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.