Maritime Services (Access) Act 2000

A person who wants a regulated service (the proponent) may make a written proposal to a regulated operator setting out proposed terms and conditions for the provision of the maritime service.

A proposal may provide for—

the modification of port facilities on land occupied by the operator for the purpose of providing the relevant service; or

the establishment of additional port facilities on land occupied by the operator for the purpose of providing the relevant service.

If the operator requires, a proponent must provide further information about the proponent's proposal that the operator reasonably requires in order to give the information for which the proponent has asked.

The operator must, within one month after the relevant day—

give written notice of the proposal to—

the

any person (an affected third party) whose rights would be affected by implementation of the proposal;

notify the proponent of the name and address of any affected third party and give the proponent a preliminary indication about—

whether the operator is prepared to provide the regulated service sought in the proposal and, if so, on what terms and conditions; and

if some alteration of, or addition to, existing facilities would be necessary to provide the services, whether the operator would agree to the alteration or addition and, if so, on what terms.

The

Notice of an access proposal may be given to affected third parties by publishing a notice in a newspaper circulating generally in the

the name of the proponent and an address at which the proponent may be contacted; and

the name of the operator and an address at which the operator may be contacted; and

the general nature of the access proposal.

A regulated operator may recover the reasonable costs of giving notice under this section, as a debt, from the proponent.