Ports Management Act 2015

The Act builds around several core definitions and institutional structures. A designated port is the Port of Darwin or any port declared by the Minister under s 6. The Minister may also declare the boundaries of a designated port under s 7. For each designated port, the Minister may declare a single port operator (s 8), which may be any entity (including a private company). The port operator’s functions include establishing, managing, maintaining and operating facilities and services, and it may enter into port operating agreements with the Territory or other public sector entities (s 9). Those agreements may impose performance standards and civil penalty provisions for failures or safety incidents (s 10).

A regional harbourmaster is appointed by the Minister from Agency employees (s 19) and has functions under the Act and other Territory laws (s 20). The harbourmaster may delegate powers to other Agency employees (s 20A). The harbourmaster promulgates depths and under keel clearances (s 21), approves port safety plans (s 31), and may issue guidelines for port safety plans (s 32). The harbourmaster also has independent powers to direct vessels in certain circumstances (e.g., ss 40B, 43) and to close waters (s 51).

Port safety plans (s 28) identify safety hazards and risks, assess impacts, specify measures and strategies, and describe the system for implementing them. They must be prepared annually and submitted to the regional harbourmaster for approval (ss 29, 31). The port operator must implement the approved plan (s 33) and may be directed to undergo compliance audits at least every three years (ss 34-35).

Port management officers are appointed by the port operator (s 22) and exercise powers under Part 5 Division 2 (direction and control of vessels) (s 23). Port enforcement officers are appointed by the port operator (s 24) and enforce compliance with port notices (s 25). Both officer types must hold identity cards (s 26).

Compulsory pilotage applies to every pilotage area within a designated port (s 68). A pilotage area is declared by the Minister (s 65). The regional harbourmaster is the pilotage authority for any pilotage area within a designated port (s 66). Pilotage authorities must make technical and safety standards (s 67). Licensed pilots hold pilotage licences (ss 75-77) and are subject to misconduct provisions (ss 81-83). Pilotage exemption certificates may be issued to masters of specific vessels (ss 75-77). Pilotage services providers are appointed by the Minister and provide pilotage services under contract (ss 85-86).

Port charges under Part 10 include port dues, wharfage charges and berthing charges (s 108). Charging entities are port authorities (the port operator or the Minister) and pilotage services providers (s 106). Charges may be fixed by notice and are recoverable as debts (ss 108, 111).

For private port operators and private pilotage providers, Part 11 applies (s 118). They must have an access policy approved by the Regulator (s 127) and must not engage in conduct that prevents or hinders access (s 124) or unfairly differentiates between port users (s 125). The Regulator may make price determinations consistent with access and pricing principles (ss 132-133).

Step-in rights under Part 12 allow the regional harbourmaster to direct a port operator to exercise functions under Part 5 Divisions 2 and 3, functions about dangerous goods, closure of waters, pilotage and marine navigational aids (ss 138-139). The harbourmaster may exercise those functions if the operator fails to comply without reasonable excuse (s 139).

Dangerous goods are defined by reference to the Marine Act 1981 (s 3). Australian Standard AS 3846-2005 applies to handling and transport within designated ports (s 47). The port operator must forward advance notifications of vessels carrying dangerous goods to the regional harbourmaster (s 45) and may require security or insurance from vessel owners (s 46). Breach of the standard carries a maximum penalty of 500 penalty units (s 47(4)).

A reportable incident means an event of a prescribed kind involving actual or potential death, injury, property damage or environmental harm (s 3). Port operators and pilotage services providers must keep records and report such incidents to the regional harbourmaster (ss 18, 87).

The Act directly affects multiple categories of persons and entities.

Port operators are the primary duty holders. They must prepare port safety plans, keep incident records, issue port notices, exercise vessel direction powers, respond to information directions, fix charges, and comply with step-in directions from the regional harbourmaster. Private port operators additionally must comply with access policies and price determinations under Part 11. Failure to comply attracts penalties of up to 200 penalty units for safety plan offences and 500 penalty units for access policy offences (ss 29, 127).

Port lessees (entities that sublease or sublicense land from public sector entities) may be subject to port operating agreements and civil penalty provisions (ss 9-10).

Vessel owners, masters and occupiers are affected by direction powers (s 38), clearance provisions including emergency removal and sale (ss 40A-44C), closed water directions (ss 50-52), compulsory pilotage requirements (ss 68-71), and liability for charges under Part 10. Owners are jointly and severally liable for costs of removal, and face strict liability for loss or damage caused by the vessel within a designated port (s 147(1)). Masters commit offences for failing to take a pilot on board (s 70) or to present the vessel at a boarding ground (s 71), with maximum penalties of 500 penalty units.

Stevedores require a licence under Part 6 to carry on business within a designated port (s 54). The Minister must consider suitability criteria including criminal history and financial solvency (s 54(5)-(6)). Carrying on business without a licence carries a maximum penalty of 500 penalty units (s 56).

Pilotage services providers must be appointed by the Minister, meet suitability requirements, enter into pilotage services contracts, keep records of reportable incidents, and comply with conditions of appointment (ss 85-90). Unauthorised provision of pilotage services carries a maximum penalty of 500 penalty units (s 88(1)).

Licensed pilots are subject to duties to pilot vessels (s 72), must produce their licence on request (s 79), and face offences for piloting under the influence of alcohol or drugs or causing loss or damage (s 81). They may be the subject of misconduct inquiries leading to suspension or cancellation of their licence (ss 82-83).

Port management officers and port enforcement officers appointed by the port operator exercise statutory powers of direction, boarding, investigation and enforcement (ss 23, 25). They must carry identity cards (s 26).

Persons entering or using the port are subject to port notices (s 57), closed water directions (ss 50-51), and general obligations not to obstruct officers (s 150) or give misleading information (s 151).

Public sector entities including the Territory, Ministers and agencies may be parties to port operating agreements, own land within ports (s 149), and are protected from liability under s 146 when acting in good faith.

The Regulator (the Utilities Commission) oversees access policies and price determinations for private port operators and private pilotage providers (ss 119, 127, 132). The Regulator may require information and report on compliance (ss 120-121, 131, 136-137).

The Minister appoints regional harbourmasters (s 19), declares designated ports and boundaries (ss 6-7), declares port operators (s 8), fixes charges as a port authority (s 108), appoints pilotage services providers (s 85), and decides stevedore licence applications (s 54).

The Civil and Administrative Tribunal reviews specific decisions listed in Schedule 1, including refusals of stevedore licences, suspension or cancellation of licences, decisions of pilotage authorities, and decisions of the Minister regarding pilotage services providers (s 145).

Port operators have a duty to implement the port safety plan (s 33(1)), with a maximum penalty of 200 penalty units for non-compliance. They must submit draft port safety plans annually (s 29) and comply with directions to prepare new or amended plans (s 30). They must keep records of all reportable incidents and report them to the regional harbourmaster within the prescribed period (s 18). They must forward advance notifications of vessels carrying dangerous goods immediately to the regional harbourmaster (s 45). They must comply with information directions from the regional harbourmaster (ss 15-17). They must ensure at least one port management officer holds office at any time (s 22(4)).

Port operators have the right to issue port notices controlling activities within the port (s 57), to give directions to vessels about entry, departure, mooring, loading and unloading (s 38), to remove vessels that fail to comply (s 39), to close waters (s 50), to fix charges (s 108), to require security for dangerous goods (s 46), and to enforce compliance with port notices, including removing vehicles or carrying out work (s 59). They may also sell or dispose of vessels or wrecks under Division 3 of Part 5 (ss 41-44).

Regional harbourmasters have the duty to promulgate depths and under keel clearances (s 21), to approve port safety plans within 60 days (s 31), to issue guidelines (s 32), and to monitor compliance through audits (ss 34-35). They have the right to direct port operators to prepare new port safety plans (s 30), to give directions for removal of vessels or wrecks in emergencies (s 40B) and for non-commercial vessels likely to endanger or obstruct (s 43), to close waters not affecting commercial shipping (s 51), and to exercise step-in rights in emergencies (s 140). They may delegate their powers to Agency employees (s 20A).

Vessel owners, masters and occupiers must comply with directions under s 38 and s 40A (immediate threat) or face penalties of up to 100 penalty units for non-compliance. They must take a licensed pilot on board in compulsory pilotage areas and present the vessel at a boarding ground (ss 68-71). They must not pilot a vessel without a licence or exemption certificate (s 80). They must not obstruct port officers (s 150) or give misleading information (s 151). They must pay charges fixed under Part 10 (s 111). Current owners are liable for charges even if incurred by a previous owner (s 115). Agents for the vessel are also liable for charges (s 115(3)-(4)).

Stevedore licence holders must comply with conditions endorsed on the licence (s 54(4)). The Minister may suspend or cancel a licence for contravention after consulting the port operator (s 55). Licence holders must surrender the licence document if cancelled (s 55(2)(c)).

Licensed pilots must pilot the vessel subject to the master's authority (s 72). They must produce their licence on request (s 79). They must not be under the influence of alcohol or a drug or cause loss or damage through misconduct (s 81). They may be subject to an inquiry and their licence may be suspended or cancelled (ss 82-83).

Pilotage services providers must keep records and report reportable incidents to the regional harbourmaster (s 87). They must not provide services in contravention of conditions of their appointment (s 88(2)). They have the right to fix charges for pilotage services (s 109).

Private port operators and private pilotage providers must not engage in conduct preventing or hindering a port user's access to prescribed services (s 124(1)). They must not unfairly differentiate between port users in negotiating access arrangements (s 125(1)). Private port operators must prepare and comply with an access policy approved by the Regulator (s 127). They must report material non-compliance annually to the Regulator (s 130). Both must give information to the Regulator when required (ss 131, 136).

Affected persons have the right to apply to the Tribunal for review of decisions listed in Schedule 1, including refusal of a stevedore licence, suspension or cancellation of a stevedore licence, decisions about pilotage licences or exemption certificates, and termination of a pilotage services provider's appointment (ss 84, 145).

The Act creates numerous offences, many of which are strict liability. Maximum penalties range from 20 penalty units (failure to return identity card, s 27) to 500 penalty units (unsafe handling of dangerous goods, s 47(4); carrying on unlicensed stevedoring, s 56; master failing to take pilot, s 70; master failing to present vessel, s 71; pilotage services provider contravening conditions, s 88(2); unlicensed piloting, s 80; misconduct by licensed pilot, s 81(1) and (3); private port operator failing to prepare access policy, s 127).

Offences relating to port safety plans attract 200 penalty units for failure to prepare draft (s 29), failure to comply with a direction to prepare a new plan (s 30), failure to implement the plan (s 33(1)), and failure to ensure a compliance audit (s 35). These are all strict liability offences with a defence of reasonable excuse. Similarly, failure to comply with a vessel direction under s 38 carries 100 penalty units, strict liability, with reasonable excuse defence (s 38(2)-(4)).

Failure to comply with an emergency removal direction under s 40A or 40B carries 100 penalty units, strict liability, with reasonable excuse defence (ss 40A(3)-(5), 40B(3)-(5)). Failure to comply with a direction under ss 41, 42 or 43 (likely to endanger or obstruct) carries 200 penalty units, strict liability, with reasonable excuse defence (ss 41(6)-(7), 42(6)-(7), 43(6)-(7)).

The Act provides for recovery of costs as debts. For example, the owner, master and occupier are jointly and severally liable for removal costs under ss 39, 40A, 40B, 40C, 41, 42 and 43. These amounts are additional to any penalty imposed. Port operators may recover enforcement costs for port notices as a debt (s 59(4)-(5)). Charging entities may recover unpaid charges as a debt (s 111(4)).

Enforcement mechanisms include the power to board vessels (s 40), to remove or move vessels (ss 39, 40A, 40B, 40C, 41, 42, 43, 52), to sell or dispose of vessels or wrecks (ss 40C, 41, 42, 43, 44, 44A, 44B, 44C), to close waters (ss 50-51), to confiscate dangerous goods (s 48), to enforce port notices by removing vehicles or carrying out work (s 59), and to exercise step-in rights (ss 139-140).

The regional harbourmaster may direct a compliance audit at the port operator's expense (s 34). The Minister may revoke a port operator's declaration if the operator engages in conduct that materially compromises safety and fails to remedy after notice (s 11). The Minister may also suspend or cancel stevedore licences (s 55), and terminate or suspend the appointment of a pilotage services provider (s 89).

Proceedings for an offence must be commenced within two years after commission or one year after discovery (s 152). Part IIAA of the Criminal Code applies (s 5). The Act provides protection from liability for persons acting in good faith in the exercise of functions, including the Territory, the Minister, regional harbourmasters, port operators and police officers (s 146).

The Act expressly interacts with several other Territory and Commonwealth laws. Section 5 applies Part IIAA of the Criminal Code (general principles of criminal responsibility). The Act binds the Crown in right of the Territory and, to the extent of legislative power, the Crown in all other capacities (s 4(1)), but does not make the Crown liable to prosecution for an offence (s 4(2)).

Part 11 declares the provision of prescribed services by private port operators and private pilotage providers to be a regulated industry for the Utilities Commission Act 2000 (s 119(1)). Charges fixed by private operators and providers are prices for goods or services under that Act (s 119(2)). The Utilities Commission is the Regulator for Part 11 (s 119(3)). If there is inconsistency between Part 11 Division 3 and the Utilities Commission Act 2000, the Division prevails (s 135).

The Act interacts with the Marine Act 1981 in numerous ways. The definition of "vessel" for Part 8 excludes certain vessel types by reference to that Act (s 63). The Director under the Marine Act may exercise regional harbourmaster functions if none is appointed (s 19(3)). Pilotage exemption certificates and licences issued under the Marine Act are taken to be issued under this Act (s 162).

The Dangerous Goods Act 1998 applies to water and land constituting a designated port, with modifications: references to vehicles include vessels, and references to cargo replace loads on vehicles (s 49). The Competent Authority under the Dangerous Goods Act consents to prosecutions for offences against the dangerous goods standard (s 47(5)) and may recover costs of forfeiture or destruction (s 48(4)).

Australian Standard AS 3846-2005 on handling and transport of dangerous cargoes in port areas applies within designated ports (s 47). The Minister may declare amendments to that standard for the definition in s 3.

Marine pollution interactions: the definition of "environment" is taken from the Marine Pollution Act 1999 (s 3).

The Marine Safety National Law (Commonwealth) is referenced in the definition of "vessel" (s 3) and in provisions about pilotage services contracts (s 86(5)(b)).

Port notices issued under s 57 are subject to s 57(3): if inconsistent with any other Territory law, the other law prevails.

Section 148 provides that acts done under the Act are not to be regarded as placing any person in breach of contract or confidence, or as constituting a default under any law or agreement, or as frustrating a contract, or as releasing a surety. This is a broad saving provision protecting the operation of the Act from private law claims.

Local government rates are addressed in s 149: land owned by a public sector entity within a designated port is exempt from rates, unless the land is leased or licensed to the port operator, in which case the port operator pays the rates.

The Act also references the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and the Aboriginal Land Act 1978 (NT) in relation to entry onto Aboriginal land for navigational aid purposes (s 99).

Commonwealth Acts mentioned include the Navigation Act 2012 (Cth), the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth), and the Shipping Registration Act 1981 (Cth) (relevant for registered interests in vessels, s 44).

The Procurement Act 1995 is expressly overridden for pilotage services contracts, which may be entered into without a competitive tender process (s 86(2)).

The Ports Management Act 2015 (Act No. 11 of 2015) received assent on 22 May 2015 and commenced in stages: Part 14 Division 1 was never commenced and was repealed before it could commence; Part 15 Division 2 commenced 1 July 2015; the remainder commenced 9 June 2015.

Subsequent amendments have been made by:

• Ports Management (Repeals and Related and Consequential Amendments) Act 2015 (Act No. 12 of 2015) - various amendments, including to ss 3, 53, 76, 87, 96, 108, 128, 132, 149, 155 and Schedule 1.
• Statute Law Revision and Repeals Act 2019 (Act No. 33 of 2019) - repealed Part 14 Division 1 and formerly unrepealed transitional provisions.
• Ports Legislation Amendment Act 2020 (Act No. 20 of 2020) - a major amendment that restructured Part 5 Division 3 (clearance of vessels and wrecks), inserted new ss 40A-44C, replaced ss 41-44, amended vessel direction powers (ss 38-39), closure of waters (ss 50-52), port notice enforcement (s 59), monitoring (s 62), pilotage definitions (s 63), exemption declarations (s 64), technical standards (s 67), emergency pilotage (s 73), step-in rights (ss 139-140, 143), liability (s 146), land rates (s 149), delegation (inserted s 153A), and updated Schedule 1. This Act also inserted new Division 3 in Part 14 for transitional matters, including ss 164-166 dealing with directions and access policies.
• Local Government Act 2019 (Act No. 39 of 2019) - amended s 149 to update references to local government rates.
• Statute Law Revision Act 2020 (Act No. 26 of 2020) - formal amendments.
• Local Government Amendment Act 2021 (Act No. 15 of 2021) - further amendment to s 149.
• Transport Legislation Amendment Act 2022 (Act No. 1 of 2022) - inserted s 40C (direction to pay prior costs and remove vessel, hull or hulk) and amended ss 44 and 44A.

The version as in force at 4 May 2022 incorporates these amendments. The endnotes list all general amendments of a formal nature made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) affecting ss 1, 3, 49, 63, 81, 86, 99, 107, 119, 131, 132, 135, 148, 149, 159, 160, 162 and 163.

The source text does not contain any references to litigation or case law. The Act itself does not mention any decided cases. However, the Act provides for merits review of specific decisions by the Civil and Administrative Tribunal (s 145, Schedule 1). These reviewable decisions include:

• Refusal by the regional harbourmaster to approve the erection of structures or dredging, or the imposition of conditions (s 53(1)).
• Refusal by the Minister to grant or renew a stevedore licence (s 54).
• Suspension or cancellation of a stevedore licence (s 55).
• Decisions of a pilotage authority regarding pilotage licences or exemption certificates, including refusal to issue or renew, specification or variation of conditions, and suspension or cancellation (s 84(1)).
• Termination or suspension of a pilotage services provider’s appointment, or variation of conditions (s 89).

The Tribunal’s review process is not detailed in the Act. The Act does not create a private right of action for contraventions other than the specific enforcement provisions. For Part 11 obligations (access and pricing), a court of competent jurisdiction may grant injunctions and award compensation for contraventions of ss 124(1) or 125(1) on the application of a person (s 126). The court may also make orders against any other person involved in the contravention (s 126(3)). No other civil remedies are expressly provided, but s 44C provides for compensation on just terms if the operation of Division 3 of Part 5 would result in an acquisition of property otherwise than on just terms.

Given the recency of the Act (2015, with major amendments in 2020 and 2022), there is no significant body of reported litigation interpreting it. The endnotes record no judicial consideration.

Several provisions contain traps for the unwary.

Strict liability for vessel owners - Section 147(1) provides that the owner of a vessel is liable for loss or damage caused by the vessel within a designated port with or without proof of negligence or intent. This is a substantial departure from common law fault-based liability. The master is jointly and severally liable only with proof of negligence or intent (s 147(2)).

No reasonable excuse for confidentiality breach - Section 17(4) expressly provides that it is not a reasonable excuse for failing to comply with an information direction that compliance would breach a duty of confidentiality. The same applies for information required by the Regulator under s 136(8).

Owner liable for master’s pilotage offences - Section 74 deems the owner guilty of the same offence as the master under ss 70 or 71 (failure to take pilot or present vessel) and liable to the same maximum penalty of 500 penalty units.

Current owner liable for past charges - Under s 115(1), if a charge payable by the owner of a vessel is not paid by the person who was owner when the charge was incurred, the charge is payable by the current owner when demanded. This can catch a buyer who acquires a vessel after charges have accrued.

Step-in rights may override port operator - The regional harbourmaster may direct the port operator to exercise functions and, if the operator fails to comply, may exercise those functions as if the harbourmaster were the port operator (s 139). The port operator is liable for all costs incurred by the harbourmaster in exercising step-in rights (s 143). A port operator that complies with a direction is not in breach of the marine legislation (s 141(4)).

No contractual remedies - Section 148 provides that the enactment of the Act, or anything done under it, does not place any person in breach of contract or confidence, does not constitute a civil wrong, does not frustrate contracts, and does not release sureties. This can affect existing contracts that might otherwise be affected by changes in port management.

Port notice inconsistency - Section 57(3) provides that if a port notice is inconsistent with any other Territory law, the other law prevails. Port operators cannot rely on port notices to override other legislation.

Dangerous goods notification - Section 45 requires the port operator to immediately forward to the regional harbourmaster any advance notification received about a vessel carrying dangerous goods. Failure to do so is an offence of strict liability with 100 penalty units.

Structures below high water mark - Section 53 prohibits erecting any jetty, wharf, pontoon, mooring or structure below the high water mark, or mooring a floating structure to the sea floor, or undertaking dredging, without prior written approval from the regional harbourmaster. Penalty 100 penalty units.

Pilotage standards offence - Section 67(5) makes it an offence to contravene technical and safety standards when conducting pilotage. This is a strict liability offence with 200 penalty units maximum.

Loss of title on sale - When a port operator or regional harbourmaster sells a vessel or wreck under ss 44 or 44A, the purchaser holds title free of any pre-existing interest. Owners and secured creditors may lose their interests without compensation beyond the sale proceeds distribution (ss 44(2), 44A(2)).

Just terms compensation - Section 44C provides for compensation if the operation of Part 5 Division 3 would result in an acquisition of property otherwise than on just terms. However, compensation is recoverable from the port operator (if the port operator exercised the power) or the Territory (if the regional harbourmaster did). If the port operator fails to pay, the Territory must pay and may recover from the port operator (s 44C(2)-(3)).

Compliance obligations under the Act vary depending on the entity.

Port operators must first ensure they have been declared by the Minister (s 8). They must prepare a draft port safety plan no later than one month before each anniversary of their declaration and submit it to the regional harbourmaster for approval (s 29). They must implement the approved plan (s 33). They must keep records of all reportable incidents in the prescribed manner and report prescribed particulars to the regional harbourmaster within the prescribed period (s 18). They must ensure at least one port management officer holds office at any time and notify the regional harbourmaster of appointments and cessations (s 22). They must give identity cards to port management officers and port enforcement officers (s 26). They must comply with information directions (ss 15-17) and forward dangerous goods notifications immediately to the regional harbourmaster (s 45). They must comply with port safety plan audit directions and ensure a compliance audit covering the whole plan is conducted at least every three years (s 35). They must keep copies of the port safety plan available for inspection (s 33(4)). They must make quarterly reports on material non-compliance with the port safety plan (s 36(2)).

In exercising powers to direct vessels or close waters, port management officers must act on behalf of the port operator (s 37). The port operator must ensure that any direction under s 38 complies with the notice requirements (written notice published on website or given to owner, master or occupier). For oral directions under s 38(1A)(c) (immediate threat), the port operator must confirm in writing as soon as practicable? The Act does not expressly require written confirmation for s 38 directions, but step-in directions under s 139(2) do require it.

When enforcing port notices, the port operator must ensure port enforcement officers produce their identity card before exercising powers (s 59(3)). For carrying out work that a person has failed to do, the port operator must generally give 7 days written notice (s 60), unless an emergency or imminent threat applies.

Port operators must keep records of all reportable matters under Part 7 and provide six-monthly reports to the regional harbourmaster (s 62).

For port charges, the port operator must publish notices fixing charges on its website (s 108(1)). The port operator may appoint an agent to collect charges (s 111(3)).

Private port operators (those that are not public sector entities) have additional obligations under Part 11. They must prepare a draft access policy and submit it to the Regulator (s 127(1)). They must consult with port users on the draft (s 127(2A)). The policy must be approved by the Regulator (s 127(3)-(4)). They must comply with the access policy at all times (s 127(12)-(13)). They must make annual reports to the Regulator on material non-compliance by 30 September each year (s 130). They must give information to the Regulator when required (ss 131, 136). They must not engage in conduct preventing or hindering access (s 124) or unfairly differentiating between port users (s 125). They must comply with price determinations made by the Regulator (s 132).

Pilotage services providers must be appointed by the Minister (s 85). They must keep records of reportable incidents involving their licensed pilots and report them to the regional harbourmaster (s 87). They must comply with conditions of their appointment and the pilotage services contract (s 86). They may fix charges for pilotage services by publishing on their website (s 109).

Vessel owners, masters and occupiers must comply with directions given under ss 38, 40A, 40B, 41, 42, 43. They must ensure that in compulsory pilotage areas, the vessel has a licensed pilot on board (s 68) and that the master presents the vessel at the boarding ground and gives pilotage charge to the pilot (s 71). They must not pilot a vessel without a licence or exemption certificate (s 80). They must pay charges fixed under Part 10 when demanded (s 111). They must not obstruct port officers (s 150) or give misleading information (s 151). They must not damage aids (s 102) and must report damage immediately to the port operator and regional harbourmaster (s 103).

Stevedores must hold a licence from the Minister (s 54). They must comply with any conditions endorsed on the licence.

Licensed pilots must hold a current pilotage licence issued by the pilotage authority (s 76). They must produce their licence to the master on request (s 79). They must not pilot while under the influence of alcohol or drugs (s 81(1)). They must not engage in conduct causing loss or damage (s 81(3)).

Persons erecting structures must obtain prior written approval from the regional harbourmaster before constructing anything below high water mark within a designated port (s 53).

Port users seeking access to prescribed services from a private port operator may complain to the Regulator or apply to a court for orders under s 126 if they believe the operator has contravened ss 124 or 125.

All persons should note the strict liability nature of most offences and ensure they have documented reasonable excuses where applicable. Records of compliance, communications with the regional harbourmaster and the port operator, and copies of directions and notices should be maintained. Legal advice should be sought before refusing to comply with a direction or information requirement, given the limits on the confidentiality defence.