Northern Territory Numbered Acts Northern Territory Numbered Acts(1) The Minister may revoke the declaration of an entity as a port operator of a designated port on the ground that a circumstance set out in subsection (2) exists in relation to the entity.
(2) The circumstances are that:
(a) the entity has, in the opinion of the Minister, engaged in conduct that:
(i) is in breach of any requirement or duty imposed on the entity under a law of the Territory or a port operating agreement; and
(ii) has materially compromised, or is likely to materially compromise, the safety of people, property or the environment at the designated port; or
(b) a port operating agreement for the port to which the entity is a party has been terminated or has expired.
(3) However, for a circumstance mentioned in subsection (2)(a), the Minister may only exercise the power conferred by subsection (1) if:
(a) the Minister has given a written notice to the entity that:
(i) sets out particulars of the conduct; and
(ii) requires the entity to give a remedial plan to the Minister within a reasonable period specified in the notice (not being less than 21 days); and
(b) the entity:
(i) has failed to give a remedial plan within the specified period; or
(ii) has given a remedial plan within that period but the Minister is not satisfied that the plan is adequate for the purpose; or
(iii) has given a remedial plan within that period but has failed to comply with the plan with the result that the circumstance mentioned in subsection (2)(a), in the opinion of the Minister, continues to exist or exists again.
(4) For subsection (3), a remedial plan in relation to conduct is a plan that sets out:
(a) when and how the conduct will cease; and
(b) to the extent that any breach mentioned in subsection (2)(a)(i) is capable of being remedied, when and how it will be remedied; and
(c) the measures that will be implemented by the entity to prevent the conduct occurring in the future.