153Port operator may not perform certain functions

153 Port operator may not perform certain functions (1) While the DMSB agreement is in force, the port operator of the Port of Darwin may not exercise the following functions in relation to offshore industry supply services: (a) providing, maintaining, operating or controlling services or facilities for: (i) the berthing, mooring, loading or unloading of vessels; or Ports Management Act 2015 111 (ii) the storage of goods at, or transport of goods to and from, a place where they are to be loaded on or unloaded from a vessel; or (iii) the reception, handling, packing or unpacking or repair of containers; or (iv) the employment of stevedores or other persons within the Port of Darwin; (b) acquiring, erecting, maintaining or operating: (i) warehouses, storehouses, bins or tanks for the reception and holding of fuel (whether solid or liquid) or liquids; or (ii) yards for the holding of animals. (2) Despite subsection (1), the port operator may perform the functions mentioned in that subsection in relation to offshore industry supply services if: (a) the DMSB operator is unable to provide those services because: (i) there is a major incident; or (ii) there has been a delay of 24 hours or more in accommodating an offshore industry support vessel at a wharf at the DMSB; or (b) the DMSB operator requests the port operator to perform one or more of the functions on a temporary basis; or (c) the offshore industry supplies in relation to which the port operator performs the function are only ancillary to a general cargo. DMSB (which is an acronym for Darwin Marine Supply Base) means the area of land and facilities provided by the Territory to the DMSB operator for the provision of offshore industry supply services. DMSB agreement means the agreement relating to the operation of the DMSB entered into by the Territory and the DMSB operator, as amended and in force from time to time. Ports Management Act 2015 112 DMSB operator means the person or group of persons responsible under the DMSB agreement for operating the DMSB and: (a) if the operator is a person – includes the successors and assignees of the person; and (b) if the operator is a group of persons – includes a member of the group and the successors and assignees of the group and of a member of the group; and (c) includes a contractor or other person acting for or on behalf of the DMSB operator. major incident means an occurrence that prevents, or significantly disrupts, the operation of the DMSB. offshore industry means offshore oil and gas facilities, drilling platforms, pipe-laying vessels and other construction support vessels for the offshore oil and gas exploration, production and processing industries. offshore industry supplies means goods carried to offshore industry by offshore industry support vessels. offshore industry supply services means the following services but does not include non-wharf face activities such as pilotage and mooring: (a) the services of transhipping personnel or offshore industry supplies to or from offshore industry; (b) servicing or supporting offshore industry support vessels; (c) handling general cargo if that cargo is ancillary to offshore industry supplies. offshore industry support vessel includes offshore support vessels, anchor handling tug supply vessels and similar support vessels involved in offshore industry.