NSWIn ForceAct
Ports and Maritime Administration Act 1995
80Notice of change in service charges
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#### 80 Notice of change in service charges
80 Notice of change in service charges
> > (1) The port operator of a port must give notice of any proposed change in the port operator’s service charges (whether the change is a variation of an existing charge, the imposition of a new charge or the removal of an existing charge).
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> > (2) The notice of a proposed change in service charges must be given in the following manner and at the following times—
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> > > (a) notice of the change must be given to the Minister in writing at least 40 business days before the change is proposed to be made,
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> > > (b) notice of the change must be published on the port operator’s website in a prominent position in a publicly accessible part of the website at least 20 business days before the change is proposed to be made.
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> > (3) The notice of a proposed change in a service charge must separately identify each charge to which the change relates and provide the following information about the charge—
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> > > (a) the basis on which the amount of the charge is calculated including (in the case of a charge payable on a unit basis such as a unit of vessel cargo capacity or vessel gross tonnage) the unit on which the charge is imposed,
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> > > (b) the reason for the change (in the case of a variation of an existing charge),
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> > > (c) if the change is the imposition of a new charge—the information required for a new charge under this section.
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> > (4) The information required for a new charge (other than a port infrastructure charge under Division 6A of Part 5) is as follows—
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> > > (a) the purpose and function of the charge,
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> > > (b) the basis on which the amount of the charge has been calculated,
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> > > (c) the persons who will be required to pay the charge.
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> > (5) The information required for a new charge that is a port infrastructure charge under Division 6A of Part 5 is as follows—
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> > > (a) details of the port infrastructure project to which the proposed charge relates,
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> > > (b) the basis on which the amount of the charge has been calculated,
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> > > (c) the persons who will be required to pay the charge,
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> > > (d) the period of time for which the charge is proposed to be imposed.
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> **s 80:** Rep 1998 No 121, Sch 3.7 \[13\]. Ins 2012 No 101, Sch 6.3 \[21\]. Am 2024 No 67, Sch 2\[61\]–\[63\].