3Definitions

3 Definitions In this Act: access policy means an access policy approved by the Regulator under section 127. acting in an official capacity, in relation to a person, means the person is exercising functions under, or otherwise related to the administration of, this Act. approved form means a form approved under section 154. Australian Standard AS 3846-2005 means Australian Standard AS 3846-2005 The handling and transport of dangerous cargoes in port areas: (a) as in force immediately before the commencement of Part 5, Division 4; or (b) if the Minister has declared, by Gazette notice, that a particular amendment is to be adopted for this definition – as so amended. charging entity, see section 106. Ports Management Act 2015 2 commercial shipping means the carrying of cargo, or transport of passengers, by sea to or from a designated port, for reward, on a vessel other than: (a) a commercial fishing vessel; or (b) a fishing charter vessel; or (c) a ferry; or (d) a vessel prescribed by regulation. commercial vessel means a vessel that is for use in connection with a commercial, governmental or research activity, whether or not it is also used in connection with another activity at the same Competent Authority, see section 3 of the Dangerous Goods Act 1998. compliance audit, see section 34(1). compulsory pilotage area means a pilotage area for which pilotage is compulsory under section 68. dangerous goods, see section 7(1) of the Marine Act 1981. designated port means: (a) the Port of Darwin; or (b) any other port within the Territory that, under a declaration in force under section 6, is a designated port for this Act. Director, see section 7(1) of the Marine Act 1981. entity includes a person and an unincorporated body. environment, see section 6(1) of the Marine Pollution Act 1999. exercise, a function, includes perform a duty. function includes power, authority and duty. information direction, see section 15(1). licensed pilot means a person who holds a current pilotage licence. Ports Management Act 2015 3 marine legislation means: (a) this Act; or (b) the Marine Act 1981; or (c) the Marine Pollution Act 1999; or (d) subordinate legislation made under an Act mentioned in paragraph (a), (b) or (c). Marine Safety National Law means the Marine Safety (Domestic Commercial Vessel) National Law (Cth) (being provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth)). master, see section 7(1) of the Marine Act 1981. mooring buoy means a floating apparatus (other than a vessel) that is in navigable waters and used for securing a vessel. non-commercial vessel means a vessel that is not a commercial vessel. Northern Territory waters, see section 7(1) of the Marine Act 1981. owner, in relation to a vessel, means: (a) an owner, joint owner or charterer of the vessel; or (b) an agent of the owner, joint owner or charterer; or (c) a person registered as the vessel's owner in a register kept under the marine legislation or the Marine Safety National Law or other certificate of registry for the vessel. pilotage area means an area declared under section 65. pilotage authority, for a pilotage area, means the person who is, or is appointed to be, the pilotage authority for the area under section 66. pilotage exemption certificate means a pilotage exemption certificate issued under Part 8, Division 4. pilotage licence means a pilotage licence issued under Part 8, Division 4. Ports Management Act 2015 4 pilotage services contract means a contract entered into under section 86(1). pilotage services provider, in relation to a pilotage area, means a person appointed by the Minister under section 85(1) to be a pilotage services provider for the area. place, within a designated port, includes: (a) any infrastructure or other thing affixed to land within the port; and (b) any vehicle or other thing on land within the port; and (c) anything on or under the bed or foreshore of a waterway (d) anything (other than a vessel) in, or floating on, water within the port that is anchored or otherwise attached to the bed or banks of a waterway within the port. port authority, for Part 10, see section 106(1). port enforcement officer means a person appointed under section 24 to be a port enforcement officer. port facilities, in relation to a designated port, means land, buildings, installations or equipment for: (a) berthing, towing, mooring, docking or moving vessels that are entering, using or leaving the port; or (b) the loading, unloading or transhipment of cargo; or (c) the embarking or disembarking of passengers; or (d) the lighterage, sorting, weighing, warehousing, storing or handling of cargo. port lessee, of a designated port, means an entity that subleases or sublicences to the port operator land within the port that has been leased or licensed to the entity by a public sector entity. port management officer means a person appointed under section 22 to be a port management officer. port notice, see section 57. Port of Darwin means the area of water and land comprised within the boundaries as declared from time to time under section 7 to constitute the Port of Darwin. Ports Management Act 2015 5 port operating agreement means an agreement entered into under section 9(1) that describes itself as a port operating agreement for this Act. port operator, of a designated port, means the entity declared by the Minister under section 8 to be the operator of the port. port safety plan, see section 28. port user, see section 124(1). prescribed services means: (a) for a private port operator – the services prescribed by regulation; or (b) for a private pilotage provider – pilotage services in a pilotage area within a designated port. preventative action, in relation to a vessel, hull or hulk in a designated port, means one or more preventative measures. preventative measure, in relation to a vessel, hull or hulk in a designated port, means: (a) removing the vessel, hull or hulk from the port; or (b) moving the vessel, hull or hulk to a specified place within the port; or (c) repairing the vessel, hull or hulk and making it safe; or (d) destroying the vessel, hull or hulk. private pilotage provider, see section 118(b). private port operator, see section 118(a). public sector entity means any of the following: (a) the Territory (including the Crown in right of the Territory); (b) a minister of the Territory; (c) an Agency; (d) a Government owned corporation as defined in section 3 of the Government Owned Corporations Act 2001; (e) a public authority of the Territory; Ports Management Act 2015 6 (f) a person holding or occupying an office established by a law of the Territory; (g) a transaction company all of the issued shares in which are held by, or on behalf of, a public sector entity mentioned in any other paragraph; (h) an entity that is wholly owned by an entity that is a public sector entity mentioned in any other paragraph. regional harbourmaster, in relation to a designated port, means the person appointed to be the regional harbourmaster for the port under section 19(1). registered interest means an interest registered under the Shipping Registration Act 1981 (Cth) or Personal Property Securities Act 2009 (Cth). Regulator, see section 119(3). related body corporate, see section 9 of the Corporations Act 2001. relevant function, for Part 12, see section 138. reportable incident means an event of a prescribed kind that involves: (a) actual or potential death of, or injury to, a person; or (b) actual or potential loss of, or damage to, property; or (c) actual or potential harm to the environment. step-in right, see section 139. transaction company means a body corporate established as a transaction company under section 11 of the Port of Darwin Act 2015. Tribunal means the Civil and Administrative Tribunal. vehicle includes rolling stock. vessel means: (a) generally: (i) a vessel as defined in section 8 of the Marine Safety National Law; or Ports Management Act 2015 7 (ii) a seaplane; or (b) for Part 8 – see section 63. website includes a webpage.