59Meaning of “site”

#### 59 Meaning of “site” 59 Meaning of “site” > > (1) In this division, a site is— > > > > > (a) for a site at a port other than a private port—an area defined on a map and designated under this division by the Minister, or > > > > > (b) for a site at a private port—an area defined on a map and designated under this division by the relevant port authority. > > > (2) The Minister or the relevant port authority may designate an area as a site only if— > > > > > (a) the area is owned or operated by, or leased to, a relevant port authority, and > > > > > (b) the area consists of— > > > > > > > (i) an area of water surrounding or adjacent to a wharf, buoy or dolphin, and > > > > > > > (ii) for a wharf or dolphin—the whole or part of the area of the wharf or dolphin. > > > (3) A site includes a stratum of the air space above, or of the land or water below, the area designated as the site. > > > (4) For the purposes of this section, an area of water is deemed to be owned or operated by the relevant port authority if the bed of the water is owned or leased by the State or Transport for NSW and— > > > > > (a) the area surrounds or is adjacent to a wharf, buoy or dolphin owned or operated by, or leased to, the relevant port authority, or > > > > > (b) the area is burdened by an easement that benefits an area of land owned or operated by, or leased to, the relevant port authority, or > > > > > (c) the area surrounds or is adjacent to an area referred to in paragraph (b), or > > > > > (d) the Minister approves of that area of water being included in a site operated by the relevant port authority. > > > (5) The relevant port authority must keep and make publicly available, free of charge, an electronic copy of a map defining each site the relevant port authority owns, operates or leases. > > > (6) For the purposes of legal proceedings, it must be presumed, unless proved otherwise, that an area has been properly designated as a site under this section if the area is defined as a site on a map kept under subsection (5). > > > (7) (Repealed) > > > (8) An area that, immediately before the repeal of the [Marine Port Charges Act 1989](/view/pdf/asmade/act-1989-143), was a site within the meaning of that Act and is owned or operated by a relevant port authority is (subject to this section) a site for the purposes of this Division. > > > (9) An area at a private port that was a site immediately before the substitution of this section by the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101) is deemed to be a site for the purposes of this Division. > > > (10) An area at the private port of Port of Newcastle that was a site immediately before the commencement of this subsection (as inserted by the [Ports Assets (Authorised Transactions) Amendment Act 2013](/view/html/repealed/current/act-2013-052)) is deemed to be a site for the purposes of this Division. > > > (11) In this section— > > > > wharf includes land adjacent to the wharf. > > **s 59:** Am 2000 No 53, Sch 2.13 \[3\]; 2002 No 112, Sch 1.20 \[5\]; 2006 No 58, Sch 1.22 \[4\]. Subst 2012 No 101, Sch 6.3 \[14\]. Am 2013 No 52, Sch 2 \[4\]; 2024 No 67, Sch 2\[54\]–\[56\].