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Ports legislation

Overview

Transport for NSW provides strategic advice to promote the economically efficient operation and use of and investment in major port facilities in the State. It also exercises a number of powers under ports legislation.
 

Port safety

We issue the Port Safety Operating Licence (PSOL) to the Port Authority of New South Wales on behalf of the Minister for Roads, Maritime and Freight under the Ports and Maritime Administration Act 1995 (PAMA). The PSOL covers port safety functions that must be undertaken in the NSW designated ports of Eden, Port Kembla, Port Botany, Sydney Harbour, Newcastle and Yamba.
 

Cargo movement coordination

Our Cargo Movement Coordination Centre has powers under the Ports and Maritime Administration Regulation 2012 and works with industry to optimise how cargo moves through Port Botany, Port Kembla and regional NSW across supply chain interfaces and networks.
 

Marine pilotage

Transport for NSW has powers under the Marine Safety Act 1998 to appoint individuals to act as Harbour Master for non-designated NSW ports such as Port Macquarie, Coffs Harbour, Jervis Bay, Batemans Bay and Lord Howe Island.

We also develop, maintain and publish the Marine Pilotage Code under the Marine Safety Regulation 2016. The code outlines requirements for marine pilots who are specially trained to guide large vessels safely in and out of ports.
 

Marine pollution

The Marine Pollution Act 2012 sets out requirements for masters and owners of Australian ships to protect the NSW marine environment from pollution from oil, harmful substances, garbage and sewage caused by commercial and trading vessels operating in NSW waters.

Transport for NSW provides strategic policy advice on the Marine Pollution Regulation 2014 which deals with:

  • Provisions to support amendments made by the International Maritime Organization (IMO) to Annexes I and II of the International Convention for the Prevention of Pollution from Ships (MARPOL) . These Annexes set out requirements to prevent and minimise ship-generated oil and chemical pollution respectively.
  • Provisions to support the adoption of MARPOL Annexes III (Packaged Harmful Substances), IV (Sewage) and V (Garbage); and related Commonwealth Marine Orders.
  • The defined “State waters” to which the Act applies. These NSW waters have been extended to add Jervis Bay; the eastern part of Port Stephens; the Hastings River (Port Macquarie) to the Pacific Highway road bridge; and Coffs Harbour; to recognise the use of those waters by shipping operations of various types (cruise ships, the Lord Howe Island service, and barge loads of heavy manufactured plant).

Transport for NSW also provides advice on oil spill prosecutions; pollution from chemicals and garbage; domestic ballast water management for the prevention of marine pest incursions and the implementation of the MARPOL.