Victorian Numbered Acts Victorian Numbered Acts(1) For section 49(c)(i), (ii) and (iii) of the Port Management Act 1995 substitute —
"(i) the provision of channels (except anchorages) for use by shipping in port of Melbourne waters, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong and the Dedicated Channels used by vessels bound for the port of Melbourne;
(ii) the provision of berths, buoys or dolphins in connection with the berthing of vessels in the port of Melbourne;
(iii) the provision of short-term storage or cargo marshalling facilities in connection with the loading or unloading of vessels at berths, buoys or dolphins in the port of Melbourne;
(iv) the provision of access to, or allowing the use of, places or infrastructure (including wharves, slipways, gangways, roads and rail infrastructure) on port of Melbourne land for the provision of services to port users;
Examples
Tanker, wharf and water inspection services, and security services, are kinds of services that are provided to port users on port of Melbourne land.
(v) any other service that is prescribed by the regulations.".
(2) At the end of section 49 of the Port Management Act 1995 insert —
"(2) For the purposes of Part 3 of the Essential Services Commission Act 2001 —
(a) a granting of a lease or sublease by the port of Melbourne operator pursuant to which a person is permitted to provide any of the following in the port of Melbourne to other persons is not a prescribed service—
(i) container terminal or stevedoring operations;
(ii) automotive terminal or stevedoring operations;
(iii) dry-bulk terminal or stevedoring operations;
(iv) liquid-bulk terminal or stevedoring operations;
(v) break-bulk terminal or stevedoring operations;
(vi) an activity or operations specified in the regulations; and
(b) the services described in subparagraphs (i) to (v) of subsection (1)(c) are not prescribed services if the Port of Melbourne Corporation provides those services.".