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PORT MANAGEMENT (PORT OF MELBOURNE SAFETY AND PROPERTY) REGULATIONS 2020 (SR NO 108 OF 2020) - REG 11

Hazardous port activity authority

    (1)     The VPCM may issue an authority to a person to carry out a hazardous port activity at the port for any period not exceeding 3 years, with the period of time to be determined by the VPCM on the basis of a risk assessment.

    (2)     An authority under subregulation (1)—

        (a)     must be in writing; and

        (b)     is valid for the period specified in the authority; and

        (c)     is valid only as specified in the authority in respect of—

              (i)     the person, or classes of person; and

              (ii)     the vessel, or classes of vessel; and

              (iii)     the location in the port.

    (3)     The VPCM must not refuse to issue an authority unless the VPCM is of the opinion that carrying out the hazardous port activity—

        (a)     would create a significant risk of injury to any person, damage to any property or harm to the environment; or

        (b)     would significantly interfere with the orderly operation of the port or of any other authorised activities; or

        (c)     would potentially cause interference with, or danger to, other users of the port.

Note

The authority does not exempt a person proposing to carry out hazardous port activities from notifying the VPCM each time they intend to undertake the activity as required by regulation 20.



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