133EFunctions of Ports Victoria

133E Functions of Ports Victoria (1) The functions of Ports Victoria are— (a) to establish, provide, and maintain port systems and infrastructure for port land and port waters for which Ports Victoria is responsible; and (b) to manage and develop, or enable and control the management and development of, port land and infrastructure for which Ports Victoria is responsible; and (c) to provide navigational control and safety services in State waters other than port waters; and (d) to establish and manage channels in the port waters of commercial trading ports; and (e) to dredge and maintain, in accordance with standards determined under section 199 of the **Marine Safety Act 2010**, channels in the port waters of commercial trading ports; and (f) to provide and maintain, in accordance with standards determined under section 199 of the **Marine Safety Act 2010**, navigation aids in connection with navigation in port land and port waters for which Ports Victoria is responsible; and (g) to provide and maintain marine safety infrastructure in connection with port land and port waters for which Ports Victoria is responsible; and (h) to generally direct and control the movement of vessels in port of Melbourne waters and regional port waters in accordance with the **Marine Safety Act 2010**; and (i) to provide advice and information to port managers in relation to the integrated planning, development, management and promotion activities for ports; and (j) to provide advice, guidance and expertise in relation to port and maritime issues to local port managers and waterway managers; and (k) to engage harbour masters in accordance with the **Marine Safety Act 2010**; and (l) to develop standards and codes for navigational safety in relation to the Victorian ports system; and S. 133E(1)(la) inserted by No. 19/2022 s. 14. (la) to license pilotage services providers in accordance with the **Port Management Act 1995**; and (m) to promote the sustainable growth of trade carried out through the Victorian ports system; and (n) to develop and facilitate the development of the cruise ship industry in Victoria; and S. 133E(1)(na) inserted by No. 19/2022 s. 15. (na) to licence towage service providers in accordance with the **Port Management Act 1995**; and (o) any other function conferred on Ports Victoria by this or any other Act. (2) Ports Victoria must ensure that a standard or code developed for the purposes of subsection (1)(l) is published on an Internet website maintained by Ports Victoria. (3) It is not a function of Ports Victoria to develop strategic or regulatory policy in relation to the functions described in subsection (1). (4) In performing the functions conferred on it, Ports Victoria must— (a) carry out its functions consistently with State policies and strategies for the development of the Victorian port and freight networks; and (b) to the extent that it is possible to do so consistently with paragraph (a), operate in a commercially sound manner having regard to— (i) the benefits of increased competition between persons and bodies that provide services related to the operation of the port of Melbourne; and (ii) the persons living or working in the immediate neighbourhood of the port of Melbourne; and (iii) the benefits of increased competition between persons and bodies that provide services related to the operation of regional port waters or State waters in relation to which Ports Victoria is carrying out its functions; and (iv) the need to conduct research and collect information relating to the performance of Ports Victoria's functions so as to enable Ports Victoria to meet its main objects; and (v) the need to deal efficiently with any complaints relating to the performance of Ports Victoria's functions. (5) Ports Victoria may perform a function described in subsection (1)(d), (e), (f) or (g) in relation to a commercial trading port or channels in the port waters of a commercial trading port by arranging for the port manager of the commercial trading port or another person— (a) to establish, manage and, in accordance with the standards determined under section 199 of the **Marine Safety Act 2010**, dredge and maintain channels in the waters of the commercial trading port; and (b) to provide and maintain, in accordance with the standards determined under section 199 of the **Marine Safety Act 2010**, navigation aids in connection with navigation in the waters of that port or channels in those waters; and (c) to direct and control the movement of vessels within the waters of that port or channels in those waters in accordance with the **Marine Safety Act 2010**. (6) Subject to subsection (7), Ports Victoria may enter into an arrangement with a person, other than a port manager of a local port or a waterway manager, to provide a port service or navigation or marine service for a fee or charge. (7) Ports Victoria may only enter into an agreement under subsection (6) to provide a service, or any part of a service, outside Victoria— (a) after consultation with the Secretary; and (b) if the Minister has approved Ports Victoria to provide that service, or a relevant class of service, outside Victoria. S. 133F inserted by No. 19/2022 s. 5.