Northern Territory Numbered Acts

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PORTS MANAGEMENT ACT 2015 (NO 11 OF 2015) - SECT 67

Technical and safety standards

    (1)     The pilotage authority for a pilotage area must, by written notice, make technical and safety standards for pilotage, and the provision of pilotage services, in that area.

    (2)     In making technical and safety standards the pilotage authority must have regard to:

    (a)     any Marine Order made under the Navigation Act 2012 (Cth) and order made under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth); and

    (b)     any other relevant law of the Territory or the Commonwealth.

    (3)     As soon as practicable after making technical and safety standards, the pilotage authority must:

    (a)     notify the making of the standards by Gazette notice; and

    (b)     publish the standards on the Internet and in any other way decided by the pilotage authority; and

    (c)     give a copy of the standards to:

        (i)     the port operator of any designated port within which the pilotage area is situated; and

        (ii)     any pilotage services provider for the pilotage area.

    (4)     The Gazette notice under subsection (3)(a) must specify the date on which the standards take effect, which may be the day on which the notice is published or any later date specified in the notice.

    (5)     A person must not contravene a standard made under subsection (1) when conducting pilotage, or providing pilotage services, in the pilotage area to which the standard applies.

Maximum penalty:     200 penalty units.

    (6)     An offence against subsection (5) is an offence of strict liability.

    (7)     It is a defence to a prosecution for an offence against subsection (5) if the defendant has a reasonable excuse.

3

Part 12 gives the regional harbourmaster for a designated port step-in rights in certain circumstances.



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