1

Version No. 001

Port Management (Port of Melbourne Safety and Property) Regulations 2020

S.R. No. 108/2020

Version as at
18 October 2020

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definitions 2

6 Application of Regulations 2

7 Notices under section 184 of the Marine Safety Act 2010 to prevail 2

8 Regulations under Marine Safety Act 2010 to prevail 2

9 Harbour master's directions to prevail 3

Part 2—Management of hazardous port activities and liquid transfers 4

Division 1—Authority 4

10 Application for an authority to carry out a hazardous port activity 4

11 Hazardous port activity authority 4

12 Conditions concerning authority 5

13 Suspension of authority 6

14 Written notice of suspension of authority 7

15 Suspension of authority at the request of the holder of an authority 7

16 VPCM may cancel or vary authority 7

17 Written notice of cancellation or variation of authority 8

18 Cancellation or variation at the request of the holder of an authority 8

19 Holder of authority to produce authority for inspection 9

Division 2—Notice 9

20 Notice of proposal to carry out a hazardous port activity 9

21 Transfers of cargo involving dangerous goods 9

Division 3—Incidents 10

22 Notice to the VPCM of any incident involving a hazardous port activity 10

23 Recovery of costs 10

Part 3—Abandoned things 12

24 VPCM may give a direction or notify the owner 12

25 VPCM to keep a register 13

═════════════

Endnotes 15

1 General information 15

2 Table of Amendments 17

3 Amendments Not in Operation 18

4 Explanatory details 19

Version No. 001

Port Management (Port of Melbourne Safety and Property) Regulations 2020

S.R. No. 108/2020

Version as at
18 October 2020

Part 1—Preliminary

1 Objective

The objective of these Regulations is to provide for the safe and effective management within the port of Melbourne of—

(a) hazardous port activities; and

(b) abandoned things.

2 Authorising provision

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

3 Commencement

These Regulations come into operation on 18 October 2020.

4 Revocations

The following Regulations are revoked—

(a) the Port Management (Port of Melbourne Safety and Property) Regulations 2010[1];

(b) the Port Management (Port of Melbourne Safety and Property) Amendment Regulations 2012[2].

5 Definitions

In these Regulations—

authority means an authority issued under regulation 11;

dangerous goods has the same meaning as in the Dangerous Goods Act 1985;

manifest means an inventory of dangerous goods;

master has the same meaning as in the Marine (Drug, Alcohol and Pollution Control) Act 1988;

***the Act*** means the **Port Management Act 1995**;

VPCM means the Victorian Ports Corporation (Melbourne).

6 Application of Regulations

These Regulations only apply to the port of Melbourne and the VPCM.

7 Notices under section 184 of the Marine Safety Act 2010 to prevail

If a provision of these Regulations as it applies to the VPCM is inconsistent with a provision of any notice published under section 184 of the Marine Safety Act 2010 as it applies to the VPCM, the latter provision prevails to the extent of the inconsistency.

8 Regulations under Marine Safety Act 2010 to prevail

If a provision of these Regulations as it applies to the VPCM is inconsistent with a provision of any regulations made under section 309 of the Marine Safety Act 2010 as it applies to the VPCM, the latter provision prevails to the extent of the inconsistency.

9 Harbour master's directions to prevail

If a direction given by the VPCM under these Regulations is inconsistent with a direction given by a harbour master under Part 6.4 of the Marine Safety Act 2010, the direction of the harbour master prevails to the extent of the inconsistency.

Part 2—Management of hazardous port activities and liquid transfers

Division 1—Authority

10 Application for an authority to carry out a hazardous port activity

(1) A person who proposes to carry out a hazardous port activity in the port must apply to the VPCM for an authority to carry out the hazardous port activity.

(2) An application for an authority under subregulation (1) must be in a form approved by the VPCM and must contain details required by the VPCM.

(3) A person must not conduct a hazardous port activity unless an authority has been obtained.

1. 20 penalty units.

   11 Hazardous port activity authority

(1) The VPCM may issue an authority to a person to carry out a hazardous port activity at the port for any period not exceeding 3 years, with the period of time to be determined by the VPCM on the basis of a risk assessment.

(2) An authority under subregulation (1)—

(a) must be in writing; and

(b) is valid for the period specified in the authority; and

(c) is valid only as specified in the authority in respect of—

(i) the person, or classes of person; and

(ii) the vessel, or classes of vessel; and

(iii) the location in the port.

(3) The VPCM must not refuse to issue an authority unless the VPCM is of the opinion that carrying out the hazardous port activity—

(a) would create a significant risk of injury to any person, damage to any property or harm to the environment; or

(b) would significantly interfere with the orderly operation of the port or of any other authorised activities; or

(c) would potentially cause interference with, or danger to, other users of the port.

Note

The authority does not exempt a person proposing to carry out hazardous port activities from notifying the VPCM each time they intend to undertake the activity as required by regulation 20.

12 Conditions concerning authority

(1) An authority issued by the VPCM is subject to any conditions specified in the authority by the VPCM relating to—

(a) the classes of people or vessels to which the authority applies; and

(b) any other matter the VPCM considers relevant to the conduct of the hazardous port activity for which the authority is issued.

(2) For the purposes of subregulation (1), the conditions attached to the authority may include a requirement that the holder of the authority must comply with standards, procedures or guidelines in respect of the hazardous port activity developed, published or nominated by the VPCM.

(3) A holder of an authority must comply with any conditions that are specified in the authority in accordance with subregulation (1).

1. 20 penalty units.

   13 Suspension of authority

(1) The VPCM may suspend an authority by notifying the holder of the authority of the suspension, if the VPCM reasonably believes that carrying out a hazardous port activity under the authority could—

(a) cause a significant risk of injury to a person; or

(b) cause a significant risk of damage to property; or

(c) cause a significant risk of harm to the environment; or

(d) significantly interfere with the orderly and efficient management of the port or with any other authorised activities in the port.

(2) A notice under subregulation (1)—

(a) must be in writing; and

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

(c) must state the period for which the authority is suspended; and

(d) takes effect immediately on being sent to the holder of the authority or the holder's employee, agent or contractor carrying out the hazardous port activity.

(3) A suspension of an authority ceases to have effect on the expiry of the period stated under subregulation (2)(c).

14 Written notice of suspension of authority

(1) Before suspending an authority under regulation 13, the VPCM—

(a) must give the holder of the authority a written notice—

(i) stating that the VPCM is of the opinion that a ground for the suspension may exist; and

(ii) stating the reasons for that opinion; and

(iii) inviting the holder of the authority to make a written submission in response to the notice within the time specified by the VPCM in the notice; and

(b) must consider any submission received under paragraph (a)(iii).

(2) The VPCM must not specify a period of less than 7 days under subregulation (1)(a)(iii).

15 Suspension of authority at the request of the holder of an authority

The VPCM may suspend an authority at the request of the holder of the authority.

16 VPCM may cancel or vary authority

(1) The VPCM may cancel or vary an authority if the VPCM reasonably believes that—

(a) the conduct of a hazardous port activity under the authority could place the safety of people, property or the environment at risk; or

(b) the conduct of a hazardous port activity under the authority could interfere with the orderly and efficient management of the port or of other activities authorised in the port; or

(c) the holder of the authority has not complied with a condition of the authority; or

(d) the holder of the authority has contravened a provision of these Regulations.

(2) The VPCM may cancel or vary an authority on the grounds set out in subregulation (1) during a period in which the authority is suspended under regulation 13 or 15.

17 Written notice of cancellation or variation of authority

(1) Before cancelling or varying an authority under regulation 16, the VPCM must—

(a) give the holder of the authority a written notice—

(i) stating that the VPCM is of the opinion that a ground for the cancellation or variation may exist; and

(ii) stating the reasons for that opinion; and

(iii) inviting the holder of the authority to make a written submission in response to the notice within the time specified by the VPCM in the notice; and

(b) consider any submission received under paragraph (a)(iii).

(2) The VPCM must not specify a period of less than 7 days under subregulation (1)(a)(iii).

18 Cancellation or variation at the request of the holder of an authority

The VPCM may cancel or vary an authority (including the conditions of an authority) at the request of the holder of the authority.

19 Holder of authority to produce authority for inspection

A holder of an authority must produce the authority for inspection if requested to do so by the VPCM, a port safety officer or a police officer.

1. 10 penalty units.

Division 2—Notice

20 Notice of proposal to carry out a hazardous port activity

(1) For the purposes of section 88M(2) of the Act, the notice must be given at least 24 hours before the time that the person proposes to carry out the activity.

1. 20 penalty units.

(2) The notice must include details of the activity including––

(a) the type of activity; and

(b) the proposed location in the port; and

(c) the date and time of the activity.

21 Transfers of cargo involving dangerous goods

(1) A person who proposes to transfer dry or liquid cargo that are dangerous goods to and from vessels or wharves must prepare a manifest that—

(a) includes details of the type and quantity of dangerous goods to be loaded, unloaded or transferred; and

(b) has been signed by the master, owner or agent of the vessel.

1. 20 penalty units.

(2) A person must not load, unload or transfer dangerous goods within the port or port waters unless the VPCM has been given a manifest prepared in accordance with subregulation (1) at least 24 hours before that activity is carried out.

1. 20 penalty units.

Division 3—Incidents

22 Notice to the VPCM of any incident involving a hazardous port activity

The person managing a hazardous port activity must immediately notify the VPCM of any incident involving the activity including but not limited to—

(a) an explosion, fire or harmful reaction involving a hazardous port activity; and

(b) the escape, spillage or leakage of bulk cargo; and

(c) the escape, spillage or leakage of liquids.

Penalty: 20 penalty units.

23 Recovery of costs

(1) The VPCM may recover reasonable costs incurred by the VPCM in taking any clean up action resulting from an incident arising out of a hazardous port activity.

(2) The VPCM may recover reasonable costs incurred in taking action under subregulation (1) from—

(a) the person managing the hazardous port activity whose act or omission caused the incident to occur; or

(b) the owner, master or agent of the vessel on which the hazardous port activity has occurred or been permitted to occur; or

(c) the occupier of any premises or vessel upon which an incident has occurred or been permitted to occur.

(3) Costs that may be recovered by the VPCM under subregulation (1) include labour, administrative and overhead costs.

(4) An amount payable under subregulation (1) may be recovered in a court of competent jurisdiction as a debt due to the VPCM.

Part 3—Abandoned things

24 VPCM may give a direction or notify the owner

(1) If the VPCM is able to ascertain the identity of the owner of an abandoned thing, the VPCM—

(a) may give a direction in writing to the owner to move the thing from the port; and

(b) if the thing is moved under section 88Q(1) or (2) of the Act, must serve a written notice of the removal and storage of the thing on the owner as soon as reasonably practicable after the thing is moved.

(2) A direction under subregulation (1)(a)—

(a) must state the owner's name; and

(b) must include a description of the thing; and

(c) must state that the thing must be moved within five business days; and

(d) takes effect immediately on being sent to the owner of the thing.

(3) A person who has been given a direction under subregulation (1)(a) must comply with that direction, unless the person has a reasonable excuse for not complying.

Penalty: 10 penalty units.

(4) A notice issued under subregulation (1)(b) must state the following—

(a) the owner's name;

(b) a description of the thing;

(c) the date and time the thing was moved and stored;

(d) the process by which the thing may be collected, including—

(i) the location of the thing; and

(ii) details of how the owner can claim the thing; and

(iii) the contact details of the VPCM (or person) who can release the thing; and

(iv) the type of evidence required to establish the entitlement of a person seeking to have the thing released that must be produced before the thing will be released;

(e) the date on which the VPCM intends to sell or otherwise dispose of the thing;

(f) the ability of the VPCM to recover, in the Magistrates' Court, costs incurred by the VPCM associated with moving or storing the thing.

25 VPCM to keep a register

(1) The VPCM must keep a register of all abandoned things removed or disposed of by the VPCM.

(2) The register must contain the following information in respect of each abandoned thing—

(a) the thing removed or disposed of by the VPCM;

(b) the name of the port safety officer who removed the thing and the reason why the thing was removed;

(c) the date and time that the thing was removed;

(d) the actions taken by the VPCM to ascertain the owner of the thing;

(e) details of what the VPCM did with the thing;

(f) the method of disposing of the thing and the date of disposal.

═════════════

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 (Port of Melbourne Safety and Property) Regulations 2020, S.R. No. 108/2020 were made on 6 October 2020 by the Governor in Council under section 98 of the Port Management Act 1995, No. 82/1995 and came into operation on 18 October 2020: regulation 3.

The Port Management (Port of Melbourne Safety and Property) Regulations 2020 will sunset 10 years after the day of making on 6 October 2030 (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 (Port of Melbourne Safety and Property) Regulations 2020 by statutory rules, subordinate instruments and Acts.

3 Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4 Explanatory details

1. Reg. 4(a): S.R. No. 115/2010 as amended by S.R. No. 125/2012. ↑

2. Reg. 4(b): S.R. No. 125/2012.

——

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 2020 is $165.22.

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. ↑