What it does
The Ports Management Act 2015 (NT) establishes a comprehensive statutory framework for the control, management and operation of ports within the Northern Territory. Its central object is to promote the safe, secure and efficient operation of designated ports, while also facilitating trade and encouraging effective competition in upstream and downstream markets (ss 12(2)(b), 117). The Act operates by conferring functions on port operators, regional harbourmasters, port management officers, port enforcement officers, the Minister and the Utilities Commission (acting as the Regulator for Part 11). It also creates a system of stevedore licensing, compulsory pilotage, port safety planning, marine navigational aids regulation, port charging and access regulation for private port operators and private pilotage providers.
The Act declares designated ports (initially the Port of Darwin, with power for the Minister to declare others - s 6) and appoints port operators for those ports (s 8). Port operators bear principal functions of establishing and operating facilities, promoting safe and efficient operation and facilitating trade (s 12). They must prepare annual port safety plans (s 29), keep records of reportable incidents (s 18), comply with information directions from the regional harbourmaster and issue port notices to control activities within the port (s 57). The Act also confers extensive powers on port operators and regional harbourmasters to direct vessels, remove wrecks, close waters, regulate dangerous goods and control the erection of structures (Part 5, Divisions 2-6).
Pilotage is made compulsory for every pilotage area within a designated port (s 68), and the Act establishes a system for the appointment of pilotage services providers (ss 85-90), the issue of pilotage licences and exemption certificates (ss 75-77), and the conduct of inquiries into misconduct by licensed pilots (ss 82-83). Part 10 empowers port authorities and pilotage services providers to fix charges for the use of port waters, facilities and pilotage services (ss 108-109). Part 11 imposes access and pricing obligations on private port operators and private pilotage providers, prohibiting conduct that prevents or hinders access or unfairly differentiates between port users (ss 124-125), and giving the Regulator power to make price determinations (s 132).