(2A) A fee determined by the port of Melbourne S. 75(2A) operator as provided under subsection (2) is inserted by No. 10/2016 subject to Part 3. s. 125(3). (3) Subject to subsection (3A), a fee determined S. 75(3) amended by under subsection (1) is payable by the person or No. 10/2016 persons specified in the determination, who must s. 125(4). be one or more of the following— (a) the owner of any vessel that has used, is using or proposes to use the channel; (b) the person who, immediately after any cargo is unloaded from a vessel that has used the channel, is the owner of the cargo; (c) the person who, immediately before cargo is loaded onto a vessel that proposes to use the channel, is the owner of the cargo. (3A) A fee determined under subsection (1) by S. 75(3A) inserted by the Victorian Ports Corporation (Melbourne) No. 10/2016 (other than an anchorage fee) is not payable s. 125(5), amended by under subsection (3) unless the fee is an approved No. 10/2016 channel fee. s. 179(Sch. 1 item 7.21). Note to Note s. 75(3A) The Victorian Ports Corporation (Melbourne) is the channel amended by No. 10/2016 operator for port of Melbourne waters—see the definition of s. 179(Sch. 1 in section 3(1). channel operator item 7.22). (4) If a fee determined under subsection (1) is not S. 75(4) amended by paid by the person liable under the determination No. 10/2016 to pay it, that person and the person who is the s. 125(6). owner of the cargo, at the time payment is demanded by VRCA, the channel operator or the port of Melbourne operator (as the case requires),
S. 75(2A) inserted by No. 10/2016 s. 125(3). (2A) A fee determined by the port of Melbourne operator as provided under subsection (2) is subject to Part 3. S. 75(3) amended by No. 10/2016 s. 125(4). (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— (a) the owner of any vessel that has used, is using or proposes to use the channel; (b) the person who, immediately after any cargo is unloaded from a vessel that has used the channel, is the owner of the cargo; (c) the person who, immediately before cargo is loaded onto a vessel that proposes to use the channel, is the owner of the cargo. S. 75(3A) inserted by No. 10/2016 s. 125(5), amended by No. 10/2016 s. 179(Sch. 1 item 7.21). (3A) A fee determined under subsection (1) by the Victorian Ports Corporation (Melbourne) (other than an anchorage fee) is not payable under subsection (3) unless the fee is an approved channel fee. Note to s. 75(3A) amended by No. 10/2016 s. 179(Sch. 1 item 7.22). Note The Victorian Ports Corporation (Melbourne) is the channel operator for port of Melbourne waters—see the definition of channel operator in section 3(1). S. 75(4) amended by No. 10/2016 s. 125(6). (4) 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 VRCA, the channel operator or the port of Melbourne operator (as the case requires),