Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A private port operator commits an offence if:
(a) the operator fails to prepare a draft access policy in accordance with this section; or
(b) the operator fails to give the draft to the Regulator by the date specified in, or calculated in accordance with, the regulations.
Maximum penalty: 500 penalty units.
(2) An access policy:
(a) must be in accordance with any requirements prescribed by regulation; and
(b) must contain any matter required by the Minister under section 129 ; and
(c) may consist of more than one document.
(3) Within 60 days after receiving a draft access policy, the Regulator must give the private port operator written notice of one of the following:
(a) that the Regulator approves the draft policy;
(b) that the Regulator does not approve the draft policy because it does not meet the requirements of subsection (2) and that the private port operator must amend the draft policy, as directed by the Regulator, so it meets those requirements.
(4) The Regulator must approve a draft access policy that meets the requirements of subsection (2).
(5) A private port operator who receives a notice mentioned in subsection (3)(b) must, within 30 days after the date of the notice, resubmit the draft access policy, amended as directed, to the Regulator, for approval under this section.
(6) A private port operator may amend a draft access policy that has not been approved and give it to the Regulator.
(7) Subsections (3), (4) and (5) apply to an amended draft access policy in the same way that they apply to the initial draft.
(8) If the Regulator fails to act in accordance with subsection (3) within the period of 60 days mentioned in that subsection, the draft access policy is taken to have been approved by the Regulator on the expiration of that period.
(9) On being approved, the policy is the access policy of the private port operator for this Division.
(10) If the private port operator wishes to amend its access policy after it has been approved, the port operator must:
(a) prepare a proposal for an amended access policy; and
(b) engage in consultations to ensure that port users are informed of the proposal; and
(c) prepare a new draft access policy that reflects the proposal.
(11) This section applies to the approval of the new draft access policy mentioned in subsection (10)(c) in the same way as it does to any other draft access policy, except:
(a) the private port operator must, when giving the new draft access policy to the Regulator, also give to the Regulator a written explanation of the reasons for the amendments in the proposal and a written summary of the comments received during the consultations on the proposal; and
(b) the Regulator must, when deciding whether to approve the new draft access policy, consider whether it is necessary for the operator to make the proposed amendments.
(12) A private port operator must comply with its access policy.
(13) To avoid doubt, if a private port operator gives a new draft access policy mentioned in subsection (10)(c) to the Regulator for approval, the operator must continue to comply with its existing access policy until an amended access policy is approved under subsection (3)(a).