Port Management Act 1995

Subject to this Part—

Ports Victoria may determine fees for—

the provision of channels by Ports Victoria in the port waters of Ports Victoria for use by vessels, not being channels in the port waters of a channel operator; and

any service related to the provision of the service described in subparagraph (i); and

a channel operator may determine fees for—

the provision of channels by the channel operator in the port waters of the channel operator for use by vessels; and

any service related to the provision of the service described in subparagraph (i); and

the port of Melbourne operator may determine fees for—

the provision of channels (other than anchorages) by the port of Melbourne operator in port of Melbourne waters for use by vessels; and

any service related to the provision of the service described in subparagraph (i).

A fee determined under subsection (1)—

may be calculated by reference to the tonnage of a vessel or in any other manner; and

may differ according the nature of any vessel or any cargo on any vessel; and

may differ according to the length of time vessels are in—

if the fee is determined by Ports Victoria or the channel operator, the port waters of a port serviced by Ports Victoria or the channel operator (as the case requires); and

if the fee is determined by the port of Melbourne operator, port of Melbourne waters.

A fee determined by the port of Melbourne operator as provided under subsection (2) is subject to Part 3.

Subject to subsection (3A), a fee determined under subsection (1) is payable by the person or persons specified in the determination, who must be one or more of the following—

the owner of any vessel that has used, is using or proposes to use the channel;

the person who, immediately after any cargo is unloaded from a vessel that has used the channel, is the owner of the cargo;

the person who, immediately before cargo is loaded onto a vessel that proposes to use the channel, is the owner of the cargo.

A fee determined under subsection (1) by Ports Victoria (other than an anchorage fee) is not payable under subsection (3) unless the fee is an approved channel fee.

If a fee determined under subsection (1) is not paid by the person liable under the determination to pay it, that person and the person who is the owner of the cargo, at the time payment is demanded by Ports Victoria, the channel operator or the port of Melbourne operator (as the case requires), are jointly and severally liable for the payment of the fee.

Nothing in this section affects a fee payable for the services specified in subsection (1) in accordance with the terms of a contract.