NORTHERN TERRITORY OF AUSTRALIA
PORTS MANAGEMENT REGULATIONS 2015
As in force at 30 July 2020
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
Part 2 Pilotage
Division 1 Duties of master
4 Taking pilot on board ....................................................................... 2
Division 2 Pilotage licences and pilotage exemption
certificates
5 Issue and renewal of pilotage licence or exemption certificate ........ 2
6 Variation of conditions ..................................................................... 3
7 Fees ................................................................................................ 3
Division 3 Licensed pilots
8 Medical fitness of licensed pilot ....................................................... 4
9 Tugs under pilot's orders ................................................................. 4
11 Complaints against licensed pilots................................................... 4
Part 3 Port access and price monitoring
12 Prescribed services ......................................................................... 4
13 Requirements in relation to access policies ..................................... 5
14 Guidelines on reporting in relation to access policies .................... 10
16 Price determinations ...................................................................... 10
17 Procedure on making a price determination .................................. 12
18 Power to negotiate charges ........................................................... 13
Part 4 Infringement notice offences
19 Infringement notice offence and prescribed amount payable ........ 13
20 When infringement notice may be given ........................................ 13
21 Contents of infringement notice ..................................................... 13
22 Payment by cheque ....................................................................... 14
23 Withdrawal of infringement notice.................................................. 14
Ports Management Regulations 2015 ii
24 Application of this Part ................................................................... 15
Part 5 Miscellaneous matters
25 Reportable incidents ...................................................................... 15
26 Record-keeping and reporting obligations ..................................... 16
27 Port management officers.............................................................. 18
28 Pilotage services provider ............................................................. 18
Schedule Infringement notice offences and
prescribed amounts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 July 2020
PORTS MANAGEMENT REGULATIONS 2015
Regulations under the Ports Management Act 2015
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Ports Management
Regulations 2015.
2 Commencement
These Regulations commence on 1 July 2015.
3 Definitions
In these Regulations:
access dispute means a dispute between a private port operator
and a port user relating to access by the port user to a prescribed
service at the designated port of the operator, including a dispute
as to the price at which, or other terms on which, access will be
provided.
access request means a written request by a port user made in
accordance with a private port operator's access policy for access
to any prescribed service at the designated port of the operator,
including a request to alter or add to port facilities.
aid, see section 93 of the Act.
infringement notice, see regulation 20.
infringement notice offence, see regulation 19(1).
prescribed amount, see regulation 19(2).
price determination, see section 132(1) of the Act.
vessel, see section 63 of the Act.
Part 2 Pilotage
Division 2 Pilotage licences and pilotage exemption certificates
Ports Management Regulations 2015 2
Part 2 Pilotage
Division 1 Duties of master
4 Taking pilot on board
(1) This regulation applies if:
(a) the master of a vessel approaching a compulsory pilotage
area intends that the vessel will enter that area; or
(b) a vessel is at a boarding ground.
(2) The master of the vessel commits an offence if a licensed pilot is
approaching the vessel and the master fails to ensure the vessel is
made ready to take the licensed pilot on board by:
(a) creating a lee; and
(b) providing on the lee side, adequately lit at night, a pilot ladder,
mechanical hoist or other safe means of access; and
(c) arranging for all scuppers, sanitary and other refuse outlets in
the vicinity of the means of access to be closed.
Maximum penalty: 50 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against
subregulation (2) if the defendant has a reasonable excuse.
Division 2 Pilotage licences and pilotage exemption
certificates
5 Issue and renewal of pilotage licence or exemption certificate
For section 76(1) of the Act:
(a) the matters of which the port operator for a pilotage area
within the Port of Darwin must be satisfied are:
(i) for an application for the issue or renewal of a pilotage
licence – the matters relevant to those applications set
out in the technical and safety standards made under
section 67(1) of the Act for the pilotage area; and
Part 2 Pilotage
Division 2 Pilotage licences and pilotage exemption certificates
Ports Management Regulations 2015 3
(ii) for an application for the issue or renewal of a pilotage
exemption certificate – the matters relevant to those
applications set out in the standards mentioned in
subparagraph (i); and
(b) the matters of which the port operator, for a pilotage area
within any other designated port, or the pilotage authority for
any other pilotage area, must be satisfied are:
(i) the physical and mental fitness of the applicant to carry
out pilotage duties; and
(ii) the competence of the applicant to navigate a vessel, of
the relevant size or kind, through the pilotage area.
6 Variation of conditions
(1) The holder of a pilotage licence or pilotage exemption certificate
may apply in writing to the pilotage authority that issued the licence
for the variation of a condition to which the licence or certificate is
subject.
(2) The pilotage authority may, on an application under
subregulation (1):
(a) approve the application by varying the condition; or
(b) refuse the application.
7 Fees
(1) An application for the issue of a pilotage exemption certificate must
be accompanied by a fee, payable to the Territory, of $1070.
(2) An application for the renewal of a pilotage exemption certificate
must be accompanied by a fee, payable to the Territory, of $475.
(3) An application for the variation of a condition to which a pilotage
exemption certificate is subject must be accompanied by a fee,
payable to the Territory, of:
(a) if the condition relates to the vessel or vessels to which the
certificate applies – $475; or
(b) if the condition relates to the part of the pilotage area to which
the certificate applies – $545; or
(c) if the application relates to a condition of a kind mentioned in
paragraphs (a) and (b) – $780.
Part 3 Port access and price monitoring
Ports Management Regulations 2015 4
Division 3 Licensed pilots
8 Medical fitness of licensed pilot
A pilotage authority may, at any time, require a licensed pilot to
undergo a medical examination in order that the licensed pilot's
fitness to discharge the pilot's duties may be determined.
9 Tugs under pilot's orders
A vessel employed in towing, or in any way moving or assisting,
another vessel that is in pilotage charge of a licensed pilot is under
the orders of the pilot in all matters connected with navigation.
11 Complaints against licensed pilots
The master of a vessel may make a complaint against a licensed
pilot by giving written notice of the complaint to the pilotage
authority that licensed the pilot.
Part 3 Port access and price monitoring
12 Prescribed services
(1) For section 3 of the Act, definition prescribed services,
paragraph (a), the following services provided by a private port
operator are prescribed:
(a) providing, or allowing for, access for vessels to the designated
port;
(b) providing facilities for loading or unloading vessels at the
designated port;
(c) providing berths for vessels at the designated port;
(d) providing, or facilitating the provision of, pilotage services in a
pilotage area within the designated port;
(e) allowing entry of persons and vehicles to any land on which
port facilities of the designated port are located.
(2) However, a service mentioned in subregulation (1) does not include
any service provided under a lease granted by the private port
operator.
Part 3 Port access and price monitoring
Ports Management Regulations 2015 5
(3) To avoid doubt, the following services provided by a private port
operator are not prescribed services:
(a) a towage service for facilitating access to the designated port;
(b) a bunkering service at the designated port;
(c) a service for the provisioning of vessels (including the supply
of electricity and water) at the designated port;
(d) a service for the removal of waste from vessels at the
designated port.
13 Requirements in relation to access policies
(1) For section 127(1)(b) of the Act, a private port operator must give
its initial draft access policy to the Regulator no later than 4 months
after the operator becomes a private port operator.
(2) For section 127(2)(a) of the Act, an access policy of a private port
operator must:
(a) state the approach to be taken by the operator to providing, or
allowing for, access for vessels to the designated port,
including the factors that it takes into account in carrying out
vessel scheduling; and
(ab) contain a commitment that the operator will, on request by a
port user, give the user information about the following if it is
reasonably required by the user to make an access request:
(i) the availability of a prescribed service;
(ii) the terms and conditions of access to a prescribed
service; and
(ac) set out the process for making an access request including
stating:
(i) whether or not an access request needs to be
accompanied by a fee; and
(ii) if a fee is payable – that the amount of the fee will be a
reasonable amount to meet the operator's costs of
assessing the request and will be disclosed to the port
user before, or at the time, the access request is made;
and
(ad) state the information that is required to be set out in an access
request, which:
Part 3 Port access and price monitoring
Ports Management Regulations 2015 6
(i) may include the following:
(A) the approximate date on which access to the
prescribed service is sought;
(B) the period for which access to the prescribed
service is sought;
(C) the reason for which access to the prescribed
service is sought; but
(ii) must not include information that is:
(A) not relevant to the provision of access to the
prescribed service to the port user; or
(B) not within the reasonable capacity of the port user
to provide; and
(ae) state the operator's preferred form of access request but
contain a commitment that the operator will accept an access
request in an alternative written form if it contains the
information required; and
(b) contain a commitment that the operator will respond to an
access request within a specified period (which must be
reasonable); and
(c) contain a commitment that the operator will provide access to
a port user to any prescribed service on reasonable terms;
and
(d) set out the basis on which the port operator will determine
access to a prescribed service that is the subject of an access
request if the demand for access from port users exceeds the
capacity to provide access; and
(e) set out the terms on which access to a prescribed service will
be provided; and
(ea) set out a process for negotiating access to a prescribed
service that is the subject of an access request made by a port
user that:
(i) requires the operator to undertake genuine negotiations
with the port user with a view to agreeing on reasonable
terms of access to the prescribed service; and
(ii) requires the operator and the port user to negotiate in
good faith; and
Part 3 Port access and price monitoring
Ports Management Regulations 2015 7
(iii) requires the operator to accommodate, as far as
practicable, the port user's reasonable requirements and
proposals, including a proposal that the operator alter or
add to port facilities to enable the prescribed service to
be provided to the port user; and
(iv) allows the operator to recover from the port user the
reasonable costs associated with carrying out any
alterations or additions to the port facilities proposed by
the port user; and
(v) provides that if, after negotiating, the operator and port
user cannot agree on terms of access to the prescribed
service, then an access dispute arises and must be
resolved in accordance with the relevant provisions in
the access policy; and
(f) set out a process for the resolution of access disputes that are
not frivolous or vexatious that:
(i) provides for a port user to give written notice of a dispute
to the operator within a specified period; and
(ii) requires the operator to undertake genuine and good
faith negotiations through discussion with the port user
with a view to resolving the dispute as quickly as
possible; and
(iii) if the dispute is not resolved through discussion –
provides for the operator to arrange mediation or
conciliation to resolve the dispute; and
(iv) if the dispute is not resolved through mediation or
conciliation – provides for it to be referred to arbitration
by an independent arbitrator appointed by the parties to
the dispute; and
(v) specifies the method by which the independent arbitrator
is to be appointed which may be, but is not required to
be, requesting the Regulator to nominate a person for
appointment as an independent arbitrator; and
(vi) requires that the arbitration be conducted in accordance
with Part 5 of the Commercial Arbitration (National
Uniform Legislation) Act 2011; and
Part 3 Port access and price monitoring
Ports Management Regulations 2015 8
(vii) sets out the powers and duties of the arbitrator in
conducting the arbitration, including the following:
(A) a power for the arbitrator to order a party to the
arbitration to produce information that is requested
by the other party and reasonably necessary for
the resolution of the dispute;
(B) a power for the arbitrator to make an order
mentioned in subsubparagraph (A) subject to any
conditions regarding the use and disclosure of the
information that the arbitrator considers necessary
to protect any confidential information that may be
disclosed;
(C) for an arbitration of an access dispute that relates
to the price of a prescribed service – a duty to
make a decision that is consistent with any price
determination made by the Regulator that is in
force and applies to the operator; and
(viia) requires the arbitrator, in conducting the arbitration, to
take into account the following:
(A) the object of Part 11 of the Act;
(B) the access and pricing principles set out in
section 133 of the Act;
(C) the operator's legitimate business interests and
investment in the designated port and port facilities;
(D) the cost to the operator of providing access to the
relevant prescribed service, including the cost of
any required alterations or additions to port
facilities, but not costs associated with losses
arising from increased competition in upstream or
downstream markets;
(E) firm and binding contractual obligations of the
operator and of other persons already using any
relevant port facility;
(F) the operational and technical requirements
necessary for the safe and reliable provision of
access to the relevant prescribed service;
(G) the economically efficient operation of any relevant
port facility;
Part 3 Port access and price monitoring
Ports Management Regulations 2015 9
(H) the benefit to the public from having competitive
markets; and
(viii) provides a mechanism for the apportionment of the costs
of an arbitration; and
(ix) provides for the decision of the arbitrator to be treated as
an award under the Commercial Arbitration (National
Uniform Legislation) Act 2011; and
(ixa) requires the operator to give the Regulator a copy of the
decision of the arbitrator, subject to any orders made by
the arbitrator regarding the protection of confidential
information contained in the decision; and
(x) requires the parties to an arbitration not to disclose its
outcome to third parties, unless the disclosure is to the
party's insurers or legal or financial advisers or required
by subparagraph (ixa) or any other law; and
(g) require the parties to an access dispute to keep confidential
information provided during any access request negotiations
or access dispute resolution process; and
(h) provide for the right of each party to an access dispute to
request from the other party, within a specified period,
information specified by the requesting party that, in the
opinion of the requesting party, is reasonably necessary for
the resolution of the dispute; and
(i) require a party to comply with a request of a kind mentioned in
paragraph (h) within a specified period; and
(j) require the operator to give reasons for any decision made by
the operator that affects a port user.
(3) A private port operator commits an offence if it does not publish a
copy of its access policy on its website within 5 days after it is
approved under section 127(4) of the Act.
Maximum penalty: 50 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against
subregulation (3) if the defendant has a reasonable excuse.
Part 3 Port access and price monitoring
Ports Management Regulations 2015 10
14 Guidelines on reporting in relation to access policies
For section 128(1) of the Act, the following are the matters about
which guidelines must be issued in relation to annual reports under
section 130(1) of the Act relating to access policies:
(a) the form of the report and how it must be made;
(b) what information must be included in the report about any
material instance of non-compliance with an access policy
including specified kinds of records, statistics, information and
explanations.
16 Price determinations
(1) In making a price determination, without limiting section 21(2) of the
Utilities Commission Act 2000, the Regulator must have regard to:
(a) the cyclical nature of the economy of the Territory, including
the volatility of demand for prescribed services and, where
appropriate, the need to assess returns over a period longer
than 1 year; and
(b) the desirability of price stability and the need to avoid price
shocks.
(2) For section 132(2)(a) of the Act, a price determination:
(a) must use monitoring of the price levels of a prescribed service
as the form of price regulation for the service; and
(b) must specify the basis on which, or the standard against
which, the Regulator intends to monitor price levels; and
(c) must require each private port operator and private pilotage
provider to whom the determination applies:
(i) to give the Regulator in the specified manner written
notice, that complies with subregulation (3), of a
proposed change in the operator's or provider's charges
for the prescribed services at least 20 days before the
change is proposed to be made; and
(ii) to publish in a prominent position on its website:
(A) the operator's or provider's standard charges for
prescribed services; and
Part 3 Port access and price monitoring
Ports Management Regulations 2015 11
(C) notice of a proposed change in the operator's or
provider's standard charges for prescribed services
at least 10 days before the change is proposed to
be made; and
(ca) must require each private port operator to whom the
determination applies to publish in a prominent position on its
website the standard rate of charges charged by the operator
for, or in respect of, the use of port facilities of the designated
port; and
(d) must not require a private port operator or private pilotage
provider to whom the determination applies to publish on its
website a negotiated charge for a prescribed service; and
(e) must require each private port operator and private pilotage
provider to whom the determination applies to make an annual
report to the Regulator containing the following information in
respect of the year to which the report relates:
(i) a list of the types of charges for prescribed services
charged by the operator or provider;
(ii) the amount of revenue received by the operator or
provider from charges for prescribed services (showing
the amount of revenue for each separate charge);
(iii) for a charge for a prescribed service payable on a unit
basis (such as a unit of vessel cargo capacity or vessel
gross tonnage) – the total number of units charged for,
or in respect of, each separate charge;
(iv) if there was a change in the charge for a prescribed
service – the amount of the change and the reason for it;
and
(f) may require each private port operator and private pilotage
provider to whom the determination applies to include in an
annual report under paragraph (e) information on whether,
during the year to which the report relates, the operator or
provider entered into an agreement of a kind mentioned in
section 110 of the Act or regulation 18 and, if so, the number
of those agreements and their terms.
(3) A notice under subregulation (2)(c)(i) about a proposed change
must:
(a) identify each separate charge to which the change relates;
and
Part 3 Port access and price monitoring
Ports Management Regulations 2015 12
(b) provide the following information about each charge:
(i) the basis on which the amount of the charge is
calculated including, for a charge payable on a unit basis
(such as a unit of vessel cargo capacity or vessel gross
tonnage), the unit on which the charge is imposed;
(ii) for a change in an existing charge or the removal of an
existing charge, the reason for the change in the charge
or removal;
(iii) if the charge is being fixed for the first time:
(A) the purpose and function of the charge; and
(B) the basis on which the amount of the charge is
calculated; and
(C) the persons who will be required to pay the charge.
(4) A reference in subregulation (2) or (3) to a proposed change in a
private port operator's or private pilotage provider's charges for
prescribed services includes a change in an existing charge, the
fixing for the first time of a charge and the removal of an existing
charge.
17 Procedure on making a price determination
(1) For section 132(2A) of the Act, at least 30 days before making a
price determination, the Regulator must send a copy of a draft of
the determination to, and invite a submission on it by a specified
date from:
(a) the Minister; and
(b) each private port operator and private pilotage provider to
which the determination would apply; and
(c) any other person the Regulator reasonably considers would
likely be affected by the determination.
(2) The Regulator must consider each submission received by the
specified date before making a price determination.
(3) The Regulator must make a price determination for a private port
operator or private pilotage provider no later than 3 months after the
operator or provider becomes a private port operator or private
pilotage provider.
Part 4 Infringement notice offences
Ports Management Regulations 2015 13
(4) As soon as practicable after making a price determination, the
Regulator must:
(a) send a copy of the determination to any person to whom a
draft was sent under subregulation (1); and
(b) publish the determination on the Regulator's website.
18 Power to negotiate charges
A private port operator or private pilotage provider may enter into
an agreement with a person (including an agreement of a kind
covered by section 110 of the Act) that fixes the charge payable by
the person for a prescribed service to be provided to the person at
an amount that is different to the standard charge for that service.
Part 4 Infringement notice offences
19 Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
of the Act specified in the Schedule.
(2) The prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in the Schedule.
20 When infringement notice may be given
If the regional harbourmaster or a port enforcement officer
reasonably believes that a person has committed an infringement
notice offence, the regional harbourmaster or port enforcement
officer may give a notice (an infringement notice) to the person.
21 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
Part 4 Infringement notice offences
Ports Management Regulations 2015 14
(f) the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to whom the prescribed amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by
a court instead of under that Act by completing a statement of
election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice,
enforcement action may be taken under the Fines and
Penalties (Recovery) Act 2001, including (but not limited to)
action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the
person;
(v) making a community work order for the person and
imprisonment of the person if the person breaches the
order.
(3) Also, the infringement notice must include an appropriate form for
making the statement of election mentioned in subregulation (2)(b).
22 Payment by cheque
If the person tenders a cheque in payment of the prescribed
amount, the amount is not taken to have been paid unless the
cheque is cleared on first presentation.
23 Withdrawal of infringement notice
(1) The regional harbourmaster may withdraw an infringement notice
given by the regional harbourmaster or a port enforcement officer to
a person by written notice given to the person.
Part 5 Miscellaneous matters
Ports Management Regulations 2015 15
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
24 Application of this Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Part 5 Miscellaneous matters
25 Reportable incidents
(1) For the definition of reportable incident in section 3 of the Act,
subject to subregulation (2), events of the following kind are
prescribed:
(a) a collision of a vessel with another vessel;
(b) a collision by a vessel with an object;
(c) the grounding, sinking, flooding or capsizing of a vessel;
(d) a fire on board a vessel;
(e) a loss of stability of a vessel that affects the safety of the
vessel;
(f) the structural failure of a vessel;
Part 5 Miscellaneous matters
Ports Management Regulations 2015 16
(g) a situation in which vessels pass each other, or a vessel
passes another vessel, a person or an object, in such
proximity that a reasonable person would conclude that in all
the circumstances there was a risk of an imminent collision;
(h) an event that results in, or could have resulted in, a vessel
becoming disabled and requiring assistance;
(i) the fouling or damaging by a vessel of:
(i) any pipeline or submarine cable; or
(ii) an aid;
(j) any other event that:
(i) is a reportable incident under section 50 of the Marine
Pollution Act 1999; or
(ii) must be notified under section 14 of the Waste
Management and Pollution Control Act 1998 to the
Northern Territory Environment Protection Authority.
(2) An event of a kind mentioned in subregulation (1) that only involves
actual or potential loss of, or damage to, property is an event of a
prescribed kind only if the value of the loss or damage is greater
than $20 000.
26 Record-keeping and reporting obligations
(1) For sections 18(1) and (3) and 87(1) and (3) of the Act, the
prescribed particulars of a reportable incident that are required to
be kept or reported are details that are sufficient to describe the
following:
(a) the nature of the incident and the circumstances surrounding
it;
(b) the time and location of the incident;
(c) the persons involved in the incident;
(d) the vessels (if any) involved in the incident;
(e) the response of the port operator or pilotage services provider
to the incident;
(f) for an event that involves actual or potential harm to the
environment:
(i) how that harm occurred, is occurring or may occur; and
Part 5 Miscellaneous matters
Ports Management Regulations 2015 17
(ii) action taken to prevent, reduce, control or remove that
harm.
(2) For sections 18(1) and 87(1) of the Act, records are kept in the
prescribed manner if they are kept in writing.
(3) It is sufficient compliance with a reporting obligation under
section 18(3) or 87(3) of the Act if the port operator or pilotage
services provider (as the case requires) gives to the regional
harbourmaster a copy of a report of a reportable incident made
under another Act that contains the prescribed particulars
mentioned in subregulation (1).
(4) For sections 18(3) and 87(3) of the Act, the prescribed period after
the occurrence of a reportable incident is:
(a) 1 hour – if the reportable incident involves:
(i) the death of a person; or
(ii) an injury to a person that requires or results in
immediate treatment for:
(A) the amputation of any part of the person's body; or
(B) a serious head injury; or
(C) a serious eye injury; or
(D) a serious burn; or
(E) the separation of the person's skin from an
underlying tissue (such as degloving or scalping);
or
(F) a spinal injury; or
(G) the loss of a bodily function; or
(H) serious lacerations; or
(iii) the loss of a vessel; or
(iv) the loss of a person from a vessel; or
(v) the loss of, or damage to, property to the value of
$20 000 or more; or
(vi) actual or potential harm to the environment; or
Part 5 Miscellaneous matters
Ports Management Regulations 2015 18
(b) in any other case – 12 hours or, if the reportable incident is
also required to be reported by the port operator or pilotage
services provider under another Act within a shorter period,
the shorter period.
27 Port management officers
For section 22(7) of the Act:
(a) the prescribed circumstances are where the port operator of
the designated port is a public sector entity; and
(b) the entity by which a person is employed or engaged is a
public sector entity.
28 Pilotage services provider
(1) For section 85(2)(b)(ii) of the Act:
(a) the prescribed circumstances are where the pilotage area is
within a designated port of which the port operator is a public
sector entity; and
(b) the entity by which a person is employed or engaged is a
public sector entity.
(2) With reference to section 85(6)(d) of the Act, when considering an
appointment under section 85(1), the Minister must take into
account the potential effect of the appointment on each of the
following:
(a) the safe and economically efficient operation of pilotage
services within the pilotage area;
(b) the safe and economically efficient operation of vessels and
port facilities in the vicinity of the pilotage area;
(c) competition in any relevant market given the ownership,
operation or control of the pilotage services provider;
(d) the public interest in the ongoing long-term supply of pilotage
services within the pilotage area.
Schedule Infringement notice offences and prescribed amounts
Ports Management Regulations 2015 19
Schedule Infringement notice offences and prescribed
amounts
regulation 19(1) and (2)
Provision Prescribed amount in
penalty units
Ports Management Act 2015
sections 38(2), 40A(3), 40B(3), 41(6), 42(6),
43(6), 50(4), 51(5), 53(1), 79(1), 96(1), 97(3),
101(4) and 102(2) and (3)
5
sections 33(4), 50(3) and (8), 51(4) and (9),
100(1), 102(4) and 103(1)
2
ENDNOTES
Ports Management Regulations 2015 20
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Ports Management Regulations (SL No. 13, 2015)
Notified 30 June 2015
Commenced 1 July 2015 (r 2)
Ports Management Amendment Regulations 2015 (SL No. 22, 2015)
Notified 29 September 2015
Commenced 29 September 2015
Ports Management Amendment Regulations 2016 (SL No. 6, 2016)
Notified 16 March 2016
Commenced 16 March 2016
Ports Management Amendment Regulations 2020 (SL No. 23, 2020)
Notified 30 July 2020
Commenced 30 July 2020 (r 2, s 2 Ports Legislation Amendment Act 2020
(Act No. 20, 2020) and Gaz G30, 29 July 2020, p 1)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 13, 16, 21 and 25 and sch.
4 LIST OF AMENDMENTS
r 5 amd No. 6, 2016, r 3
r 10 rep No. 6, 2016, r 4
r 12 amd No. 23, 2020, r 4
r 13 amd No. 23, 2020, r 5
r 15 rep No. 23, 2020, r 6
r 16 amd No. 23, 2020, r 7
r 17 amd No. 23, 2020, r 8
ENDNOTES
Ports Management Regulations 2015 21
r 18 amd No. 23, 2020, r 9
r 28 amd No. 22, 2015, r 3
sch amd No. 23, 2020, r 10