the of land nearest that area 208, Moored / berthed Port Regulated and unrestricted are New terms proposed which 209 in regulated area managers not terms readily understood by are readily understood by boaters port users 210 Time limit on Port Poor compliance with berth and Define time ‘continuous’ vessel berthed in managers mooring time limits due to lack period to assist enforcement restricted area of clarity regarding time restriction 212, Considerations for DELWP Environmental considerations Include harm to the 214, issuing / varying / have been omitted environment as one of the 215 cancelling an considerations of the port authority manager 212 Issuing an Port Port manager is obligated to Allow consideration of authority managers issue an authority unless previous non-compliance significant risk regardless of when determining whether previous behaviour of holder to issue a permit 219 Identity cards TSV Clarify authorising power for Require identity cards for enforcement port managers given s44C of Port Management Act 1995 enabling delegations to staff. Authorising power for transport safety officer is under Transport (Safety Schemes Compliance and Enforcement) Act 2014 300 Offence to install Port Illegal mooring to and Include offence to use mooring managers inappropriate structures may unapproved mooring cause environmental harm or property damage 300 Offence to install Port Illegal anchoring in mooring Include provision to prohibit mooring managers areas may cause damage to anchoring in mooring property or harm to the without a reasonable excuse environment 302(3) Anchoring TSV Safety duties are the Remove - (5) requirements responsibility of the master of the vessel Give directions TSV Safety duties are the Remove 303 about anchoring responsibility of the master of the vessel
the of land nearest that area 208, 209 Moored / berthed in regulated area Port managers Regulated and unrestricted are not terms readily understood by boaters New terms proposed which are readily understood by port users 210 Time limit on vessel berthed in restricted area Port managers Poor compliance with berth and mooring time limits due to lack of clarity regarding time restriction Define ‘continuous’ time period to assist enforcement 212, 214, 215 Considerations for issuing / varying / cancelling an authority DELWP Environmental considerations have been omitted Include harm to the environment as one of the considerations of the port manager 212 Issuing an authority Port managers Port manager is obligated to issue an authority unless significant risk regardless of previous behaviour of holder Allow consideration of previous non-compliance when determining whether to issue a permit 219 Identity cards TSV Clarify authorising power for enforcement Require identity cards for port managers given s44C of Port Management Act 1995 enabling delegations to staff. Authorising power for transport safety officer is under Transport (Safety Schemes Compliance and Enforcement) Act 2014 300 Offence to install mooring Port managers Illegal mooring to and inappropriate structures may cause environmental harm or property damage Include offence to use unapproved mooring 300 Offence to install mooring Port managers Illegal anchoring in mooring areas may cause damage to property or harm to the environment Include provision to prohibit anchoring in mooring without a reasonable excuse 302(3) - (5) Anchoring requirements TSV Safety duties are the responsibility of the master of the vessel Remove 303 Give directions about anchoring TSV Safety duties are the responsibility of the master of the vessel Remove
RIS-Port-management-Local-ports-Regulations-2015.docx