Victorian Current Acts

PORT MANAGEMENT ACT 1995 - SECT 83

In this Part—

S. 83 def. of authorised person amended by Nos 65/2010 s. 419(4) (as amended by No. 78/2011 s. 43), 73/2013 s. 99(a), 37/2014 s. 10(Sch. item 128.2), 26/2018 s. 97(3), 19/2018 s. 248, 39/2018 s. 51(1).

"authorised person" means a person—

        (a)     acting under a certificate of authorisation under section 88G; or

        (b)     who is a police officer, acting in the course of his or her duties as such a police officer; or

        (c)     who is—

              (i)     an employee in the public service within the meaning of the Public Administration Act 2004 ; or

              (ii)     an officer or employee of a public body—

who is performing duties or functions under this Act, the Marine and Coastal Act 2018 , the Conservation, Forests and Lands Act 1987 , the Crown Land (Reserves) Act 1978 , the  Dangerous Goods Act 1985 , the Emergency Management Act 1986 or the Emergency Management Act 2013 , the Environment Protection Act 2017 , the Fisheries Act 1995 , the  Flora and Fauna Guarantee Act 1988 , the Land Act 1958 , the Marine Safety Act 2010 , the National Parks Act 1975 , the Occupational Health and Safety Act 2004 , the Parks Victoria Act 2018 , the Planning and Environment Act 1987 , the Pollution of Waters by Oil and Noxious Substances Act 1986 or the Water Act 1989 or any regulations made under any one of those Acts;

S. 83 def. of port waters amended by Nos 45/2010 s. 37, 19/2022 s. 52(a).

"port waters", in relation to Ports Victoria, means any waters in respect of which Ports Victoria has functions under Division 3 of Part 6 of the Transport Integration Act 2010 ;

S. 83 def. of recom-mending authority amended by Nos 38/2011 s. 32, 10/2016 ss 131, 179(Sch.  1 item 7.23), 19/2022 s. 52(b).

"recommending authority"—

        (a)     in relation to an area, the declaration of which as a restricted access area is or may be recommended by Ports Victoria, means Ports Victoria; or

        (ab)     in relation to an area, the declaration of which as a restricted access area is or may be recommended by the port of Melbourne operator, means the port of Melbourne operator; or

    *     *     *     *     *

        (c)     in relation to an area, the declaration of which as a restricted access area is or may be recommended by the Port of Hastings Development Authority, means the Port of Hastings Development Authority;

"restricted access area declaration" means a declaration made under section 84 (whether or not amended under Division 2).

Division 2—Declaration of areas

New s. 84 inserted by No. 63/2007 s. 14.