Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of abandoned thing inserted by No. 93/2009 s. 10.
"abandoned thing" means a thing to which Division 4 of Part 5B applies;
S. 3(1) def. of anchorage inserted by No. 10/2016 s. 94(2).
"anchorage" means a place in port waters where vessels may anchor;
S. 3(1) def. of board repealed by No. 45/2010 s. 26(a).
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"cargo" includes any substance or article and any container or other item used to contain any substance or article;
S. 3(1) def. of Central Plan Office inserted by No. 110/2004 s. 58(a), amended by No. 70/2013 s. 4(Sch. 2 item 38.1), repealed by No. 53/2017 s. 89.
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S. 3(1) def. of channel substituted by No. 65/2010 s. 418(a).
"channel" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
S. 3(1) def. of channel-dredging activities inserted by No. 10/2016 s. 94(2).
"channel-dredging activities" means any of the following activities to enable use of a channel by vessels—
(a) altering, dredging, cleansing, scouring, straightening and improving a channel;
(b) reducing or removing any banks or shoals within a channel;
(c) abating and removing any impediments, obstructions and nuisances in a channel that are injurious to the seabed or that obstruct or tend to obstruct navigation;
(d) placing or disposing of excavated or dredged material resulting from the carrying out of an activity referred to in paragraph (a), (b) or (c);
(e) undertaking any works necessary to place or dispose of excavated or dredged material resulting from the carrying out of an activity referred to in paragraph (a), (b) or (c);
S. 3(1) def. of channel fee inserted by No. 63/2007 s. 4(1).
"channel fee" means a fee under section 75;
S. 3(1) def. of channel operator substituted by No. 23/2003 s. 18(b), amended by Nos 85/2003 s. 30(1)(a), 45/2010 s. 26(b), 38/2011 s. 22(1), 10/2016 s. 179(Sch. 1 item 7.1(b)), 19/2022 s. 34(1)(a).
"channel operator" means—
(a) in the case of port of Melbourne waters, Ports Victoria;
(b) in the case of any other port waters, a person who manages channels in those waters under an agreement with Ports Victoria;
S. 3(1) def. of coastal vested land amended by No. 26/2018 s. 97(1).
"coastal vested land" means—
(a) in relation to PGA, Crown land—
(i) that is vested in PGA and that was so vested by or under the Port of Geelong Authority Act 1958 ; and
(ii) that is marine and coastal Crown land within the meaning of the Marine and Coastal Act 2018 ;
(b) in relation to PPA, Crown land—
(i) that is vested in PPA and that was so vested by or under the Port of Portland Authority Act 1958 ; and
(ii) that is marine and coastal Crown land within the meaning of the Marine and Coastal Act 2018 —
but does not include any land vested in PGA or PPA that is declared by Order in Council under section 5(4) not to be coastal vested land for the purposes of this Act;
S. 3(1) def. of commercial trading port inserted by No. 85/2003 s. 28(a).
"commercial trading port" means the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings and any other port declared to be a commercial trading port by Order in Council under section 6 ;
development includes—
(a) the construction, extension, demolition or removal of a building or works;
(b) the decoration or alteration of the inside or outside of a building or the alteration of works;
(c) the subdivision or consolidation of land, airspace or buildings;
(d) the installation, provision or operation of facilities or services;
S. 3(1) def. of Director of Marine Safety inserted by No. 23/2003 s. 18(a), substituted as Director, Transport Safety by No. 6/2010 s. 203(1)(Sch. 6 item 36.1(a)) (as amended by No. 45/2010 s. 22), repealed by No. 34/2023 s. 127(Sch. 1 item 9.1(a)).
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S. 3(1) def. of domestic partner inserted by No. 63/2007 s. 4(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 48.1).
"domestic partner "of a person means—
(a) a person who is in a registered relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 14.1).
"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 14.1).
"film permit" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of former SEC inserted by No. 11/2024 s. 104(c).
"former SEC" has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958 ;
S. 3(1) def. of harbour master substituted by No. 9/2004 s. 26, amended by No. 65/2010 s. 418(b).
"harbour master" has the same meaning as in the Marine Safety Act 2010 ;
S. 3(1) def. of harbour master licence inserted by No. 19/2022 s. 34(2).
"harbour master licence" has the same meaning as in the Marine Safety Act 2010 ;
S. 3(1) def. of hazardous port activity inserted by No. 93/2009 s. 10, amended by No. 54/2012 s. 12.
"hazardous port activity" means any activity involving the following—
(a) the transfer of dry or liquid cargoes to and from vessels or wharves;
(ab) the transfer of liquid fuel or other non‑cargo liquids by flexible hose to and from vessels or wharves;
(b) hot works, being welding, thermal or oxygen cutting or heating or any other heat producing or spark producing activity;
S. 3(1) def. of HPHC inserted by No.
63/1997
s. 3, repealed by No. 85/2003 s. 29(a).
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instrument includes a document and an oral agreement;
S. 3(1) def. of leased port of Melbourne land inserted by No. 10/2016 s. 94(2).
"leased port of Melbourne land" means port of Melbourne land in respect of which the port of Melbourne operator holds a leasehold interest;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
S. 3(1) def. of licensed harbour master amended by Nos 77/2001 s. 32(4)(a)(i), 6/2010 s. 203(1)(Sch. 6 item 36.1(b)) (as amended by No. 45/2010 s. 22), 65/2010 s. 418(b), 34/2023 s. 127(Sch. 1 item 9.1(b)).
licensed harbour master means a harbour master licensed by Safe Transport Victoria under the Marine Safety Act 2010 ;
S. 3(1) def. of local port inserted by No. 85/2003 s. 28(a).
"local port" means a port declared to be a local port by Order in Council under section 6;
S. 3(1) def. of managed land repealed by No. 23/2003 s. 3(b).
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S. 3(1) def. of management plan inserted by No. 85/2003 s. 27.
"management plan" means a safety management plan or an environment management plan required by section 91C;
S. 3(1) def. of Marine Board repealed by No. 77/2001 s. 32(4)(a)(ii).
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S. 3(1) def. of Melbourne port area repealed by No. 23/2003 s. 3(b).
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S. 3(1) def. of member of the police force inserted by No. 63/2007 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 128.1(b)).
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S. 3(1) def. of MPC repealed by No. 23/2003 s. 3(b).
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S. 3(1) def. of navigation aid substituted by No. 65/2010 s. 418(c).
"navigation aid" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
"owner", in relation to a vessel or cargo, means owner within the meaning of section 4;
S. 3(1) def. of partner inserted by No. 63/2007 s. 4(1).
"partner" of a person means the person's spouse or domestic partner;
"PGA" means Port of Geelong Authority;
S. 3(1) def. of PMA repealed by No. 23/2003 s. 3(b).
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S. 3(1) def. of POHC inserted by No. 85/2003 s. 29(b), repealed by No. 45/2010 s. 26(a).
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S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 128.1(a)).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of port inserted by No. 85/2003 s. 28(a).
"port" means the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings and any other port declared under section 6 in relation to which port lands or port waters or both port lands and port waters have been declared under section 5;
S. 3(1) def. of Port Act inserted by
No. 63/1997
s. 3.
"Port Act" means the Port of Geelong Authority Act 1958 , the Port of Melbourne Authority Act 1958 or the Port of Portland Authority Act 1958 ;
"port authority" means Port of Melbourne Authority, Port of Geelong Authority or Port of Portland Authority;
S. 3(1) def. of port authority abolition date inserted by No. 63/1997
s. 3.
"port authority abolition date", in relation to a port authority, means the date fixed by the Governor in Council by Order under section 153(2) for the purposes of that port authority;
S. 3(1) def. of port corporation amended by Nos 51/1996 s. 4, 63/1997
ss 5(1), 6(1), 23/2003 s. 3(c), 85/2003 ss 29(c), 30(1)(b), 45/2010
s. 26(c), 38/2011 s. 22(2), 10/2016 s. 179(Sch. 1
item 7.1(c)). 19/2022 s. 34(1)(b).
port corporation means Port of Hastings Development Authority or Ports Victoria;
S. 3(1) def. of port land amended by No. 23/2003 s. 3(d).
port land means—
(a) in the case of the port of Melbourne, the port of Melbourne land;
(b) in the cases of the port of Geelong, Portland or Hastings, the land declared by Order in Council made under section 5(1) to be the port land of that port;
S. 3(1) def. of port licence inserted by No. 10/2016 s. 94(2).
"port licence" means a licence granted under Division 5 of Part 3;
S. 3(1) def. of port licence fee inserted by No. 8/2012 s. 4, substituted by No. 10/2016 s. 94(1)(a).
"port licence fee" means the fee payable by the port licence holder under Part 2B;
S. 3(1) def. of port licence holder inserted by No. 10/2016 s. 94(2).
"port licence holder" means the holder of a port licence;
S. 3(1) def. of port manager inserted by No. 85/2003 s. 28(a).
"port manager" means—
(a) in the case of a commercial trading port, the person or body who effectively manages, superintends or controls the operation of the port or part of the port, but does not include a tenant or occupier of part of the port unless the tenant or occupier has entered into a port management agreement to manage the operations of that part of the port; or
(b) in the case of a local port, the person or body appointed under section 44A to be the port manager of the port;
S. 3(1) def. of port of Hastings inserted by No. 45/2010 s. 26(f).
"port of Hastings" means port of Hastings land and port of Hastings waters;
S. 3(1) def. of Port of Hastings Development Authority inserted by No. 38/2011 s. 22(3).
"Port of Hastings Development Authority" has the same meaning as in the Transport Integration Act 2010 ;
S. 3(1) def. of port of Hastings land inserted by No. 45/2010 s. 26(f).
"port of Hastings land" means land declared by Order in Council under section 5(1) of the Port Management Act 1995 to be the port land of the port of Hastings;
S. 3(1) def. of port of Hastings waters inserted by No. 45/2010 s. 26(f).
"port of Hastings waters" means waters declared by Order in Council under section 5(2) of the Port Management Act 1995 to be the port waters of the port of Hastings;
S. 3(1) def. of port of Melbourne inserted by No. 23/2003 s. 3(a), amended by No. 23/2003 s. 18(c).
"port of Melbourne" means port of Melbourne land and port of Melbourne waters;
S. 3(1) def. of Port of Melbourne Corporation inserted by No. 23/2003 s. 3(a), substituted by No. 45/2010 s. 26(d), repealed by No. 10/2016 s. 179(Sch. 1 item 7.1(d)).
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S. 3(1) def. of port of Melbourne land inserted by No. 23/2003 s. 3(a), amended by Nos 110/2004 s. 58(b), 10/2016 s. 94(1)(b).
"port of Melbourne land" means land that is in the municipal district of the Melbourne City Council, Maribyrnong City Council, Hobsons Bay City Council or Port Phillip City Council or any land in Port Phillip Bay adjoining one or more of those municipal districts, being—
(a) land—
(i) an interest in which (being an interest that is in the nature of a freehold or leasehold interest or a licence) is held by a public sector entity or the port of Melbourne operator; and
(ii) that is declared by the Order in Council under section 5(1A) to be port of Melbourne land; and
(b) any land that is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 for the purposes of the port of Melbourne by the operation of Part 4;
S. 3(1) def. of port of Melbourne operator inserted by No. 10/2016 s. 94(2).
"port of Melbourne operator" means a person declared under section 4A to be the port of Melbourne operator;
S. 3(1) def. of port of Melbourne waters inserted by No. 23/2003 s. 18(a), substituted by No. 85/2003 s. 4.
port of Melbourne waters means any waters which by Order in Council made under section 5(2) are declared to be port waters of the port of Melbourne;
port operator means a person who owns the business of, or is responsible for the management and operations of, the port of Geelong, Portland or Hastings or a berth located in one of those ports but does not include a port authority;
S. 3(1) def. of port property
inserted by No. 63/1997
s. 3, amended by No. 11/2024 s. 104(a).
"port property", in relation to the former SEC, has the same meaning as in section 85(3) of the Former SEC (Residual Provisions) Act 1958 ;
S. 3(1) def. of port safety officer inserted by No. 93/2009 s. 10.
"port safety officer", in relation to the port of Melbourne, means a person appointed under section 230L of the Transport Act 1983 ;
S. 3(1) def. of port waters amended by No. 23/2003 s. 18(d), substituted by No. 85/2003 s. 28(b).
"port waters", in relation to a port, means the waters declared by Order in Council under section 5(2) to be port waters of the port;
S. 3(1) def. of Ports Victoria inserted by No. 19/2022 s. 34(1)(d).
"Ports Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
PPA means Port of Portland Authority;
"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
S. 3(1) def. of provision of channels inserted by No. 10/2016 s. 94(2).
"provision of channels" includes carrying out channel-dredging activities;
S. 3(1) def. of public entity inserted by No. 10/2016 s. 94(2).
"public entity" has the same meaning as in the Public Administration Act 2004 ;
S. 3(1) def. of public sector entity inserted by No. 10/2016 s. 94(2).
public sector entity has the same meaning as in the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 ;
S. 3(1) def. of quarter inserted by No. 8/2012 s. 4.
"quarter" means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June in any year;
S. 3(1) def. of restricted access area inserted by No. 63/2007 s. 4(1).
"restricted access area" means an area that is the subject of a declaration under Division 2 of Part 5A;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
S. 3(1) def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 9.1(c)).
"Safe Transport Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
S. 3(1) def. of SEC inserted by
No. 63/1997
s. 3, repealed by No. 11/2024 s. 104(b).
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S. 3(1) def. of Secretary inserted by No. 93/2009 s. 10, amended by Nos 70/2013 s. 4(Sch. 2 item 38.2), 49/2019 s. 186(Sch. 4 item 34.1).
"Secretary" means the Department Head, within the meaning of the Public Administration Act 2004 , of the Department of Transport;
S. 3(1) def. of spouse inserted by No. 63/2007 s. 4(1).
"spouse" of a person means a person to whom the person is married;
S. 3(1) def. of Station Pier land inserted by No. 110/2004 s. 58(a).
"Station Pier land" means the land shown outlined in black on the plan lodged in the Central Plan Office and numbered OP 119746—A;
stevedoring means the loading or unloading of the cargo of a vessel and incidental activities such as the handling or storage of cargo or stevedoring equipment at the place at which the cargo is loaded or unloaded;
S. 3(1) def. of VCA substituted by No. 85/2003 s. 30(1)(c).
"VCA" means the Victorian Channels Authority as in force immediately before the commencement of section 10 of the Port Services (Port Management Reform) Act 2003 ;
S. 3(1) def. of Victorian Ports Corporation (Melbourne) inserted by No. 10/2016 s. 179(Sch. 1 item 7.1(a)), repealed by No. 19/2022 s. 34(1)(c).
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S. 3(1) def. of VRCA inserted by No. 85/2003 s. 30(1)(c), substituted by No. 45/2010 s. 26(e), repealed by No. 19/2022 s. 34(1)(c).
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S. 3(1) def. of vessel substituted by No. 65/2010 s. 418(d).
"vessel" has the same meaning as it has in section 3(1) of the Marine Safety Act 2010 ;
S. 3(1) def. of wharfage fee inserted by No. 63/2007 s. 4(1).
"wharfage fee" means a fee under section 74;
works includes—
(a) any change to the natural or existing condition or topography of land;
(b) the removal of vegetation or topsoil;
(c) land reclamation and land decontamination;
(d) the construction, demolition or substantial alteration of any structure in or on land;
(e) dredging.
S. 3(2) inserted by No. 63/2007 s. 4(2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 48.2).
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 3A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 10) (as amended by No. 45/2010 s. 5).