port which is owned by another person unless the first mentioned person⎯

(a) has the permission of the vessel's master or owner; or

(b) has the permission of another person authorised by, or acting on behalf of, the owner; or

(c) must do so to gain access to a vessel berthed alongside that vessel or to a wharf as a result of a direction given by the port manager under regulation 38.

Penalty: 10 penalty units.

63 Fireworks and other explosives

(1) A person must not discharge or use any fireworks or other explosives in a local port except in accordance with a local port permit.

Penalty: 20 penalty units.

(2) The master or owner of a vessel must not, without reasonable excuse, allow fireworks or explosives to be discharged in a local port by any person on board the vessel except in accordance with a local port permit.

Penalty: 20 penalty units.

64 Leaving or depositing of litter and other waste

A person must not leave or deposit any litter or industrial waste in a local port except—

(a) in a receptacle provided for that purpose; or

(b) in an area subject to a set aside determination which permits the carrying out of that activity in that area; or

(d) in the case of waste water or sewage from a vessel, if the person uses sewage pump out facilities or other similar facilities or services to dispose of the waste water or sewage.

Penalty: 10 penalty units.

65 Interference with safety equipment

A person must not remove or interfere with any marine safety equipment or other safety equipment provided by the port manager in a local port except—

(a) in an emergency; or

(b) in accordance with a local port permit.

Penalty: 20 penalty units.

66 Damage or obstruction to, or interference with, roads, gates and other areas

A person must not damage, obstruct or interfere with any road, footpath, footway, access area, unloading area or gate in a local port except in accordance with a local port permit.

Penalty: 10 penalty units.

67 Certain gates to be kept closed

A person who enters through a gate in a local port which bears a sign or notice stating that the gate is to be kept closed at all times must ensure that the person closes the gate without delay after using it except in accordance with a local port permit.

Penalty: 10 penalty units.

68 Hindrance or danger to navigation

A person must not leave or deposit on, or attach to, a wharf, navigation aid or any other structure in a local port any thing which may cause a hindrance or danger to navigation.

Penalty: 10 penalty units.

69 Lighting of fires

A person must not light, kindle, use or maintain a fire in a local port except—

(a) on board a vessel in a suitable appliance for the purposes of cooking or personal comfort; or

(b) in a fireplace; or

(d) where the person is a traditional owner group member and—

(i) the lighting, kindling, using or maintenance of a fire is an agreed activity; and

(ii) the fire that is being lit, kindled, used or maintained—

(A) is not in, on or near any building or infrastructure; and

(B) does not unreasonably interfere with the carrying out of any other activity in the local port; and

(D) does not unreasonably interfere with the amenity of the local port; and

(E) does not endanger the health or safety of any person.

Penalty: 10 penalty units.

Division 2—Directions

70 Directions to person causing interference etc.

(1) Without limiting regulation 48, a port manager, transport safety officer, fisheries officer or police officer may direct—

(a) a person in a local port—

(i) to cease carrying out an activity; or

(ii) to leave a specified area in the local port; or

(iii) to leave the local port; or

(b) the master or owner of a vessel, or a person in charge of a vehicle, in a local port—

(i) to move the vessel or vehicle to another place within the local port; or

(ii) to remove the vessel or vehicle from the local port.

(2) A port manager, transport safety officer, fisheries officer or police officer may only give a direction under subregulation (1)—

(a) in the event of, or in anticipation of, any fire, flood, natural disaster or other emergency; or

(b) if that person reasonably believes the direction is required—

(i) to prevent significant harm or damage—

(A) to the health or safety of any person; or

(B) to local port facilities or other property; or

(ii) to prevent significant interference with—

(A) the carrying out of any activity or access permitted within the local port; or

(B) reasonable public access to the local port; or

(iii) to otherwise prevent significant interference with the safe, efficient and effective management of the local port.

(3) A person to whom a direction is given under subregulation (1) must immediately comply with the direction.

Penalty: 20 penalty units.

Part 6—General

71 Identity cards

(1) A port manager must issue an identity card to each person to whom the port manager delegates any power conferred on the port manager under section 44C of the Act.

(2) The identity card must include—

(a) the name of the delegate of the port manager; and

(b) a photograph of the delegate of the port manager.

(3) A delegate of a port manager must produce their identity card for inspection—

(a) before exercising any power conferred on that delegate by the port manager; or

(b) if asked to do so by any person at any time during the exercise of any power conferred on that delegate by the port manager.

(4) A delegate of a port manager need not produce their identity card for inspection when asked to do so if—

(a) the delegate reasonably believes that the production of the identity card would—

(i) affect the safety or welfare of any person; or

(ii) frustrate the effective exercise of a power conferred on that delegate by the port manager; or

(b) the request to produce the identity card is made by a person to whom the delegate has already produced that identity card on the same day before exercising a power conferred on the delegate by the port manager.

(5) Any exercise of a power conferred on a delegate by a port manager is not invalidated by the delegate's failure to produce their identity card.

(6) A person to whom a port manager issues an identity card under subregulation (1) must immediately return the identity card to the port manager if that person ceases to be a delegate of the port manager.

Penalty: 10 penalty units.

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Port Management (Local Ports) Regulations 2025, S.R. No. 54/2025 were made on 17 June 2025 by the Governor in Council under section 98 of the Port Management Act 1995, No. 82/1995 and came into operation on 22 June 2025: regulation 3.

The Port Management (Local Ports) Regulations 2025 will sunset 10 years after the day of making on 17 June 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Port Management (Local Ports) Regulations 2025 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Reg. 4: S.R. No. 71/2015.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59 and for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑

1 Port Management (Local Ports) Regulations 2025

Version No. 001

Port Management (Local Ports) Regulations 2025

S.R. No. 54/2025

Version as at
22 June 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 1

5 Definitions 1

6 Certain regulations and other instruments prevail 7

7 Harbour master's directions prevail 7

8 Liability for offences 7

Part 2—Set aside determinations 9

Division 1—General set aside determinations 9

9 Application of Division 9

10 Activities in and access to areas set aside 9

11 Temporary prohibition of access in certain circumstances 10

Division 2—Set aside determinations for specific purposes 11

12 Berthing, mooring and anchoring 11

13 Management of cargo 12

Division 3—Conditions on set aside determinations 12

14 Set aside determinations subject to conditions 12

Division 4—Notification and record-keeping requirements 12

15 Notice requirements for set aside determinations 12

16 Port manager to maintain records of set aside determinations 13

Part 3—Local port permits 14

Division 1—Issue of local port permit 14

17 Application 14

18 Decision on application 15

19 Grounds for refusal 15

20 Purpose of local port permit not to be detrimental 16

21 Content of local port permit 17

22 Notice of refusal 17

Division 2—Suspension, cancellation or variation of local port permit 18

23 Suspension of local port permit 18

24 Cancellation or variation of local port permit 18

Division 3—Permit offences 20

25 Local port permit to be in possession of permit holder 20

26 Permit holder to produce local port permit for inspection on request 20

27 Offence not to comply with conditions of permit 21

Part 4—Management of local ports 22

Division 1—General set aside determination offences 22

The Regulations rest on a few central regulatory mechanisms and definitions. Those concepts structure who decides, what behaviour is permitted, and what enforcement follows.

Set aside determination (reg 5 definition; regs 10-16). This is the primary spatial/functional zoning tool. A port manager may set aside an area where specified activities are permitted (10(1)(a)), prohibited or restricted (10(1)(b)), or where access is prohibited or restricted (10(1)(c)). Determinations may be made for general purposes (Division 1) or specifically for berthing/mooring/anchoring (reg 12) and cargo management (reg 13). Determinations may be subject to conditions (reg 14) and must be displayed and published (reg 15). Temporary prohibitions for emergencies can be made for up to 90 days without the need to consider the usual set of matters (reg 11(1)-(3)).
Local port permit (reg 17). The permit is the statutory exception mechanism. Persons may apply (in a form approved by the port manager) to berth, moor or anchor a vessel, manage cargo, carry out activities that would otherwise contravene the Regulations or a determination, or access restricted areas (reg 17(1)-(2)). The port manager may issue permits subject to conditions and for specified periods (reg 18(2)). Permit content is prescribed (reg 21), must be carried and produced on request (regs 25-26), and non-compliance with permit conditions is an offence (reg 27).
Publication, signage and record-keeping (regs 15, 16). The port manager must display details of set aside determinations “as soon as practicable” and publish them in the Government Gazette and on the port manager’s website (reg 15(1)-(2)). The port manager must keep a written record of determinations (reg 16). Requirements the port manager issues for works, organised activities or unattended items must similarly be published (regs 47(3), 52(3), 59(3)).
Offences and penalties (Parts 4 and 5). The Regulations create a granular set of offences tied to the determinations and permit system: interfering with permitted activities (reg 28), entering prohibited areas (reg 30), mooring/berthing offences (regs 31-36), cargo management (reg 41), works (reg 52), camping (reg 53), commercial activity and events (regs 58-59), leaving items unattended (reg 47), and failure to comply with directions (reg 70), among others. Penalties are expressed in penalty units (Endnotes), most commonly 10 or 20 penalty units.
Owner onus and operator onus (various regs). Several offences are expressly made owner onus offences for recreational vessels, referencing Part 4.7 of the Marine Safety Act 2010 (for example regs 31(2), 32(3), 33(3), 34(3), 35(2), 36(6), 37(3), 38(2), 39(3), 40(3), 44(3), 45(2)). Motor vehicle entry offences are operator onus offences under Part 6AA of the Road Safety Act 1986 (reg 46(2)).
Delegation and identity cards (reg 71). Delegates under section 44C of the Port Management Act 1995 must be issued identity cards, produce them in specified circumstances before exercising powers, and return the card when delegation ends (reg 71). There are limited exceptions where production is not required (71(4)), and failure to produce does not invalidate an exercise of delegated power (71(5)).
Interplay with other instruments (reg 6 and reg 7). The Regulations specify that instruments under the Marine Safety (Domestic Commercial Vessel) National Law, the Marine Safety Act 2010, the Occupational Health and Safety Act 2004, the Filming Approval Act 2014, the National Parks Act 1975, and Crown Land (Reserves) Act 1978 regulations prevail to the extent of inconsistency (reg 6). A harbour master’s directions under Part 6.4 of the Marine Safety Act 2010 prevail over inconsistent directions from port managers and other officers under these Regulations (reg 7).

Other definitional touchpoints shape application. For example, “agreed activity” and traditional owner group terms refer to the Traditional Owner Settlement Act 2010 (reg 5 definitions), and the Regulations disallow issuing permits that are detrimental to the purpose of reserved Crown land or national park land (reg 20). The Regulations also distinguish between “alterations” and “works” (reg 5 definition of alterations and reg 52) which affects when permits or requirements are required for construction or maintenance activities.

Collectively, these concepts place operational authority with port managers supported by enforcement powers exercised by port managers, transport safety officers, fisheries officers and police (reg 70(1)), within constraints imposed by other safety and land statutes listed at reg 6.

The Regulations create obligations and risks for a broad range of port users and third parties. Identify the main categories and how the Regulations change legal position for each, citing the relevant provisions.

Port manager (decision-maker and enforcer). The port manager makes set aside determinations (reg 10), issues and manages local port permits (Part 3), publishes and displays determinations and requirements (reg 15), issues requirements for works, organised activities and unattended items (regs 47(2), 52(2), 59(2)), directs movement or removal of vessels/goods (reg 48), moves/stores/disposes of vessels/goods and recovers costs (regs 49-51), and delegates powers that attract identity card rules (reg 71). The Regulations impose record-keeping duties on the port manager (reg 16, regs 49(3), 50(3)) and require publication obligations (reg 15(2), various “must be published” clauses).
Vessel masters and owners (commercial and recreational). The Regulations attach duties and specific criminal liabilities to masters and owners. Masters must comply with set aside determinations for berthing, mooring and anchoring (regs 12, 31-36). Recreational vessel owners face owner-onus offences in multiple provisions where the Regulations expressly make that link to Part 4.7 of the Marine Safety Act 2010 (for example regs 31(2), 36(6), 37(3)). Masters must ensure vessels are secure and not a hazard (reg 37), do not operate propellers while berthed except in limited circumstances (reg 44), and must have an authorised person onboard in certain cargo/passenger circumstances (reg 40). Masters or owners may be subject to directions to move vessels and to fees and cost recovery after removal or disposal (regs 48-51).
Commercial operators, contractors and works providers. Anyone carrying out works in a local port must do so only under a local port permit or requirements issued by the port manager (reg 52(1)-(3)). Alterations involving hot works or dangerous goods require a permit (reg 52(4)). Those who carry out works must “appropriately manage” safety and environmental risks and comply with specified risk identification measures (reg 52(6)-(7)).
Event organisers, film crews and commercial vendors. Organised activities, commercial activities and commercial filming are regulated and permitted only where a set aside determination allows, a local port permit is held, or requirements issued by the port manager are complied with (regs 58-59). The Regulations require publication of port manager requirements for organised activities (reg 59(3)).
Fishers and recreational users. A range of low-level recreational behaviours are regulated: fishing equipment storage and cleaning fish are permitted only in designated set aside areas or with permits (reg 56); jumping or diving from wharves contrary to port manager signage is an offence unless permitted by a local port permit (reg 54); swimming within 20 metres of a wharf is regulated by sign/notice (reg 55); lighting fires is restricted except in fireplaces or for traditional owner agreed activities (reg 69).
Traditional owner group members. The Regulations explicitly recognise “agreed activities” under Part 6 Traditional Owner Settlement agreements (definitions and regs 5, 10(2)(g), 69(d), 53(b)). Traditional owner group members carrying out agreed activities may be treated as permitted in circumstances where others would require a permit.
Emergency, safety and enforcement agencies. Police officers, transport safety officers, fisheries officers and responders have powers to give directions (reg 70(1)-(3)), and the Regulations exempt these persons, and specified other officers acting in the course of duties, from certain offence liabilities (reg 8). The Chief Executive of Safe Transport Victoria and their officers are named in definitions (reg 5) and have inspection/production powers in relation to permits (reg 26).
Owners of unattended goods and vehicles, and the public. The Regulations affect people who leave vessels, goods or other things unattended. Port managers can direct removal, move, store or dispose of items and recover costs (regs 48-51). Motor vehicle drivers face operator-onus offences for unlawful entry or parking (reg 46).

Who pays and who decides: the port manager decides on zoning and permits, and the port manager (or agent acting under delegated powers) may recover moving, storage and disposal costs from owners (reg 51). The Regulations do not set out a schedule of fees or permit charges in the text provided; applicants must apply in a form approved by the port manager (reg 17(2)), and the Regulations are silent on fee-setting mechanisms.

The distribution of compliance obligations is concentrated on single-activity actors: vessel masters and owners, works contractors, event organisers and commercial operators bear most of the day-to-day operational compliance and enforcement risk; the port manager bears administrative burdens of publication, record-keeping and decision-making.

This section lists the principal duties imposed on persons and the procedural rights available under the Regulations, with references.

Principal duties

Comply with set aside determinations and related conditions: Persons must not carry out activities that would contravene a set aside determination unless they hold a local port permit (regs 28-30). A port manager may include “any reasonable condition” in a determination (reg 14).
Hold and produce a local port permit: Permit holders must carry the permit while carrying out the permitted activity (reg 25) and must produce it on request to specified officers (reg 26). Non-compliance with permit conditions is an offence (reg 27).
Follow rules for berthing, mooring and anchoring: Masters must not berth, moor or anchor contrary to set aside determinations except with a permit (reg 31). Timelimits apply: non-permit berthing/mooring in 48-hour areas is capped at 48 hours and other areas are subject to times set by determination or permit (reg 36). Vessels must be properly secured and anchors must not endanger others (reg 37).
Manage cargo and hazardous activities safely: Cargo management in prohibited areas is an offence (reg 41). Persons carrying out hazardous port activities must immediately notify the port manager of incidents such as fire, explosion or spillage (reg 42). Works and alterations must be carried out so that safety and environmental risks are “appropriately managed” with risk identification, assessment and control measures (reg 52(6)-(7)).
Comply with directions: A port manager, transport safety officer, fisheries officer or police officer may give directions to cease activities, move or remove vessels or vehicles, or leave an area, and those directions must be complied with immediately (reg 70(1)-(3)).
Observe other behavioural prohibitions: These include bans on unattended vessels/goods unless permitted (reg 47), limits on refuelling (single 25L portable container once per 24 hours unless using a fuelling facility or permit , reg 43), bans on wildlife/environmental harm (litter/industrial waste, reg 64), and prohibitions on interfering with safety equipment (reg 65).

Procedural rights, notices and safeguards

Written permit and content requirements: If a permit is issued, it must be in writing and include specified content (permit holder name/address, vessel identification if relevant, activity/area, conditions, period of effect) (reg 21(1)-(2)).
Reasons for refusal and notice of refusal: Where a port manager refuses an application the port manager must give written notice and set out the reasons for the refusal (reg 22(1)-(2)). Regulation 19 sets out the grounds upon which a port manager may refuse, including prior non-compliance and assessments of significant risk where conditions would not ameliorate that risk (reg 19(1)-(2)).
Suspension, cancellation and variation with procedural step: A permit may be suspended by written notice for up to 90 days where changed circumstances exist or a permit condition has not been complied with; the notice must set out reasons and the period (reg 23). Cancellation or variation for similar grounds requires written notice and the opportunity to make a written submission not less than 7 days (reg 24(1)-(2)). If cancelled or varied, the port manager must give written notice specifying the cancellation or variation and reasons when applicable (reg 24(4)-(5)).
Publication and record-keeping: Set aside determinations and port manager requirements must be published in the Government Gazette and on the port manager’s website, and records must be kept (regs 15(2), 16, 47(3), 52(3), 59(3), 49(3), 50(3)). That creates a public record for affected parties to check.
Delegation identity card rules: Delegates must be issued identity cards, produce them before exercising delegated powers or when asked while exercising powers unless specific safety or operational exceptions apply, and return the card when delegation ends (reg 71(1)-(6)). However, failure to produce the card does not invalidate the exercise of the delegate’s power (reg 71(5)).

Notably absent or limited in procedural protection

The Regulations do not create a statutory appeal right or external merits review mechanism for permit refusals, suspensions, cancellations or variations within their text. They require provision of reasons for refusals (reg 22) and an opportunity to submit in response to proposed cancellations/variations (reg 24(2)), but do not prescribe an external appeal or review process in these Regulations.
Fee-setting, timelines for processing permit applications, or default decision periods are not specified. Application must be in a form approved by the port manager (reg 17(2)), but the Regulations do not specify fees, processing times or rights where the port manager fails to decide within stated time limits.
The Regulations grant broad discretion to include “any reasonable condition” in determinations (reg 14) and to issue requirements in a published form for works and events (regs 52(2), 59(2)), which places substantial operational rule-making power with the port manager.

The duties are operationally prescriptive; rights focus on notice and an opportunity to be heard for cancellations/variations and reasons for refusals, but do not provide an internal statutory review process beyond that. Persons and businesses must therefore build compliance with published determinations and port manager requirements into operational planning.

The Regulations provide a mix of criminal penalties by reference to penalty units, direction powers enforceable by immediate compliance, owner/operator-onus provisions, and administrative enforcement including removal, storage, disposal and recovery of costs.

Penalty structure

Most offences carry either 10 or 20 penalty units. Examples of 10 penalty unit offences include interfering with permitted activity (reg 28 penalties), many berthing/mooring breaches (reg 31(1) penalty: 10 units), failure to carry or produce a permit (regs 25-26 penalty: 10 units), various recreational behavioural breaches (regs 54-55, 56(1)-(3) penalties), and identity card return failure (reg 71(6) penalty: 10 units). Examples of 20 penalty unit offences include management of cargo in prohibited area (reg 41), reporting incidents for hazardous port activities (reg 42), refuelling contraventions (reg 43), leaving unattended vessel/goods (reg 47(1) penalty: 20 units), removal interference (reg 49(4) penalty: 20 units), disposal processes for unattended goods (reg 50), commercial activities without permit (reg 58(1) penalty: 20 units), organised activities contraventions (reg 59(1) penalty: 20 units), and failure to comply with directions (reg 70(3): 20 units).
Penalty units are to be converted to monetary amounts under the Sentencing Act 1991 and Monetary Units Act 2004 per the Endnotes. The Explanatory details cite the value of a penalty unit for 2024-25 ($197.59) and 2025-26 ($203.51), noting the Treasurer fixes future values (Endnotes). The Regulations therefore impose financial exposure that will vary with the published penalty unit value.

Owner-onus and operator-onus enforcement

Several offences are expressly owner onus offences for recreational vessels, tied to Part 4.7 of the Marine Safety Act 2010 (for example regs 31(2), 32(3), 33(3), 34(3), 35(2), 36(6), 37(3), 38(2), 39(3), 40(3), 44(3), 45(2)). That statutory framing shifts evidential burdens or creates presumptions for enforcement against owners of recreational vessels under the Marine Safety Act framework; the Regulations incorporate that enforcement mechanism by reference.
Motor vehicle entry restrictions are operator onus offences under Part 6AA of the Road Safety Act 1986 (reg 46(2)). The Regulations therefore rely on the evidential and enforcement mechanics of the referenced Acts.

Immediate directions and compliance

A port manager, transport safety officer, fisheries officer or police officer may direct a person to cease an activity, to leave an area, to move or remove a vessel/vehicle, and such directions must be complied with immediately (reg 70(1)-(3)). Failure to comply is an offence (reg 70(3) penalty: 20 units). These provisions create an enforcement regime focused on immediate operational compliance at the site.

Administrative removals, disposal and cost recovery

Port managers can direct vessels/goods to be removed (reg 48), and where directions are not complied with or the owner cannot be located, port managers may move or store the items (reg 49). Port managers must keep records of actions taken (49(3)) and may not permit unauthorised interference with stored items (49(4)).
Disposal is permitted if items have been left unattended for at least one month and the owner cannot be found after all reasonable enquiries, provided the port manager places a 21-day notice on their website and reasonably believes the thing is of low value (reg 50(1)(a)-(d)). Perishable goods may be disposed more rapidly (reg 50(2)). After disposal, the port manager may recover costs for moving, storage and disposal as a debt in court (reg 51(1)-(2)), and proceeds of disposal are to be applied to recovery (reg 51(3)).

Liability carve-outs and enforcement scope

Certain persons acting in the course of duties do not commit offences (other than reg 71) for activities that would otherwise be offences: this list includes police officers, the Chief Executive of Safe Transport Victoria, transport safety officers, port managers and their officers, responder agency officers, ambulance service officers, fisheries officers and authorised officers under the Conservation, Forests and Lands Act 1987 (reg 8(1)). This limit means emergency and enforcement personnel acting within duties are exempted from many contraventions.
Persons holding leases or licences over land or waters that form part of a local port do not commit an offence (other than reg 52) to the extent that their lease or licence authorises the activity (reg 8(2)). That preserves activities authorised under other statutory instruments.

Enforcement implementation risks and compliance realities

The enforcement regime rests on port manager capacity to publish, display signage, maintain records and coordinate removal/disposal processes. Where port managers are resource-constrained, enforcement may be selective; conversely, the existence of owner-onus and operator-onus mechanisms increases compliance risk for private owners, particularly for recreational vessels.
The Regulations integrate with other enforcement frameworks by reference (Marine Safety Act, Road Safety Act), meaning enforcement tools and evidential rules from those Acts will apply where owner/operator onus is invoked.

The Regulations expressly operate in a broader statutory context and provide ordering rules for conflicts, cross-references to other Acts for definitions and enforcement mechanics, and limits where other land regimes apply.

Priority and inconsistency rules

Where there is inconsistency, specified instruments prevail over these Regulations (reg 6). The instruments listed are: regulations or instruments under the Marine Safety (Domestic Commercial Vessel) National Law; the Marine Safety Act 2010; Occupational Health and Safety Act 2004; Filming Approval Act 2014; National Parks Act 1975; and regulations under section 13 of the Crown Land (Reserves) Act 1978 as they apply to reserved land forming part of a local port (reg 6(a)-(f)). The effect of reg 6 is that where obligations or directions conflict, the higher-priority instrument governs to the extent of inconsistency.
Harbour master directions under Part 6.4 of the Marine Safety Act 2010 prevail over inconsistent directions given by a port manager, transport safety officer, fisheries officer or police officer under these Regulations (reg 7). That specific primacy imposes a practical constraint on port manager direction-making in matters affecting marine safety under the Marine Safety Act.

Definitions and cross-references

Definitions borrow heavily from other statutes. For example, “marine safety equipment”, “master” and “recreational vessel” have the same meanings as in the Marine Safety Act 2010 (reg 5). “Ambulance service” is defined by the Ambulance Services Act 1986 and “fisheries officer” by the Victorian Fisheries Authority Act 2016 (reg 5). “Agreed activity” and “traditional owner group” terms are tied to the Traditional Owner Settlement Act 2010 (reg 5). Occupational health and safety obligations may apply where the Occupational Health and Safety Act 2004 is relevant, and those instruments take precedence where inconsistent (reg 6).
Owner onus offences refer to Part 4.7 of the Marine Safety Act 2010 (e.g. reg 31(2)). Motor vehicle operator onus offences refer to Part 6AA of the Road Safety Act 1986 (reg 46(2)). By reference, the Regulations insert these evidential regimes into their enforcement architecture.

Land reservations and permit limitations

The Regulations prohibit issuing a local port permit for a purpose that is detrimental to the purpose for which land is reserved under the Crown Land (Reserves) Act 1978 or to which the National Parks Act 1975 applies (reg 20). That is a specific interaction limiting the port manager’s permit power where land is reserved or national park rules apply.

Administrative law and review , what the Regulations say and do not say

The Regulations require written reasons for refusals (reg 22) and provide opportunity to make submissions before cancellation/variation (reg 24(2)), but they do not establish an internal merits review or appeal process within the Regulations. They also do not specify timelines for decisions or a fee regime for permits. Rights of judicial review or appeal under other Acts would remain available in accordance with general administrative law, but the Regulations themselves do not create an internal appeals mechanism.

Practical implication of the interaction rules

Persons and businesses must check multiple instruments before acting: the local port’s set aside determinations and port manager requirements (to be published on the port manager’s website and Gazette , reg 15), the Marine Safety Act and its directions and regulations (which may prevail , reg 6), occupational health and safety obligations, Crown land and national parks restrictions, and any relevant lease or licence conditions (reg 8(2)). Non-compliance may trigger overlapping enforcement powers and differing evidential regimes (owner onus, operator onus).

The Regulations are a new statutory rule with a clean statutory history recorded in the instrument.

Revocation of previous instrument: The Port Management (Local Ports) Regulations 2015 (S.R. No. 71/2015) are revoked (reg 4). The Explanatory details identify the 2015 instrument as S.R. No. 71/2015.
Date of making and commencement: The Regulations were made by the Governor in Council on 17 June 2025 under section 98 of the Port Management Act 1995 and commenced on 22 June 2025 (reg 2 and reg 3; Endnotes). The statutory rule number is S.R. No. 54/2025 (front matter).
No amendments at time of publication: The Endnotes include a Table of Amendments section that states there are no amendments made to the Regulations by statutory rules, subordinate instruments or Acts (Endnotes, 2 Table of Amendments). The Version No. identified is 001 as at 22 June 2025.
Sunset: The instrument will sunset 10 years after the day of making on 17 June 2035, under the Subordinate Legislation Act 1994 (Endnotes).
Penalty unit update mechanism: Monetary conversion of penalty units is handled by the Monetary Units Act 2004 and the Treasurer’s annual fixing, as explained in the Explanatory details (Endnotes). The Explanatory details explicitly state the values for 2024-25 and 2025-26 and the method for future values.

Because this is a fresh statutory rule replacing the 2015 Regulations, practitioners should treat the 2025 Regulations as the operative instrument from commencement and note the sunset date for longer-term planning. There is no amendment history to track yet; any change will appear in future Tables of Amendments.

The statutory instrument provided contains no case citations and records no litigation history. The printed Endnotes and Explanatory details do not reference court or tribunal decisions arising under these Regulations. The Regulations do, however, incorporate enforcement mechanisms (owner onus and operator onus) that invoke procedural rules and evidential presumptions from the Marine Safety Act 2010 and the Road Safety Act 1986 (see various owner onus/operator onus clauses). Those cross-references mean litigation invoking the evidential frameworks of those Acts could arise, but no such litigation history is recorded in the text of the Regulations provided.

For users seeking precedential guidance on enforcement or the application of owner-onus/operator-onus provisions, the immediate document does not supply authority. Practitioners must therefore examine how the Marine Safety Act 2010 and the Road Safety Act 1986 have been interpreted in case law for owner/operator-onus matters, and watch for future litigation that tests the interplay between these Regulations and the Marine Safety Act, Occupational Health and Safety Act obligations, and local port managers’ exercise of discretion.

This section highlights traps, ambiguities and operational risks that arise directly from the text of the Regulations and that practitioners, port managers and port users should plan for.

Broad discretion in the hands of the port manager. The port manager may set aside areas and include “any reasonable condition” (regs 10, 14). The Regulations do not limit what is “reasonable” nor prescribe consultation requirements or timelines for set aside determinations (other than display and publication obligations in reg 15). That creates uncertainty for businesses who plan activities contingent on stable access or operation times.
Temporary emergency powers bypass usual considerations. A port manager may make temporary prohibitions for up to 90 days in emergencies without being required to have regard to the matters in reg 10(2) (reg 11(1)-(3)). That allows a temporary determination to replace prior set aside determinations for the period specified (reg 11(4)). Users must therefore monitor for short-notice changes that may displace prior permitted arrangements.
Permit process lacks statutory time limits and fee transparency. Applications must be in a form approved by the port manager (reg 17(2)), but the Regulations do not specify processing times, default approvals, or a fees schedule. That means businesses cannot rely on statutory timeframes or fee caps under these Regulations alone.
No internal appeal or review mechanism set out. The Regulations require written reasons for refusal (reg 22) and provide an opportunity to be heard before cancellation/variation (reg 24(2)), but they do not create a statutory right to merits review or appeal. Practitioners should note that other administrative law remedies remain available, but those pathways are not set out here.
Owner-onus and operator-onus exposures. Multiple provisions convert offences into owner onus offences for recreational vessels (e.g., reg 31(2), reg 36(6)). Motor vehicle offences are operator onus (reg 46(2)). That raises enforcement risk for owners/operators who may be held liable absent direct evidence of their involvement. Practitioners advising recreational vessel owners need to explain the evidential shift and its implications.
Ambiguity between “works” and “alterations.” The Regulations define “alterations” but expressly say the definition does not include “works” (reg 5). Regulation 52(1) separately prohibits carrying out “works” except under permit or port manager requirements. The instrument does not define “works.” That distinction can create interpretive risk as to whether a given activity is a “work” requiring a permit or an “alteration” subject to different constraints under reg 52(4)-(5).
Significant operational compliance for small activities. Many low-risk or routine activities are now constrained by the permit/determination system: cleaning fish on a wharf, storing fishing gear, commercial vending, camping, and even refuelling are regulated (regs 43, 53-56, 58). For small operators and recreational users, this can impose transaction costs to secure permits or find designated areas.
Disposal and cost recovery can produce immediate financial exposure. The port manager may dispose of unattended items after one month if the owner cannot be identified or located, subject to a 21-day online notice if the item is low value (reg 50(1)(a)-(d)). The port manager may recover moving, storage and disposal costs as a debt (reg 51). Owners who discover disposition after the event may find recovery against proceeds limited and additional debts for costs owed (reg 51(3)).
Delegated powers not invalidated by identity card non-production. Delegates must produce identity cards before exercising powers, but failure to produce does not invalidate the exercise (reg 71(3)-(5)). For persons challenging exercises of delegated authority, this creates a barrier: lack of identity card production is not a statutory route to undo the exercise itself.
Publication obligations rely on port manager websites/Government Gazette. Many permissions, prohibitions and requirements are effective when published or displayed (reg 15, regs 47(3), 52(3), 59(3)). If the port manager’s publication systems are poor or signage is inadequate, affected parties may still face enforcement exposure; the Regulations do not provide grace periods where reasonable publication is deficient.
Interaction with higher-priority safety laws. Harbour master directions and Marine Safety Act instruments prevail over inconsistent directions under these Regulations (regs 6-7). In practice, that can lead to confusion if port managers and harbour masters give conflicting instructions and users must search across different legal instruments to determine which direction to follow.
Limited definition of “low value” for disposal. The Regulations set thresholds for “low value”: vessels under $10,000 and other goods under $2,000 (reg 5 definitions). This bright-line may produce disputes where valuations are contested and the port manager must reasonably believe the item is low value before disposing (reg 50(1)(d)).

In practice, parties should assume that core activities such as mooring, berthing, works, events and commercial operations will require prior checking of the current set aside determinations and any applicable port manager requirements. Port managers should expect to be asked to justify the reasonableness of conditions attached to determinations and permits.

This is a practical compliance checklist for port managers, permit applicants, vessel masters/owners, contractors and event organisers based on the Regulations.

For port managers (administrative and enforcement obligations)

Publish and display set aside determinations promptly. As soon as practicable after making a determination, display details in a place or manner likely to be seen and publish the determination in the Government Gazette and on the port manager’s internet site (reg 15(1)-(2)). Maintain written records of all determinations and conditions (reg 16).
Maintain and publish other requirements. If issuing requirements for works, organised activities or unattended items, ensure they are published in the Government Gazette and on the port manager’s website as required (regs 47(3), 52(3), 59(3)). Keep accessible records of actions taken under regs 49 and 50 (49(3), 50(3)).
Exercise delegation procedures and identity cards. Issue identity cards to delegates under s44C of the Act and ensure cards meet the information specifications (reg 71(1)-(2)). Train delegates on when they must produce identity cards and on the exceptions set out in reg 71(4). Keep a process for immediate return of cards when delegation ceases (71(6)).
Use clear, published forms for permit applications. The Regulations require applications be “in a form approved by the port manager” (reg 17(2)). Publish the form online and specify any supporting information required (for example vessel identification, safety plans, insurance, risk controls).
Record decision reasons and afford submissions where required. For refusals, issue written reasons (reg 22). For proposed cancellations or variations, give written notice stating grounds and a minimum 7-day opportunity to make written submissions (reg 24(2)). Keep documentary records of decisions and submissions.
Ensure signage and notices are legible and sited to meet “reasonably likely to be seen and understood” standard (reg 15(1)). For temporary emergency determinations (reg 11), ensure immediate and clear public communication.
For removals and disposals, follow the statutory thresholds and notice obligations. Before disposing under reg 50, ensure the thing has been left unattended for at least one month, all reasonable enquiries for owner identity have been undertaken, and the 21‑day website notice has been posted where required (reg 50(1)). Record every action taken (reg 50(3)) and account for proceeds against recoverable costs (reg 51(3)).

For permit applicants and port users (vessels, contractors, organisers)

Check current set aside determinations and port manager requirements before planning activity. Because many activities are permitted only within certain set aside areas or by permit, consult the port manager’s website and Government Gazette notices (reg 15(2)) at the planning stage.
Use the approved application form and include complete information. The Regulations require applications in a form approved by the port manager (reg 17(2)); include vessel identification where relevant (reg 21(2)(b)) and document proposed conditions for safety and environmental risk controls, especially for works involving hot works or dangerous goods (reg 52(4), (6)-(7)).
Carry and produce permits when undertaking permitted activities. Always have the permit in possession while undertaking the activity (reg 25) and produce it on request to port manager staff, officers, Chief Executive of Safe Transport Victoria, transport safety officers or police (reg 26). Non-production and non-possession are 10 penalty unit offences (regs 25-26).
Design safety and environmental risk management plans for works. When carrying out works or alterations that could cause discharge or require hot works/dangerous goods, implement the steps listed in reg 52(7) , identify risks, consider impacts, and implement measures to eliminate or reduce risks as far as reasonably practicable , and be prepared to show evidence of those measures if inspected.
Comply with berthing and mooring time limits and security requirements. Ensure vessels do not exceed continuous berthing or mooring limits (48 hours in 48-hour areas, other limits as specified) and comply with movement rules that break continuity (reg 36). Ensure vessels are secured and anchors are laid to avoid danger to others (reg 37).
For refuelling and hazardous activities, follow the strict rules. Refuelling is restricted to one portable 25-litre container once per 24 hours unless using a fuelling facility or in accordance with a permit (reg 43). Notify the port manager immediately of incidents involving hazardous port activities such as explosions, fires or spills (reg 42).
Respond promptly to directions. If directed by a port manager, transport safety officer, fisheries officer or police officer to cease an activity, leave an area, or move/remove a vessel or vehicle, comply immediately (reg 70(3)). Where a direction under reg 48 is issued to move or remove vessels/goods, the direction must be given in writing and may specify manner and timeframe (reg 48(2)-(3)). Non-compliance attracts penalties (reg 70(3), reg 48(4) penalty: 20 units).
For unattended items, move them promptly or secure a permit. Avoid leaving vessels, goods or other things unattended unless they comply with port manager-issued requirements or a permit (reg 47(1)-(3)). If advised to move items under reg 48, do so within the timeframe to avoid removal, storage and disposal and cost recovery.

For event organisers and commercial operators

Seek set aside determinations or permits in advance for organised activities, commercial filming or commercial vending. The Regulations require organised activities to take place in permitted areas, under published requirements, or by permit (regs 58-59). Apply early given no statutory decision timelines are set.
Prepare event safety and environmental management plans that meet reg 52(6)-(7) standards, and be prepared to present them with permit applications.

For lawyers and compliance teams advising clients

Check cross-instruments. Review the Marine Safety Act 2010, the Occupational Health and Safety Act 2004, the Road Safety Act 1986 and any Crown Land or National Parks rules applicable to the land in question because those instruments prevail to the extent of inconsistency (reg 6).
Plan for owner-onus exposure. Where clients own recreational vessels, advise on the evidential consequences of owner-onus offences referenced in several provisions and suggest practical mitigations (evidence logs, signage, CCTV, registration details).
Monitor the port manager’s website and the Government Gazette. For clients who rely on access or commercial operations, constant monitoring is required for changes to set aside determinations, temporary closures, published requirements, and notices of intent to dispose.
Note absence of internal appeal mechanism in the Regulations. If a client faces refusal or cancellation, ensure timely use of the opportunity to make written submissions under reg 24(2) and consider whether external administrative law remedies are available.

This compliance checklist translates the Regulations’ text into concrete operational steps. The recurring theme is early engagement with the port manager, documentation, and building safety/environmental controls into permit applications and day-to-day operations.

Port Management (Local Ports) Regulations 2025

Plain English Summary

Deep Dive

What it does

Current sections

Port Management (Local Ports) Regulations 2025

Source text: opening excerpt

1 Port Management (Local Ports) Regulations 2025

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply