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This Act may be cited as the Port Authorities Act 1999.
The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation.
In this Act, unless the contrary intention appears —
channel includes a swinging basin, turning circle, area alongside a jetty, fairway or anchorage;
control, when used in the sense of being in control of a vessel, means to be in charge or command of, or to have the management of, the vessel;
Crown land has the same meaning as it has in the Land Administration Act 1997;
damage includes alter, destroy or remove;
dangerous thing means —
a vessel or part of a vessel; or
a wreck and any cargo, fuel or other thing on or in it; or
any other thing,
that is likely to be a danger to navigation or to port facilities or harmful to the environment;
goods includes —
merchandise, wares, chattels and other articles, whether manufactured or of any other kind; and
minerals and mineral products; and
petroleum and hydrocarbon products; and
forestry and agricultural products; and
livestock;
GTE Act means the Government Trading Enterprises Act 2023;
harbour master means a person appointed under section 102 as the harbour master or acting harbour master of a port or authorised under that section to perform the harbour master’s functions;
jetty includes —
a pier, wharf, quay, grid, slipway, landing place, stage, platform or similar structure, whether fixed or floating, erected or placed, wholly or in part, in, on, over or alongside any waters; and
a ramp that is or may be used for the purpose of launching or landing a vessel,
but does not include a vessel;
management, in relation to staff, includes recruitment, selection, appointment, transfer, secondment, performance management, redeployment, discipline and termination of employment;
maritime structure means —
a jetty; or
a breakwater, groyne or seawall; or
a dredged channel; or
a boat pen or vessel mooring; or
a navigational aid; or
a pipeline in, over, under or discharging into navigable waters (but not a pipeline discharging material from a dredging vessel);
master includes a person, other than an approved pilot provided under section 96(5), having control of a vessel for the time being;
mooring includes anchoring and berthing;
movement, in relation to —
goods, includes loading and unloading;
passengers, includes boarding and going ashore;
navigational aid means an apparatus, device, mark or structure that —
is or is intended to be an aid to marine navigation; or
emits or transmits a light, sound, radio, electronic or other signal that is or is intended to be an aid to marine navigation;
owner, in relation to —
property of any kind, includes a person who is an owner jointly or in common with another person;
goods, includes a consignor, consignee, shipper or agent for sale or custody, loading or unloading of the goods concerned;
a vessel, includes a charterer of the vessel;
port means a port named in Schedule 1 or placed under the control and management of a port authority by regulations in accordance with Schedule 9 and the port or its port, in relation to a port authority, means —
the port that the port authority controls and manages; or
if the port authority controls and manages more than one port — each of those ports;
port activities has the meaning given by section 35;
port authority means a body established by section 4;
port charges has the meaning given by section 115 as affected by section 136(3);
port facilities means facilities provided for or in relation to port activities or the administration of the port and includes —
maritime structures and other buildings, structures and enclosures; and
railways; and
machinery, equipment, vessels, vehicles and aircraft;
port land means vested land, land acquired by a port authority or other land that becomes the property of a port authority under this Act;
port operations means —
the carrying out of port activities or port works; or
the provision of port services; or
the provision, management or operation of port facilities;
port property, in relation to a port authority, means —
port facilities; or
vested property; or
other property held by the port authority;
port security means all matters relating to —
the preservation and protection of —
port property; or
any other vessel, vehicle or other property within the port,
from damage, destruction or unlawful activity; and
the protection of people within the port from injury or unlawful activity;
port services has the meaning given by section 35;
port works has the meaning given by section 35;
potential supplier means —
a person who might become a supplier of port services; or
a person who might become a supplier of port services and, for that purpose, provide related port facilities;
vessel has the meaning given by subsections (2) and (3);
vested means vested in a port authority under this Act;
vested land includes vested seabed and vested water.
A reference in this Act to a vessel is a reference to a thing used, or capable of being used, in navigation by water, and includes a reference to —
an air‑cushion vehicle, seaplane or other similar craft; or
a barge, lighter or other floating structure used for commercial purposes other than a structure of a class or kind prescribed for the purposes of this paragraph.
A thing can be a vessel for the purposes of this Act —
no matter how it is moved or propelled; and
even if it is normally stationary.
[(4) deleted]
[Section 3 amended: No. 10 of 2001 s. 157; No. 74 of 2003 s. 93(2); No. 8 of 2009 s. 102(2) and (3); No. 46 of 2009 s. 17; No. 39 of 2010 s. 81(2); No. 9 of 2014 s. 4; No. 2 of 2019 s. 43; No. 13 of 2023 s. 219.]
The GTE Act is to be read with this Act as if they formed a single Act.
[Section 3A inserted: No. 13 of 2023 s. 220.]
There are to be the port authorities named in column 2 of Schedule 1.
A port authority named in column 2 of an item in Schedule 1 is to control and manage —
any port named in column 3 of that item; and
any port placed under the control and management of the port authority by regulations in accordance with Schedule 9.
A port authority is a body corporate with perpetual succession.
Proceedings may be taken by or against a port authority in its corporate name.
A port authority may use, and operate under, one or more trading names approved by the Minister.
A trading name can be —
an abbreviation or adaptation of the port authority’s corporate name; or
a name other than the port authority’s corporate name.
[Section 4 amended: No. 9 of 2014 s. 5.]
For the purposes of any law of the State, a port authority is to be regarded as not being an agent of the Crown and does not have the status, immunities and privileges of the Crown.
[Section 5 amended: No. 9 of 2014 s. 6.]
A port authority is not, and is not to become, a public sector body under the Public Sector Management Act 1994.
Neither the CEO nor any member of staff is to be included in the Senior Executive Service provided for by the Public Sector Management Act 1994.
In this section —
consultation committee means the committee established as required by subsection (2).
Without limiting the GTE Act section 26, the board of a port authority must establish a committee for each port for which it has the control and management for the purpose of promoting and facilitating communication, information sharing and consultation between the port authority and members of the public who are or may be affected by port operations.
A local government that has electors who are or may be affected by port operations at the port is to be represented on the consultation committee.
Minutes of the proceedings of the consultation committee are to be made available on the port authority’s website or in a prescribed manner.
Subsection (2) does not apply if the regulations exempt the port from the operation of this section.
[Section 14A inserted: No. 9 of 2014 s. 9; amended: No. 13 of 2023 s. 223.]
The power to engage and manage the staff of a port authority is vested in its board.
The power conferred by subsection (1) —
includes powers to determine remuneration and other terms and conditions of service of staff, to remove, suspend and discipline staff and to terminate the employment of staff; and
does not preclude the delegation of any matter under section 44.
The remuneration of and other terms and conditions of employment of staff are not to be less favourable than is provided for in —
an applicable award, order or agreement under the Industrial Relations Act 1979; or
the Minimum Conditions of Employment Act 1993.
There are excluded from the operation of sections 41, 41A and 43 of the Industrial Relations Act 1979 —
any matters dealt with by an instrument issued under section 17, except —
rates of remuneration; and
leave; and
hours of duty; and
matters that are similar to matters prescribed for the purposes of section 99(1)(a)(iv) of the Public Sector Management Act 1994;
and
matters concerning the management of the staff that are similar to matters prescribed for the purposes of section 99(1)(c) of the Public Sector Management Act 1994.
A matter referred to in subsection (4) cannot be varied or affected by an employer‑employee agreement made under Part VID of the Industrial Relations Act 1979.
[(5) deleted]
Nothing in this section other than subsection (4a) affects the operation of Part VID of the Industrial Relations Act 1979.
[Section 16 amended: No. 20 of 2002 s. 23; Gazette 15 Aug 2003 p. 3689.]
The board of a port authority must, after consultation with the Public Sector Commissioner, prepare and issue an instrument setting out minimum standards of merit, equity and probity applicable to the management of the staff of the port authority.
In complying with subsection (1) a board is to have regard to the principles set out in section 8 of the Public Sector Management Act 1994.
An instrument issued under subsection (1) may be expressed to apply to the chief executive officer of the corporation as if the chief executive officer were a member of staff.
If an instrument issued under subsection (1) applies to the chief executive officer of the corporation, subsection (2) does not affect the operation of the GTE Act section 37(5).
The Public Sector Commissioner may at any time recommend to a board any amendment that the Commissioner thinks should be made to an instrument issued under this section.
A board may —
amend an instrument issued under this section; or
revoke it and substitute a new instrument,
but, except where subsection (4) applies, is to do so only after consultation with the Public Sector Commissioner.
[Section 17 amended: No. 39 of 2010 s. 81(3); No. 13 of 2023 s. 225.]
The Public Sector Commissioner may in writing direct a board —
to report to the Commissioner on the observance of the minimum standards in force under section 17; and
to make the reports at such times, but not more often than half‑yearly,
as the Commissioner may specify.
A board must comply with a direction given to it made under subsection (1).
The Public Sector Commissioner may at any time report to the Minister on the content or observance of the minimum standards in force under section 17.
[Section 18 amended: No. 39 of 2010 s. 81(3).]
A port authority may grant, or make provision for the grant of, retirement benefits to members and former members of staff and their dependants and for that purpose may, subject to section 30 of the State Superannuation Act 2000 —
establish, manage and control; or
enter into an arrangement with any body for the establishment, management and control by that body either alone or jointly with the port authority of,
any fund or scheme for the purpose of providing for such retirement benefits.
A port authority may make contributions to any fund or scheme referred to in subsection (1).
In subsection (1) —
members of staff includes the CEO.
Nothing in this section affects the operation of the State Superannuation Act 2000 in relation to a port authority or members or former members of staff or their dependants.
[Section 19 amended: No. 43 of 2000 s. 58.]