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  • Authorised by the Chief Parliamentary Counsel

    Authorised Version

    i

    Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011

    No. 38 of 2011

    TABLE OF PROVISIONS Section Page

    PART 1PRELIMINARY 1

    1 Purpose 12 Commencement 2

    PART 2AMENDMENT OF TRANSPORT INTEGRATION ACT 2010 3

    3 Definitions 34 DefinitionDivision 3A of Part 6 35 Port of Melbourne Corporation 36 Object of Port of Melbourne Corporation 47 Functions of Port of Melbourne Corporation 48 Dredging by Port of Melbourne Corporation 49 DefinitionDivision 3B of Part 6 510 Functions of Victorian Regional Channels Authority 511 New division 3C of Part 6 inserted 5

    Division 3CPort of Hastings Development Authority 5

    141Q Establishment of Port of Hastings Development Authority 5

    141R Port of Hastings Development Authority not to represent the Crown 5

    141S Object of Port of Hastings Development Authority 5141T Functions of Port of Hastings Development Authority 6141U Acquisition or disposal of land by Port of Hastings

    Development Authority to be approved by Minister 8141V Public interest functions 9

    12 Determination of initial capital 1013 Capital 1014 Repayment of capital 1015 Annual report 1016 Corporate plan 1017 Statement of corporate intent 1118 Corporate plan to be followed 1119 Board of directors to give notice of significant events 11

  • Section Page

    ii Authorised by the Chief Parliamentary Counsel

    20 New section 201D inserted 11201D Substitution of parties to channel operating agreement

    Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011 11

    21 New Part 9 inserted 12

    PART 9TRANSPORT LEGISLATION AMENDMENT (PORT OF HASTINGS DEVELOPMENT AUTHORITY) ACT 20111 12

    Division 1Transfer of property and staff to the Port of Hastings Development Authority 12

    207 DefinitionsDivision 1 12208 Minister may direct transfer of Port of Melbourne

    Corporation property to Port of Hastings Development Authority 14

    209 Property transferred in accordance with directionPort of Hastings Development Authority 16

    210 Allocation of property etc. subject to encumbrancesPort of Hastings Development Authority 16

    211 Certificate of chief executive officerPort of Hastings Development Authority 17

    212 Value of transferred propertyPort of Hastings Development Authority 18

    213 Substitution of party to agreementPort of Hastings Development Authority 18

    214 Former Port of Melbourne Corporation instrumentsPort of Hastings Development Authority 19

    215 ProceedingsPort of Hastings Development Authority 19216 Interests in landPort of Hastings Development

    Authority 19217 EasementsPort of Hastings Development Authority 20218 Amendment of RegisterPort of Hastings

    Development Authority 20219 TaxesPort of Hastings Development Authority 21220 EvidencePort of Hastings Development Authority 21221 Validity of things done under this Division 21222 Minister may direct Port of Melbourne Corporation to

    lease land to Port of Hastings Development Authority 23223 Transfer of staff from Port of Melbourne Corporation

    to Port of Hastings Development Authority 23

  • Section Page

    iii Authorised by the Chief Parliamentary Counsel

    Division 2Transfer of property to Victorian Regional Channels Authority 25

    224 DefinitionsDivision 2 25225 Minister may direct transfer of Port of Melbourne

    Corporation property to Victorian Regional Channels Authority 27

    226 Property transferred in accordance with directionVictorian Regional Channels Authority 29

    227 Allocation of property etc. subject to encumbrancesVictorian Regional Channels Authority 29

    228 Certificate of chief executive officerVictorian Regional Channels Authority 30

    229 Value of transferred propertyVictorian Regional Channels Authority 31

    230 Substitution of party to agreementVictorian Regional Channels Authority 31

    231 Former Port of Melbourne Corporation instrumentsVictorian Regional Channels Authority 31

    232 ProceedingsVictorian Regional Channels Authority 32233 Interests in landVictorian Regional Channels

    Authority 32234 EasementsVictorian Regional Channels Authority 33235 Amendment of RegisterVictorian Regional Channels

    Authority 33236 TaxesVictorian Regional Channels Authority 34237 EvidenceVictorian Regional Channels Authority 34238 Validity of things done under this Division 34239 Minister may direct Port of Melbourne Corporation to

    lease land to Victorian Regional Channels Authority 36

    PART 3AMENDMENT OF PORT MANAGEMENT ACT 1995 37

    22 Definitions 3723 Port operations 3724 DefinitionsPart 3 3825 General power to make determinations 3826 Wharfage fees 3927 New section 74A inserted 39

    74A Wharfage feesPort of Hastings 3928 Payment of wharfage and channel fees 4029 Interest on overdue payments 4130 Security for payment of wharfage and channel fees 4131 Waiver or refund of wharfage or channel fees 4132 DefinitionsPart 5A 4233 Making a declaration of restricted access area 4234 DefinitionsPart 6B 43

  • Section Page

    iv Authorised by the Chief Parliamentary Counsel

    PART 4CONSEQUENTIAL AMENDMENTS 44

    35 Schedule 1Borrowing and Investment Powers Act 1987 4436 DefinitionsMarine Act 1988 4437 Requirement to engage harbour masterMarine Act 1988 4438 Authorisation to act as a harbour masterMarine Act 1988 4539 DefinitionsMarine Safety Act 2010 4540 Certain entities must engage harbour mastersMarine Safety

    Act 2010 4541 Authorisation to act as assistant harbour masterMarine

    Safety Act 2010 4642 Disclosure of informationRoad Safety Act 1986 4643 DefinitionsTreasury Corporation of Victoria Act 1992 4644 Schedule 1Treasury Corporation of Victoria Act 1992 47

    PART 5REPEAL OF AMENDING ACT 48

    45 Repeal of amending Act 48

    ENDNOTES 49

  • Authorised by the Chief Parliamentary Counsel

    Authorised Version

    1

    Transport Legislation Amendment

    (Port of Hastings Development Authority) Act 2011

    No. 38 of 2011

    [Assented to 23 August 2011]

    The Parliament of Victoria enacts:

    PART 1PRELIMINARY

    1 Purpose

    The main purpose of this Act is to promote increased capacity and competition in the container ports sector by amending the Transport Integration Act 2010, the Port Management Act 1995 and other Acts to provide for

    Victoria

  • Part 1Preliminary

    Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011

    No. 38 of 2011

    2 Authorised by the Chief Parliamentary Counsel

    (a) the establishment of the Port of Hastings Development Authority;

    (b) the transfer of functions relating to the port of Hastings from the Port of Melbourne Corporation to the Port of Hastings Development Authority;

    (c) the transfer of functions relating to port of Hastings waters from the Port of Melbourne Corporation to the Victorian Regional Channels Authority;

    (d) the making of consequential and transitional amendments.

    2 Commencement (1) Subject to subsection (2), this Act comes into

    operation on a day or days to be proclaimed.

    (2) If a provision of this Act does not come into operation by 1 January 2012, it comes into operation on that day.

    __________________

    s. 2

  • Part 2Amendment of Transport Integration Act 2010

    Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011

    No. 38 of 2011

    3 Authorised by the Chief Parliamentary Counsel

    PART 2AMENDMENT OF TRANSPORT INTEGRATION ACT 2010

    3 Definitions (1) In section 3 of the Transport Integration Act

    2010, insert the following definition

    "Port of Hastings Development Authority means the body corporate established under section 141Q;".

    (2) In section 3 of the Transport Integration Act 2010, after paragraph (p) of the definition of transport body insert

    "(q) the Port of Hastings Development Authority;".

    (3) In the definition of Transport Corporation in section 3 of the Transport Integration Act 2010

    (a) in paragraph (e), for "Authority;" substitute "Authority; or";

    (b) after paragraph (e) insert

    "(f) the Port of Hastings Development Authority;".

    4 DefinitionDivision 3A of Part 6 Section 141A of the Transport Integration Act 2010 is repealed.

    5 Port of Melbourne Corporation (1) Section 141B(3) of the Transport Integration

    Act 2010 is repealed.

    (2) Section 141B(4) of the Transport Integration Act 2010 is repealed.

    s. 3

    See: Act No. 6/2010. Reprint No. 1 as at 1 September 2010 and amending Act Nos 13/2009, 6/2010, 54/2010, 65/2010 and 79/2010. LawToday: www. legislation. vic.gov.au

  • Part 2Amendment of Transport Integration Act 2010

    Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011

    No. 38 of 2011

    4 Authorised by the Chief Parliamentary Counsel

    6 Object of Port of Melbourne Corporation (1) In section 141D(1) of the Transport Integration

    Act 2010, for "PoMC ports" substitute "port of Melbourne".

    (2) In section 141D(2) of the Transport Integration Act 2010

    (a) in paragraph (a), for "PoMC ports are" substitute "port of Melbourne is";

    (b) in paragraphs (b) and (c), for "PoMC ports" (wherever occurring) substitute "port of Melbourne";

    (c) in paragraph (d), omit "and port of Hastings waters".

    7 Functions of Port of Melbourne Corporation (1) In section 141E(1) of the Transport Integration

    Act 2010

    (a) for "PoMC ports" (wherever occurring) substitute "port of Melbourne";

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