108Port authority charges

108 Port authority charges (1) The port operator of a designated port may, as a port authority of the port, by written notice published on the port operator's website, fix charges in respect of the use by a vessel of any or all of the following: (a) the waters of the designated port; (b) port facilities of the designated port that are owned by, or leased or licensed to, or operated or maintained by, the port (2) The Minister may, as a port authority of a designated port, by Gazette notice, fix charges in respect of the use by a vessel of any or all of the following: (a) the waters of the designated port; (b) port facilities of the designated port that are owned by, or leased or licensed to, or operated or maintained by, the Minister or another public sector entity. (3) Subsection (1) is subject to any conditions or restrictions on, or exclusions from, the power of a port operator of a designated port to fix charges imposed by a port operating agreement to which the port operator is a party. (4) Without limiting subsection (1) or (2), charges of the following kind may be fixed in relation to a designated port: (a) a port due, being a charge in respect of the entry (however made) of a vessel into the port or its movement within the port; (b) a wharfage charge, being a charge calculated by reference to the quantity, volume or weight of cargo loaded on, or unloaded from, a vessel occupying a berth, or transhipped between vessels, within the port; (c) a berthing charge, being a charge calculated by reference to the amount of time, as determined by a port authority: (i) that a vessel occupies a berth within the port for any purpose; or (ii) that a vessel anchors within the port in an area of water that is not adjacent to a wharf, pontoon, mooring buoy, dolphin or structure of any other kind; or Ports Management Act 2015 86 (iii) for which a berth is reserved for occupation by a vessel for any purpose. (5) Different charges may be fixed in respect of different classes of vessels, cargo or berths or according to such other factors as a port authority thinks fit. berth, in relation to a charge fixed by a port authority, means an area of water within a designated port surrounding or adjacent to a wharf, mooring buoy or dolphin that is owned by, leased or licensed to, or operated or maintained by the port authority. dolphin means an apparatus or structure (other than a wharf or mooring buoy) that is permanently fixed to the bed of navigable waters and that is used for securing a vessel.