85DInvestigation of port facilities

#### 85D Investigation of port facilities 85D Investigation of port facilities > > (1) Transport for NSW or the Port Authority of New South Wales may investigate existing or proposed port facilities for use by vessels. > > > (2) Transport for NSW or the Port Authority of New South Wales may, with the approval of the Minister, make an order prohibiting— > > > > > (a) the construction of any embankment, retaining wall, reclamation, wharf or a structure of any kind, or > > > > > (b) the carrying out of any dredging operations, > > > > in any specified area of water affected by an investigation under subsection (1) except in accordance with an approval given by Transport for NSW or the Port Authority of New South Wales. > > > (3) An order under subsection (2) must be published in the Gazette. > > > (4) Transport for NSW or the Port Authority of New South Wales is only to prohibit works referred to in subsection (2) if those works would adversely affect the port facilities under investigation or adversely affect the subsequent operation of the port facilities. > > > (5) A person must not carry out any work that is prohibited by an order in force under this section. > > > > Maximum penalty—100 penalty units. > > > (6) Nothing in this section enables the prohibition of the carrying out of work pursuant to an aquaculture lease under Part 6 of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), a lease under the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or a licence under the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042). > > **ss 85C–85E:** Ins 2016 No 28, Sch 2 \[5\]. Am 2020 No 30, Sch 4.74\[8\].