Accountability for damage
23 Accountability for damage
S. 23(1) substituted by No. 51/1996 s. 6(1), amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(1)(c), 19/2022 s. 37.
A person who by any act done or omitted to be done on port land or port waters (including an act that causes an obstruction to navigation in port waters)—
causes damage to—
S. 23(1)(a)(i) amended by Nos 85/2003 s. 30(2), 19/2022 s. 37.
any property (whether real or personal) of Ports Victoria or of a channel operator (being property used by the channel operator in connection with the exercise of its function as channel operator); or
S. 23(1)(a)(ia) inserted by No. 10/2016 s. 97(1)(a).
any property (whether real or personal) of the port of Melbourne operator (being property used by the port of Melbourne operator in connection with the provision of channels by it); or
S. 23(1)(a)(ii) amended by Nos 85/2003 s. 30(2), 19/2022 s. 37.
any building, works, infrastructure or facilities erected, established, installed, provided, managed or maintained by Ports Victoria or a channel operator under or for the purposes of this Act; or
S. 23(1)(b) amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(1)(b), 19/2022 s. 37.
causes Ports Victoria, a channel operator as channel operator or the port of Melbourne operator to suffer economic loss—
is liable to pay damages to Ports Victoria, the channel operator or the port of Melbourne operator (as the case requires) in respect of that damage or loss.
S. 23(2) substituted by No. 51/1996 s. 6(1), amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(2), 19/2022 s. 37.
If damage or loss of a kind referred to in subsection (1) is caused by a vessel or by any person employed in or about the vessel, the owner, master and agent of the vessel, or any of them, is liable to pay damages to Ports Victoria, the channel operator or the port of Melbourne operator in respect of that damage or loss and that liability exists despite the fact—
that the damage or loss was caused by act of God or inevitable accident or otherwise without negligence or wrongful act or omission on the part of any person; or
that the vessel was under compulsory pilotage.
S. 23(2A) inserted by No. 51/1996 s. 6(1), amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(3), 19/2022 s. 37.
Ports Victoria, a channel operator or the port of Melbourne operator may recover any damages to which it is entitled under subsection (1) or (2) in any court of competent jurisdiction.
S. 23(3) amended by Nos 51/1996 s. 6(2)(a)(b), 85/2003 s. 30(2), 10/2016 s. 97(3), 19/2022 s. 37.
Nothing in this section prejudices any other rights which Ports Victoria, a channel operator or the port of Melbourne operator may have, or limits any liabilities to which a vessel or its master, owner or agent may be subject, in respect of any damage or loss caused by the vessel.
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