38How port operator directions are given

#### 38 How port operator directions are given 38 How port operator directions are given > > (1) A port operator direction may be given in any of the following ways— > > > > > (a) by notice displayed in the area at the port where the direction applies, > > > > > (b) by notice published on the port operator’s website, > > > > > (c) by notice served on the person or persons to whom the direction applies. > > > (2) A port operator direction given by notice published on the port operator’s website is of no effect until a copy of the notice has been published in the Gazette. > > > (3) Before a port operator direction is given, not less than 1 week’s advance notice of the proposed direction must be given— > > > > > (a) to the harbour master for the port, and > > > > > (b) if the direction relates to dangerous goods to which the [Ports and Maritime Administration Regulation 2021](/view/html/inforce/current/sl-2021-0444), Part 7 applies—to the Minister. > > > (4) Advance notice of a proposed port operator direction under subsection (3) must be given by— > > > > > (a) delivering the notice to the office of the harbour master or the Minister, or > > > > > (b) sending the notice by post to the office of the harbour master or the Minister, or > > > > > (c) sending the notice by email to an email address specified by the harbour master or the Minister for the service of notices of that kind. > > > (5) Advance notice of a proposed port operator direction is not required if the direction is given in an emergency or is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property. In such a case, notice of the work being undertaken must be given as soon as reasonably practicable in the circumstances. > > **s 38:** Am 2006 No 58, Sch 1.22 \[4\]. Rep 2011 No 41, Sch 2 \[7\]. Ins 2012 No 101, Sch 6.3 \[5\]. Am 2024 No 67, Sch 2\[41\]–\[43\].