Port of Newcastle (Extinguishment of Liability) Regulation 2023 (2023-106) (NSW)

Port of Newcastle (Extinguishment of Liability) Regulation 2023

Part 1 Preliminary

1 Name of Regulation This Regulation is the Port of Newcastle (Extinguishment of Liability) Regulation 2023.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

3 Definitions In this Regulation— compulsory production notice—see section 9(1). determination means the determination of relevant compensation the appointed person must make under the Act, section 7(1). information includes documents. party means the Port operator or the State. relevant information means information obtained by the appointed person for the purposes of consideration under the Act, section 7(3), whether by a compulsory production notice or otherwise. the Act means the Port of Newcastle (Extinguishment of Liability) Act 2022.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Part 2 General

4 Prescribed period for making determination—the Act, s 7 (1) For the Act, section 7(2)(b), the prescribed period is— (a) 6 months from the appointment date, or (b) if, before the end of the 6 month period, the appointed person gives written notice to the Treasurer and the Port operator that the appointed person has formed the view, that is reasonable in the circumstances, that additional time is required to complete the determination—12 months from the appointment date. (2) The notice must include the reasons the appointed person formed the view that additional time is required to complete the determination. (3) If the appointed person issues a draft determination to the Port operator and the State before the end of the prescribed period, the prescribed period is extended by 3 months. (4) Subsection (3) applies only in relation to the first draft determination issued by the appointed person. (5) In this section— appointment date means the date the appointed person is appointed under the Act, section 6.