124Preventing or hindering access

124 Preventing or hindering access (1) A private port operator or private pilotage provider must not engage in conduct for the purpose of preventing or hindering the access of a user or potential user (port user) to any prescribed service. (2) A private port operator or private pilotage provider that acts as mentioned in subsection (3) is taken to be engaging in conduct of a kind mentioned in subsection (1). (3) Having regard to the relevant criterion, the private port operator or private pilotage provider provides, or proposes to provide, access to the prescribed service to itself, or a related body corporate of itself, on more favourable terms than the terms on which it provides, or proposes to provide, access to the prescribed service to a competitor of itself. (4) For subsection (3), the relevant criterion is the terms, taken as a whole, on which the private port operator or private pilotage provider provides, or proposes to provide, access to the prescribed service to itself, or a related body corporate of itself, and the competitor: (a) having regard, in particular, to the nature and quality of the prescribed service provided, or proposed to be provided; but (b) disregarding the charges fixed for access to the prescribed service. (5) A private port operator does not contravene subsection (1) if the conduct is constituted by: (a) a refusal to alter or add to port facilities if, in the reasonable opinion of the private port operator, the alteration or addition is not required for the provision of the requested prescribed service; or (b) an act done in accordance with the operator's access policy; or (c) a reasonable act done: (i) because of an emergency; or (ii) in order to avert or minimise an imminent threat of: (A) death, or serious injury, to any person; or

Ports Management Act 2015 93 (B) loss of, or serious damage to, property; or (C) material harm to the environment. competitor, of a private port operator or private pilotage provider, means an entity that has, or seeks to have, access to the prescribed service to compete in a market with the operator or provider or a related body corporate of the operator or provider.