Ports and Maritime Administration Regulation 2021 (2021-444) (NSW)

Ports and Maritime Administration Regulation 2021

Part 1 Preliminary

1 Name of Regulation This Regulation is the Ports and Maritime Administration Regulation 2021.

2 Commencement This Regulation commences on 1 September 2021 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Ports and Maritime Administration Regulation 2012, which is repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions The Dictionary defines words used in this Regulation.

Note— The Ports and Maritime Administration Act 1995 and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Part 2 Port charges—the Act, Part 5

Division 1 Preliminary

4 Preliminary (1) If there is more than one relevant port authority in relation to charges at a port, a requirement of this Part to provide information or give a manifest to the relevant port authority is a requirement to provide the information or give the manifest to each of the relevant port authorities. (2) In this Part— container has the same meaning as in the International Convention for Safe Containers 1972, as in force in Australia from time to time.

5 General principles for calculation of charges (1) This section specifies the principles that apply to the calculation of a charge under the Act, Part 5. (2) 1 tonne is taken to be equivalent to a mass of 1,000 kilograms or a volume of 1 cubic metre or 1 kilolitre. (3) If the amount of a charge is to be calculated by reference to goods in bulk, the reference is to be construed, unless otherwise provided, as a reference to goods that have been loaded on to, or discharged from, a hold or tank of a vessel at a designated port by means of a pipeline, conveyor, mechanical shovel or bucket. (4) If the amount of a charge is to be calculated by reference to the weight or volume of goods, the weight or volume is to be rounded up to the nearest whole unit of measurement. (5) The gross tonnage of a vessel is the gross tonnage of the vessel as specified in the International Tonnage Certificate (1969) for the vessel issued in accordance with the Tonnage Convention, within the meaning of the Navigation Act 2012 of the Commonwealth.