127Access policy

127 Access policy (1) A private port operator commits an offence if: (a) the operator fails to prepare a draft access policy in accordance with this section; or (b) the operator fails to give the operator's initial draft access policy to the Regulator by the date specified in, or calculated in accordance with, the regulations; or (c) the operator fails to give a new draft access policy to the Regulator before its existing access policy nominally expires under subsection (10). Ports Management Act 2015 95 (2) An access policy: (a) must be in accordance with any requirements prescribed by regulation; and (b) must contain any matter required by the Minister under section 129; and (c) may consist of more than one document. (2A) After preparing a draft access policy, other than an amended policy prepared under subsection (5) or (6), a private port operator must: (a) consult with port users on the draft policy; and (b) prepare a written summary of the comments received during the consultations; and (c) when giving the draft policy to the Regulator, also give the Regulator a copy of the summary. (3) After receiving a draft access policy, the Regulator must give the private port operator written notice of one of the following: (a) that the Regulator approves the draft policy; (b) that the Regulator does not approve the draft policy because it does not meet the requirements of subsection (2) and that the private port operator must amend the draft policy, as directed by the Regulator, so it meets those requirements. (3A) Notice under subsection (3) must be given: (a) within 60 days after the Regulator receives the draft access policy; or (b) if, during that 60 day period, the Regulator gives the private port operator written notice that it needs more time to consider the draft access policy – within 120 days after the Regulator receives the policy. (4) The Regulator must approve a draft access policy that meets the requirements of subsection (2). (5) A private port operator who receives a notice mentioned in subsection (3)(b) must, within 30 days after the date of the notice, resubmit the draft access policy, amended as directed, to the Regulator, for approval under this section. Ports Management Act 2015 96 (6) A private port operator may amend a draft access policy that has not been approved and give it to the Regulator. (7) Subsections (3) to (5) apply to an amended draft access policy in the same way that they apply to the initial draft. (8) If the Regulator fails to act in accordance with subsection (3) within the period allowed under subsection (3A), the draft access policy is taken to have been approved by the Regulator on the expiration of that period. (9) On being approved, the policy is the access policy of the private port operator for this Division until it is replaced with a new access policy prepared by the operator and approved by the Regulator. (10) An access policy nominally expires on: (a) the day that is 5 years after the day on which it was approved by the Regulator; or (b) if the policy states that it nominally expires on an earlier date – the earlier date. (12) A private port operator must comply with its access policy. (13) To avoid doubt, a private port operator must continue to comply with its access policy, even if it has nominally expired under subsection (10), until it is replaced with a new access policy prepared by the operator and approved by the Regulator.