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 adopted the Port Botany Landside Improvement Strategy (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 for NSW has asked the NSW Small Business Commission mediation services team to act as the independent facilitator for the PBLIS regulatory change consultation activities.
With stakeholder cooperation, they will facilitate the engagement and clarify the specific details that will form the PBLIS Performance Scheme as well as supporting key recommendations including transport operator certification and revision of the PBLIS Mandatory Standards.
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 (Act) recommendations.
The first phase has been completed with changes to the Ports and Maritime Administration Act commencing on 30 September 2024. The Regulation will now be amended to complete implementation, with consultation on the proposed amendments expected in the second half of 2025.
Further information on the amendments will be provided once confirmed.
If you have any questions, please email freight@transport.nsw.gov.au.
Project updates
Project updates will be added here as they become available.
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For further information on the Ports and Maritime Administration Act and Port Botany Landside Improvement Strategy email freight@transport.nsw.gov.au.