Victorian Numbered Acts

DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 (NO. 10 OF 2016) - SECT 60

In this Division—

"anchorage" has the same meaning as in the Port Management Act 1995 ;

"capacity expansion proposal" means a proposal for a port or terminal capacity expansion;

"Commission" means the Essential Services Commission established under the Essential Services Commission Act 2001 ;

Dedicated Channels has the meaning given by  section 45 of the Port Management Act   1995 ;

"ESC Minister" means the Minister administering Part 2 of the Essential Services Commission Act 2001 ;

"existing port or terminal capacity" means—

        (a)     infrastructure at the port of Melbourne, as at the commencement of this section, used to handle international containers; and

        (b)     infrastructure constructed at the port of Melbourne to handle international containers as part of the development declared in the nomination order under the Project Development and Construction Management Act 1994 , dated 4 September 2012 and published in the Government Gazette on 7 September 2012;

"handling", in relation to a container, includes loading, unloading, transporting or storing;

"least cost capacity expansion principles Order" means an Order made under section 72;

Port Growth Regime payment provision has the meaning given by section 61;

Port Growth Regime waiver provision has the meaning given by section 62;

"port lessee" means a lessee under a port of Melbourne lease;

port of Melbourne land has the same meaning as in the Port Management Act 1995 ;

"port of Melbourne lease" has the same meaning as in section 59 ;

"port of Melbourne operator" has the same meaning as in the Port Management Act 1995 ;

"port or terminal capacity expansion" means an expansion in the capacity of infrastructure, or development of new infrastructure, at the port of Melbourne to handle international containers;

"Ports Minister" means the Minister administering Part 6B of the Port Management Act 1995 ;

"provision of channels" has the same meaning as in the Port Management Act 1995 ;

"relevant services" means any of the following—

        (a)     the provision of channels (except anchorages) for use by shipping in port of Melbourne waters, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong and the Dedicated Channels used by vessels bound for the port of Melbourne;

        (b)     the provision of berths, buoys or dolphins in connection with the berthing of vessels in the port of Melbourne;

        (c)     the provision of short-term storage or cargo marshalling facilities in connection with the loading or unloading of vessels at berths, buoys or dolphins in the port of Melbourne;

        (d)     the provision of access to, or allowing the use of, places or infrastructure (including wharves, slipways, gangways, roads and rail infrastructure) on port of Melbourne land for the provision of services to port users;

Examples

Tanker, wharf and water inspection services, and security services, are kinds of services that are provided to port users on port of Melbourne land.

"Shared Channels" has the same meaning as in  section 45 of the Port Management Act   1995 ;

"State sponsored port" has the same meaning as in section 49R of the Port Management Act   1995 ;

"vessel" has the same meaning as in the Marine Safety Act 2010 .