Port operating agreements
28B Port operating agreements
A
port operating agreement is an agreement providing for the control and management of the port to which the agreement relates by the person (the port operator) to whom the control and management of the port is assigned under the agreement.
A port operating agreement—
must require the port operator to have appropriate resources (including appropriate contingency plans and trained staff and equipment to carry the plans into action) to deal with emergencies; and
must require the port operator—
to maintain the waters of the port to a specified navigable standard;
and
to provide or maintain (or provide and maintain) navigational aids; and
to direct and control vessel movement in port waters; and
may require the port operator to enter into and maintain in operation an agreement with the Royal Australian Navy about access to the port and port facilities by naval vessels; and
may require the port operator to provide access to the port and port facilities for commercial fishing vessels on specified terms and conditions; and
may require the port operator to maintain and make available navigational charts and other information relating to the port; and
may regulate the performance of statutory powers by the port operator;
and
may provide for the payment of an annual fee to the Minister (fixed by the Minister having regard to the cost of providing government supervision of the activities conducted under the agreement); and
may deal with any other matter relevant to the control and management of the port.
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