New South Wales Consolidated Regulations

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PORTS AND MARITIME ADMINISTRATION REGULATION 2021

- Made under the Ports and Maritime Administration Act 1995
- As at 16 December 2022
- Reg 444 of 2021

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - PORT CHARGES--THE ACT, PART 5

           Division 1 - Preliminary

   4.      Preliminary
   5.      General principles for calculation of charges

           Division 2 - Information required for calculation of charges

   6.      Navigation service charges
   7.      Pilotage charges
   8.      Port cargo access charges
   9.      Site occupation charges
   10.     Wharfage charges
   11.     Manifest for goods discharged from vessel
   12.     Manifest for goods loaded on vessel
   13.     Berthing charges

           Division 3 - Exemptions

   14.     Exemption from navigation service charges--the Act, s 50(2)

   PART 3 - COMMUTER WHARVES AND CHARTER WHARVES--THE ACT, S 85G

           Division 1 - Commuter wharf permits

   15.     Preliminary
   16.     Application for commuter wharf permit
   17.     Issue of commuter wharf permit
   18.     Refusal to issue commuter wharf permit
   19.     Commuter wharf permit conditions
   20.     Variation of commuter wharf permit
   21.     Suspension or cancellation of commuter wharf permit
   22.     TfNSW to be notified of changes in particulars of commuter wharf permit
   23.     Production of commuter wharf permit
   24.     Replacement commuter wharf permit

           Division 2 - Charter wharves

   25.     Charter wharf booking system

   PART 4 - MOORING LICENCES--THE ACT, SS 85B AND 85G

           Division 1 - Mooring licences

   26.     Application for mooring licence
   27.     Issue of mooring licence
   28.     Refusal to issue mooring licence
   29.     Mooring licence conditions
   30.     Variation of mooring licence
   31.     Suspension or cancellation of mooring licence
   32.     Transfer of mooring licence
   33.     TfNSW to be notified of proposed changes in particulars of mooring licence
   34.     TfNSW to be notified of sale or absence of vessel
   35.     Replacement mooring licence

           Division 2 - Miscellaneous

   36.     Directions by authorised officers
   37.     General exemptions
   38.     TfNSW may exempt persons and vessels

   PART 5 - TRAFFIC CONTROL AT PORTS AND WHARVES--THE ACT, S110(1A)

   39.     Application of Part
   40.     Powers of authorised officers
   41.     Parking of vehicles
   42.     False representations

   PART 6 - PORT BOTANY LANDSIDE IMPROVEMENT STRATEGY--THE ACT, S 10B AND SCHEDULE 4

           Division 1 - Preliminary

   43.     Definitions
   44.     Mandatory standards
   45.     Requirement for industry consultation before setting mandatory standards
   46.     Minister's directions

           Division 2 - Booking and gate procedures

   47.     Booking systems and procedures
   48.     Minimum duration of time zones for bookings
   49.     Minimum number of slots for bookings
   50.     Minimum booking period before start of time zone
   51.     Gate requirements

           Division 3 - Operational performance of carriers

   52.     Information to be provided by carriers
   53.     Cancellation of bookings by carriers
   54.     Penalty for truck arriving early or late for booking
   55.     Penalty for non-service caused by fault of carrier or driver

           Division 4 - Operational performance of stevedores

   56.     Truck turnaround times
   57.     Failure or refusal to perform truck servicing
   58.     Cancellation of bookings
   59.     Cancellation of time zones

           Division 5 - Confidentiality of information

   60.     Making a claim for confidentiality of information
   61.     Disclosure of confidential information

           Division 6 - General

   62.     Regulation of charges
   63.     Invoicing and payment of financial penalties
   64.     Compliance auditing
   65.     Keeping of records and provision of information by carriers, stevedores and stevedore service providers

   PART 7 - MANAGEMENT OF DANGEROUS GOODS--THE ACT, S 110(2)

           Division 1 - Preliminary

   66.     Definitions
   67.     Application of Part
   68.     Relationship with Commonwealth law
   69.     Exemptions from requirements of Part
   70.     Guidelines and directions for handling of dangerous goods
   71.     Obligations of owners of ships to their masters
   72.     Cessation of transitional work health and safety regulations

           Division 2 - Notice of dangerous goods

   73.     Advance notice of dangerous goods
   74.     Notice of dangerous goods incidents

           Division 3 - Bringing dangerous goods into ports

   75.     Prohibited dangerous goods
   76.     Port entry approvals
   77.     Port entry requirements
   78.     Master of ship must have port entry approval

           Division 4 - Handling dangerous goods generally

   79.     Separation and segregation requirements
   80.     Remedying dangerous goods incidents
   81.     Work or bunkering on ships carrying dangerous goods

           Division 5 - Handling explosives

   82.     Persons responsible for handling explosives
   83.     Maximum NEQs must not be exceeded
   84.     Requirements for responsible explosives handlers generally
   85.     Requirements for masters of ships--general
   86.     Requirements for masters of ships--procedures
   87.     Requirements for port facility operators

           Division 6 - Handling radioactive goods

   88.     Requirements for responsible consignors or agents
   89.     Requirements for port facility operators

           Division 7 - Handling restricted chemicals

   90.     Quantity limits for restricted chemicals
   91.     Requirements for responsible consignors or agents
   92.     Requirements for masters of ships--general
   93.     Requirements for masters of ships--fire
   94.     Requirements for port facility operators--general
   95.     Requirements for port facility operators--loading and unloading
   96.     Requirements for port facility operators--fire
   97.     Requirements for port facility operators--ammonium nitrate fertiliser

           Division 8 - Handling bulk dangerous goods

   98.     Requirements for responsible consignors or agents
   99.     Requirements for masters of ships
   100.    Requirements for port facility operators

           Division 9 - Miscellaneous

   101.    Port facility time limits
   102.    Obligations for port facility time limits
   103.    Notice to remove dangerous goods from port facility
   104.    False or misleading information
   105.    Defence for consignors of dangerous goods

   PART 8 - MISCELLANEOUS

   106.    Port boundaries
   107.    Information from Australian Maritime Safety Authority
   108.    Keeping of records and provision of information by empty container storage facility operators--the Act, s 10B and Sch 4, clause 1
   109.    Maritime Advisory Council--the Act, s 34
   110.    Disturbance of bed of port--the Act, s 43E
   111.    Delegation of Minister's functions
   112.    Service of documents
   113.    Savings
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           Dictionary


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