Ports and shipping legislation

Transport for NSW administers the following legislation relating to ports and shipping matters:

• Ports and Maritime Administration Act 1995
• Marine Safety Act 1998
• Marine Pollution Act 1987

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 (now Roads and Maritime Services.

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
• To promote and facilitate a competitive commercial environment in port operations
• To improve productivity and efficiency in its ports and the port-related supply chain

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
• To exercise the port safety functions for which it is licensed in accordance with its operating licence

Marine Safety Act 1998

The Marine Safety Act (MSA) sets out requirements for marine safety in NSW, including safety requirements for:

• harbour masters
• marine pilots

The Act sets out the requirements for the appointment of harbor masters, the general functions and powers of the harbor master, and offences for failing to comply with harbor master directions.

The Act also sets out the requirements for compulsory pilotage in certain NSW ports, licensing requirements for marine pilots, exemptions from pilotage requirements and regulation making powers with respect to marine pilots.

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.
The main aim of the Act is to implement the International Convention for the Prevention of Pollution from Ships (MARPOL). This convention consists of the following six Annexes which relate to different types of pollution from ships:

• Annex 1 – pollution from oil
• Annex 2 - noxious liquid substances
• Annex 3 - pollution by harmful substances carried in packaged form
• Annex 4 - sewage
• Annex 5 - garbage from ships
• Annex 6 – Air pollution from ships

Transport for NSW is seeking to amend the Marine Pollution Act to make NSW legislation consistent with the latest MARPOL provisions, which are updated from time to time, 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 1 and 2 of MARPOL which Australia has agreed to; introduce new marine pollution requirements consistent with MARPOL Annexes 3, 4 and 5; and allow for other minor miscellaneous amendments to improve the protection provided to the marine environment from the harmful impacts of pollution from ships.

• More information on MARPOL