Mackay Port Authority
Mackay Seaport
Mackay Airport
About Mackay Seaport
Port Notices and Information
1 Introduction
1.1 Purpose
Access to and use of port lands and facilities is regulated by these Notices and by the directions of Authorised Officers in the interest of public safety and the orderly, safe, environmentally friendly and efficient conduct of the business of the port.
1.2 Scope
These Notices apply respectively to all areas of the Port of Mackay. They apply equally to all port users, all activities undertaken, contractors, clients, all businesses operating on or in the port, all visitors and the general public entering the port area, including port controlled / administered land and facilities.
1.3 Definitions
- Act
- means the Transport (Ports) Infrastructure Act 1994.
- Agent
- means the person who acts as an agent of a Ship; acting for the owner concerning business conducted between the port, Ship and owner, such as berthing, loading and unloading of bunkers and stores.
- Authorised Officer
- means a person who is appointed as an Authorised Officer of the Authority pursuant to the Regulations.
- Authority
- means Mackay Port Authority and its successors or assigns.
- Berth
- means a pocket of water beside a wharf in which a vessel moors.
- Berth Operator
- means that agency or those agencies directly responsible for any and all cargoes and or passengers being discharged from or loaded to any vessel across MPA berths, from the time such vessel is secured on arrival, until the time the Marine Pilot boards such vessel for departure. After the sailing of a vessel, the previous berth operator may again take charge of the berth for e.g. cleaning.
- Berth Worksite
- means that area of the berth being used by the Berth Operator to
load or discharge cargo.
This may vary from being the entire wharf deck area to those areas of the wharf deck adjacent to the after end of the after hatch of the vessel, forward to the bow of the ship. - Boat Harbour
- means the Port of Mackay.
- Boat Ramps
- means ramps constructed across a foreshore for use by the public in the launching and retrieving of small craft.
- Charges
- means any charges as fees imposed by the Authority for the use of the port or imposed for the State.
- Coastal Waters
- means the coastal waters of the State and includes other waters within the limits of the State that are subject to the ebb and flow of the tide.
- Dangerous Goods
- means dangerous goods as described in the International Maritime Dangerous Goods (IMDG) Code and the Australian Dangerous Goods (ADG) Code.
- Discharge Expenses
- means the reasonable costs and expenses incurred by the State or a port in the containment and clean up of any discharge such as oil, oil residue, noxious liquid, sewage and garbage.
- Environment
- has the same definition as that prescribed in the Environmental Protection Act 1994 and includes ecosystem.
- Environmental
- a quality of physical characteristics of the environment that is conducive to ecological health or public amenity or safety.
- Extractive Material
- means sand, gravel, boulders, clay, silt, mud or other material in or on land under tidal water, but does not include a mineral within the meaning of the Mineral Resources Act 1989.
- Hazardous Substance
- means a designated hazardous substance under the WorkplaceHealth and Safety Act and Regulations or a substance that is not a designated hazardous substance but meets the approved criteria as is listed on the National Occupational Health and Safety Code (NOHSC) 10005 (1994).
- Heavy Lifts
- any item of cargo that exceeds the operational load limits prescribed by the Authority or which, due to its size or weight, must be lifted by equipment other than that which is permanently available at a wharf.
- Hot Work
- has the same meaning as in the International Maritime Organisation (IMO) and other Regulations.
- Incident
- means a non-conforming or below required standard event.
- ISSC
- means International Ship Security Certificate
- Jetty
- has the same meaning as wharf
- Land
- means any land, whether above or below the ordinary high water mark at spring tides.
- MARPOL
- is the International Convention for the Prevention of Pollution from Ships 1973 / 78 including all Protocols and Annexes.
- Master
- a person having command or charge of a ship.
- Mooring Licence
- means a licence to moor a vessel in the port.
- Owner
- means a person who owns the cargo or ship whether or not the person is registered as the owner.
- Penalty Unit
- as prescribed from time to time by the Penalties and Sentences Act 1992.
- Permission of …
- means permission in writing or otherwise logged or recorded.
- Port
- means Mackay Harbour and includes the port areas defined by the breakwaters, excluding Reef Marina. It includes the authorities strategic port lands and port facilities, wharves, jetties etc.
- Port Limits
- As defined in the Act and including the port. The Authority exercises jurisdiction over the Port of Mackay. The Regional Harbour Master, Mackay, representing the Department of Transport, controls the movement of vessels within the port area whilst the allocation of wharves and moorings is controlled by the Authority. (Admiralty Chart Reference is AUS.249 and AUS 250. For further information please contact the Regional Harbour Master)
- Port Notice
- has the same meaning as in the Act
- Proprietary Site
- means any area of land or port facilities within the port which is thesubject of a lease, licence or permit from the Authority.
- Property
- means ships, goods, vehicles or trains and includes anything attached to or contained in a ship, vehicle or train.
- Requirement
- of a notice includes a direction, instruction, indication, condition or other provision contained in the notice.
- Regional Harbour Master, Mackay
- means the Regional Harbour Master, Mackay as appointed pursuant to the Transport Operations (Marine Safety) Act 1994.
- Regulation
- means the Transport Infrastructure (Ports) Regulations 1994
- Reportable Incident
- means a discharge or probable discharge of oil, a noxious liquid substance or jettisoning of a harmful substance carried in packaged form from a ship that happens in coastal waters, but does not include discharge exempted by Regulations. Includes incidents between two ships / vessels and between a ship / vessel and a wharf.
- Security Regulated Port
- That part of the commercial harbour which from time to time is declared to be a security restricted area in accordance with the Port of Mackay and Port Facilities Security Plan, in compliance with the Maritime Transport Security Act 2003.
- Ship
- includes any kind of boat or other vessel no matter the size or how it is propelled or moved
- Small Craft Charge
- means port charges imposed upon persons for the use of small craft.
- Small Craft Facility
- includes a boat harbour, jetty, boat ramp or landing place.
- Vehicle
- has the same meaning as in the Traffic Act 1949
- Wharf
- includes any wharf, quay, pier, jetty, landing place or stage or premises, whether of a like description or not, from which passengers or goods may be taken on board or landed from ships.
1.4 Amendments
Revisions of these Notices will be issued by the Authority as required.
1.5 Control of activities at the port
1.5.1 Port Authority Power to Control
The Authority has the power to control:
- (a) Access to and use of its strategic port land, port facilities and areas in its port that may affect port operations.
- (b) Activities or conduct at the port area to:
- i. Maintain / improve safe, secure and efficient operations;
- ii. Maintain / improve the convenience of port users; and,
- iii. Protect the environment at the port area.
- (c) Movement or mooring of ships.
- (d) Activities on or by ships moored at its port facilities or in its port if the activities may affect the ports operation.
- (e) Movement, handling or storage of goods, including dangerous cargo.
- (f) Movement of passengers.
- (g) Movement, stopping or parking of vehicles including:
- i. Fixing maximum speed limits;
- ii. Indicating pedestrian crossings; and
- iii. Indicating a place where driving, parking or standing of a vehicle is restricted or prohibited.
- (h) Movement, stopping or parking of trains.
1.5.2 Port Authority additional powers
The Authority also has the additional powers to:
- (a) Detain ships, aircraft, goods or vehicles for which a charge is outstanding.
- (b) To sell property held against charges not paid.
- (c) Require documents relevant to port charges to be produced, inspected and copied.
- (d) Remove ships, aircraft, vehicle, trains, goods that are abandoned or left against the Authority's direction. This includes the sale of such abandoned items.
- (e) To enter and inspect ships, aircraft, goods or vehicles to ensure compliance to the
legislation and these Port Notices. - (f) Provide that a breach of a Notice / Rule is an offence.
- (g) Appoint Authorised Officers and provide for their function and powers including taking a person to a police officer.
- (h) Confer powers of arrest on police officers.
- (i) Impose charges for the use of its port and facilities.
1.5.3 Authorised Officers
An Authorised Officer has the power to give directions in exercising the powers vested in the Authority.
1.5.4 Offence
Non-compliance with these Notices (or with the directions given by an Authorised Officer) either through an act or omission, without a reasonable excuse, is an offence under the Regulation
and Act.
1.5.5 Maximum Penalties
Any expenses incurred by the Authority in consequence of non-compliance with Port Notices shall be paid by the person in breach of the said Notices.
1.5.6 Requirement to Give Name and Address
It is an offence for a person to not state their name and address if an Authorised Officer requests it. It may be requested as a result of observing an offence against the Port Notices or Regulations which has occurred or if the Authorised Officer suspects on reasonable grounds that an offence has occurred. It is also an offence to not give evidence of the correctness of the person's stated name and address.
1.5.7 Enforcement Action
If an individual or organisation does not comply with or refuses to comply with these Notices or any direction given by the Authority or Authorised Officer, the following action may occur:
- (a) Removal of the individual from the port.
- (b) Permanent removal of individuals
- (c) Court action / proceedings implemented against the individual or organisation.
- (d) Limitations placed on the organisation and its activities.
- (e) Handing over of the person to a police officer.
- (f) Formal report to the appropriate enforcement agency with any costs incurred by the Authority recoverable from that person or organisation.
1.5.8 Powers – Marine Pollution
Section 129 of the Transport Operations (Marine Pollution) Act 1995 and Regulations devolves to the Port of Mackay the power to administer and enforce the requirements of this Act and Regulations within the port. The Port of Mackay is the administering Authority and the Chief Executive Officer (CEO) is the administering executive. This Act and Regulations apply to vessel-sourced pollution.
Under the Transport Operations (Marine Pollution) Act 1995 Mackay Port Authority has the power to:
- Make additional resolutions / notices (to be consistent with the Act) concerning fees that are payable or any matter necessary or convenient for undertaking the administration and enforcement of the Act.
- Appoint Authorised Officers.
- Collect as a debt any expenses incurred in controlling or cleaning up any discharges as defined by the Act.
Kommo Toera Trail
The Kommo Toera Trail is a "Water Walk Trail" that meanders through the wetlands of the Port Conservation Area.
Discover the fantastic selection of flora and fauna that inhabits this lovely sanctuary that exists only minutes away from the City Heart.
MSIC
