sec.267AMeaning of port facilities

### sec.267A Meaning of port facilities Port facilities — of a port authority, means the facilities or land that are— owned or controlled by— the port authority; or if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and used in the operation or strategic management of the port authority’s port; or of a port entity other than a port authority, means the facilities or land that are— owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port. For subsection (1) (b) , a lease or licence of land or facilities granted, or other provision for the use of or access to land or facilities made, by a port entity other than a port authority for the benefit of a person is to be disregarded. Port facilities for a port entity other than a port authority also include land or facilities prescribed by regulation to be port facilities. Port facilities for a port entity other than a port authority do not include land or facilities prescribed by regulation not to be port facilities. wharf and port marine operational areas and shipping channels within port limits marine and port structures berths and berth pockets ship building facilities and dry docks offshore structures used for shipping purposes wharf protection devices hydraulic structures bulk loading and unloading facilities boat harbours and boat ramps vehicle and railway ferry terminals, oil and liquid product terminals and other terminals within the port area access roads and rail corridors roads, access corridors and flyovers conveyors pipelines weighbridges monitoring facilities security facilities communication facilities material handling or disposal areas vehicle parking facilities an airport public, community and visitor facilities partially completed reclamation areas in areas designated as future strategic port land partially completed port facilities s 267A ins 2005 No. 22 s 9 amd 2008 No. 67 s 287 ; 2008 No. 46 s 135 sub 2010 No. 19 s 82 (sec.267A-ssec.1) Port facilities — of a port authority, means the facilities or land that are— owned or controlled by— the port authority; or if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and used in the operation or strategic management of the port authority’s port; or of a port entity other than a port authority, means the facilities or land that are— owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port. (sec.267A-ssec.2) For subsection (1) (b) , a lease or licence of land or facilities granted, or other provision for the use of or access to land or facilities made, by a port entity other than a port authority for the benefit of a person is to be disregarded. (sec.267A-ssec.3) Port facilities for a port entity other than a port authority also include land or facilities prescribed by regulation to be port facilities. (sec.267A-ssec.4) Port facilities for a port entity other than a port authority do not include land or facilities prescribed by regulation not to be port facilities. wharf and port marine operational areas and shipping channels within port limits marine and port structures berths and berth pockets ship building facilities and dry docks offshore structures used for shipping purposes wharf protection devices hydraulic structures bulk loading and unloading facilities boat harbours and boat ramps vehicle and railway ferry terminals, oil and liquid product terminals and other terminals within the port area access roads and rail corridors roads, access corridors and flyovers conveyors pipelines weighbridges monitoring facilities security facilities communication facilities material handling or disposal areas vehicle parking facilities an airport public, community and visitor facilities partially completed reclamation areas in areas designated as future strategic port land partially completed port facilities - (a) of a port authority, means the facilities or land that are— (i) owned or controlled by— (A) the port authority; or (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and (ii) used in the operation or strategic management of the port authority’s port; or - (i) owned or controlled by— (A) the port authority; or (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and - (A) the port authority; or - (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and - (ii) used in the operation or strategic management of the port authority’s port; or - (b) of a port entity other than a port authority, means the facilities or land that are— (i) owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and (ii) used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port. - (i) owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and - (ii) used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port. - (i) owned or controlled by— (A) the port authority; or (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and - (A) the port authority; or - (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and - (ii) used in the operation or strategic management of the port authority’s port; or - (A) the port authority; or - (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and - (i) owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and - (ii) used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port. - • wharf and port marine operational areas and shipping channels within port limits - • marine and port structures - • berths and berth pockets - • ship building facilities and dry docks - • offshore structures used for shipping purposes - • wharf protection devices - • hydraulic structures - • bulk loading and unloading facilities - • boat harbours and boat ramps - • vehicle and railway ferry terminals, oil and liquid product terminals and other terminals within the port area - • access roads and rail corridors - • roads, access corridors and flyovers - • conveyors - • pipelines - • weighbridges - • monitoring facilities - • security facilities - • communication facilities - • material handling or disposal areas - • vehicle parking facilities - • an airport - • public, community and visitor facilities - • partially completed reclamation areas in areas designated as future strategic port land - • partially completed port facilities