Ports and Maritime Administration Act and Port Botany Landside Improvement Strategy
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On 12 November 2021, the NSW Government announced a comprehensive review of the Ports and Maritime Administration Act 1995 (the Act) and the Port Botany Landside Improvement Strategy (PBLIS).
The NSW Government's Better Regulation Principles and evidence-based research and analysis, including independent external inputs and comprehensive engagement with stakeholders guided the Review.
The final report, released on 25 January 2024 made 37 recommendations relating to the Act and PBLIS.
Port Botany Landside Improvement Strategy
Following the completion of the Independent Review into the regulatory framework at ports in NSW, led by Mr Ed Willett and subsequent consultation led by the Freight Policy Reform Panel chaired by Dr Kerry Schott AO, the NSW Government has endorsed the PBLIS recommendations, excluding recommendation 18, to engage NSW Ports – the private port operator – as a service provider to administer elements of PBLIS.
These changes will be implemented progressively in three groups. Group one and two focus on the Performance Scheme and supporting recommendations (1, 5, 6, 7, 9, 12, 13, 14, 15, 16, 17, 19, 20 and 21) and will ensure an effective port operating environment for container management at Port Botany into the future.
The remaining 6 recommended changes (2, 3, 4, 8, 10 and 11) to the PBLIS Mandatory Standards in group three, will be subject to consultation during the implementation process.
Transport has invited the NSW Small Business Commission to offer their service as an independent facilitator to any stakeholders participating in the PBLIS regulatory change consultation process.
Implementation of the PBLIS recommendations will be carried out progressively in groups as outlined below.
Group 1
The first group will include:
- the performance scheme (Recommendation 1)
- removing the broad power for regulating stevedore charges (Recommendation 6)
- applying late penalties per truck trip rather than per container (Recommendation 7)
- updating penalty rates by the Consumer Price Index (Recommendation 9)
- road data transparency (Recommendation 12)
- rail data transparency (Recommendation 13)
- empty container data transparency and efficiency (Recommendation 14)
- certified transport operator access (Recommendation 17)
- updating regulated rail servicing arrangements (amended approach to Recommendation 19)
- improve governance frameworks to align public infrastructure managers with the port rail task (Recommendation 20)
- examine future rail options (Recommendation 21).
For Recommendation 19 the regulated rail servicing arrangements will be retained and charge rates increased in line with CPI annually, backdated from 2011. While it is not the role of the NSW Government to intervene in stevedore charges, given the interconnected rail network and the time needed to progress the Freight Policy Reform Program rail recommendations, this regulation is not being removed at this time. Removal of this regulation as advised by the Independent Review will be considered in the future.
Recommendation 5 does not require government action as stevedores are currently able to apply differential pricing.
Group 2
The second group of recommendations, which require further consideration and potential business case development include:
- freight community system (Recommendation 15)
- a second truck marshalling area (TMA) (Recommendation 16).
These recommendations will be concurrently progressed with the first group of recommendations.
Group 3
The third group of recommendations are changes to the current PBLIS Mandatory Standards that were opposed by some stakeholders and will subject to consultation during the implementation process. They include:
- change carrier cancellation rules to take or pay (Recommendation 2)
- facilitate no booking until discharge (Recommendation 3)
- staggered time zone commencement (Recommendation 4)
- applying unforeseen events to terminal sections (Recommendation 8)
- removing large and small carrier classifications (Recommendation 10)
- removing Transport approval for stevedore allocation of import and export slots (Recommendation 11).
Further information on implementation and consultation for the groups will be provided as the implementation program is confirmed.
If you have any questions or require further information, please email freight@transport.nsw.gov.au.
Ports and Maritime Administration Act
The NSW Government has adopted all 16 of the Ports and Maritime Administration Act 1995 (the Act) recommendations.
The first phase has been completed with changes to the Ports and Maritime Administration Act commencing on 30 September 2024. The Ports and Maritime Administration Regulation 2021 will now be amended to complete implementation of the Act recommendations.
If you have any questions, please email freight@transport.nsw.gov.au.
Project updates
Implementation consultation and engagement
The NSW Government is inviting feedback on proposed changes to the Regulation and current PBLIS Mandatory Standards, and new Performance Benchmarks Mandatory Standards. This implements endorsed recommendations from the Independent Review of the Ports and Maritime Administration Act (the Act) and Port Botany Landside Improvement Strategy (PBLIS), that require regulatory changes.
A six-week public consultation period will be carried out from 20 October to 28 November, inviting feedback on the proposed changes required to implement the recommendations.
Written submissions can be made via the Have Your Say webpage. The webpage includes all the relevant information and instructions to complete your submission.
Unless requested otherwise, submissions will be published on the project website after the consultation period closes.
Key documents available on the webpage include:
- Draft Ports and Maritime Administration Amendment Regulation 2025 (PDF, 252.11 KB)
- Draft Port Botany Landside Operations – Mandatory Standards and Directions (PDF, 574.02 KB)
- Draft Port Botany Landside Improvement Strategy – Performance Benchmarks (PDF, 222.46 KB)
- Regulatory Impact Statement (RIS) 2025 (PDF, 390.22 KB)
- PBLIS Regulatory Changes Fact Sheet (PDF, 481.89 KB)
- PBLIS Stevedore and Carrier performance charts (PDF, 362.91 KB)
Consultation
Consultation will be carried out in two stages:
- Round one: Covers changes to the PBLIS group 1 and 3 recommendations that require regulatory changes (see PBLIS Regulation Changes Consultation Fact Sheet (PDF, 481.89 KB) for details), as well as changes to the Regulation to complete the Act recommendations and additional changes (see the Regulatory Impact Statement 2025 (PDF, 390.22 KB)).
- Round two: Covers any refinements to the PBLIS group 1 and 3 recommendations that require regulatory changes based on feedback from round one.
PBLIS
Transport has invited the NSW Small Business Commission to offer their service as an independent facilitator to any stakeholders participating in the PBLIS regulatory change consultation process.
Consultation will include group sessions and one-on one meetings, delivered both virtually and in person, as required.
The ACT
Two open consultation sessions have been made available for the Act regulatory changes. Please register for your preferred session.
It is important that individuals and organisations who may be impacted by the Act regulatory changes attend and contribute to the consultation process.
Key dates:
- Round one consultation opens: 20 October 2025
- Round one consultation closes: 28 November 2025
- Round two consultation: 2026 dates to be confirmed.
Documents
- Independent Review - Ports and Maritime Administration Act and Port Botany Landside Improvement Strategy Final Report (PDF, 3.32 MB)
- Delivering freight policy reform in NSW (PDF, 6.58 MB)
- Draft Ports and Maritime Administration Amendment Regulation 2025 (PDF, 252.11 KB)
- Draft Port Botany Landside Operations – Mandatory Standards and Directions (PDF, 574.02 KB)
- Draft Port Botany Landside Improvement Strategy – Performance Benchmarks (PDF, 222.46 KB)
- Regulatory Impact Statement (RIS) 2025 (PDF, 390.22 KB)
- PBLIS Regulatory Changes Consultation Fact Sheet (PDF, 481.89 KB)
- PBLIS Stevedore and Carrier performance charts (PDF, 362.91 KB)
Important links
- Ports and Maritime Administration Act and Port Botany Landside Improvement Strategy Have your say page
- Transport for NSW Ports Legislation
- Independent Review - Ports and Maritime Administration Act and Port Botany Landside Improvement Strategy
- Remake of the Ports and Maritime Administration Regulation
- TfNSW Freight Policy Reform Program
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Contact us
For further information on the Ports and Maritime Administration Act and Port Botany Landside Improvement Strategy email freight@transport.nsw.gov.au.