Transport Infrastructure Act 1994

Port facilities—

of a port authority, means the facilities or land that are—

owned or controlled by—

the port authority; or

if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and

used in the operation or strategic management of the port authority’s port; or

of a port entity other than a port authority, means the facilities or land that are—

owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and

used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port.

For subsection (1)(b), a lease or licence of land or facilities granted, or other provision for the use of or access to land or facilities made, by a port entity other than a port authority for the benefit of a person is to be disregarded.

Port facilities for a port entity other than a port authority also include land or facilities prescribed by regulation to be port facilities.

Port facilities for a port entity other than a port authority do not include land or facilities prescribed by regulation not to be port facilities.