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Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011

No. 78 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENT OF MARINE SAFETY ACT 2010 3

3 Definitions 34 Amendment of Part 2.5 45 Masters of recreational vessels must take reasonable care 46 Persons participating in the operation of a recreational vessel

must take reasonable care 57 Safety Director may cancel or suspend registration of a vessel 58 Amendment of Part 3.2 heading 59 General marine licence 510 Restricted marine licence 611 Licence endorsement 612 Offence to operate or cause or allow commercially operated

vessel to be operated without a safe construction certificate 613 Application for safe construction certificate 614 Issue of safe construction certificate by the Safety Director 715 Offence to operate or cause or allow commercially operated

vehicle to be operated without a safe operation certificate 716 Application for a safe operation certificate 717 Issue of safe operation certificate by the Safety Director 818 Declaration in relation to waters requiring local knowledge

certificates for navigation in those waters 819 Application for local knowledge certificates 820 Detention of unsafe vessels 821 Dangerous operation of a recreational vessel, government

vessel or hire and drive vessel 922 Part 4.1 definition 923 Repeal of Part 4.4 924 When Safety Director may take disciplinary action against

person holding a permission 9

1

25 Disciplinary actions that may be taken by Safety Director against a person holding a permission 10

26 Requests for waterway rules 1027 General provisions relating to harbour master directions 1028 New Division 3 of Part 8.1 inserted 10

Division 3—Accreditation 10

271A Definition 10271B Offence to provide prescribed service unless accredited 11271C Offence to breach condition of accreditation 11271D Application for accreditation 11271E Guidelines in relation to competence and capacity 11271F Accreditation 12

29 Disclosure of information 1230 General regulation-making powers 1231 Registered vessels—Amendment of transitional provision 1332 Requests for cancellation of personal watercraft endorsements 1333 Waterway rules 1334 Certificates of competency 1335 Consequential amendment of definitions 1336 New sections 389A to 389D inserted 14

389A Effect of certain infringements 14389B Extension of time to object if no actual notice 16389C Suspension of operator licence for drink-operator

infringements 17389D Application of the Infringements Act 2006 to certain

offences 1837 Repeal of various Parts and provisions 1938 Amendment of consequential amendments 1939 Statute law revision 1940 Amendment of section 228S—Definitions 1941 New section 417A inserted 20

417A Amendment of section 228ZZPA—Transport safety infringements 20

42 Schedule 2—Subject matter for regulations 2143 Statute law revision 22

PART 3—AMENDMENT OF MARINE ACT 1988 23

44 Definitions 2345 Removal of pollution 2346 Functions of the Director 2347 New Division 1A in Part 8 inserted 24

Division 1A—Functions and powers of the Secretary 24

71A Functions of the Secretary 2471B Powers of the Secretary 24

48 Amendment of Schedule 4—Particular powers of the Director 2549 Statute law revision 25

PART 4—AMENDMENT OF PORT MANAGEMENT ACT 1995 26

50 Price regulation 2651 General power to make determinations 2652 Repeal of Division 4 of Part 3 2653 Repeal of section 73R 27

PART 5—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010 28

54 Functions of Director, Transport Safety 28

PART 6—REPEAL OF AMENDING ACT 29

55 Repeal of amending Act 29═══════════════

ENDNOTES 30

Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011†

No. 78 of 2011

[Assented to 13 December 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Marine Safety Act 2010 and the Marine Act 1988 to further provide for safe marine operations; and

Victoria

1

(b) to amend the Port Management Act 1995 to make further provision for the management of ports; and

(c) to amend the Marine Safety Act 2010 to enable the enforcement of offences against the Marine Safety Act 2010, the Marine Act 1988 and the Port Management Act 1995 by transport safety infringement notice; and

(d) to make consequential amendments to the Transport Integration Act 2010.

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 before 1 October 2012, it comes into operation on that day.

__________________

s. 2 Section Page

2

PART 2—AMENDMENT OF MARINE SAFETY ACT 2010

3 Definitionss. 3

See:Act No.65/2010and amendingAct Nos65/2010, 29/2011 and 38/2011.Statute Book:www.legislation.vic.gov.au

(1) In section 3(1) of the Marine Safety Act 2010—

(a) insert the following definition—

"accreditation means an accreditation granted under section 271F;";

(b) in the definition of certificate of competency, after "section 78" insert "or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 78";

(c) the definition of marine infringement is repealed;

(d) in the definition of safe construction certificate, after "section 65" insert "or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 65";

(e) in the definition of safe operation certificate, after "section 70" insert "or a certificate or other authority recognised by the Safety Director, in accordance with the regulations, as an equivalent to a certificate issued under section 70".

Part 6—Repeal of amending Act


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(2) In section 3(1) of the Marine Safety Act 2010—

(a) for the definition of permission substitute—

"permission means any of the following—

(a) a marine licence;

(b) an endorsement on a marine licence;

(c) a harbour master licence;

(d) a pilot licence;

(e) a pilot exemption;

(f) a safe construction certificate;

(g) a safe operation certificate;

(h) a certificate of competency;

(i) an endorsement on a certificate of competency;

(j) a local knowledge certificate;

(k) registration as a pilotage services provider under Chapter 7;

(l) registration of a vessel;

(m) an accreditation;";

(b) in the definition of vessel after paragraph (e) insert—

"(ea) a thing prescribed to be a vessel; and".

4 Amendment of Part 2.5

In the heading to Part 2.5 of the Marine Safety Act 2010, after "VESSEL" insert "AND HIRE AND DRIVE VESSEL".

5 Masters of recreational vessels must take reasonable care

s. 4Part 6—Repeal of amending Act


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(1) In the heading to section 31 of the Marine Safety Act 2010, after "vessels" insert "or hire and drive vessels".

(2) In section 31 of the Marine Safety Act 2010, after "recreational vessel" (wherever occurring) insert "or hire and drive vessel".

6 Persons participating in the operation of a recreational vessel must take reasonable care

(1) In the heading to section 32 of the Marine Safety Act 2010, after "vessel" insert "or hire and drive vessel".

(2) In section 32 of the Marine Safety Act 2010, after "recreational vessel" (wherever occurring) insert "or hire and drive vessel".

7 Safety Director may cancel or suspend registration of a vessel

In section 43(1) of the Marine Safety Act 2010—

(a) in paragraph (c), for "vessel." substitute "vessel; or";

(b) after paragraph (c) insert—

"(d) the vessel is exempted from registration by the regulations.".

8 Amendment of Part 3.2 heading

In the heading to Part 3.2 of the Marine Safety Act 2010 after "VESSELS" insert "AND HIRE AND DRIVE VESSELS".

9 General marine licence

(1) In section 53(1)(c) of the Marine Safety Act 2010, before "vary" insert "impose conditions or".



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(2) In section 53(2)(a)(i) of the Marine Safety Act 2010, after "training" insert "of a prescribed type".

(3) In section 53(3) of the Marine Safety Act 2010 omit "recreational".

10 Restricted marine licence

(1) In section 54(1)(c) of the Marine Safety Act 2010, before "vary" insert "impose conditions or".

(2) In section 54(2)(a)(i) of the Marine Safety Act 2010, after "training" insert "of a prescribed type".

(3) In section 54(3) of the Marine Safety Act 2010 omit "recreational".

11 Licence endorsement

In section 55(5)(a)(ii) of the Marine Safety Act 2010, for "training about" substitute "training of a prescribed type that relates to".

12 Offence to operate or cause or allow commercially operated vessel to be operated without a safe construction certificate

For the penalty at the foot of section 62(2) of the Marine Safety Act 2010 substitute—

"Penalty: 120 penalty units.".

13 Application for safe construction certificate

For section 64(1) of the Marine Safety Act 2010 substitute—

"(1) A person may, in accordance with the regulations, apply to the Safety Director for a



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safe construction certificate in respect of a commercially operated vessel or a fleet of commercially operated vessels.".

14 Issue of safe construction certificate by the Safety Director


"(1) Subject to subsection (2), the Safety Director may issue a safe construction certificate in respect of a commercially operated vessel or a fleet of commercially operated vessels to a person who has made an application under section 64.".

15 Offence to operate or cause or allow commercially operated vehicle to be operated without a safe operation certificate

For the penalty at the foot of section 67(2) of the Marine Safety Act 2010 substitute—

"Penalty: 120 penalty units.".

16 Application for a safe operation certificate

For section 69(1) and (2) of the Marine Safety Act 2010 substitute—

"(1) A person may, in accordance with the regulations, apply to the Safety Director for a safe operation certificate in respect of a commercially operated vessel or a fleet of commercially operated vessels.



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(2) A person may, in accordance with the regulations, apply to the Safety Director for approval to use a commercially operated vessel or a fleet of commercially operated vessels for recreational purposes if—

(a) the person has made an application under subsection (1); or

(b) the person has been issued with a safe operation certificate under section 70.".

17 Issue of safe operation certificate by the Safety Director

(1) For section 70(1) and (2) of the Marine Safety Act 2010 substitute—

"(1) Subject to subsection (2), the Safety Director may issue a safe operation certificate in respect of a commercially operated vessel or a fleet of commercially operated vessels to a person who has made an application under section 69.

(2) The Safety Director must not issue a safe operation certificate to a person in respect of a commercially operated vessel or fleet of commercially operated vessels unless the Safety Director is satisfied that the person has the competence and capacity to operate the vessel or fleet safely.".

(2) In section 70(6) of the Marine Safety Act 2010, for "the owner" substitute "a person".

18 Declaration in relation to waters requiring local knowledge certificates for navigation in those waters

In section 81 of the Marine Safety Act 2010, for "a vessel" substitute "types or classes of vessel specified in the notice".

19 Application for local knowledge certificates



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In section 82(1) of the Marine Safety Act 2010, after "issue of a" insert "local knowledge".

20 Detention of unsafe vessels

In section 85(3)(e) of the Marine Safety Act 2010, after "vessel" insert "(if their identity and whereabouts are known to the Safety Director)".

21 Dangerous operation of a recreational vessel, government vessel or hire and drive vessel

In section 87(3) and (4) of the Marine Safety Act 2010, after "not operate" insert ", or cause or allow a person to operate,".

22 Part 4.1 definition

In section 103(1) of the Marine Safety Act 2010, for the definition of relevant offence substitute—

"relevant offence means—

(a) an offence against section 87(1);

(b) an offence against section 58(1), 77A(1), 81(2) or 81(6) of the Wildlife Act 1975;

(c) an offence against regulation 7(1), 7(3), 7(4), 7(5), 7(6), 7(7), 9(1), 9(2), 9(3), 9(4), 9(5) or 14(1) of the Wildlife (Marine Mammals) Regulations 2009;".

23 Repeal of Part 4.4

Part 4.4 of the Marine Safety Act 2010 is repealed.

24 When Safety Director may take disciplinary action against person holding a permission

(1) For section 165(1)(d) of the Marine Safety Act 2010 substitute—



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"(d) the person has acted incompetently, negligently or has engaged in misconduct relating to the safe navigation, management or working of a vessel; or".

(2) In section 165(3)(b) of the Marine Safety Act 2010, for "marine infringement" substitute "transport safety infringement within the meaning of the Transport (Compliance and Miscellaneous) Act 1983".

25 Disciplinary actions that may be taken by Safety Director against a person holding a permission


(a) in paragraph (f), for "person." substitute "person;";

(b) after paragraph (f) insert—

"(g) if the permission is a certificate or authority recognised by the Safety Director as an equivalent to a certificate issued under this Act, withdraw recognition of that certificate or authority.".

26 Requests for waterway rules

In section 194(3)(b)(v)(C) of the Marine Safety Act 2010, for "that address" substitute "in addressing".

27 General provisions relating to harbour master directions

In section 234(2) of the Marine Safety Act 2010, for "item 26" substitute "item 24".

28 New Division 3 of Part 8.1 inserted

After Division 2 of Part 8.1 of the Marine Safety Act 2010 insert—



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"Division 3—Accreditation

271A Definition

In this Division—

prescribed service means a service prescribed for the purposes of this Division.

271B Offence to provide prescribed service unless accredited

A person must not provide a prescribed service unless that person is accredited under this Division.

Penalty: 60 penalty units.

271C Offence to breach condition of accreditation

A person must not breach the conditions of an accreditation granted to that person.

Penalty: 60 penalty units.

271D Application for accreditation

(1) A person may apply to the Safety Director for accreditation to provide a prescribed service.

(2) An application under subsection (1) must—

(a) be in writing; and

(b) specify the name, address and contact details of the applicant; and

(c) be accompanied by—

(i) evidence of the competence and capacity of the applicant to provide the prescribed service; and



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(ii) the prescribed fee.

271E Guidelines in relation to competence and capacity

(1) The Safety Director must issue guidelines specifying how an applicant may demonstrate that the applicant has the competence and capacity to provide a prescribed service.

(2) Guidelines issued under this section must be published on the Safety Director's Internet site.

271F Accreditation

(1) Subject to subsection (2), the Safety Director may grant an accreditation to provide a prescribed service to a person who has made an application under section 271D.

(2) The Safety Director must not grant an accreditation to a person to provide a prescribed service unless the Safety Director is satisfied that the person has the competence and capacity to provide the prescribed service.

(3) An accreditation granted under this section may be subject to conditions—

(a) imposed by the Safety Director;

(b) prescribed by the regulations.".

29 Disclosure of information


(a) for "information, in accordance with the regulations (if any)" substitute "information";

(b) before paragraph (a) insert—



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"(aa) in connection with the administration of this Act or the regulations; or".

30 General regulation-making powers

(1) In section 309(1)(b) of the Marine Safety Act 2010, for "or issuing" substitute ", issuing or transferring".

(2) In section 309(1)(c) of the Marine Safety Act 2010, for "or issuing" substitute ", issuing or transferring".

(3) In section 309(1)(j) of the Marine Safety Act 2010, after "recreational vessels" insert ", government vessels and hire and drive vessels".

(4) After section 309(1)(l) of the Marine Safety Act 2010 insert—

"(la) services that may be prescribed for the purposes of Division 3 of Part 8.1;".

31 Registered vessels—Amendment of transitional provision

In section 320 of the Marine Safety Act 2010, after "Part 3.1" insert "until registration of that vessel is transferred to another person".

32 Requests for cancellation of personal watercraft endorsements

In section 335(1)(a) of the Marine Safety Act 2010, after "watercraft endorsement" insert "under".

33 Waterway rules

In section 342 of the Marine Safety Act 2010, after "15(1)" insert "or (2)".

34 Certificates of competency

In section 360 of the Marine Safety Act 2010, for "80" substitute "78".



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35 Consequential amendment of definitions

(1) In section 377(1)(a) of the Marine Safety Act 2010—

(a) omit "channel operator,";

(b) omit "local port,";

(c) omit "port,";

(d) omit "port of Melbourne, Port of Melbourne Corporation,";

(e) omit "port waters,";

(f) for "vessel, Uniform Shipping Laws Code and Victorian Regional Channels Authority" substitute "vessel and Uniform Shipping Laws Code".

(2) For section 377(1)(e) of the Marine Safety Act 2010 substitute—

'(e) insert the following definitions—

"marine incident has the same meaning as it has in the Marine Safety Act 2010;

marine licence has the same meaning as it has in the Marine Safety Act 2010;

registered recreational vessel has the same meaning as it has in the Marine Safety Act 2010;

transport safety infringement has the same meaning as it has in section 228S of the Transport (Compliance and Miscellaneous) Act 1983;".'.

36 New sections 389A to 389D inserted

After section 389 of the Marine Safety Act 2010 insert—

'389A Effect of certain infringements



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(1) Insert the following heading to section 61A of the Marine Act 1988—

"61A Effect of certain transport safety infringements".

(2) In section 61A(2) of the Marine Act 1988—

(a) for "an infringement notice" substitute "a transport safety infringement notice";

(b) for "the infringement notice" substitute "the transport safety infringement notice".

(3) In section 61A(3) of the Marine Act 1988, for "an infringement notice" substitute "a transport safety infringement notice".

(4) In section 61A(4) of the Marine Act 1988, for "infringement notice" (wherever occurring) substitute "transport safety infringement notice".



(7) In section 61A(7) of the Marine Act 1988—




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(b) for "a marine infringement of a kind that is prescribed for the purposes of this Part" substitute "a transport safety infringement of a kind that is prescribed for the purposes of Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983";

(c) in paragraph (a)—

(i) for "infringement notice" substitute "transport safety infringement notice";

(ii) for "the infringement were" substitute "the transport safety infringement were";

(d) in paragraph (b), for "infringement notice" substitute "transport safety infringement notice".

(8) In section 61A(8) of the Marine Act 1988, for "marine infringement notice" substitute "transport safety infringement notice".

(9) In section 61A(9) of the Marine Act 1988, for "infringement" substitute "transport safety infringement".

389B Extension of time to object if no actual notice

(1) In section 61B(1) of the Marine Act 1988, for "marine infringement notice" substitute "transport safety infringement notice".

(2) In section 61B(2) of the Marine Act 1988, for "infringement notice" substitute "transport safety infringement notice".



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(3) In section 61B(3) of the Marine Act 1988, for "infringement notice" (wherever occurring) substitute "transport safety infringement notice".

(4) In section 61B(3A) of the Marine Act 1988—


(b) for "an operator licence" substitute "a marine licence";

(c) for "infringement notice" (where secondly and thirdly occurring) substitute "transport safety infringement notice".

389C Suspension of operator licence for drink-operator infringements

(1) Insert the following heading to section 61BA of the Marine Act 1988—

"61BA Suspension of marine licence for drink-operator transport safety infringements".

(2) In section 61BA(1) of the Marine Act 1988—

(a) in paragraph (a)—

(i) for "marine infringement notice" substitute "transport safety infringement notice";

(ii) for "regulated recreational vessel" substitute "registered recreational vessel";

(b) in paragraph (b), for "infringement notice" (wherever occurring) substitute "transport safety infringement notice";



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(c) in paragraph (c), for "an operator licence" substitute "a marine licence";

(d) in paragraph (d), for "an operator licence" substitute "a marine licence".

(3) In section 61BA(2) of the Marine Act 1988—

(a) for "marine infringement notice" substitute "transport safety infringement notice";

(b) for "regulated recreational vessel" substitute "registered recreational vessel";

(c) in paragraph (a), for "operator licence" substitute "marine licence";

(d) in paragraph (b), for "infringement notice" substitute "transport safety infringement notice";

(e) for "an operator licence" substitute "a marine licence".

(4) In section 61BA(4) of the Marine Act 1988, for "operator licence" (wherever occurring) substitute "marine licence".

(5) In section 61BA(6) of the Marine Act 1988, for "an infringement notice" substitute "a transport safety infringement notice".

(6) In section 61BA(7) of the Marine Act 1988, for "operator licence" substitute "marine licence".

389D Application of the Infringements Act 2006 to certain offences



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In section 61C of the Marine Act 1988, for "marine infringement notice" substitute "transport safety infringement notice".'.

37 Repeal of various Parts and provisions

After section 390(2) of the Marine Safety Act 2010 insert—

"(3) Part 7A of the Marine Act 1988 is repealed.".

38 Amendment of consequential amendments

(1) For section 391(3) of the Marine Safety Act 2010 substitute—

"(3) Section 65 of the Marine Act 1988 is repealed.".

(2) Section 391(4) of the Marine Safety Act 2010 is repealed.

39 Statute law revision

For section 396(1)(a) of the Marine Safety Act 2010 substitute—

'(a) in the heading to the section, after "matters" insert "or marine safety matters";'.

40 Amendment of section 228S—Definitions

(1) For section 397(1) of the Marine Safety Act 2010 substitute—

'(1) In section 228S(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert the following definitions—

s. 36s. 37Part 6—Repeal of amending Act


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"commercial marine duty holder means a person to whom sections 24 to 30 of the Marine Safety Act 2010 apply;

marine or port law means—

(a) a provision of the Marine Safety Act 2010 or any regulations made under that Act;

(b) a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act;

(c) a provision of regulations made under the Port Management Act 1995;

marine premises means—

(a) the building or facilities used in connection with the undertaking of marine operations; and

(b) land on which vessels are stored but does not include land used for residential purposes;".'.

(2) After section 397(3) of the Marine Safety Act 2010 insert—

'(4) In section 228S(1) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of transport safety infringement law, after paragraph (b) insert—

"(c) a marine or port law;".'.

41 New section 417A inserted

After section 417 of the Marine Safety Act 2010 insert—



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'417A Amendment of section 228ZZPA—Transport safety infringements

(1) After section 228ZZPA(1) of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"(1A) A member of the police force who has reason to believe that a person has committed a transport safety infringement in relation to a marine or port law may serve a transport safety infringement notice on that person.".

(2) In section 228ZZPA(2) of the Transport (Compliance and Miscellaneous) Act 1983 after "subsection (1)" insert "or (1A)".

(3) After section 228ZZPA(3) of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"(4) Despite section 32(3) of the Infringements Act 2006, if the transport safety infringement notice was served in relation to a marine or port law by a transport safety officer who is a staff member of a Council within the meaning of the Local Government Act 1989, the infringement penalty paid under Part 2 of the Infringements Act 2006 must be paid into the municipal fund of that Council.".'.

42 Schedule 2—Subject matter for regulations

(1) In item 18 in Schedule 2 to the Marine Safety Act 2010 for "for vessels undergoing sea trials" substitute "from the requirement to hold safe construction and safe operation certificates".



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(2) In item 20 in Schedule 2 to the Marine Safety Act 2010, after "must be" insert "carried or".

(3) After item 20 in Schedule 2 to the Marine Safety Act 2010 insert—

"20A. The safety equipment that must be carried in vessels.".



(6) In item 34 in Schedule 2 to the Marine Safety Act 2010, after "identification numbers," insert "identification marks,".

(7) In item 42 in Schedule 2 to the Marine Safety Act 2010, for "811" substitute "268".

(8) After item 81 in Schedule 2 to the Marine Safety Act 2010 insert—

"81A. Requirements to be met by applicants for a marine licence or endorsement.".

(9) In item 92 of Schedule 2 to the Marine Safety Act 2010, after "Commonwealth" (where secondly occurring) insert "or a recognised Classification Society (that is a member of the International Association of Classification Societies recognised by the Australian Maritime Safety Authority)".



'(4) In section 83 of the Port Management Act 1995, in paragraph (c) of the definition of authorised person, for "Marine Act 1988" substitute "Marine Safety Act 2010".



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(4A) In section 88A(2) of the Port Management Act 1995, for "Marine Act 1988" (wherever occurring) substitute "Marine Safety Act 2010".'.

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PART 3—AMENDMENT OF MARINE ACT 1988

44 Definitionss. 44

See:Act No.52/1998.Reprint No. 8as at1 January 2011and amendingAct Nos65/2010, 74/2010 and 38/2011.LawToday:www.legislation.vic.gov.au

In section 3(1) of the Marine Act 1988—

(a) insert the following definitions—

"Department means the Department of Transport;

Secretary means the Secretary to the Department;";

(b) for the definition of vessel substitute—

"vessel has the same meaning as it has in the Marine Safety Act 2010;".

45 Removal of pollution

(1) In section 38(3) of the Marine Act 1988—

(a) after "occurs" (wherever occurring) insert "or is likely to occur";

(b) in paragraph (c), omit "used in a transfer operation".

(2) In section 38(4) of the Marine Act 1988 omit "the Director or".

46 Functions of the Director



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In section 65 of the Marine Act 1988, paragraphs (ce), (cf) and (jb) are repealed.

47 New Division 1A in Part 8 inserted

(1) After Division 1 of Part 8 of the Marine Act 1988 insert—

"Division 1A—Functions and powers of the Secretary

71A Functions of the Secretary

(1) The functions of the Secretary are—

(a) to advise the Minister on the operation and administration of marine pollution legislation; and

(b) to ensure adequate means exist in ports to enable an effective response to marine pollution incidents within ports; and

(c) to take action to deal with marine pollution incidents occurring in State waters that are not port waters; and

(d) after consultation with the Environment Protection Authority, to develop, review, co-ordinate and administer the Victorian Marine Pollution Contingency Plan.



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(2) Without derogating from any other functions or powers of the Secretary under any other Act, the Secretary may do all things that are necessary or convenient to enable him or her to carry out his or her functions under this Act, including the powers specified in section 71B.

71B Powers of the Secretary

(1) The Secretary may direct a specified person or body to participate in the Victorian Marine Pollution Contingency Plan by providing and maintaining equipment, training personnel and responding to marine pollution incidents as directed by the Secretary.

(2) In this section—

specified person or body means—

(a) port management bodies, local port managers, waterway managers, channel operators, port operators (as defined in the Port Management Act 1995), committees of management of Crown land within designated ports, oil terminal operators and chemical terminal operators; and

(b) any other person or body, or person or body who is a member of a class of person or body, specified in an Order made by the Governor in Council for the purposes of this section and published in the Government Gazette.".

48 Amendment of Schedule 4—Particular powers of the Director



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In Schedule 4 to the Marine Act 1988, the heading preceding item 22, and item 22, are repealed.


In the heading to section 126 of the Marine Act 1988, for "Magistrate's Court" substitute "Magistrates' Court".

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PART 4—AMENDMENT OF PORT MANAGEMENT ACT 1995

50 Price regulations. 50

See:Act No.82/1995.Reprint No. 5as at31 July 2009and amendingAct Nos82/1995, 69/2009, 93/2009, 6/2010, 45/2010, 65/2010, 74/2010 and 38/2011.LawToday:www.legislation.vic.gov.au

For section 49(c) of the Port Management Act 1995 substitute—

"(c) the following are prescribed services—

(i) the provision of channels for use by shipping in port of Melbourne waters, including the Shared Channels used by ships bound either for the port of Melbourne or for the port of Geelong;

(ii) the provision of berths, buoys or dolphins in connection with the berthing of vessels carrying container or motor vehicle cargoes in the port of Melbourne;

(iii) the provision of short term storage or cargo marshalling facilities in connection with the loading or unloading of vessels carrying container or motor vehicle cargoes at berths, buoys or dolphins in the port of Melbourne.".

51 General power to make determinations

After section 54(2) of the Port Management Act 1995 insert—



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"(3) The Commission must not make a determination under this section in relation to prescribed services unless it has the approval of the Minister administering this Act to do so.".

52 Repeal of Division 4 of Part 3

Division 4 of Part 3 of the Port Management Act 1995 is repealed.

53 Repeal of section 73R

Section 73R of the Port Management Act 1995 is repealed.

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PART 5—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010

54 Functions of Director, Transport Safetys. 54

See:Act No.6/2010.Reprint No. 1as at1 September 2010and amendingAct Nos13/2009, 6/2010, 54/2010, 65/2010, 79/2010, 34/2011, 35/2011, 38/2011 and 49/2011.LawToday:www.legislation.vic.gov.au

Section 173(1)(b)(vi) of the Transport Integration Act 2010 is repealed.

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PART 6—REPEAL OF AMENDING ACT

55 Repeal of amending Act

This Act is repealed on 1 October 2013.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 8 November 2011

Legislative Council: 24 November 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Marine Safety Act 2010, the Marine Act 1988, the Port Management Act 1995 and the Transport Integration Act 2010 and for other purposes."

Transport Legislation Amendment (Marine Safety and …FILE/11-078a.docx · Web viewPage....

Documents

Transcript of Transport Legislation Amendment (Marine Safety and …FILE/11-078a.docx · Web viewPage....