111Regulations to promote competition and productivity at ports

#### 111 Regulations to promote competition and productivity at ports 111 Regulations to promote competition and productivity at ports > > (1) The regulations may make provision for or with respect to any of the matters set out in Schedule 4 in connection with the operation or provision of land-based port facilities and services and the facilities and services of the port-related supply chain, in relation to the operation of the following ports— > > > > > (a) Sydney Harbour, > > > > > (b) Botany Bay, > > > > > (c) Newcastle, > > > > > (d) Port Kembla. > > > (1A) The object of this section is to promote the economically efficient operation of, use of and investment in land-based port facilities and port-related supply chain facilities. > > > (2) This section does not authorise the making of regulations with respect to the operation of any railway outside a port or supply chain facility. > > > (2A) A regulation may not be made under this section unless the Minister has certified that the Minister is satisfied that— > > > > > (a) the regulation will promote the object of this section, and > > > > > (b) the regulation will not operate to constrain or otherwise regulate the exercise of the port operator functions of the port operator of a private port. > > > (2B) The port operator functions of the port operator of a private port are— > > > > > (a) the fixing and collection of port charges under Part 5, and > > > > > (b) the fixing and collection of charges (for example, rent) under a lease or licence, and > > > > > (c) any other function of the port operator as the lessor or licensor under a lease or licence. > > > (3) A regulation under this section may create an offence punishable by a penalty not exceeding 500 penalty units. > > **s 111:** Rep 2012 No 95, Sch 3. > > **s 111 (previously s 10B):** Renumbered 2024 No 67, Sch 2\[20\].