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Ports and Shipping Legislation

Ports and Shipping Legislation

NSW Maritime administers the following legislation relating to ports and shipping:

Ports and Maritime Administration Act 1995

The Ports and Maritime Administration Act (PMAA)was enacted as the Ports Corporatisation and Waterways Management Act in 1995 to dissolve the Maritime Services Board, and to establish the three state-owned Port Corporations and the Maritime Authority of NSW (NSW Maritime).

The PMAA sets out the objectives and functions of Sydney, Newcastle and Port Kembla Port Corporations. The principle objects of each Port Corporation are:

To be a successful business and, to this end:
To operate at least as efficiently as any comparable businesses;
To maximise the net worth of the State’s investment in the Port Corporation;
To exhibit a sense of social responsibility by having regard to the interests of the community in which it operates and by endeavouring to accommodate these when able to do so;
To promote and facilitate trade through its port facilities;
To ensure that its port safety functions are carried out properly.

The principal functions of each Port Corporation, include, but are not limited to the following:

To establish, manage and operate port facilities and services in its ports, and
To exercise the port safety functions for which it is licensed in accordance with its operating licence.

A Port Corporation may:

Provide facilities or services that are ancillary or incidental to its principal functions, and
Conduct any business (whether or not related to its principal functions) that it considers will further its objectives.

The PMAA also contains administrative requirements which guide the responsibilities and functions of all NSW Government agencies in relation to NSW ports and waterways. It establishes the principal functions of NSW Maritime as:

To exercise such maritime or other functions of the Minister under the marine legislation and other legislation as are delegated to it by the Minister;
To provide advice to the Minister in relation to maritime and ports matters; and
To manage property vested in it.

Marine Safety Act 1998

The Marine Safety Act (MSA) was assented to in November 1998. Pending the completion of various regulationsto accompany it, the MSA is not yet fully commenced. The MSA sets out requirements for marine safety in NSW, including safety requirements for:

recreational boaters;
commercial vessel operators;
harbour masters; and
marine pilots.

When fully proclaimed, the Marine Safety Act will repeal and replace the Navigation Act 1901, Maritime Service Act 1935, Marine Pilotage Licensing Act 1971 and Commercial Vessels Act 1979 and all regulations under those Acts.

NSW Maritime has conducted a review of the Marine Safety Act. A number of amendments have been approved to reflect NSW Maritime’s current roles and responsibilities, to further improve the safety of NSW waterways, and reflect the development of the National Standard for Commercial Vessels. The proposed amendments will improve the safety of NSW waterways and improve the administrative efficiency of the legislation.

Marine Pollution Act 1987

The Marine Pollution Act 1987 sets out requirements to protect the NSW marine environment from pollution caused by recreational, commercial and trading vessels operating in NSW waters.

NSW Maritime is seeking to amend the Marine Pollution Act to make NSW legislation consistent with the International Convention for the Prevention of Pollution from Ships (MARPOL) and improve the protection of the NSW coastline from pollution caused by ships.

The proposed amendments incorporate technical amendments made by the International Maritime Organisation (IMO) to Annexes I and II of MARPOL which Australia has agreed to; introduce new marine pollution requirements consistent with MARPOL Annexes III, IV and V which relate to dangerous packaged goods, sewage and garbage respectively; and allow for other minor amendments including in relation to pollution arising from the transfer of substances between ships and on-shore facilities.

Important Information For more information on MARPOL, click here.

Protection of the Environment Operations Act 1997

The Protection of the Environment Operations Act 1997 (PEOA) and its associated Regulations are administered by the Department of Environment and Climate Change.

Under Section 6(3) of the PEOA, NSW Maritime is an appropriate regulatory authority in relation to vessels in navigable waters; and premises used in connection with vessels and situated adjacent to or over navigable waters. This means NSW Maritime is responsible for regulating marine pollution caused by vessels, including noise abatement and controls for vessels.

In addition, NSW Maritime’s authorised officers can issue Penalty Notices for relevant offences committed under the PEOA.

Important Information For more information on the PEOA, click here.