Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PORTS MANAGEMENT ACT 2015 - SECT 15

Power to require information to be given

    (1)     The port operator of a designated port may, by written direction (an information direction ), require any of the following to give to the port operator relevant information that is in their possession or under their control:

        (a)     the master of any vessel that is in the port area;

        (b)     a shipping agent for goods shipped to, from or within the port area;

        (c)     a consignor or consignee of goods shipped to, from or within the port area;

        (d)     an operator of stevedoring, pilotage or other facilities or services within the port area.

    (2)     Information is relevant information if it is information that the port operator reasonably requires for any of the following purposes:

        (a)     monitoring compliance with port notices;

        (b)     determining liability for and the amount of, and facilitating the collection of, charges fixed under section 108 ;

        (c)     compiling statistics that the port operator is authorised or required to compile, whether by law or a port operating agreement;

        (d)     monitoring or preventing damage to the environment caused by conduct within the port area;

        (e)     monitoring, maintaining or improving the safe, secure and efficient operation of the port, including the movement, handling and storage of dangerous goods within the port area;

        (f)     coordinating port communications;

        (g)     any purpose prescribed by regulation for this paragraph.

    (3)     An information direction must allow a reasonable period (not being less than 14 days) for compliance with the direction.

    (4)     Subsection (3) does not apply to an information direction that is given in response to an emergency or in order to avert or minimise an imminent threat of:

        (a)     death, or serious injury, to any person; or

        (b)     loss of, or serious damage to, property; or

        (c)     material harm to the environment.

    (5)     An information direction mentioned in subsection (4) must be complied with as soon as possible.

    (6)     In this section:

"port area", for a designated port, means the area of water and land constituting the port and any wharf adjacent to the waters of the port.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback