Victorian Numbered Acts
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DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE
TRANSACTION) ACT 2016 (NO. 10 OF 2016)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Meaning of port assets
5. Meaning of transfer
6. Words and expressions defined in Corporations Act
7. Associated assets
8. Functions for the purposes of an authorised transaction
9. Act to bind the Crown
10. Extraterritorial operation of Act
PART 2--AUTHORISED TRANSACTIONS
Division 1--Transfer of port assets
11. Authorised transfer of port assets
12. Proceeds of transaction
Division 2--The Victorian Transport Fund
13. Victorian Transport Fund
14. Payments into the Fund
15. Payments out of the Fund
16. Delegation of power to authorise payments
PART 3--FACILITATING AUTHORISED TRANSACTIONS
Division 1--Premier's functions
17. Premier's functions
18. Manner of effecting authorised transaction
Division 2--Functions of the Port Corporation
19. Additional functions of the Port Corporation
20. Direction and control of the Port Corporation
21. Immunity of directors and officers of the Port Corporation
Division 3--Transaction entities
22. Establishment of statutory corporations as transaction entities
23. Establishment of companies as transaction entities
24. Designation of subsidiary company of the Port Corporation as transaction entity
25. Transaction entity does not represent the State
26. Functions of transaction entities
27. Direction and control of transaction entities
28. Immunity of directors and officers of transaction entity
PART 4--ARRANGEMENTS FOR TRANSFER OF PORT ASSETS
Division 1--Transfer orders
29. Making of transfer orders
30. Vesting of assets, rights and liabilities in transferee
31. Terms and conditions of transfer order
32. Consideration for vesting
33. Transfer subject to encumbrances
34. Substitution of party to agreement
35. Transfer of interests in land
36. Transfer of rights and interests in vehicles and recreational vessels
37. Confirmation of vesting
38. Determinations by Premier
39. Amendment of Land Titles Register
40. Amendment of VicRoads vehicles register
41. Evidence
Division 2--Grant of relevant authorisations
42. Grant of relevant authorisations
PART 5--ARRANGEMENTS RELATING TO TRANSFER OF PORT CORPORATION STAFF
43. Definitions
44. Meaning of employment guarantee period
45. Designation of a private sector employer
46. Temporary transfers (secondments)
47. Transfers to private sector employment of Port Corporation executive employees
48. Limitation on changes to terms and conditions of transferred employees
49. Continuity of entitlements of transferred employees
PART 6--CROWN LAND FOR THE PURPOSES OF AUTHORISED TRANSACTIONS
Division 1--Application of Part
50. Land Acts and certain land provisions do not apply
Division 2--Removal of reservations on land
51. Revocation of reservations
52. Revocation of reservations—part of reservation
53. Effect of revocation of reservation
54. Preservation of leases and licences
Division 3--Leasing and licensing of Crown land
55. Grant of lease or licence of Crown land for the purposes of an authorised transaction
PART 7--GENERAL
Division 1--General matters relating to authorised transactions
56. Severance of fixtures
57. Protection of contractual and other obligations
58. Compensation not payable
59. Port of Melbourne leases
Division 2--Compensation payments under authorised transaction related agreements or deeds
60. Definitions
61. Meaning of Port Growth Regime payment provision
62. Meaning of Port Growth Regime waiver provision
63. Relevant legislation for the purposes of the Essential Services Commission Act 2001
64. Ministerial guidelines about capacity expansion proposals
65. Compensation not payable or capped in certain cases
66. Approval of material increases in capacity for the handling of international containers at the port of Melbourne
67. Application
68. Application for certification
69. Decision on certification by Commission
70. Inquiries for the purposes of decisions on certification
71. Draft report to be provided to applicant
72. Least cost capacity expansion principles Order
73. When a least cost capacity expansion principles Order takes effect
74. Limitation on amending or revoking a least cost capacity expansion principles Order
75. Circumstances in which a least cost capacity expansion principles Order may be amended
76. Circumstances in which a least cost capacity expansion principles Order may be wholly revoked
Division 3--Operation of other laws
77. Excluded matter for Corporations Act
78. State taxes and fees
79. Application of Borrowing and Investment Powers Act 1987
80. Operation of Public Administration Act 2004
81. Operation of State Owned Enterprises Act 1992
82. Operation of Transport Integration Act 2010
83. No land tax is payable
84. Rates under Local Government Act 1989
85. Inconsistency with prescribed legislation
Division 4--Miscellaneous
86. Delegation
87. Orders
Division 5--Regulations
88. Regulations
PART 8--TRANSACTION-RELATED AMENDMENTS
Division 1--Amendment of Transport Integration Act 2010
89. Definition
90. Object of Port of Melbourne Corporation
91. Functions of Port of Melbourne Corporation
92. New section 141EA inserted
93. Dredging by Port of Melbourne Corporation
Division 2--Amendment of Port Management Act 1995
94. Definitions
95. Owner of vessel or cargo
96. New section 4A inserted
97. Accountability for damage
98. Liability of certain persons
99. New section 44H substituted and new sections 44HAA and 44HA inserted
100. Notice of annual licence fee
101. Method of payment of annual licence fee
102. New sections 44M and 44N inserted
103. Definitions
104. Application of Part
105. New section 48 substituted and new section 48A inserted
106. Price regulation—prescribed services
107. New Division 2 of Part 3 inserted
108. New Divisions 2A to 2D of Part 3 inserted
109. New Division 3 heading substituted
110. New section 53 substituted
111. General power to make determinations
112. New Division heading inserted
113. New section 54A inserted
114. Standards and conditions of service and supply
115. New Division heading inserted
116. Division 5 of Part 3 substituted
117. New Division 6 of Part 3 inserted
118. Towage requirements determination
119. Process for making a towage requirements determination
120. Determination of towage conditions
121. Limitation on making towage conditions determinations
122. Process for making towage conditions determination
123. New sections 74AA and 74AB inserted
124. Wharfage fees—port of Melbourne
125. Channel fees
126. Payment of wharfage and channel fees
127. Interest on overdue payments
128. Security for payment of wharfage and channel fees
129. Liability of current owners and agents
130. Waiver or refund of wharfage or channel fees
131. Definitions for the purposes of Part 5A
132. Making a declaration of restricted access area
133. Effect of declaration
134. Pollution abatement by Port of Melbourne Corporation
135. New section 88JA inserted
136. Recovery of costs of clean up by Port of Melbourne Corporation
137. New section 88KA inserted
138. Hazardous port activity notice
139. New section 88P substituted
140. Removal of things
141. Powers when moving things
142. Requirement to make enquiries as to owner of thing
143. Disposal of thing
144. Recovery of costs
145. Payment of compensation
146. Proceeds of disposal where owner not located
147. New Part 5C inserted
148. New section 91BA inserted
149. Port manager's responsibilities for management plans
150. Safety and environment management plans
151. Audits of compliance
152. Ministerial directions
153. Reporting
154. Definitions for the purposes of Part 6B
155. Port Development Strategy
156. New Part 6C inserted
157. Regulations
Division 3--Amendment of Marine Safety Act 2010
158. Definitions
159. Principle of shared responsibility
160. New Part 2.2A inserted
161. New section 200 substituted
162. Offence to fail to comply with standard determined under this Part
163. New Part 5.2A inserted
164. Provision or maintenance of navigation aids by Safety Director
165. Recovery of costs
166. Acquisition of land
Division 4--Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988
167. Definitions
Division 5--Amendment of Essential Services Commission Act 2001
168. Definitions
169. Order declaring a regulated industry
170. Right of appeal
171. Appeal panel
Division 6--Amendment of Land Act 1958
172. Definitions for the purposes of Part XII
173. Crown property in beds and banks of certain watercourses
Division 7--Repeal of amending Part
174. Repeal of amending Part
PART 9--PORT OF MELBOURNE CORPORATION NAME CHANGE AMENDMENTS
Division 1--Amendment of Transport Integration Act 2010
175. Definitions
176. Division heading substituted
177. Port of Melbourne Corporation name change to Victorian Ports Corporation (Melbourne)
Division 2--Consequential amendments
178. Reference to Port of Melbourne Corporation
179. Consequential amendments
Division 3--Repeal of amending Part and Schedule 1
180. Repeal of amending Part and Schedule 1
SCHEDULE 1
ENDNOTES
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