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Port Services Amendment (Disposal of
Material) Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill which is to amend the Port
Services Act 1995 to prohibit the placement or disposal of
certain excavated or dredged material in Port of Melbourne
waters or in the port waters of the Victorian Regional Channels
Authority.
Clause 2 is the commencement provision, providing that the Act comes
into operation on the day after the Bill receives Royal Assent.
Clause 3 inserts a new section 14A(2) into the Port Services Act 1995
limiting the statutory power of the Port of Melbourne
Corporation under section 14A(1)(d) by providing that excavated
or dredged material must not be placed in the Port of Melbourne
waters if by doing so the condition of waters is made or could be
reasonably expected to be made noxious, poisonous, harmful or
potentially harmful to human health, wildlife or plants, or
detrimental to any beneficial use made of those waters.
The amendment is based on section 39 of the Environment
Protection Act 1970, which creates an offence of pollution of
waters in these circumstances.
Clause 3 also inserts a new section 14A(3) into the Port Services
Act 1995 requiring the Port of Melbourne Corporation to carry
out tests which are reasonably necessary to determine whether
the placement or disposal of the material would contravene
subsection (2).
The combined effect of these provisions is that the Port of
Melbourne Corporation is prohibited from placing or disposing
of excavated or dredged material if it cannot demonstrate that the
placement or disposal of the material would not contravene
subsection (2).
561PM8 1 BILL LC INTRODUCTION 27/5/2008
Clause 4 inserts a new section 22(2) into the Port Services Act 1995
limiting the statutory power of the Victorian Regional Channels
Authority under section 22(1)(d) by providing that excavated or
dredged material must not be placed in the port of VRCA waters
if by doing so the condition of waters is changed or could be
reasonably expected to be made noxious, poisonous, harmful or
potentially harmful to human health, wildlife or plants, or
detrimental to any beneficial use made of those waters.
The amendment is based on section 39 of the Environment
Protection Act 1970, which creates an offence of pollution of
waters in those circumstances.
Clause 4 also inserts a new section 22(3) into the Port Services
Act 1995 to require the Victorian Regional Channels Authority to
carry out tests which are reasonably necessary to determine
whether the placement or disposal of the material would
contravene subsection (2).
The combined effect of these provisions is that the Victorian
Regional Channels Authority is prohibited from placing or
disposing of excavated or dredged material in the bay if it cannot
demonstrate that the placement or disposal of the material would
not contravene subsection (2).
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