{"id":"nsw:act-1995-013","name":"Ports and Maritime Administration Act 1995","slug":"ports-and-maritime-administration-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"13 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105606,"registerId":"nsw-act-1995-013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n> \n> **s 1:** Am 2006 No 84, Sch 1 \\[1\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Objectives of Act","content":"#### 2A Objectives of Act\n\n2A Objectives of Act\n\n> > (1) The objectives of this Act are as follows—\n> > \n> > > (a) to establish a statutory State owned corporation and provide a framework for the responsible and effective operation of port facilities in the State by the corporation,\n> > \n> > > (b) to provide a framework for the responsible and effective operation of port facilities in the State by private port operators,\n> > \n> > > (c) to promote competition and productivity in—\n> > > \n> > > > (i) the operation of ports in the State, and\n> > > \n> > > > (ii) the port-related supply chain,\n> > \n> > > (d) to ensure the responsible and effective management of wharves, moorings and port facilities generally,\n> > \n> > > (e) to ensure the safety, and the responsible and effective management, of waterways and waterways infrastructure,\n> > \n> > > (f) to promote responsible approaches to the protection of the environment in connection with the operation and management of port facilities, wharves, moorings, maritime infrastructure and property, waterways and waterways infrastructure.\n> \n> > (2) The objectives are also to be achieved by regulating the operation of ports in the State, waterways, waterways infrastructure and the port-related supply chain, including by establishing regulatory frameworks for—\n> > \n> > > (a) port charges and a price monitoring scheme, and\n> > \n> > > (b) safety and security at ports, including at private ports, and\n> > \n> > > (c) managing wharves, moorings, and port facilities and infrastructure, and\n> > \n> > > (d) managing maritime property and infrastructure, and\n> > \n> > > (e) managing waterways and waterways infrastructure.\n> \n> **s 2A:** Ins 2024 No 67, Sch 2\\[1\\].","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.\n> > \n> > authorised officer has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> > \n> > commercial vessel has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> > \n> > exercise a function includes perform a duty.\n> > \n> > foreign vessel has the same meaning as in the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > function includes a power, authority or duty.\n> > \n> > harbour master means a person appointed or acting as harbour master under the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> > \n> > lease includes concurrent lease and any subletting (or concurrent subletting).\n> > \n> > liabilities means any liabilities, debts and obligations (whether present or future and whether vested or contingent).\n> > \n> > marine legislation means any of the following Acts (and the regulations and other instruments made under any of those Acts)—\n> > \n> > > this Act\n> > \n> > > [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121)\n> > \n> > > [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005)\n> > \n> > > Any other Act prescribed by the regulations.\n> > \n> > master of a vessel means the person having the command or charge of the vessel, but does not include a pilot.\n> > \n> > MSB means the Maritime Services Board constituted under Part 2 of the [Marine Administration Act 1989](/view/pdf/asmade/act-1989-93).\n> > \n> > MSB subsidiary means—\n> > \n> > > (a) any MSB subsidiary ports authority (being the MSB Hunter Ports Authority, the MSB Illawarra Ports Authority or the MSB Sydney Ports Authority, constituted under Part 3 of the [Marine Administration Act 1989](/view/pdf/asmade/act-1989-93)), or\n> > \n> > > (b) the MSB Waterways Authority constituted under Part 3 of the [Marine Administration Act 1989](/view/pdf/asmade/act-1989-93).\n> > \n> > National law has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> > \n> > navigable waters means all waters (whether or not in the State) that are from time to time capable of navigation and are open to or used by the public for navigation, whether on payment of a fee or otherwise, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.\n> > \n> > navigation aid means any device used for the safety of navigation (such as a beacon, buoy or marine mark), but does not include a device on board a vessel.\n> > \n> > operating licence of the Port Corporation means an operating licence issued to the Port Corporation by the Minister under Division 3 of Part 2.\n> > \n> > owner of a vessel or cargo—see section 48.\n> > \n> > pilot of a vessel means the person who has the conduct of the vessel but who does not belong to the vessel.\n> > \n> > pilotage has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), Part 6.\n> > \n> > pilotage port has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), Part 6.\n> > \n> > port includes any of following waters (or any part of those waters)—\n> > \n> > > (a) any harbour or haven, whether natural or artificial,\n> > \n> > > (b) any estuary, channel, river, creek or roadstead,\n> > \n> > > (c) any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers.\n> > \n> > Port Authority of New South Wales means the corporation established under section 6.\n> > \n> > port charge means a charge imposed under Part 5.\n> > \n> > Port Corporation means the Port Authority of New South Wales.\n> > \n> > port operator—\n> > \n> > > (a) of a private port means the person declared to be the port operator of the private port by the Minister by order in writing, or\n> > \n> > > (b) of any other port means the port corporation that manages and operates the port facilities and services of the port concerned.\n> > \n> > port operator direction—see section 37(1).\n> > \n> > port-related supply chain means land-based services and facilities provided or operated in connection with cargo transport, handling and storage operations (and the co-ordination of those operations) at a port or supply chain facility, or between a port and a supply chain facility.\n> > \n> > private port—means the ports of Botany Bay, Newcastle and Port Kembla.\n> > \n> > recreational vessel means a vessel other than a commercial vessel.\n> > \n> > regulated Australian vessel has the same meaning as in the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > rights means all rights, powers, privileges and immunities (whether present or future or whether vested or contingent).\n> > \n> > safety direction—see section 43E(2).\n> > \n> > subsidiary, in relation to the Port Corporation, means a body corporate that would be a subsidiary (as determined by the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) of the Port Corporation if the Port Corporation were a company.\n> > \n> > supply chain facility means a public-access facility provided for the storage, handling and distribution of cargo in connection with its transport to or from a port, including facilities for the storage and handling of empty cargo containers and facilities for the staging and exchange of cargo between different modes of transport (such as an intermodal terminal).\n> > \n> > Transport for NSW or TfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> > \n> > vessel—see section 4.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes in the text of this Act do not form part of this Act.\n> \n> **s 3:** Am 1998 No 121, Sch 3.7 \\[1\\] \\[2\\]; 1999 No 31, Sch 2.30; 2000 No 53, Sch 2.13 \\[1\\]; 2002 No 112, Sch 1.20 \\[1\\]; 2005 No 4, Sch 2.6; 2006 No 58, Sch 1.22 \\[2\\] \\[3\\]; 2006 No 84, Sch 1 \\[2\\]; 2008 No 89, Sch 1 \\[1\\]; 2011 No 41, Sch 2 \\[2\\]; 2012 No 5, Sch 1.4 \\[1\\]; 2012 No 90, Sch 2.13 \\[1\\] \\[2\\]; 2012 No 101, Sch 6.3 \\[1\\]; 2013 No 52, Sch 2 \\[1\\]; 2016 No 28, Sch 2 \\[1\\]; 2016 No 55, Sch 3.24 \\[1\\]; 2020 No 30, Sch 4.74\\[3\\]; 2024 No 67, Sch 2\\[2\\]–\\[5\\]; 2025 No 66, Sch 4.1\\[1\\] \\[2\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “vessel”","content":"#### 4 Meaning of “vessel”\n\n4 Meaning of “vessel”\n\n> > (1) In this Act, vessel includes water craft of any description used or capable of being used as a means of transportation on water.\n> \n> > (2) Without limiting the above, a vessel includes—\n> > \n> > > (a) any non-displacement craft, and\n> > \n> > > (b) a seaplane, but only while it is on water, and\n> > \n> > > (c) anything used on water that is declared by the regulations to be a vessel.\n> \n> > (3) However, a vessel does not include anything that is declared by the regulations not to be a vessel.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5 (Repealed)","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Port Authority of New South Wales","content":"# Part 2 Port Authority of New South Wales\n\nPart 2 Port Authority of New South Wales\n\n**pt 2, hdg:** Subst 2024 No 67, Sch 2\\[7\\]; 2025 No 66, Sch 4.1\\[3\\].","sortOrder":8},{"sectionNumber":"Division 1","sectionType":"division","heading":"Establishment of Port Authority of New South Wales","content":"## Division 1 Establishment of Port Authority of New South Wales\n\nDivision 1 Establishment of Port Authority of New South Wales\n\n**pt 2, div 1, hdg:** Am 2024 No 67, Sch 2\\[8\\]. Subst 2025 No 66, Sch 4.1\\[4\\].\n\n**pt 2, div 1:** Subst 2025 No 66, Sch 4.1\\[4\\].","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Establishment of Port Authority of New South Wales","content":"#### 6 Establishment of Port Authority of New South Wales\n\n6 Establishment of Port Authority of New South Wales\n\n> > (1) There is constituted by this Act a corporation with the corporate name of the Port Authority of New South Wales, also known in this Act as the Port Corporation.\n> \n> > (2) The Port Authority of New South Wales is the same entity as and the continuation of the Newcastle Port Corporation.\n> \n> **s 6:** Am 1995 No 99, Sch 2; 2002 No 112, Sch 1.20 \\[2\\]; 2016 No 55, Sch 3.24 \\[2\\]. Subst 2025 No 66, Sch 4.1\\[4\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7, 8 (Repealed)","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Objectives and functions of Port Corporation","content":"## Division 2 Objectives and functions of Port Corporation\n\nDivision 2 Objectives and functions of Port Corporation\n\n**pt 2, div 2, hdg:** Am 2024 No 67, Sch 2\\[9\\].","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Objectives of Port Corporation","content":"#### 9 Objectives of Port Corporation\n\n9 Objectives of Port Corporation\n\n> The principal objectives of the Port Corporation are—\n> \n> > (a) to be a successful business and, to this end—\n> > \n> > > (i) to operate at least as efficiently as any comparable businesses, and\n> > \n> > > (ii) to maximise the net worth of the State’s investment in the Port Corporation, and\n> > \n> > > (iii) 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, and\n> \n> > (b) to promote and facilitate trade through its port facilities, and\n> \n> > (c) to ensure that its port safety functions are carried out properly, and\n> \n> > (d) to promote and facilitate a competitive commercial environment in port operations, and\n> \n> > (e) to improve productivity and efficiency in its ports and the port-related supply chain.\n> \n> **s 9:** Am 2008 No 89, Sch 1 \\[2\\]; 2024 No 67, Sch 2\\[10\\] \\[11\\].","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Functions of Port Corporation","content":"#### 10 Functions of Port Corporation\n\n10 Functions of Port Corporation\n\n> > (1) The Port Corporation has the functions conferred or imposed on it by or under this or any other Act or law.\n> \n> > (2) The principal functions of the Port Corporation are—\n> > \n> > > (a) to establish, manage and operate port facilities and services in its ports, and\n> > \n> > > (b) to exercise the port safety functions for which it is licensed in accordance with its operating licence, and\n> > \n> > > (c) to facilitate and co-ordinate improvements in the efficiency of the port-related supply chain.\n> \n> > (3) The Port Corporation may—\n> > \n> > > (a) provide facilities or services that are ancillary or incidental to its principal functions, and\n> > \n> > > (b) conduct any business (whether or not related to its principal functions) that it considers will further its objectives.\n> \n> > (4) This section does not limit the functions of the Port Corporation apart from this section, but is subject to the provisions of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), the marine legislation and any other Act or law.\n> \n> **s 10:** Am 2008 No 89, Sch 1 \\[3\\]; 2024 No 67, Sch 2\\[12\\]–\\[15\\].","sortOrder":15},{"sectionNumber":"10AA","sectionType":"section","heading":"Minister may approve additional Port Corporation activities","content":"#### 10AA Minister may approve additional Port Corporation activities\n\n10AA Minister may approve additional Port Corporation activities\n\n> > (1) The Port Corporation may, with the written approval of the Minister, provide facilities or services or conduct businesses, other than those provided or conducted under section 10, that are complementary to the Port Corporation’s—\n> > \n> > > (a) principal objectives, or\n> > \n> > > (b) principal functions.\n> \n> > (2) The Minister may approve the provision of the facility or service, or the conduct of the business, by the Port Corporation only if the Minister is satisfied the provision of the facility or service, or the conduct of the business, by the Port Corporation is complementary to, and will not detract from, the Port Corporation’s principal objectives or principal functions.\n> \n> > (3) The Minister may give an approval subject to conditions the Minister considers appropriate.\n> \n> > (4) The Minister may, at any time by written notice given to the Port Corporation, do any of the following—\n> > \n> > > (a) impose conditions on an approval,\n> > \n> > > (b) vary or remove a condition of an approval,\n> > \n> > > (c) revoke an approval.\n> \n> > (5) To avoid doubt, an approval under this section is required in addition to any other approval, licence, permit or other authority the Port Corporation must obtain or hold, whether under this Act or another Act or law, to provide the facility or service or conduct the business.\n> \n> **s 10AA:** Ins 2024 No 67, Sch 2\\[16\\].","sortOrder":16},{"sectionNumber":"10A","sectionType":"section","heading":"Ministerial directions to Port Corporation—competition and productivity","content":"#### 10A Ministerial directions to Port Corporation—competition and productivity\n\n10A Ministerial directions to Port Corporation—competition and productivity\n\n> > (1) The Minister may, by written notice, give the Port Corporation directions in relation to the following—\n> > \n> > > (a) the exercise of the Port Corporation’s functions in connection with the Port Corporation’s principal objectives under section 9(d) and (e),\n> > \n> > > (b) the provision of a facility or service, or the conduct of a business, by the Port Corporation under an approval given by the Minister under section 10AA.\n> \n> > (2) The Minister is to advise the voting shareholders of the Port Corporation of the giving and the terms of any such direction.\n> \n> > (3) The Port Corporation is required to comply with a direction under this section.\n> \n> > (4) If the Port Corporation considers that complying with any such direction may cause a significant variation in its approved financial outcomes, the Corporation must request the Minister to review the direction.\n> \n> > (5) A request for a review must be made within 7 days after the direction is given or within such other reasonable period as the Minister determines.\n> \n> > (6) If the Port Corporation requests such a review—\n> > \n> > > (a) the Corporation may request the Minister to provide it with a written record of the direction if it was not given in writing, and\n> > \n> > > (b) the Corporation is not to comply with the direction until notified of the Minister’s decision following the review.\n> \n> > (7) Following the review, the Minister may confirm or revoke the direction but the Minister is not to confirm the direction unless—\n> > \n> > > (a) the Minister has estimated the variation in the approved financial outcomes from the information supplied by the Port Corporation, and\n> > \n> > > (b) the Minister has referred the matter to the Treasurer, and\n> > \n> > > (c) the Treasurer has approved the direction.\n> \n> > (8) The Minister’s power to give directions to the Port Corporation under this section is in addition to the power of the Minister to give directions under section 20N, 20O or 20P of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134). Those sections of that Act do not apply to a direction of the Minister if the direction states that it is being given under this section.\n> \n> **s 10A:** Ins 2008 No 89, Sch 1 \\[4\\]; 2024 No 67, Sch 2\\[17\\]–\\[19\\].","sortOrder":17},{"sectionNumber":"10B","sectionType":"section","heading":null,"content":"#### 10B\n\n10B\n\n(Renumbered as sec 111)\n\n**s 10B:** Ins 2008 No 89, Sch 1 \\[4\\]. Am 2012 No 101, Sch 6.3 \\[2\\] \\[3\\]. Renumbered as sec 111, 2024 No 67, Sch 2\\[20\\].","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Operating licence for port safety functions of Port Corporation","content":"## Division 3 Operating licence for port safety functions of Port Corporation\n\nDivision 3 Operating licence for port safety functions of Port Corporation\n\n**pt 2, div 3, hdg:** Am 2024 No 67, Sch 2\\[21\\].","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of “port safety functions”","content":"#### 11 Meaning of “port safety functions”\n\n11 Meaning of “port safety functions”\n\n> In this Division, port safety functions means any or all of the following functions of the Minister—\n> \n> > (a) the function of providing or arranging for the provision of safety services in respect of ports (such as the installation and maintenance of navigation aids, vessel traffic control, pilotage services, the dredging and maintenance of navigation channels and hydrographic services),\n> \n> > (b) the function of providing or arranging for the provision of emergency environment protection services for dealing with pollution incidents in relevant waters,\n> \n> > (c) the function of carrying out investigations into marine accidents or incidents,\n> \n> > (d) any other function determined by the Minister and specified in an operating licence under this Division.","sortOrder":20},{"sectionNumber":"12","sectionType":"section","heading":"Exercise of port safety functions under operating licence","content":"#### 12 Exercise of port safety functions under operating licence\n\n12 Exercise of port safety functions under operating licence\n\n> > (1) The port safety functions exercisable by the Port Corporation are to be determined by the Minister.\n> \n> > (2) Any such port safety functions may only be exercised by the Port Corporation in accordance with an operating licence issued to the Port Corporation by the Minister.\n> \n> > (3) While the Port Corporation holds an operating licence, the Port Corporation must exercise the port safety functions to which it applies and must do so in accordance with the licence, the marine legislation and any other relevant Act or law.\n> \n> > (4) This Division does not limit the functions that may be delegated to the Port Corporation under this Act. This Division also does not limit the exercise of port safety functions by the Minister or their delegation under the marine legislation to others.\n> \n> **s 12:** Am 2006 No 84, Sch 1 \\[3\\]; 2024 No 67, Sch 2\\[22\\].","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Performance standards and quality assurance programs for services under operating licence","content":"#### 13 Performance standards and quality assurance programs for services under operating licence\n\n13 Performance standards and quality assurance programs for services under operating licence\n\n> > (1) An operating licence is to set out performance standards, and provide for quality assurance programs, for services to be provided by the Port Corporation in exercising port safety functions under the licence.\n> \n> > (2) The Minister may vary an operating licence by omitting a port safety function from the licence if satisfied that the Port Corporation has failed to perform the service concerned to the standard required under the licence.\n> \n> **s 13:** Am 2006 No 84, Sch 1 \\[4\\].","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Fee for operating licence and other financial provisions","content":"#### 14 Fee for operating licence and other financial provisions\n\n14 Fee for operating licence and other financial provisions\n\n> > (1) An operating licence is to make provision for the payment to the Minister by the Port Corporation of a periodic licence fee.\n> \n> > (2) An operating licence may make provision for the fixing and collection by, and payment to, the Port Corporation of navigation service charges in accordance with Part 5. The licence may provide for the remittance of any part of the amount collected to the Minister.","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Other provisions relating to operating licence","content":"#### 15 Other provisions relating to operating licence\n\n15 Other provisions relating to operating licence\n\n> > (1) An operating licence may impose conditions and restrictions on the exercise of port safety functions under the licence.\n> \n> > (2) The initial term of an operating licence is to be for a maximum of 5 years, as determined by the Minister. After the initial term, the Minister may renew an operating licence for a maximum of 5 years at a time (even if its term has expired).\n> \n> > (3) An operating licence may be varied by the Minister during its term by notice served on the Port Corporation.\n> \n> > (4) The Minister may cancel an operating licence for a contravention of the licence or in any other circumstances authorised by the licence.\n> \n> **s 15:** Am 2006 No 84, Sch 1 \\[5\\].","sortOrder":24},{"sectionNumber":"Division 4","sectionType":"division","heading":"Transfer of assets, rights and liabilities","content":"## Division 4 Transfer of assets, rights and liabilities\n\nDivision 4 Transfer of assets, rights and liabilities","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Port safety assets, rights and liabilities","content":"#### 17 Port safety assets, rights and liabilities\n\n17 Port safety assets, rights and liabilities\n\n> > (1) The Minister may direct, by order in writing, that such port safety assets, rights and liabilities of the Port Corporation, as are specified or referred to in the order, be transferred to Transport for NSW or to any other person on behalf of the State.\n> \n> > (2) The port safety assets, rights and liabilities are those designated as such when transferred to the Port Corporation by order of the Minister under this Act or any other assets, rights and liabilities that relate to the port safety functions of the Port Corporation and are designated as such in the most recent statement of corporate intent of the Port Corporation.\n> \n> > (3) An order under this section may be made on such terms and conditions as are specified or referred to in the order.\n> \n> > (4) Schedule 1 applies to an order under this section.\n> \n> **s 17:** Am 2000 No 53, Sch 2.13 \\[3\\]; 2006 No 58, Sch 1.22 \\[4\\]; 2024 No 67, Sch 2\\[24\\].","sortOrder":28},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous","content":"## Division 5 Miscellaneous\n\nDivision 5 Miscellaneous","sortOrder":29},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18 (Repealed)","sortOrder":30},{"sectionNumber":"19","sectionType":"section","heading":"Restriction on sale or disposal of transferred land","content":"#### 19 Restriction on sale or disposal of transferred land\n\n19 Restriction on sale or disposal of transferred land\n\n> For the purposes of section 20Y of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), the main undertaking of the Port Corporation includes land transferred to the Port Corporation by order under this Part.\n> \n> Note.\n> \n> Section 20Y of that Act prohibits the sale or disposal of any of the main undertakings of a statutory SOC (as described in its statement of corporate intent) without the prior written approval of the voting shareholders.\n> \n> **s 19:** Am 2024 No 67, Sch 2\\[25\\].","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":"Foundation charter of Port Corporation for purposes of SOC Act","content":"#### 20 Foundation charter of Port Corporation for purposes of SOC Act\n\n20 Foundation charter of Port Corporation for purposes of SOC Act\n\n> For the purposes of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), the foundation charter of the Port Corporation is this Part of this Act (but not the remainder of this Act).\n> \n> Note.\n> \n> Section 3 of that Act defines the foundation charter of a statutory SOC as the whole of the Act by which a SOC is established for the purposes of the SOC Act, in particular for the purpose of provisions relating to the legal capacity of statutory SOCs and assumptions that they have complied with that Act and their foundation charter.\n> \n> **s 20:** Am 2024 No 67, Sch 2\\[26\\].","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":"Consultation with Minister on appointment of directors of Port Corporation and on statement of corporate intent","content":"#### 21 Consultation with Minister on appointment of directors of Port Corporation and on statement of corporate intent\n\n21 Consultation with Minister on appointment of directors of Port Corporation and on statement of corporate intent\n\n> > (1) The voting shareholders of the Port Corporation are to consult the Minister about any proposed recommendation of the voting shareholders to appoint directors of the Port Corporation under section 20J of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134).\n> \n> > (2) The voting shareholders of the Port Corporation are also to consult the Minister about any proposed action of the voting shareholders concerning the preparation, completion or modification of the statement of corporate intent of the Port Corporation under section 21 of that Act.\n> \n> **s 21:** Am 2024 No 67, Sch 2\\[27\\].","sortOrder":34},{"sectionNumber":"21A","sectionType":"section","heading":"Payment of penalties to Port Corporation","content":"#### 21A Payment of penalties to Port Corporation\n\n21A Payment of penalties to Port Corporation\n\n> > (1) All penalties for offences against the marine legislation recovered in prosecutions brought by, or under penalty notices issued by, the Port Corporation or members of staff of the Port Corporation are payable to the Port Corporation.\n> \n> > (2) Penalties paid to the Port Corporation under this section become the property of the Port Corporation.\n> \n> **s 21A:** Ins 2002 No 75, Sch 2 \\[1\\]. Am 2024 No 67, Sch 2\\[28\\]–\\[30\\].\n> \n> **pt 3, div 1, hdg:** Rep 2000 No 53, Sch 2.13 \\[4\\].","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Interpretation of this Part","content":"#### 22 Interpretation of this Part\n\n22 Interpretation of this Part\n\n> Words and expressions used in this Part and also in the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) have the same meanings in this Part as they have in that Act.","sortOrder":36},{"sectionNumber":"Part 3","sectionType":"part","heading":"Marine safety and other functions of Minister","content":"# Part 3 Marine safety and other functions of Minister\n\nPart 3 Marine safety and other functions of Minister","sortOrder":37},{"sectionNumber":"23","sectionType":"section","heading":"Functions under marine legislation","content":"#### 23 Functions under marine legislation\n\n23 Functions under marine legislation\n\n> The Minister has such functions as are conferred or imposed on the Minister by or under the marine legislation.\n> \n> **s 23:** Am 1998 No 121, Sch 3.7 \\[3\\].","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Minister’s marine safety and amenity functions generally","content":"#### 24 Minister’s marine safety and amenity functions generally\n\n24 Minister’s marine safety and amenity functions generally\n\n> > (1) The Minister has general responsibility for marine safety and amenity, including—\n> > \n> > > (a) the safe operation of recreational and commercial vessels, and\n> > \n> > > (b) the safety of navigation in ports and other navigable waters, and\n> > \n> > > (c) the protection of the environment in connection with the use of vessels in State waters, and\n> > \n> > > (d) the maintenance and improvement of the amenity of navigable waters.\n> \n> > (2) In this section—\n> > \n> > State waters has the same meaning as in the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005).\n> \n> **s 24:** Am 2012 No 5, Sch 1.4 \\[2\\]. Subst 2024 No 67, Sch 2\\[31\\].","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Minister’s particular marine safety and amenity functions","content":"#### 25 Minister’s particular marine safety and amenity functions\n\n25 Minister’s particular marine safety and amenity functions\n\n> > (1) Without limiting the functions of the Minister under section 24, the Minister has the following particular marine safety and amenity functions—\n> > \n> > > (a) to provide and maintain marine safety infrastructure and services,\n> > \n> > > (b) to provide and maintain other infrastructure and services—\n> > > \n> > > > (i) for use by vessels and maritime-related industries, or\n> > > \n> > > > (ii) that otherwise contribute to the amenity of navigable waters,\n> > \n> > > (c) to investigate marine accidents and incidents,\n> > \n> > > (d) to provide and maintain emergency environment protection services for dealing with pollution incidents in State waters.\n> \n> > (2) The following are examples of the infrastructure and services that may be provided under this section—\n> > \n> > > (a) the installation and maintenance of navigation aids,\n> > \n> > > (b) vessel traffic control within ports,\n> > \n> > > (c) pilotage services within ports,\n> > \n> > > (d) the dredging and maintenance of navigation channels,\n> > \n> > > (e) the removal of debris from Sydney Harbour and other waterways,\n> > \n> > > (f) the maintenance of waterways infrastructure, including river entrance management infrastructure, river training walls and vessel maintenance facilities,\n> > \n> > > (g) hydrographic services,\n> > \n> > > (h) moorings for vessels,\n> > \n> > > (i) wharves, piers, jetties and boat ramps,\n> > \n> > > (j) waste pump-out facilities for vessels,\n> > \n> > > (k) firefighting and rescue services relating to vessels and navigable waters.\n> \n> > (3) The exercise of a function under this section is subject to applicable provisions of the marine legislation and other legislation.\n> \n> > (4) In this section—\n> > \n> > State waters has the same meaning as in the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005).\n> \n> **s 25:** Am 1998 No 121, Sch 3.7 \\[5\\] \\[6\\]; 2012 No 5, Sch 1.4 \\[3\\]. Subst 2024 No 67, Sch 2\\[31\\].","sortOrder":40},{"sectionNumber":"26","sectionType":"section","heading":"Management of trading ports not managed by Port Corporation","content":"#### 26 Management of trading ports not managed by Port Corporation\n\n26 Management of trading ports not managed by Port Corporation\n\n> > (1) The Minister has the function of managing, or arranging for the management of, the commercial port facilities of the State that are not managed by the Port Corporation.\n> \n> > (2) Those commercial port facilities comprise the port facilities that are vested in Transport for NSW. They also comprise any port facilities that are vested in another State authority and that the Minister has undertaken to manage with the agreement of that other State authority.\n> \n> > (3) The Minister may establish committees to advise it on the management of those facilities.\n> \n> > (4) The Minister may, by order in writing, direct that such assets, rights and liabilities of any commercial port facilities managed by the Minister under this section as are specified or referred to in the order be transferred to the Port Corporation so specified. Schedule 1 applies to such an order.\n> \n> > (5) Assets, rights or liabilities may not be transferred under this section to the Port Corporation unless the Port Corporation is a statutory State owned corporation.\n> \n> > (6) Section 20C of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) does not apply to the transfer of assets, rights or liabilities under this section.\n> \n> **s 26:** Am 2000 No 53, Sch 2.13 \\[3\\]; 2006 No 58, Sch 1.22 \\[4\\]; 2011 No 41, Sch 2 \\[3\\] \\[4\\]; 2024 No 67, Sch 2\\[32\\] \\[33\\].","sortOrder":41},{"sectionNumber":"26A","sectionType":"section","heading":"Minister may enter into contract for provision of pilotage services not provided by Port Corporation","content":"#### 26A Minister may enter into contract for provision of pilotage services not provided by Port Corporation\n\n26A Minister may enter into contract for provision of pilotage services not provided by Port Corporation\n\n> > (1) The Minister may enter into a contract with a person (a contractor) for the provision by that person of pilotage services at any port. Contracts may be entered into with different persons for the provision of pilotage services at different ports.\n> \n> > (2) This section does not apply to pilotage services that are provided by the Port Corporation under an operating licence (whether directly or by way of a subsidiary).\n> \n> > (3) The Minister is required to call public tenders for a contract under this section.\n> \n> > (4) A contract under this section must include such provisions as the Minister thinks necessary or desirable to be included for ensuring compliance with the marine legislation or the National law and the provision of the pilotage services required in the port concerned.\n> \n> > (5) Without limiting subsection (1), such a contract is to—\n> > \n> > > (a) specify the level of pilotage services to be provided under the contract, and\n> > \n> > > (b) set out performance standards, and quality assurance programs, for pilotage services to be provided under the contract, and\n> > \n> > > (c) provide for the fixing and collection by, and payment to, the contractor of pilotage charges in accordance with Part 5, and\n> > \n> > > (d) specify the amount of consideration to be paid to the Minister by the contractor under the contract (such an amount may be calculated on the basis of a proportion of the pilotage charges payable to the contractor for the provision of pilotage services), and\n> > \n> > > (e) require the contractor to keep records of the pilotage services provided by the contractor and the amounts charged and paid in respect of those services, and\n> > \n> > > (f) empower the Minister and any person authorised by the Minister to inspect those records, and\n> > \n> > > (g) require the contractor to provide information, as and when the Minister requires, as to the costs incurred by the contractor in providing pilotage services at a port concerned, and\n> > \n> > > (h) empower the Minister to terminate or suspend the contract on the ground that the contractor is unable to provide pilotage services at the level referred to in paragraph (a) or has contravened the marine legislation or the National law, or on any other specified ground.\n> \n> **s 26A:** Ins 1998 No 121, Sch 3.7 \\[7\\] (am 2002 No 112, Sch 1.15 \\[4\\]). Am 2012 No 90, Sch 2.13 \\[3\\]; 2024 No 67, Sch 2\\[34\\].","sortOrder":42},{"sectionNumber":"27","sectionType":"section","heading":"Delegation of functions by Minister","content":"#### 27 Delegation of functions by Minister\n\n27 Delegation of functions by Minister\n\n> > (1) The Minister may delegate to an authorised person any of the following functions, other than this power of delegation—\n> > \n> > > (a) any function of the Minister under the marine legislation,\n> > \n> > > (b) any function conferred by or under any Act on the Minister in his or her capacity as the Minister administering this Act.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the Minister if the delegate is authorised in writing to do so by the Minister.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) Transport for NSW or a member of the staff (or a person seconded to the staff) of Transport for NSW, or\n> > \n> > > (b) the Port Corporation or a member of the staff (or a person seconded to the staff) of the Port Corporation, or\n> > \n> > > (c) a harbour master or acting harbour master, or\n> > \n> > > (d) a Public Service employee, or\n> > \n> > > (e) any person of a class prescribed by the regulations.\n> \n> **s 27:** Am 2006 No 58, Sch 1.22 \\[4\\]; 2006 No 84, Sch 1 \\[6\\]; 2012 No 101, Sch 6.3 \\[4\\]; 2015 No 15, Sch 3.46 \\[1\\]; 2024 No 67, Sch 2\\[27\\].\n> \n> **pt 3, div 2, hdg:** Rep 2000 No 53, Sch 2.13 \\[4\\].","sortOrder":43},{"sectionNumber":"28","sectionType":"section","heading":"Minister may contract for supply of services","content":"#### 28 Minister may contract for supply of services\n\n28 Minister may contract for supply of services\n\n> > (1) The Minister may enter into contracts for the supply of services required to be provided by the Minister in the exercise of the functions of the Minister referred to in this Division.\n> \n> > (2) This section does not affect any other power of the Minister to enter into a contract for the supply of services.","sortOrder":44},{"sectionNumber":"29","sectionType":"section","heading":null,"content":"#### 29\n\n29–32 (Repealed)","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Acquisition of land by Minister","content":"#### 33 Acquisition of land by Minister\n\n33 Acquisition of land by Minister\n\n> > (1) The Minister may, for the purposes of the marine legislation, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) Without limiting subsection (1), land may be so acquired for the purposes of the Minister under the marine legislation, Transport for NSW or the Port Corporation.\n> \n> > (2A) Land so acquired for the purposes of Transport for NSW may be transferred to Transport for NSW, but only if Transport for NSW makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).\n> \n> > (3) Land so acquired for the purposes of the Port Corporation may be transferred to the Port Corporation or a subsidiary of the Port Corporation, but only if the Port Corporation or subsidiary makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).\n> \n> > (4) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (5) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this Act.\n> \n> **s 33:** Am 2000 No 53, Sch 2.13 \\[6\\] \\[7\\]; 2006 No 58, Sch 1.22 \\[4\\]; 2020 No 30, Sch 4.74\\[4\\]; 2024 No 67, Sch 2\\[36\\] \\[37\\].","sortOrder":47},{"sectionNumber":"34","sectionType":"section","heading":"Maritime Advisory Council","content":"#### 34 Maritime Advisory Council\n\n34 Maritime Advisory Council\n\n> > (1) The Minister may, subject to and in accordance with the regulations, establish a Maritime Advisory Council.\n> \n> > (2) The members of the Maritime Advisory Council are to be appointed by the Minister in accordance with the regulations, and must include—\n> > \n> > > (a) a union representative for port workers, and\n> > \n> > > (b) a union representative for crew of vessels operating in NSW ports.\n> \n> > (3) The regulations may make provision for or with respect to the membership and procedure of the Maritime Advisory Council.\n> \n> > (4) The Maritime Advisory Council has the following functions—\n> > \n> > > (a) to advise the Minister on any matter that is referred to it by the Minister in connection with the operation of the marine legislation or the National law,\n> > \n> > > (b) to advise, and make recommendations to, the Minister on the following—\n> > > \n> > > > (i) maritime safety,\n> > > \n> > > > (ii) expenditure priorities for the exercise of TfNSW’s functions in connection with maritime infrastructure, maritime property and maritime research.\n> \n> **s 34:** Rep 2000 No 53, Sch 2.13 \\[5\\]. Ins 2011 No 41, Sch 2 \\[5\\]. Am 2012 No 90, Sch 2.13 \\[4\\]; 2020 No 30, Sch 4.74\\[5\\]; 2024 No 67, Sch 2\\[38\\] \\[39\\].","sortOrder":48},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Private ports","content":"# Part 3A Private ports\n\nPart 3A Private ports\n\n**pt 3A, hdg:** Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":49},{"sectionNumber":"35","sectionType":"section","heading":"Application","content":"#### 35 Application\n\n35 Application\n\n> This Part applies only to and in respect of a private port.\n> \n> **s 35:** Am 2006 No 58, Sch 1.22 \\[4\\] \\[7\\]. Rep 2011 No 41, Sch 2 \\[7\\]. Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":51},{"sectionNumber":"36","sectionType":"section","heading":"Definition","content":"#### 36 Definition\n\n36 Definition\n\n> In this Part—\n> \n> port operator directions means port operator directions given under Division 2.\n> \n> **s 36:** Am 2006 No 58, Sch 1.22 \\[4\\]. Rep 2011 No 41, Sch 2 \\[7\\]. Ins 2012 No 101, Sch 6.3 \\[5\\]. Am 2016 No 28, Sch 2 \\[2\\].","sortOrder":52},{"sectionNumber":"37","sectionType":"section","heading":"Directions to maintain or improve safety and security","content":"#### 37 Directions to maintain or improve safety and security\n\n37 Directions to maintain or improve safety and security\n\n> > (1) The port operator of a private port may, for the purpose of maintaining or improving safety and security at the port, give directions under this section (port operator directions) that regulate any of the following activities in the landside port precinct at the port—\n> > \n> > > (a) the driving, stopping and parking of vehicles,\n> > \n> > > (b) the movement, handling or storage of goods,\n> > \n> > > (c) any activity that may pose a risk to safety or security at the port.\n> \n> > (2) The power to regulate an activity includes the power to prohibit the activity.\n> \n> > (3) A port operator direction may be of general application or may be limited in its application to specified persons or a specified class of persons.\n> \n> > (4) In this section—\n> > \n> > landside port precinct at a port means—\n> > \n> > > (a) land at the port that is not covered by water and that is the subject of a relevant port lease, and\n> > \n> > > (b) any wharf or other structure built at the port on or over land covered by water that is adjacent to land referred to in paragraph (a), and\n> > \n> > > (c) land leased to the port operator that is contiguous with land referred to in paragraph (a).\n> > \n> > relevant port lease means—\n> > \n> > > (a) for Botany Bay—a lease to the port operator of land in the Cities of Botany Bay and Randwick that comprised ports assets under the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101) before being leased to the private sector for the purposes of an authorised transaction under that Act, or\n> > \n> > > (b) for Port Kembla—a lease to the port operator of land at Port Kembla that comprised ports assets under the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101) before being leased to the private sector for the purposes of an authorised transaction under that Act, or\n> > \n> > > (c) for Port of Newcastle—a lease to the port operator of land at Port of Newcastle that comprised ports assets under the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101) before being leased to the private sector for the purposes of an authorised transaction under that Act.\n> \n> > (5) Land is contiguous with other land if it adjoins the other land (or would adjoin the other land were it not separated from the other land by a road, rail corridor or easement) or it is in close proximity to the other land.\n> \n> > (6) A certificate issued by the Minister or by the port operator of a private port certifying that specified land is or is not part of the landside port precinct at a port is evidence of the matter certified.\n> \n> **s 37:** Am 2006 No 58, Sch 1.22 \\[4\\]. Rep 2011 No 41, Sch 2 \\[7\\]. Ins 2012 No 101, Sch 6.3 \\[5\\]. Am 2013 No 52, Sch 2 \\[2\\]; 2024 No 67, Sch 2\\[40\\].","sortOrder":54},{"sectionNumber":"38","sectionType":"section","heading":"How port operator directions are given","content":"#### 38 How port operator directions are given\n\n38 How port operator directions are given\n\n> > (1) A port operator direction may be given in any of the following ways—\n> > \n> > > (a) by notice displayed in the area at the port where the direction applies,\n> > \n> > > (b) by notice published on the port operator’s website,\n> > \n> > > (c) by notice served on the person or persons to whom the direction applies.\n> \n> > (2) A port operator direction given by notice published on the port operator’s website is of no effect until a copy of the notice has been published in the Gazette.\n> \n> > (3) Before a port operator direction is given, not less than 1 week’s advance notice of the proposed direction must be given—\n> > \n> > > (a) to the harbour master for the port, and\n> > \n> > > (b) if the direction relates to dangerous goods to which the [Ports and Maritime Administration Regulation 2021](/view/html/inforce/current/sl-2021-0444), Part 7 applies—to the Minister.\n> \n> > (4) Advance notice of a proposed port operator direction under subsection (3) must be given by—\n> > \n> > > (a) delivering the notice to the office of the harbour master or the Minister, or\n> > \n> > > (b) sending the notice by post to the office of the harbour master or the Minister, or\n> > \n> > > (c) sending the notice by email to an email address specified by the harbour master or the Minister for the service of notices of that kind.\n> \n> > (5) Advance notice of a proposed port operator direction is not required if the direction is given in an emergency or is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property. In such a case, notice of the work being undertaken must be given as soon as reasonably practicable in the circumstances.\n> \n> **s 38:** Am 2006 No 58, Sch 1.22 \\[4\\]. Rep 2011 No 41, Sch 2 \\[7\\]. Ins 2012 No 101, Sch 6.3 \\[5\\]. Am 2024 No 67, Sch 2\\[41\\]–\\[43\\].","sortOrder":55},{"sectionNumber":"39","sectionType":"section","heading":"Enforcement of port operator directions","content":"#### 39 Enforcement of port operator directions\n\n39 Enforcement of port operator directions\n\n> > (1) A person must comply with a port operator direction, except to the extent that compliance would result in the contravention of a requirement imposed by or under an Act.\n> > \n> > Maximum penalty—30 penalty units.\n> \n> > (2) The port operator may enforce compliance with a port operator direction in any of the following ways—\n> > \n> > > (a) by removing from the port any person who is contravening the direction,\n> > \n> > > (b) by removing from the port or moving within the port any vehicle that is stopped or parked in contravention of the direction,\n> > \n> > > (c) by removing from the port or moving within the port any goods stored in contravention of the direction,\n> > \n> > > (d) by carrying out any work at the port that a person has failed to carry out in contravention of the direction or that is reasonably required to be carried out to remedy a contravention of the direction.\n> \n> > (3) The power to remove or move a vehicle or goods from or within the port includes the power to place the vehicle or goods in secure storage pending return of the vehicle or goods to their owner.\n> \n> > (4) The port operator is entitled to recover as a debt the reasonable costs incurred by the port operator in enforcing compliance with a port operator direction. Those costs are recoverable from the person whose contravention of the direction resulted in those costs being incurred.\n> \n> > (5) A certificate issued by the port operator certifying as to the reasonable costs incurred by the port operator in enforcing compliance with a port operator direction is evidence of the matters certified.\n> \n> > (6) Anything done by or on behalf of a port operator reasonably and in good faith to enforce compliance with a port operator direction as permitted by this Division does not subject the port operator or any other person to any action, liability, claim or demand.\n> \n> **s 39:** Am 2006 No 58, Sch 1.22 \\[4\\]. Rep 2011 No 41, Sch 2 \\[7\\]. Ins 2012 No 101, Sch 6.3 \\[5\\]. Am 2024 No 67, Sch 2\\[44\\].","sortOrder":56},{"sectionNumber":"40","sectionType":"section","heading":"Advance notice of proposed work","content":"#### 40 Advance notice of proposed work\n\n40 Advance notice of proposed work\n\n> > (1) The port operator is not authorised to enforce compliance with a port operator direction by carrying out work that a person has failed to carry out in contravention of the direction or that is reasonably required to be carried out to remedy a contravention by a person of the direction unless the port operator has given the person advance notice of the proposed work.\n> \n> > (2) Advance notice of proposed work must be given no less than 7 days before the work commences, must be given in writing and must give details of the alleged contravention concerned.\n> \n> > (3) Advance notice of proposed work is not required in an emergency or where the proposed work is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property.\n> \n> **s 40:** Subst 2006 No 2, Sch 4.52 \\[1\\]. Am 2006 No 58, Sch 1.22 \\[4\\]. Rep 2011 No 41, Sch 2 \\[7\\]. Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":57},{"sectionNumber":"40A","sectionType":"section","heading":"Power of entry","content":"#### 40A Power of entry\n\n40A Power of entry\n\n> The port operator may enter any land or premises at the port at any time for the purpose of—\n> \n> > (a) ascertaining whether port operator directions are being complied with or have been contravened, or\n> \n> > (b) doing anything that the port operator is authorised to do to enforce compliance with a port operator direction.\n> \n> **s 40A:** Ins 2000 No 53, Sch 2.13 \\[8\\]. Rep 2011 No 41, Sch 2 \\[7\\]. Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":58},{"sectionNumber":"40B","sectionType":"section","heading":"Functions exercisable by authorised officers","content":"#### 40B Functions exercisable by authorised officers\n\n40B Functions exercisable by authorised officers\n\n> > (1) The functions of a port operator under this Division can be exercised on behalf of the port operator by an authorised officer who is an officer, employee or agent of the port operator.\n> \n> > (2) Accordingly, a reference in this section to a port operator direction includes such a direction given by an authorised officer on behalf of the port operator.\n> \n> > (3) An authorised officer who enters land or premises under the authority of this Division may be accompanied by any person believed by the authorised officer to be capable of providing assistance in the exercise of the authorised officer’s functions under this Division.\n> \n> > (4) An authorised officer may request the assistance of any police officer if the authorised officer reasonably believes that the exercise of the authorised officer’s functions under this Division will be obstructed or otherwise interfered with.\n> \n> **ss 40B–40D:** Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":59},{"sectionNumber":"40C","sectionType":"section","heading":"Obstruction of authorised officer","content":"#### 40C Obstruction of authorised officer\n\n40C Obstruction of authorised officer\n\n> A person must not obstruct or otherwise interfere with an authorised officer in the exercise of any function of the authorised officer under this Division.\n> \n> Maximum penalty—50 penalty units.\n> \n> **ss 40B–40D:** Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":60},{"sectionNumber":"40D","sectionType":"section","heading":"Monitoring of port operator directions","content":"#### 40D Monitoring of port operator directions\n\n40D Monitoring of port operator directions\n\n> > (1) The port operator of a private port must within 3 months after the end of each 6 month period ending on 30 June or 31 December in a year (beginning with the year 2013) provide details to the Minister of such of the following matters (reportable matters) as occurred in the period concerned—\n> > \n> > > (a) the giving of a port operator direction by the port operator,\n> > \n> > > (b) any port operator direction given by the port operator ceasing to have effect,\n> > \n> > > (c) any contravention of which the port operator is aware of a port operator direction given by the port operator,\n> > \n> > > (d) any exercise by the port operator of the power under section 40A to enter land or premises,\n> > \n> > > (e) any action taken by the port operator to enforce compliance with a port operator direction (being action authorised to be taken under this Part).\n> \n> > (2) The port operator must also provide details of reportable matters to the Minister as and when directed to do so by the Minister by notice in writing to the port operator. The notice must allow not less than 21 days for compliance with the direction.\n> \n> > (3) Information required to be provided by or under this section must be provided in such manner and form as the Minister may from time to time direct by notice in writing to the port operator.\n> \n> > (4) The Minister may from time to time publish reports and statements, based on information provided to the Minister under this section about reportable matters, subject to the following requirements—\n> > \n> > > (a) any such report or statement must not include information that identifies a person (or is likely to lead to the identification of a person) as a person who has contravened a port operator direction,\n> > \n> > > (b) the Minister must provide the port operator with a copy of the proposed report or statement at least 14 days before it is published.\n> \n> > (5) No liability (including liability in defamation) is incurred for publishing in good faith a report or statement under this section or a fair report or summary of such a report or statement.\n> \n> **ss 40B–40D:** Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":61},{"sectionNumber":"40E","sectionType":"section","heading":"Power to require information to be provided","content":"#### 40E Power to require information to be provided\n\n40E Power to require information to be provided\n\n> > (1) The port operator of a private port may by direction in writing (an information direction) require any of the following persons to provide relevant information to the port operator—\n> > \n> > > (a) the master of any ship that berths at the port or adjacent port facilities,\n> > \n> > > (b) a shipping agent for goods shipped to, from or within the port or adjacent port facilities,\n> > \n> > > (c) a consignor or consignee of goods shipped to, from or within the port or adjacent port facilities,\n> > \n> > > (d) an operator of stevedoring or other facilities at the port or adjacent port facilities.\n> \n> > (2) Information is relevant information if it is information that the port operator reasonably requires for any of the following allowable purposes—\n> > \n> > > (a) monitoring compliance with port operator directions,\n> > \n> > > (b) determining liability for and the amount of, and facilitating the collection of, port charges,\n> > \n> > > (c) compiling statistics that the port operator is authorised or required to compile,\n> > \n> > > (d) co-ordinating communication at the port,\n> > \n> > > (e) any purpose prescribed by the regulations in connection with the operation and management of the port.\n> \n> > (3) An information direction must allow a reasonable period of not less than 14 days for compliance with the direction unless the direction is given in response to an emergency or to avert an imminent threat of death or serious injury to persons or serious damage to property (in which case compliance is required as soon as reasonably practicable).\n> \n> > (4) In this section, adjacent port facilities means any wharf adjacent to the waters of a private port.\n> \n> **pt 3A, div 3 (ss 40E–40G):** Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":63},{"sectionNumber":"40F","sectionType":"section","heading":"Use and disclosure of information collected","content":"#### 40F Use and disclosure of information collected\n\n40F Use and disclosure of information collected\n\n> A port operator is authorised to use and disclose information provided to the port operator in compliance with an information direction for any allowable purpose for which the port operator is authorised to require the information.\n> \n> **pt 3A, div 3 (ss 40E–40G):** Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":64},{"sectionNumber":"40G","sectionType":"section","heading":"Compliance with information direction","content":"#### 40G Compliance with information direction\n\n40G Compliance with information direction\n\n> > (1) A person must not without reasonable excuse fail to comply with an information direction given to the person.\n> > \n> > Maximum penalty—500 penalty units in the case of a corporation and 100 penalty units in any other case.\n> \n> > (2) A person must not in purported compliance with an information direction given to the person provide information that the person knows is false or misleading in a material particular.\n> > \n> > Maximum penalty—500 penalty units in the case of a corporation and 100 penalty units in any other case.\n> \n> > (3) Compliance with an information direction is required even if compliance would breach a duty of confidentiality. A duty of confidentiality is not a reasonable excuse for failure to comply with an information direction.\n> \n> > (4) The provision of information that would otherwise constitute a breach of a duty of confidentiality does not constitute such a breach if the information is provided in compliance with an information direction.\n> \n> **pt 3A, div 3 (ss 40E–40G):** Ins 2012 No 101, Sch 6.3 \\[5\\].","sortOrder":65},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions etc of TfNSW","content":"# Part 4 Functions etc of TfNSW\n\nPart 4 Functions etc of TfNSW\n\n**pt 4, hdg:** Am 2006 No 58, Sch 1.22 \\[5\\]; 2011 No 41, Sch 2 \\[6\\]; 2020 No 30, Sch 4.74\\[6\\].","sortOrder":66},{"sectionNumber":"41","sectionType":"section","heading":"Functions of TfNSW","content":"#### 41 Functions of TfNSW\n\n41 Functions of TfNSW\n\n> > (1) The principal maritime functions of Transport for NSW are as follows—\n> > \n> > > (a) 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,\n> > \n> > > (b) to exercise functions in relation to the implementation of the National law,\n> > \n> > > (c) to manage property vested in it.\n> \n> > (2) Transport for NSW has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (3) Transport for NSW may—\n> > \n> > > (a) for the purpose of exercising its functions, acquire, use, lease or dispose of land, buildings, vessels, equipment and other assets, and\n> > \n> > > (a1) hold on behalf of the State, retain, transfer and dispose of assets, rights and liabilities transferred to it under this Act,\n> > \n> > > (a2) carry on any activity or business that relates to the assets, rights and liabilities transferred to it or that is incidental or ancillary to the assets, right and liabilities transferred to it,\n> > \n> > > (a3) develop and manage land transferred to it under this Act or otherwise acquired by it,\n> > \n> > > (b) for the purpose of exercising its functions, enter into any contracts or arrangements for the carrying out of any works or the performance of services or the supply of goods or materials, and\n> > \n> > > (c) for the purpose of exercising its functions, appoint agents and act as agent for other persons, and\n> > \n> > > (d) do all such things as are supplemental or incidental to the exercise of its functions, and\n> > \n> > > (e) exercise its functions within or outside New South Wales.\n> \n> > (4) (Repealed)\n> \n> **s 41:** Am 2000 No 53, Sch 2.13 \\[9\\] \\[10\\]; 2006 No 2, Sch 4.52 \\[2\\]; 2006 No 58, Sch 1.22 \\[4\\]; 2006 No 84, Sch 1 \\[7\\]; 2011 No 41, Sch 2 \\[8\\] \\[9\\]; 2012 No 90, Sch 2.13 \\[5\\]; 2015 No 15, Sch 3.46 \\[2\\]; 2020 No 30, Sch 4.74\\[4\\].","sortOrder":69},{"sectionNumber":"41A","sectionType":"section","heading":null,"content":"#### 41A\n\n41A (Repealed)","sortOrder":70},{"sectionNumber":"42","sectionType":"section","heading":"Waterways Fund","content":"#### 42 Waterways Fund\n\n42 Waterways Fund\n\n> > (1) There is established a fund to be called the Waterways Fund.\n> \n> > (1A) To avoid doubt, the Waterways Fund is taken to have been established (and always to have been established) in the Special Deposits Account.\n> \n> > (2) There is payable into the Waterways Fund—\n> > \n> > > (a) all money received by Transport for NSW in connection with the exercise of its functions under section 41, and\n> > \n> > > (b) all penalties recovered for offences against the marine legislation or the National law that are recovered in prosecutions brought by (or penalty notices issued by) any person except where the penalty is payable to the Port Corporation under section 21A, and\n> > \n> > > (c) all interest received in respect of the investment of money belonging to the Fund, and\n> > \n> > > (d) all money borrowed by Transport for NSW in connection with the exercise of its functions under section 41, and\n> > \n> > > (e) all money appropriated by Parliament for the purposes of Transport for NSW in connection with the exercise of its functions under section 41, and\n> > \n> > > (f) all money directed to be paid into the Fund by this or any other Act.\n> \n> > (3) The Minister may, with the concurrence of the Treasurer, determine whether money received by Transport for NSW in the exercise of functions delegated to it by the Minister is to be paid into the Consolidated Fund or the Waterways Fund.\n> \n> > (4) There is payable from the Waterways Fund—\n> > \n> > > (a) all payments made on account of Transport for NSW in respect of its functions under this Act or otherwise required to meet the expenditure incurred in relation to the functions of Transport for NSW under this Act, and\n> > \n> > > (aa) payments authorised by the Minister to fund the Minister’s functions relating to marine safety and the provision of infrastructure and services for vessels, and\n> > \n> > > (b) the remuneration (including allowances) of staff of Transport for NSW engaged in the administration of this Act, and\n> > \n> > > (c) all money directed to be paid from the Fund by this or any other Act.\n> \n> > (5) (Repealed)\n> \n> **s 42:** Am 1996 No 24, Sch 1; 1998 No 121, Sch 3.7 \\[8\\]; 2002 No 75, Sch 2 \\[2\\]; 2006 No 58, Sch 1.22 \\[4\\]; 2011 No 41, Sch 2 \\[11\\] \\[12\\]; 2012 No 90, Sch 2.13 \\[6\\]; 2018 No 70, Sch 4.83 \\[1\\] \\[2\\]; 2024 No 67, Sch 2\\[45\\].","sortOrder":73},{"sectionNumber":"43","sectionType":"section","heading":"Investment","content":"#### 43 Investment\n\n43 Investment\n\n> Transport for NSW may invest money in the Waterways Fund—\n> \n> > (a) if Transport for NSW is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that Transport for NSW is permitted to invest money under that Part, or\n> \n> > (b) if Transport for NSW is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in accordance with the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) or in any other way approved by the Minister with the concurrence of the Treasurer.\n> \n> **s 43:** Am 2006 No 58, Sch 1.22 \\[4\\]. Subst 2018 No 70, Sch 3.49.","sortOrder":74},{"sectionNumber":"43A","sectionType":"section","heading":"Exclusion of Dividing Fences Act 1991","content":"#### 43A Exclusion of Dividing Fences Act 1991\n\n43A Exclusion of [Dividing Fences Act 1991](/view/html/inforce/current/act-1991-072)\n\n> The [Dividing Fences Act 1991](/view/html/inforce/current/act-1991-072) does not apply to or in respect of so much of a sea retaining wall that separates land vested in Transport for NSW or Port Authority of New South Wales from land of another owner.\n> \n> **s 43A:** Ins 2016 No 28, Sch 2 \\[3\\].","sortOrder":75},{"sectionNumber":"43B","sectionType":"section","heading":"Land vested in TfNSW or Port Authority of NSW taken to be Crown land for certain purposes","content":"#### 43B Land vested in TfNSW or Port Authority of NSW taken to be Crown land for certain purposes\n\n43B Land vested in TfNSW or Port Authority of NSW taken to be Crown land for certain purposes\n\n> For the purposes of the [Mining Act 1992](/view/html/inforce/current/act-1992-029), the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042) and the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084), land vested in Transport for NSW or Port Authority of New South Wales is taken to be and to have always been Crown land.\n> \n> **s 43B:** Ins 2016 No 28, Sch 2 \\[3\\]. Am 2020 No 30, Sch 4.74\\[7\\].","sortOrder":76},{"sectionNumber":"43C","sectionType":"section","heading":"Grant of rights of way under the Petroleum (Onshore) Act 1991","content":"#### 43C Grant of rights of way under the Petroleum (Onshore) Act 1991\n\n43C Grant of rights of way under the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084)\n\n> > (1) Subject to this section, section 106 of the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) does not extend to land that is vested in Transport for NSW or Port Authority of New South Wales.\n> \n> > (2) Subsection (1) does not apply if—\n> > \n> > > (a) an application is made under section 106 of the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) for a right of way, and\n> > \n> > > (b) Transport for NSW is notified of the application and is furnished with such information with respect to the application as it reasonably requires, and\n> > \n> > > (c) Transport for NSW, within one month after being notified of the application or within such further time as the Secretary of the Department of Industry, Skills and Regional Development may specify—\n> > > \n> > > > (i) notifies that Secretary that Transport for NSW is not prepared to grant to the applicant a right of way in substitution for the right of way applied for, or\n> > > \n> > > > (ii) notifies that Secretary that Transport for NSW and the applicant are unable to reach agreement as to the terms and conditions on which Transport for NSW will grant such a right of way.\n> \n> **s 43C:** Ins 2016 No 28, Sch 2 \\[3\\].","sortOrder":77},{"sectionNumber":"43D","sectionType":"section","heading":"Leases and licences under other Acts","content":"#### 43D Leases and licences under other Acts\n\n43D Leases and licences under other Acts\n\n> > (1) The Secretary of the Department of Industry, Skills and Regional Development must give to Transport for NSW at least 21 days notice of any proposal to grant any lease or licence under the [Mining Act 1992](/view/html/inforce/current/act-1992-029), the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042) or the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) in respect of any land—\n> > \n> > > (a) vested in Transport for NSW or Port Authority of New South Wales, or\n> > \n> > > (b) contained in that part of the bed and shores of any area of water specified in an order in force under section 85D (2).\n> \n> > (2) The Secretary of the Department of Industry, Skills and Regional Development must give Transport for NSW at least 21 days notice of any proposal to grant any aquaculture lease under Part 6 of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) in respect of any land referred to in subsection (1).\n> \n> > (3) If, despite representations of Transport for NSW to the contrary, it is decided that any such lease or licence is to be granted, Transport for NSW must be notified accordingly and may, within 14 days of such notice, refer the dispute to the Minister.\n> \n> > (4) A dispute referred to in subsection (3) is to be resolved by the Minister in consultation with any other responsible Ministers. If a resolution cannot be reached the dispute is to be resolved by the Premier.\n> \n> **s 43D:** Ins 2016 No 28, Sch 2 \\[3\\].","sortOrder":78},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Safety directions","content":"# Part 4A Safety directions\n\nPart 4A Safety directions\n\n**pt 4A:** Ins 2016, No 28, Sch 2 \\[4\\].","sortOrder":79},{"sectionNumber":"43E","sectionType":"section","heading":"Directions to maintain or improve safety and security","content":"#### 43E Directions to maintain or improve safety and security\n\n43E Directions to maintain or improve safety and security\n\n> > (1) The regulations may make provision for or with respect to maintaining or improving safety and security at a port (other than a private port) or wharf owned by Transport for NSW or the Port Authority of New South Wales, including any of the following activities in the landside precinct at the port or wharf—\n> > \n> > > (a) the movement, handling or storage of goods,\n> > \n> > > (b) the conduct of any person or class of persons,\n> > \n> > > (c) any activity that may pose a risk to safety or security at the port or wharf.\n> \n> > (2) Subject to the regulations, Transport for NSW or the Port Authority of New South Wales may, for the purpose of maintaining or improving safety and security at a port (other than a private port) or wharf owned by Transport for NSW or the Port Authority of New South Wales, give directions (safety directions) that regulate any of the following activities in the landside precinct at the port or wharf—\n> > \n> > > (a) the driving, stopping and parking of vehicles,\n> > \n> > > (b) the movement, handling or storage of goods,\n> > \n> > > (c) the conduct of any person or class of persons,\n> > \n> > > (d) any activity that may pose a risk to safety or security at the port or wharf.\n> \n> > (3) The power to regulate an activity includes the power to prohibit the activity.\n> \n> > (4) A safety direction may be of general application or may be limited in its application to specified persons or a specified class of persons.\n> \n> > (5) A certificate issued by the Minister or by Transport for NSW certifying that specified land is or is not part of the landside precinct at a port or wharf is evidence of the matter certified.\n> \n> > (6) In this section—\n> > \n> > landside precinct at a port or wharf means—\n> > \n> > > (a) land at the port or wharf that is not covered by water, or\n> > \n> > > (b) any wharf or other structure built on or over land covered by water that is adjacent to land referred to in paragraph (a), or\n> > \n> > > (c) land leased to Transport for NSW or the Port Authority of New South Wales that is contiguous with land referred to in paragraph (a).\n> \n> > (7) Land is contiguous with other land if it adjoins the other land (or would adjoin the other land were it not separated from the other land by a road, rail corridor or easement) or it is in close proximity to the other land.\n> \n> **s 43E:** Ins 2016, No 28, Sch 2 \\[4\\]. Am 2020 No 30, Sch 4.74\\[8\\]; 2024 No 67, Sch 2\\[46\\].","sortOrder":80},{"sectionNumber":"43F","sectionType":"section","heading":"How safety directions are given","content":"#### 43F How safety directions are given\n\n43F How safety directions are given\n\n> > (1) A safety direction may be given in any of the following ways—\n> > \n> > > (a) by notice displayed in the area at the port or wharf where the direction applies,\n> > \n> > > (b) by notice published on the website of Transport for NSW or the Port Authority of New South Wales,\n> > \n> > > (c) by notice served on the person or persons to whom the direction applies.\n> \n> > (2) A safety direction given by notice published on the website of Transport for NSW or the Port Authority of New South Wales has no effect until a copy of the notice is published in the Gazette.\n> \n> > (3) Before a safety direction is given under section 43E (2) (a) or (b), not less than 2 weeks advance notice of the proposed direction must be given to the harbour master for the port.\n> \n> > (4) Advance notice of a proposed safety direction is not required if the direction is given in an emergency.\n> \n> **s 43F:** Ins 2016, No 28, Sch 2 \\[4\\]. Am 2020 No 30, Sch 4.74\\[8\\].","sortOrder":81},{"sectionNumber":"43G","sectionType":"section","heading":"Enforcement of safety directions","content":"#### 43G Enforcement of safety directions\n\n43G Enforcement of safety directions\n\n> > (1) A person must comply with a safety direction (except to the extent that compliance would result in the contravention of a requirement imposed by or under an Act).\n> > \n> > Maximum penalty—30 penalty units.\n> \n> > (2) Transport for NSW or Port Authority of New South Wales may enforce compliance with a safety direction in any of the following ways—\n> > \n> > > (a) by using reasonable force to remove from the port or wharf any person who is contravening the direction,\n> > \n> > > (b) by removing from the port or wharf, or moving within the port or wharf, any vehicle or vessel that is stopped or parked in contravention of the direction (including by removing, dismantling or neutralising any locking device or other feature of the vehicle or vessel and allowing the vehicle or vessel to be started by other means),\n> > \n> > > (c) by removing from the port or wharf, or moving within the port or wharf, any goods stored in contravention of the direction (including by removing any locks preventing access to goods).\n> \n> > (3) Transport for NSW or the Port Authority of New South Wales may authorise the enforcement powers in subsection (2) to be exercised by an authorised officer, a delegate of Transport for NSW or the Port Authority of New South Wales or any other person specifically authorised for the purposes of this section.\n> \n> > (4) The power to remove or move a vehicle, vessel or goods from or within the port or wharf includes the power to place the vehicle, vessel or goods in secure storage pending return of the vehicle, vessel or goods to their owner.\n> \n> > (5) Transport for NSW or the Port Authority of New South Wales is entitled to recover as a debt the reasonable costs incurred by Transport for NSW or the Port Authority of New South Wales in enforcing compliance with a safety direction. Those costs are recoverable from the person whose contravention of the direction resulted in those costs being incurred. The costs are a charge on any vehicle, vessel or goods removed under this section.\n> \n> > (6) Transport for NSW or the Port Authority of New South Wales must take all reasonable steps to secure any vehicle, vessel or goods that are removed or moved under this section against theft or damage.\n> \n> > (7) Transport for NSW or the Port Authority of New South Wales must take all reasonable steps to limit any damage to any vehicle, vessel or goods that are removed or moved under this section.\n> \n> > (8) A certificate issued by Transport for NSW or the Port Authority of New South Wales certifying as to the reasonable costs incurred by Transport for NSW or the Port Authority of New South Wales in enforcing compliance with a safety direction is evidence of the matters certified.\n> \n> > (9) Anything done by or on behalf of Transport for NSW or the Port Authority of New South Wales reasonably and in good faith to enforce compliance with a safety direction as permitted by this Part does not subject Transport for NSW or the Port Authority of New South Wales or any other person to any action, liability, claim or demand.\n> \n> **s 43G:** Ins 2016, No 28, Sch 2 \\[4\\]. Am 2020 No 30, Sch 4.74\\[8\\].","sortOrder":82},{"sectionNumber":"44","sectionType":"section","heading":null,"content":"#### 44\n\n44–46 (Repealed)","sortOrder":83},{"sectionNumber":"Part 5","sectionType":"part","heading":"Port charges","content":"# Part 5 Port charges\n\nPart 5 Port charges","sortOrder":85},{"sectionNumber":"47","sectionType":"section","heading":"Definitions generally","content":"#### 47 Definitions generally\n\n47 Definitions generally\n\n> > (1) In this Part—\n> > \n> > appropriate public agency, for a port, means—\n> > \n> > > (a) if the Minister has designated the Port Corporation as the appropriate public agency for the port under section 48A—the Port Corporation, or\n> > \n> > > (b) otherwise—the Minister.\n> > \n> > buoy means a floating apparatus (other than a vessel) that is in navigable waters and used for securing a vessel.\n> > \n> > cargo includes any container or other item used to contain any substance or article.\n> > \n> > designated port means (subject to subsection (3)) any of the following ports—\n> > \n> > > (a) Sydney Harbour,\n> > \n> > > (b) Botany Bay,\n> > \n> > > (c) Newcastle,\n> > \n> > > (d) Port Kembla,\n> > \n> > > (e) Yamba,\n> > \n> > > (f) Eden.\n> > \n> > Note.\n> > \n> > On the enactment of this Act, the ports that are pilotage ports are the same as the ports that are designated ports.\n> > \n> > dolphin means an apparatus or a structure (other than a wharf or buoy) that is permanently fixed to the bed of navigable waters and that is used for securing a vessel.\n> > \n> > relevant port authority means—\n> > \n> > > (a) in relation to navigation service charges fixed under an operating licence issued to the Port Corporation—the Port Corporation, or\n> > \n> > > (a1) in relation to a navigation service charge for Port Kembla or Port of Newcastle—each of the port operator of the port and the appropriate public agency for the port, or\n> > \n> > > (b) in relation to any other navigation service charges—the Minister, or\n> > \n> > > (c) in relation to pilotage charges—the pilotage service provider (within the meaning of Part 6 of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121)), or\n> > \n> > > (d) in relation to port cargo access charges—the Minister, or\n> > \n> > > (e) in relation to site occupation and wharfage charges for sites owned or operated by the Port Corporation—the Port Corporation, or\n> > \n> > > (e1) in relation to site occupation and wharfage charges for sites at a private port—each of the port operator of the port and the appropriate public agency for the port, or\n> > \n> > > (f) in relation to site occupation and wharfage charges for other sites or in relation to berthing charges—the Minister, or\n> > \n> > > (g) in relation to port infrastructure charges for a private port—each of the port operator of the port and the appropriate public agency for the port, or\n> > \n> > > (h) in relation to port infrastructure charges for any other port—the appropriate public agency for the port.\n> > \n> > site means a site referred to in section 59.\n> > \n> > stevedoring means the loading or unloading of the cargo of a vessel and incidental activities such as the handling or storage of cargo or stevedoring equipment at the place at which the cargo is loaded or unloaded.\n> \n> > (2) A reference in this Part to anything owned or operated by the Minister includes a reference to anything owned or operated by Transport for NSW.\n> \n> > (2A) If the relevant port authority in relation to a charge is each of the port operator of a private port and the appropriate public agency for the port, the port charge can be fixed and collected by either or both of the port operator and the appropriate public agency.\n> \n> > (3) The regulations may provide that any other port is a designated port for the purposes of this Part or that a port is no longer such a designated port.\n> \n> **s 47:** Am 1998 No 121, Sch 3.7 \\[9\\]; 2000 No 53, Sch 2.13 \\[12\\]; 2012 No 101, Sch 6.3 \\[6\\]–\\[10\\]; 2013 No 52, Sch 2 \\[3\\]; 2024 No 67, Sch 2\\[47\\] \\[48\\].","sortOrder":87},{"sectionNumber":"48","sectionType":"section","heading":"Meaning of “owner” of vessel or cargo","content":"#### 48 Meaning of “owner” of vessel or cargo\n\n48 Meaning of “owner” of vessel or cargo\n\n> > (1) In this Act, owner of a vessel or cargo means (subject to this section) the person who owns the vessel or cargo.\n> \n> > (2) A reference in this Act to the owner of a vessel includes a reference to—\n> > \n> > > (a) a person registered as the vessel’s owner in the relevant authority under the marine legislation or the National law or other certificate of registry for the vessel, or\n> > \n> > > (b) a person who has chartered the vessel.\n> \n> > (3) A reference in this Act to the owner of a vessel or cargo includes a reference to a joint owner of the vessel or cargo.\n> \n> > (4) A reference in this Act to the owner of a vessel or cargo includes a reference to any person who, whether on the person’s own behalf or on behalf of another—\n> > \n> > > (a) exercises any of the functions of the owner of the vessel or cargo, or\n> > \n> > > (b) represents to the relevant port authority that the person has those functions or accepts the obligation to exercise those functions.\n> \n> > (5) For the purposes of this Act, a person does not cease to be an owner of a vessel because the vessel is mortgaged, chartered, leased or hired to another person.\n> \n> **s 48:** Am 2012 No 90, Sch 2.13 \\[7\\].","sortOrder":88},{"sectionNumber":"48A","sectionType":"section","heading":"Minister may designate Port Corporation as appropriate public agency for ports","content":"#### 48A Minister may designate Port Corporation as appropriate public agency for ports\n\n48A Minister may designate Port Corporation as appropriate public agency for ports\n\n> The Minister may, by written order given to the Port Corporation, designate the Port Corporation as the appropriate public agency for a port for this part.\n> \n> **s 48A:** Ins 2024 No 67, Sch 2\\[49\\].","sortOrder":89},{"sectionNumber":"49","sectionType":"section","heading":"Application of division","content":"#### 49 Application of division\n\n49 Application of division\n\n> > (1) This division applies to the following vessels in designated ports—\n> > \n> > > (a) a vessel for which pilotage in the port is compulsory under the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), Part 6,\n> > \n> > > (b) a vessel for which pilotage would be compulsory if the master of the vessel did not hold a marine pilotage exemption certificate,\n> > \n> > > (c) a vessel declared by the regulations to be liable for navigation service charges.\n> \n> > (2) In this section—\n> > \n> > marine pilotage exemption certificate has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> \n> **s 49:** Subst 2025 No 12, Sch 2.4.","sortOrder":91},{"sectionNumber":"50","sectionType":"section","heading":"Imposition of navigation service charge","content":"#### 50 Imposition of navigation service charge\n\n50 Imposition of navigation service charge\n\n> > (1) A navigation service charge is payable in respect of the general use by a vessel of a designated port and its infrastructure, apart from—\n> > \n> > > (a) the use of a pilot, or\n> > \n> > > (b) the use of land-based port facilities and staff directly involved in providing services at those facilities, or\n> > \n> > > (c) port access for cargo at the interface between the vessel and land-based facilities for the purpose of stevedoring operations.\n> \n> > (2) Unless the regulations otherwise provide, the charge—\n> > \n> > > (a) is payable on each entry by the vessel into any designated port, and\n> > \n> > > (b) is to be calculated by reference to the gross tonnage of the vessel.\n> \n> > (3) The charge is payable whether entry to the waters of a port is by sea or from the land (or, in the case of a seaplane, from the air).\n> \n> > (4) A navigation service charge is payable by the owner of the vessel concerned.\n> \n> **s 50:** Am 2002 No 112, Sch 1.20 \\[4\\].","sortOrder":92},{"sectionNumber":"51","sectionType":"section","heading":"Fixing of navigation service charges","content":"#### 51 Fixing of navigation service charges\n\n51 Fixing of navigation service charges\n\n> > (1) The relevant port authority may fix navigation service charges.\n> \n> > (2) If the relevant port authority is the Port Corporation, the navigation service charges may only be fixed in accordance with the operating licence issued to the Port Corporation.\n> \n> > (3) Different charges may (subject to this Part) be fixed in respect of different ports or vessels, or according to such other factors as the relevant port authority thinks fit.\n> \n> Editorial note.\n> \n> See clause 23 of Schedule 5 for the operational commencement of the amendments to this section by the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101).\n> \n> **s 51:** Am 2012 No 101, Sch 6.3 \\[11\\]; 2024 No 67, Sch 2\\[50\\].","sortOrder":93},{"sectionNumber":"52","sectionType":"section","heading":"Application of Division","content":"#### 52 Application of Division\n\n52 Application of Division\n\n> This Division applies to vessels entering, moving within or leaving pilotage ports.","sortOrder":95},{"sectionNumber":"53","sectionType":"section","heading":"Pilotage charges","content":"#### 53 Pilotage charges\n\n53 Pilotage charges\n\n> > (1) A pilotage charge is payable in respect of a vessel on each occasion that it—\n> > \n> > > (a) enters, or\n> > \n> > > (b) leaves, or\n> > \n> > > (c) moves within,\n> > \n> > a pilotage port under the pilotage of a pilot in accordance with Part 6 of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> \n> > (2) A pilotage charge is also payable for any deferral of pilotage authorised by Part 6 of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121) or at the request of the owner or master of the vessel.\n> \n> > (3) Pilotage charges may be calculated (but are not required to be calculated) by reference to the gross tonnage of the vessel.\n> \n> > (4) A pilotage charge is payable by the owner of the vessel concerned.\n> \n> **s 53:** Am 1998 No 121, Sch 3.7 \\[11\\].","sortOrder":96},{"sectionNumber":"54","sectionType":"section","heading":"Fixing of pilotage charges","content":"#### 54 Fixing of pilotage charges\n\n54 Fixing of pilotage charges\n\n> > (1) The relevant port authority may fix pilotage charges.\n> \n> > (2) If the relevant port authority is the Port Corporation, the pilotage charges may only be fixed in accordance with the operating licence issued to the Port Corporation.\n> \n> > (3) If the relevant port authority is a contractor, the pilotage charges may only be fixed with the approval of the Minister and in accordance with the contract with the Minister to provide the pilotage services.\n> \n> > (4) Different charges may (subject to this Part) be fixed in respect of different ports or vessels, or according to such other factors as the relevant port authority thinks fit.\n> \n> Editorial note.\n> \n> See clause 23 of Schedule 5 for the operational commencement of the amendments to this section by the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101).\n> \n> **s 54:** Am 2012 No 101, Sch 6.3 \\[12\\]; 2024 No 67, Sch 2\\[51\\].","sortOrder":97},{"sectionNumber":"55","sectionType":"section","heading":"Application of Division","content":"#### 55 Application of Division\n\n55 Application of Division\n\n> This Division applies to vessels and their cargo in designated ports.","sortOrder":99},{"sectionNumber":"56","sectionType":"section","heading":"Port cargo access charge","content":"#### 56 Port cargo access charge\n\n56 Port cargo access charge\n\n> > (1) A port cargo access charge is payable in respect of port access for cargo at the interface between the vessel and land-based facilities for the purpose of stevedoring operations.\n> \n> > (2) The charge is payable whether the stevedoring operations are carried out at the facilities of the Port Corporation, privately-owned facilities or other facilities.\n> \n> > (3) Unless the regulations otherwise provide, the charge is to be calculated by reference to the quantity of cargo loaded or unloaded at the facility.\n> \n> > (4) The charge is payable—\n> > \n> > > (a) in the case of cargo that is unloaded at the facility—by the person who, immediately after it is unloaded, is the owner of the cargo, and\n> > \n> > > (b) in the case of cargo that is loaded at the facility—by the person who, immediately before it is loaded, is the owner of the cargo.\n> \n> > (5) To the extent, however, that the charge is not paid by the person indicated in subsection (4) as liable for its payment, the charge is payable by the person who, at the time payment is demanded, is the owner of the cargo.\n> \n> **s 56:** Am 2024 No 67, Sch 2\\[52\\].","sortOrder":100},{"sectionNumber":"57","sectionType":"section","heading":"Fixing of port cargo access charges","content":"#### 57 Fixing of port cargo access charges\n\n57 Fixing of port cargo access charges\n\n> > (1) The Minister may fix port cargo access charges.\n> \n> > (2) Different charges may (subject to this Part) be fixed in respect of different ports, cargo or vessels, or according to such other factors as the Minister thinks fit.","sortOrder":101},{"sectionNumber":"58","sectionType":"section","heading":"Application of Division","content":"#### 58 Application of Division\n\n58 Application of Division\n\n> This Division applies to vessels and their passengers and cargo in designated ports, but only applies in respect of sites owned or operated by the Port Corporation or the Minister, or leased to the port operator of a private port (being the relevant port authorities for the purposes of this Division).\n> \n> **s 58:** Am 2000 No 53, Sch 2.13 \\[13\\]; 2006 No 58, Sch 1.22 \\[4\\]; 2012 No 101, Sch 6.3 \\[13\\]; 2024 No 67, Sch 2\\[53\\].","sortOrder":103},{"sectionNumber":"59","sectionType":"section","heading":"Meaning of “site”","content":"#### 59 Meaning of “site”\n\n59 Meaning of “site”\n\n> > (1) In this division, a site is—\n> > \n> > > (a) for a site at a port other than a private port—an area defined on a map and designated under this division by the Minister, or\n> > \n> > > (b) for a site at a private port—an area defined on a map and designated under this division by the relevant port authority.\n> \n> > (2) The Minister or the relevant port authority may designate an area as a site only if—\n> > \n> > > (a) the area is owned or operated by, or leased to, a relevant port authority, and\n> > \n> > > (b) the area consists of—\n> > > \n> > > > (i) an area of water surrounding or adjacent to a wharf, buoy or dolphin, and\n> > > \n> > > > (ii) for a wharf or dolphin—the whole or part of the area of the wharf or dolphin.\n> \n> > (3) A site includes a stratum of the air space above, or of the land or water below, the area designated as the site.\n> \n> > (4) For the purposes of this section, an area of water is deemed to be owned or operated by the relevant port authority if the bed of the water is owned or leased by the State or Transport for NSW and—\n> > \n> > > (a) the area surrounds or is adjacent to a wharf, buoy or dolphin owned or operated by, or leased to, the relevant port authority, or\n> > \n> > > (b) the area is burdened by an easement that benefits an area of land owned or operated by, or leased to, the relevant port authority, or\n> > \n> > > (c) the area surrounds or is adjacent to an area referred to in paragraph (b), or\n> > \n> > > (d) the Minister approves of that area of water being included in a site operated by the relevant port authority.\n> \n> > (5) The relevant port authority must keep and make publicly available, free of charge, an electronic copy of a map defining each site the relevant port authority owns, operates or leases.\n> \n> > (6) For the purposes of legal proceedings, it must be presumed, unless proved otherwise, that an area has been properly designated as a site under this section if the area is defined as a site on a map kept under subsection (5).\n> \n> > (7) (Repealed)\n> \n> > (8) An area that, immediately before the repeal of the [Marine Port Charges Act 1989](/view/pdf/asmade/act-1989-143), was a site within the meaning of that Act and is owned or operated by a relevant port authority is (subject to this section) a site for the purposes of this Division.\n> \n> > (9) An area at a private port that was a site immediately before the substitution of this section by the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101) is deemed to be a site for the purposes of this Division.\n> \n> > (10) An area at the private port of Port of Newcastle that was a site immediately before the commencement of this subsection (as inserted by the [Ports Assets (Authorised Transactions) Amendment Act 2013](/view/html/repealed/current/act-2013-052)) is deemed to be a site for the purposes of this Division.\n> \n> > (11) In this section—\n> > \n> > wharf includes land adjacent to the wharf.\n> \n> **s 59:** Am 2000 No 53, Sch 2.13 \\[3\\]; 2002 No 112, Sch 1.20 \\[5\\]; 2006 No 58, Sch 1.22 \\[4\\]. Subst 2012 No 101, Sch 6.3 \\[14\\]. Am 2013 No 52, Sch 2 \\[4\\]; 2024 No 67, Sch 2\\[54\\]–\\[56\\].","sortOrder":104},{"sectionNumber":"60","sectionType":"section","heading":"Site occupation charge","content":"#### 60 Site occupation charge\n\n60 Site occupation charge\n\n> > (1) A site occupation charge is payable in respect of the occupation of all or part of a site—\n> > \n> > > (a) for stevedoring purposes, or\n> > \n> > > (b) for the embarkation or disembarkation of passengers, or\n> > \n> > > (c) for the accommodation of a vessel for any purpose (including quarantine or customs purposes), or\n> > \n> > > (d) for any other purpose in connection with a vessel, its passengers or cargo.\n> \n> > (2) Unless the regulations otherwise provide, the charge is to be calculated by reference to the amount of time (as ascertained by the relevant port authority) during which the site, or a part of it, is reserved or is occupied without reservation.\n> \n> > (3) The charge is payable by the person whom the relevant port authority recognises as the occupier of the site or part.\n> \n> > (4) This section does not apply in respect of so much of a site as is leased by the relevant port authority as lessor, unless the site is a site at a private port.\n> \n> **s 60:** Am 2002 No 112, Sch 1.20 \\[6\\]; 2012 No 101, Sch 6.3 \\[15\\].","sortOrder":105},{"sectionNumber":"61","sectionType":"section","heading":"Wharfage charge","content":"#### 61 Wharfage charge\n\n61 Wharfage charge\n\n> > (1) A wharfage charge is payable in respect of availability of a site at which stevedoring operations may be carried out.\n> \n> > (2) Unless the regulations otherwise provide, the charge is to be calculated by reference to the quantity of cargo loaded or unloaded at the site.\n> \n> > (3) The charge is payable—\n> > \n> > > (a) in the case of cargo that is unloaded at the site—by the person who, immediately after it is unloaded, is the owner of the cargo, and\n> > \n> > > (b) in the case of cargo that is loaded at the site—by the person who, immediately before it is loaded, is the owner of the cargo.\n> \n> > (4) To the extent, however, that the charge is not paid by the person indicated in subsection (3) as liable for its payment, the charge is payable by the person who, at the time payment is demanded by the relevant port authority, is the owner of the cargo.\n> \n> **s 61:** Am 2002 No 112, Sch 1.20 \\[7\\].","sortOrder":106},{"sectionNumber":"62","sectionType":"section","heading":"Fixing of charges under this Division","content":"#### 62 Fixing of charges under this Division\n\n62 Fixing of charges under this Division\n\n> > (1) The relevant port authority may fix the charges payable under this Division.\n> \n> > (2) (Repealed)\n> \n> > (3) Different charges may (subject to this Part) be fixed in respect of different ports, sites, cargo or vessels, or according to such other factors as the relevant port authority thinks fit.\n> \n> Editorial note.\n> \n> See clause 23 of Schedule 5 for the operational commencement of the amendments to this section by the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101).\n> \n> **s 62:** Am 2012 No 101, Sch 6.3 \\[16\\].","sortOrder":107},{"sectionNumber":"63","sectionType":"section","heading":"Replacement of statutory charges with contractual charges","content":"#### 63 Replacement of statutory charges with contractual charges\n\n63 Replacement of statutory charges with contractual charges\n\n> > (1) Charges cease to be payable under this Division on a day or days to be appointed by proclamation.\n> \n> > (2) Without limiting subsection (1), different days may be appointed in respect of charges payable to different relevant port authorities or in respect of different charges or other circumstances.\n> \n> > (3) A proclamation under this section may be varied by a subsequent proclamation (whether before or after the day appointed by the original proclamation).\n> \n> > (4) Any liability incurred under this Division before a charge ceases to be payable is not affected and the provisions of this Part continue to apply to that liability.\n> \n> > (5) The fact that charges cease to be payable under this Division does not prevent commercial arrangements from being made for the payment of charges for services provided after that time.","sortOrder":108},{"sectionNumber":"Division 6","sectionType":"division","heading":"Berthing charges","content":"## Division 6 Berthing charges\n\nDivision 6 Berthing charges","sortOrder":109},{"sectionNumber":"64","sectionType":"section","heading":"Application of Division","content":"#### 64 Application of Division\n\n64 Application of Division\n\n> This Division applies to vessels in designated ports that are berthed at wharves, buoys or dolphins owned or operated by the Minister (being the relevant port authority for the purposes of this Division).\n> \n> **s 64:** Am 2000 No 53, Sch 2.13 \\[14\\]; 2006 No 58, Sch 1.22 \\[4\\]; 2012 No 101, Sch 6.3 \\[17\\].","sortOrder":110},{"sectionNumber":"65","sectionType":"section","heading":"Berthing charge","content":"#### 65 Berthing charge\n\n65 Berthing charge\n\n> > (1) A berthing charge is payable in respect of the berthing of a vessel at a wharf, buoy or dolphin if the vessel is a lighter or has a gross tonnage of less than that prescribed by the regulations.\n> \n> > (2) The berthing charge is payable by the owner of the vessel concerned.\n> \n> > (3) For the purposes of this section, a vessel is taken to be berthed at a wharf, buoy or dolphin—\n> > \n> > > (a) if it is secured to or otherwise held at the wharf, buoy or dolphin, or\n> > \n> > > (b) if it is one of a number of vessels secured or otherwise held together, one of which is secured to or otherwise held at the wharf, buoy or dolphin.","sortOrder":111},{"sectionNumber":"66","sectionType":"section","heading":"Fixing of berthing charges","content":"#### 66 Fixing of berthing charges\n\n66 Fixing of berthing charges\n\n> > (1) The relevant port authority may fix berthing charges.\n> \n> > (2) Different charges may (subject to this Part) be fixed in respect of different ports, vessels, wharves, buoys or dolphins, or according to such other factors as the relevant port authority thinks fit.","sortOrder":112},{"sectionNumber":"Division 6A","sectionType":"division","heading":"Port infrastructure charges","content":"## Division 6A Port infrastructure charges\n\nDivision 6A Port infrastructure charges\n\n**pt 5, div 6A (ss 66A–66C):** Ins 2012 No 101, Sch 6.3 \\[18\\].","sortOrder":113},{"sectionNumber":"66A","sectionType":"section","heading":"Application of Division","content":"#### 66A Application of Division\n\n66A Application of Division\n\n> > (1) This Division applies to the following persons (referred to in this Division as port users)—\n> > \n> > > (a) the owners of cargo loaded or unloaded in the course of stevedoring operations at a designated port,\n> > \n> > > (b) the owners of vessels that berth at a wharf, buoy or dolphin at a designated port,\n> > \n> > > (c) persons liable to pay a site occupation charge at a designated port,\n> > \n> > > (d) persons who operate road or rail cargo transport services as part of the port-related supply chain.\n> \n> > (2) Unless the regulations otherwise provide, owners of the following vessels are not port users for the purposes of this Division—\n> > \n> > > (a) vessels owned or operated by the State or its agents,\n> > \n> > > (b) vessels owned or operated by the Commonwealth or its agents,\n> > \n> > > (c) police or emergency services vehicles,\n> > \n> > > (d) fishing vessels other than those used for commercial purposes,\n> > \n> > > (e) recreational or pleasure vessels including sailing craft and personal watercraft, other than those used for commercial purposes.\n> \n> **pt 5, div 6A (ss 66A–66C):** Ins 2012 No 101, Sch 6.3 \\[18\\].","sortOrder":114},{"sectionNumber":"66B","sectionType":"section","heading":"Port infrastructure charges","content":"#### 66B Port infrastructure charges\n\n66B Port infrastructure charges\n\n> Port infrastructure charges are payable by port users to fund investment (and return on investment) in port infrastructure projects, being the acquisition or development of land or the provision of services and facilities by the port operator, either—\n> \n> > (a) at the port in connection with the operation of the port, or\n> \n> > (b) outside the port in connection with the transport of cargo to or from the port or the storage, handling or distribution of cargo transported to or from the port.\n> \n> **pt 5, div 6A (ss 66A–66C):** Ins 2012 No 101, Sch 6.3 \\[18\\].","sortOrder":115},{"sectionNumber":"66C","sectionType":"section","heading":"Fixing of port infrastructure charges","content":"#### 66C Fixing of port infrastructure charges\n\n66C Fixing of port infrastructure charges\n\n> > (1) The relevant port authority may fix port infrastructure charges.\n> \n> > (2) Different charges may be fixed in respect of different port users, or according to such other factors as the relevant port authority thinks fit.\n> \n> **pt 5, div 6A (ss 66A–66C):** Ins 2012 No 101, Sch 6.3 \\[18\\].","sortOrder":116},{"sectionNumber":"Division 7","sectionType":"division","heading":"Agreements in respect of charges","content":"## Division 7 Agreements in respect of charges\n\nDivision 7 Agreements in respect of charges","sortOrder":117},{"sectionNumber":"67","sectionType":"section","heading":"Agreements in respect of charges","content":"#### 67 Agreements in respect of charges\n\n67 Agreements in respect of charges\n\n> > (1) The relevant port authority may enter into an agreement with a person liable to pay any kind of charge under this Part.\n> \n> > (2) Such an agreement may make provision for or with respect to—\n> > \n> > > (a) fixing the amount of any charge payable by the person to the relevant port authority, and\n> > \n> > > (b) any other matter which the relevant port authority is permitted by or under this Part to determine in respect of the charge, and\n> > \n> > > (c) any right or privilege which by or under this Part accrues to the person liable to pay the charge, or which the relevant port authority may confer on the person.\n> \n> > (3) To the extent that provision is so made, the agreement displaces any determinations of the relevant port authority in relation to the charge or to the matter, right or privilege concerned.\n> \n> Editorial note.\n> \n> See clause 23 of Schedule 5 for the operational commencement of the amendments to this section by the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101).\n> \n> **s 67:** Am 2012 No 101, Sch 6.3 \\[19\\].","sortOrder":118},{"sectionNumber":"Division 8","sectionType":"division","heading":"Miscellaneous","content":"## Division 8 Miscellaneous\n\nDivision 8 Miscellaneous","sortOrder":119},{"sectionNumber":"68","sectionType":"section","heading":"Payment and collection of charges","content":"#### 68 Payment and collection of charges\n\n68 Payment and collection of charges\n\n> > (1) A charge under this Part is payable on demand by the relevant port authority, or at such time, or on such terms, as the relevant port authority may determine in respect of the person liable to pay it.\n> \n> > (2) Agents may be appointed by the relevant port authority for collection of charges.\n> \n> > (3) If the relevant port authority is the Minister, the Minister may appoint the Port Corporation or another person as the agent for the collection of charges.\n> \n> > (3A) An appointment of the Port Corporation as the agent for the collection of charges may be made in the operating licence issued to the Port Corporation.\n> \n> > (4) A charge under this Part is a debt due to the relevant port authority from the person liable to pay it, and is recoverable by the relevant port authority in any court of competent jurisdiction.\n> \n> > (5) If there is more than one person liable to pay a charge under this Part, those persons are jointly and severally liable to pay the charge.\n> \n> **s 68:** Am 2024 No 67, Sch 2\\[57\\].","sortOrder":120},{"sectionNumber":"69","sectionType":"section","heading":"Payment of charges to Minister to be credited to Consolidated Fund","content":"#### 69 Payment of charges to Minister to be credited to Consolidated Fund\n\n69 Payment of charges to Minister to be credited to Consolidated Fund\n\n> Payments of charges under this Part that are made to the Minister as the relevant port authority, and any remittance to the Minister of part of a navigation service charge under the operating licence of the Port Corporation, are to be paid into the Consolidated Fund.\n> \n> **s 69:** Am 2024 No 67, Sch 2\\[58\\].","sortOrder":121},{"sectionNumber":"70","sectionType":"section","heading":"Interest on overdue payments","content":"#### 70 Interest on overdue payments\n\n70 Interest on overdue payments\n\n> > (1) The relevant port authority may charge interest, at a rate determined by the authority, on charges under this Part that are unpaid by the due date.\n> \n> > (2) Different rates may be determined for charges that remain unpaid for different periods of time.\n> \n> > (3) Unless the regulations otherwise provide, the rate determined in respect of any period is not to exceed 5 per cent per annum above the interest rate that in the ordinary course of business would be charged by the Commonwealth Bank for the relevant period on unsecured overdrafts of more than $100,000.\n> \n> **s 70:** Am 2002 No 112, Sch 1.20 \\[8\\].","sortOrder":122},{"sectionNumber":"71","sectionType":"section","heading":"Security for payment of charges","content":"#### 71 Security for payment of charges\n\n71 Security for payment of charges\n\n> > (1) As security for the payment of charges that have been or may be incurred under this Part by a person, the relevant port authority may require the person to lodge with it a security deposit.\n> \n> > (2) The security deposit may take the form of cash or a guarantee from a bank, building society or credit union or such other form as the relevant port authority may approve, and is to be in or for an amount determined by the relevant port authority.\n> \n> > (3) The relevant port authority may appropriate a security deposit or the proceeds of a security deposit to meet liabilities of the depositor (including any interest payable) under this Part that are unpaid after becoming due.\n> \n> > (4) In the event that a security deposit or the proceeds of a security deposit have been appropriated or partly appropriated, the relevant port authority may require lodgment of further security.\n> \n> > (5) If at any time the relevant port authority considers that a depositor’s potential liabilities under this Part should be more adequately guaranteed, the relevant port authority may require the lodgment of security in a greater amount, or in a different form, or both.\n> \n> > (6) This section is subject to the terms of—\n> > \n> > > (a) the operating licence issued to the Port Corporation, and\n> > \n> > > (b) a contract made with the Minister by a contractor.\n> \n> **s 71:** Am 1996 No 24, Sch 1; 2024 No 67, Sch 2\\[59\\].","sortOrder":123},{"sectionNumber":"72","sectionType":"section","heading":"Failure to comply with relevant port authority’s requirements","content":"#### 72 Failure to comply with relevant port authority’s requirements\n\n72 Failure to comply with relevant port authority’s requirements\n\n> > (1) The relevant port authority may withhold or withdraw the provision of services or facilities to a person who fails to comply with any lawful requirement made by the relevant port authority with respect to the provision of those services or facilities, whether or not the person has paid a charge for the provision of the services or facilities.\n> \n> > (2) Nothing in this section affects any other function or discretion of the relevant port authority in relation to its services and facilities.\n> \n> > (3) This section is subject to the terms of—\n> > \n> > > (a) the operating licence issued to the Port Corporation, and\n> > \n> > > (b) a contract made with the Minister by a contractor.\n> \n> **s 72:** Am 2024 No 67, Sch 2\\[60\\].","sortOrder":124},{"sectionNumber":"73","sectionType":"section","heading":"Liability of current owners and agents","content":"#### 73 Liability of current owners and agents\n\n73 Liability of current owners and agents\n\n> > (1) To the extent to which a charge under this Part, payable by the owner of a vessel, is not paid by the person who was the owner at the time the charge was incurred, the charge is payable by the person who is the owner at the time payment is demanded by the relevant port authority.\n> \n> > (2) If, at the time when a vessel left a port—\n> > \n> > > (a) there was an agent for the berthing or working of the vessel, and\n> > \n> > > (b) there was no other agent for the vessel,\n> > \n> > that agent is liable, to the same extent as the owner of the vessel, for charges under this Part incurred by the vessel while in port and which are unpaid.\n> \n> > (3) If, at the time when a vessel left a port, there was an agent for the vessel other than an agent for the berthing or working of the vessel, that agent is liable, to the same extent as the owner of the vessel, for any such unpaid charges.","sortOrder":125},{"sectionNumber":"74","sectionType":"section","heading":"Waiver or refund of charges","content":"#### 74 Waiver or refund of charges\n\n74 Waiver or refund of charges\n\n> The relevant port authority may waive or refund the whole or any part of any charge under this Part that is due to the port authority in any particular case or class of cases.\n> \n> Editorial note.\n> \n> See clause 23 of Schedule 5 for the operational commencement of the amendments to this section by the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101).\n> \n> **s 74:** Am 2012 No 101, Sch 6.3 \\[20\\].","sortOrder":126},{"sectionNumber":"75","sectionType":"section","heading":"Part does not apply to Australian Defence Force vessels","content":"#### 75 Part does not apply to Australian Defence Force vessels\n\n75 Part does not apply to Australian Defence Force vessels\n\n> > (1) This Part does not apply to or in respect of a vessel belonging to the Defence Force of Australia, or its passengers or cargo.\n> \n> > (2) However, the relevant port authority and the person otherwise liable to pay a charge under this Part may enter into an agreement under which all or any of the provisions of this Part apply to the vessel, its cargo or passengers.","sortOrder":127},{"sectionNumber":"76","sectionType":"section","heading":"Regulations","content":"#### 76 Regulations\n\n76 Regulations\n\n> > (1) The regulations may make provision for or with respect to charges under this Part.\n> \n> > (2) In particular, the regulations may make provision for or with respect to—\n> > \n> > > (a) the manner of payment of charges under this Part, and\n> > \n> > > (b) the furnishing to the relevant port authority of information relevant to the liability of any person to pay a charge under this Part, and\n> > \n> > > (c) the furnishing to the relevant port authority of particulars of any cargo, or any vessel, in respect of which any charges are payable under this Part, and\n> > \n> > > (d) ascertaining the gross tonnages of vessels, the quantity of any cargo and any other matter necessary or incidental to the calculation of the amount of any charge under this Part, and\n> > \n> > > (e) the detention and inspection of any vessel, and the unloading of any cargo, for any of the purposes of this Part and the regulations, and\n> > \n> > > (f) the exemption of any vessels, cargo or other things from this Part or any provisions of this Part.","sortOrder":128},{"sectionNumber":"Part 6","sectionType":"part","heading":"Price monitoring scheme","content":"# Part 6 Price monitoring scheme\n\nPart 6 Price monitoring scheme\n\nEditorial note.\n\nSee clause 23 of Schedule 5 for the operational commencement of this Part.\n\n**pt 6:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\].","sortOrder":129},{"sectionNumber":"77","sectionType":"section","heading":"Scheme objective","content":"#### 77 Scheme objective\n\n77 Scheme objective\n\n> The objective of the price monitoring scheme established by this Part (the scheme objective) is to promote the economically efficient operation of, use of and investment in major port facilities in the State by monitoring the prices port operators charge users of those facilities, so as to promote a competitive commercial environment in port operations.\n> \n> **s 77:** Am 2002 No 112, Sch 1.20 \\[9\\]. Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\].","sortOrder":130},{"sectionNumber":"78","sectionType":"section","heading":"Ports to which Part applies","content":"#### 78 Ports to which Part applies\n\n78 Ports to which Part applies\n\n> This Part applies to and in respect of the following ports—\n> \n> > (a) Botany Bay,\n> \n> > (b) Sydney Harbour,\n> \n> > (c) Port Kembla,\n> \n> > (d) Port of Newcastle,\n> \n> > (e) Port of Eden,\n> \n> > (f) Port of Yamba.\n> \n> **s 78:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\].","sortOrder":131},{"sectionNumber":"79","sectionType":"section","heading":"Publication of charges","content":"#### 79 Publication of charges\n\n79 Publication of charges\n\n> > (1) The port operator of a port to which this Part applies must publish a list of the following charges (service charges)—\n> > \n> > > (a) the port charges charged by the port operator, and\n> > \n> > > (b) the standard rate of other charges charged by the port operator for or in respect of the use of facilities at the port.\n> \n> > (2) Rent and any other amount payable under a lease is not a service charge for the purposes of this Part.\n> \n> > (3) The list of service charges must be published on the port operator’s website in a prominent position in a publicly accessible part of the website.\n> \n> > (4) Charges that are the subject of an agreement under section 67 (Agreements in respect of charges) are not service charges for the purposes of this Part.\n> \n> **s 79:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\].","sortOrder":132},{"sectionNumber":"80","sectionType":"section","heading":"Notice of change in service charges","content":"#### 80 Notice of change in service charges\n\n80 Notice of change in service charges\n\n> > (1) The port operator of a port must give notice of any proposed change in the port operator’s service charges (whether the change is a variation of an existing charge, the imposition of a new charge or the removal of an existing charge).\n> \n> > (2) The notice of a proposed change in service charges must be given in the following manner and at the following times—\n> > \n> > > (a) notice of the change must be given to the Minister in writing at least 40 business days before the change is proposed to be made,\n> > \n> > > (b) notice of the change must be published on the port operator’s website in a prominent position in a publicly accessible part of the website at least 20 business days before the change is proposed to be made.\n> \n> > (3) The notice of a proposed change in a service charge must separately identify each charge to which the change relates and provide the following information about the charge—\n> > \n> > > (a) the basis on which the amount of the charge is calculated including (in the case of a charge payable on a unit basis such as a unit of vessel cargo capacity or vessel gross tonnage) the unit on which the charge is imposed,\n> > \n> > > (b) the reason for the change (in the case of a variation of an existing charge),\n> > \n> > > (c) if the change is the imposition of a new charge—the information required for a new charge under this section.\n> \n> > (4) The information required for a new charge (other than a port infrastructure charge under Division 6A of Part 5) is as follows—\n> > \n> > > (a) the purpose and function of the charge,\n> > \n> > > (b) the basis on which the amount of the charge has been calculated,\n> > \n> > > (c) the persons who will be required to pay the charge.\n> \n> > (5) The information required for a new charge that is a port infrastructure charge under Division 6A of Part 5 is as follows—\n> > \n> > > (a) details of the port infrastructure project to which the proposed charge relates,\n> > \n> > > (b) the basis on which the amount of the charge has been calculated,\n> > \n> > > (c) the persons who will be required to pay the charge,\n> > \n> > > (d) the period of time for which the charge is proposed to be imposed.\n> \n> **s 80:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\]. Am 2024 No 67, Sch 2\\[61\\]–\\[63\\].","sortOrder":133},{"sectionNumber":"81","sectionType":"section","heading":"Annual reporting of charges to the Minister","content":"#### 81 Annual reporting of charges to the Minister\n\n81 Annual reporting of charges to the Minister\n\n> The port operator of a port to which this Part applies must before 1 October 2013 and before 1 October in each subsequent year provide the following information to the Minister in respect of the financial year ending on the previous 30 June—\n> \n> > (a) a list of the types of service charges charged by the port operator during that financial year,\n> \n> > (b) the revenue received by the operator during the financial year from service charges (showing the amount of revenue for each separate charge),\n> \n> > (c) in the case of a service charge payable on the basis of the number of chargeable units (such as a unit of vessel cargo capacity or vessel gross tonnage)—the total number of units charged for or in respect of each separate charge,\n> \n> > (d) if the amount of a charge was varied during the financial year—the amount of the variation and the reason for it.\n> \n> **s 81:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\].","sortOrder":134},{"sectionNumber":"82","sectionType":"section","heading":"Power of Minister to require information","content":"#### 82 Power of Minister to require information\n\n82 Power of Minister to require information\n\n> > (1) The Minister may by direction in writing given to the port operator of a port to which this Part applies require the port operator to provide the Minister with specified information about any of the following in respect of service charges charged or proposed to be charged by the port operator—\n> > \n> > > (a) the amount of a particular charge,\n> > \n> > > (b) the purpose and function of a particular charge,\n> > \n> > > (c) the administration of a particular charge.\n> \n> > (2) A direction under this section is not to be given unless the Minister is satisfied that—\n> > \n> > > (a) provision of the information is reasonably necessary for achieving the scheme objective, and\n> > \n> > > (b) the likely cost to the port operator of complying with the direction is not disproportionate to the benefit that provision of the information will provide for achieving the scheme objective.\n> \n> > (3) A direction under this section must be in writing and specify—\n> > \n> > > (a) the manner and form in which the required information is to be provided, and\n> > \n> > > (b) a reasonable time within which the required information is to be provided.\n> \n> > (4) Compliance with a direction under this section is required even if compliance would breach a duty of confidentiality.\n> \n> > (5) The provision of information that would otherwise constitute a breach of a duty of confidentiality does not constitute such a breach if the information is provided in compliance with a direction under this section.\n> \n> **s 82:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\].","sortOrder":135},{"sectionNumber":"83","sectionType":"section","heading":"Confidential information","content":"#### 83 Confidential information\n\n83 Confidential information\n\n> > (1) A port operator may, when providing information pursuant to a direction of the Minister under this Part, claim that the information is confidential if there are sufficient grounds for such a claim.\n> \n> > (2) There are sufficient grounds for a claim that information is confidential only if it appears that disclosure of the information—\n> > \n> > > (a) could adversely affect the competitive position of the port operator or any other person, or\n> > \n> > > (b) would result in the port operator being in breach of a duty of confidentiality owed to another person.\n> \n> > (3) A claim that information is confidential must be accompanied by a detailed statement of the reasons in support of the claim and is not duly made unless accompanied by such a statement.\n> \n> > (4) The Minister must take all reasonable steps to prevent the disclosure of information that is claimed to be confidential unless the disclosure is authorised by this section.\n> \n> > (5) The disclosure of information that is claimed to be confidential is authorised if—\n> > \n> > > (a) the disclosure is for the purposes of the administration of this Act to a person engaged in the administration of this Act, or\n> > \n> > > (b) the disclosure is made with the consent of the person who provided the information and (if disclosure could adversely affect the competitive position of another person) that other person, or\n> > \n> > > (c) the disclosure is authorised or required under any other Act or law, or\n> > \n> > > (d) the disclosure is authorised or required by a court, or\n> > \n> > > (e) the disclosure is, in the opinion of the Minister, in the public interest and the Minister is of the opinion that the public benefit in disclosing the information outweighs any detriment that might be suffered by a person as a result of the disclosure.\n> \n> > (6) This section does not prevent the disclosure of information that is claimed to be confidential if the Minister is of the opinion that there are insufficient grounds for the claim and the Minister has notified the Minister’s opinion to the person who provided the information.\n> \n> > (7) A disclosure of information authorised by this section does not constitute a breach of any duty of confidentiality (either by the person making the disclosure or by the port operator).\n> \n> **s 83:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\].","sortOrder":136},{"sectionNumber":"84","sectionType":"section","heading":"Reports and statements by Minister","content":"#### 84 Reports and statements by Minister\n\n84 Reports and statements by Minister\n\n> > (1) The Minister may from time to time publish reports and statements, based on information provided or obtained under this Part, about the service charges charged at any one or more of the ports to which this Part applies.\n> \n> > (2) No liability (including liability in defamation) is incurred for publishing in good faith a report or statement under this section or a fair report or summary of such a report or statement.\n> \n> **s 84:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\].","sortOrder":137},{"sectionNumber":"85","sectionType":"section","heading":"Part extends to Port Corporation as appropriate public agency","content":"#### 85 Part extends to Port Corporation as appropriate public agency\n\n85 Part extends to Port Corporation as appropriate public agency\n\n> A reference in this Part to the port operator of a port includes a reference to the Port Corporation if the Minister has designated the Port Corporation as the appropriate public agency for the port under section 48A.\n> \n> **s 85:** Rep 1998 No 121, Sch 3.7 \\[13\\]. Ins 2012 No 101, Sch 6.3 \\[21\\]. Am 2024 No 67, Sch 2\\[64\\] \\[65\\].","sortOrder":138},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Management of wharves, moorings, port facilities and works","content":"# Part 6A Management of wharves, moorings, port facilities and works\n\nPart 6A Management of wharves, moorings, port facilities and works\n\n**pt 6A:** Ins 2016 No 28, Sch 2 \\[5\\].","sortOrder":139},{"sectionNumber":"85A","sectionType":"section","heading":"Access to regulated wharves of TfNSW","content":"#### 85A Access to regulated wharves of TfNSW\n\n85A Access to regulated wharves of TfNSW\n\n> > (1) A person must not secure a commercial vessel, or cause a commercial vessel to be secured, to a regulated wharf of TfNSW unless the person—\n> > \n> > > (a) is authorised to do so by a wharf authorisation, and\n> > \n> > > (b) complies with any conditions of the wharf authorisation.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) The Minister may, by order published in the Gazette, designate a wharf of TfNSW that is outside Sydney Harbour and its tributaries as a regulated wharf of TfNSW.\n> \n> > (3) In this section—\n> > \n> > regulated wharf of TfNSW means either of the following—\n> > \n> > > (a) a wharf of TfNSW within Sydney Harbour or its tributaries,\n> > \n> > > (b) a wharf of TfNSW in relation to which a designation under subsection (2) is in force.\n> > \n> > wharf authorisation means an authorisation, however described, given by TfNSW that permits a person to secure a vessel to a wharf of TfNSW.\n> > \n> > Note—\n> > \n> > A wharf authorisation includes the following—\n> > \n> > > (a) a contract or agreement between a person and TfNSW that authorises the person to secure a commercial vessel to a wharf,\n> > \n> > > (b) a permit issued under the Commuter Wharf Permit Scheme administered by TfNSW,\n> > \n> > > (c) a booking made through the Charter Wharf Booking System administered by TfNSW.\n> > \n> > wharf of TfNSW means a wharf, pier, jetty, landing stage or dock under the control or management of TfNSW.\n> \n> **s 85A:** Ins 2016 No 28, Sch 2 \\[5\\]. Am 2020 No 30, Sch 4.74\\[9\\]. Subst 2024 No 67, Sch 2\\[66\\].","sortOrder":140},{"sectionNumber":"85B","sectionType":"section","heading":"Use of moorings by vessels","content":"#### 85B Use of moorings by vessels\n\n85B Use of moorings by vessels\n\n> A person must not cause a vessel to occupy a mooring in any navigable waters except in accordance with a mooring licence issued by Transport for NSW in accordance with the regulations.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 85B:** Ins 2016 No 28, Sch 2 \\[5\\].","sortOrder":141},{"sectionNumber":"85C","sectionType":"section","heading":"Use of port facilities by vessels","content":"#### 85C Use of port facilities by vessels\n\n85C Use of port facilities by vessels\n\n> > (1) A person must not establish any port facilities for use by commercial vessels, foreign vessels or regulated Australian vessels in or in the vicinity of any pilotage port that affects the safety of navigation except in accordance with an approval from Transport for NSW or the Port Authority of New South Wales.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person must not permit any port facility that has not been used for the berthing, docking or mooring of a commercial vessel, foreign vessel or regulated Australian vessel for 2 years or more to be used except in accordance with an approval from Transport for NSW or the Port Authority of New South Wales.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> **ss 85C–85E:** Ins 2016 No 28, Sch 2 \\[5\\]. Am 2020 No 30, Sch 4.74\\[8\\].","sortOrder":142},{"sectionNumber":"85D","sectionType":"section","heading":"Investigation of port facilities","content":"#### 85D Investigation of port facilities\n\n85D Investigation of port facilities\n\n> > (1) Transport for NSW or the Port Authority of New South Wales may investigate existing or proposed port facilities for use by vessels.\n> \n> > (2) Transport for NSW or the Port Authority of New South Wales may, with the approval of the Minister, make an order prohibiting—\n> > \n> > > (a) the construction of any embankment, retaining wall, reclamation, wharf or a structure of any kind, or\n> > \n> > > (b) the carrying out of any dredging operations,\n> > \n> > in any specified area of water affected by an investigation under subsection (1) except in accordance with an approval given by Transport for NSW or the Port Authority of New South Wales.\n> \n> > (3) An order under subsection (2) must be published in the Gazette.\n> \n> > (4) Transport for NSW or the Port Authority of New South Wales is only to prohibit works referred to in subsection (2) if those works would adversely affect the port facilities under investigation or adversely affect the subsequent operation of the port facilities.\n> \n> > (5) A person must not carry out any work that is prohibited by an order in force under this section.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (6) Nothing in this section enables the prohibition of the carrying out of work pursuant to an aquaculture lease under Part 6 of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), a lease under the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or a licence under the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042).\n> \n> **ss 85C–85E:** Ins 2016 No 28, Sch 2 \\[5\\]. Am 2020 No 30, Sch 4.74\\[8\\].","sortOrder":143},{"sectionNumber":"85E","sectionType":"section","heading":"Removal of unauthorised works","content":"#### 85E Removal of unauthorised works\n\n85E Removal of unauthorised works\n\n> > (1) Transport for NSW or the Port Authority of New South Wales may give notice to a person who is making use of any work carried out in contravention of section 85C or 85D requiring the person to stop making use of that work by a specified date.\n> \n> > (2) A person must not fail to comply with a notice given in accordance with subsection (1).\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) Transport for NSW or the Port Authority of New South Wales may remove, or authorise the removal of, any work carried out in contravention of section 85C or 85D.\n> \n> > (4) Transport for NSW or the Port Authority of New South Wales may cause or authorise any work or any thing removed in accordance with subsection (3) to be destroyed, stored or sold, or may sell the work on condition that it be removed.\n> \n> > (5) Transport for NSW or the Port Authority of New South Wales may recover as a debt in a court of competent jurisdiction the costs and expenses incurred by it in the removal, destruction, storage or sale of any work under this section from the person who carried out the work or who has made use of it after the receipt of a notice referred to in subsection (1).\n> \n> **ss 85C–85E:** Ins 2016 No 28, Sch 2 \\[5\\]. Am 2020 No 30, Sch 4.74\\[8\\].","sortOrder":144},{"sectionNumber":"85F","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 85F Proof of certain matters not required\n\n85F Proof of certain matters not required\n\n> A certificate signed or purporting to be signed by Transport for NSW or an officer prescribed by the regulations and stating that—\n> \n> > (a) a person named in the certificate did or did not at a specified time hold a commuter wharf permit issued by Transport for NSW in accordance with the regulations, or\n> \n> > (b) any such permit was or was not suspended or cancelled at a specified time, or\n> \n> > (c) a vessel named in the certificate did or did not at a specified time have a booking under the wharf booking system established by Transport for NSW in accordance with the regulations, or\n> \n> > (d) a person named in the certificate was or was not at a specified time the holder of a mooring licence issued by Transport for NSW in accordance with the regulations, or\n> \n> > (e) any such licence was or was not suspended or cancelled at a specified time or was or was not subject to a specified condition at a specified time,\n> \n> is admissible in any legal proceedings and is evidence of the matters stated in the certificate.\n> \n> **ss 85F–85H:** Ins 2016 No 28, Sch 2 \\[5\\].","sortOrder":145},{"sectionNumber":"85G","sectionType":"section","heading":"Regulations under this Part","content":"#### 85G Regulations under this Part\n\n85G Regulations under this Part\n\n> > (1) The regulations may make provision for or with respect to access to wharves, mooring licences and removal of unauthorised works under this Part.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following—\n> > \n> > > (a) the establishment of a commuter wharf permit system to control access to wharves,\n> > \n> > > (b) the establishment, administration, operation and enforcement of a wharf booking system and mooring licensing system,\n> > \n> > > (c) the approval, refusal, issue, duration and renewal of permits and licences under such systems,\n> > \n> > > (d) the imposition of conditions on permits and licences,\n> > \n> > > (e) the variation, suspension or cancellation of permits and licences,\n> > \n> > > (f) the application requirements for permits and licences,\n> > \n> > > (g) the fees payable in relation to permits, licences and bookings under a wharf booking system,\n> > \n> > > (h) classes of permits and licences,\n> > \n> > > (i) the equipment, or type of equipment, that must be used to secure a vessel to a mooring,\n> > \n> > > (j) the exemption of any person, vessel or other thing from this Part or any provisions of this Part.\n> \n> **ss 85F–85H:** Ins 2016 No 28, Sch 2 \\[5\\].","sortOrder":146},{"sectionNumber":"85H","sectionType":"section","heading":"Administrative reviews by NCAT","content":"#### 85H Administrative reviews by NCAT\n\n85H Administrative reviews by NCAT\n\n> > (1) The regulations may provide that a person may apply to the Civil and Administrative Tribunal for the administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision made in respect of the person under the regulations under section 85G in relation to a mooring licence issued by Transport for NSW.\n> \n> > (2) The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (1) unless the Minister certifies that the Minister administering the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) has agreed to the provisions.\n> \n> **ss 85F–85H:** Ins 2016 No 28, Sch 2 \\[5\\].","sortOrder":147},{"sectionNumber":"Part 7","sectionType":"part","heading":null,"content":"# Part 7\n\nParts 7, 7A\n\n86–99C (Repealed)\n\n**ss 86–89:** Rep 1998 No 121, Sch 3.7 \\[13\\].\n\n**pt 7 (ss 90–99):** Rep 1998 No 121, Sch 3.7 \\[14\\].\n\n**pt 7A (ss 99A–99C):** Ins 1998 No 121, Sch 3.7 \\[15\\] (am 2013 No 95, Sch 2.94 \\[8\\]). Rep 2016 No 28, Sch 2 \\[6\\].","sortOrder":148},{"sectionNumber":"Part 8","sectionType":"part","heading":"Enforcement","content":"# Part 8 Enforcement\n\nPart 8 Enforcement\n\n**pt 8, hdg:** Am 2024 No 67, Sch 2\\[67\\].","sortOrder":149},{"sectionNumber":"100","sectionType":"section","heading":"Penalty notices","content":"#### 100 Penalty notices\n\n100 Penalty notices\n\n> > (1) A law enforcement officer may issue a penalty notice to a person if it appears to the officer that the person—\n> > \n> > > (a) has committed a penalty notice offence, or\n> > \n> > > (b) is, under section 104B, guilty of a parking offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> > (6) In this section, law enforcement officer means a police officer or, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.\n> \n> **s 100:** Subst 2017 No 22, Sch 3.57. Am 2024 No 67, Sch 2\\[68\\].","sortOrder":150},{"sectionNumber":"101","sectionType":"section","heading":"Offences","content":"#### 101 Offences\n\n101 Offences\n\n> > (1) Proceedings for an offence against this Act or the regulations are to be disposed of summarily before—\n> > \n> > > (a) the Local Court, or\n> > \n> > > (b) the Supreme Court in its summary jurisdiction.\n> \n> > (2) If proceedings are brought before the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.\n> \n> **s 101:** Am 2001 No 121, Sch 2.169 \\[1\\]. Subst 2008 No 89, Sch 1 \\[5\\]. Am 2007 No 94, Sch 2.","sortOrder":151},{"sectionNumber":"102","sectionType":"section","heading":"Time within which proceedings may be commenced","content":"#### 102 Time within which proceedings may be commenced\n\n102 Time within which proceedings may be commenced\n\n> Despite the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) or any other Act, proceedings for an offence under this Act or the regulations may be commenced not later than 2 years after the date alleged to be the date on which the offence was committed.\n> \n> **s 102:** Am 2001 No 121, Sch 2.169 \\[2\\].","sortOrder":152},{"sectionNumber":"103","sectionType":"section","heading":"Persons who may bring proceedings","content":"#### 103 Persons who may bring proceedings\n\n103 Persons who may bring proceedings\n\n> Proceedings for an offence against the marine legislation may be brought by any person, including the following—\n> \n> > (a) a police officer,\n> \n> > (b) Transport for NSW or a member of staff of Transport for NSW,\n> \n> > (c) the Port Authority of New South Wales or a member of staff of the Port Authority of New South Wales.\n> \n> **s 103:** Am 2006 No 58, Sch 1.22 \\[4\\]. Subst 2024 No 67, Sch 2\\[69\\].","sortOrder":153},{"sectionNumber":"104","sectionType":"section","heading":"Offences by corporations","content":"#### 104 Offences by corporations\n\n104 Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.\n> \n> > (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.","sortOrder":154},{"sectionNumber":"104A","sectionType":"section","heading":"Continuing offences","content":"#### 104A Continuing offences\n\n104A Continuing offences\n\n> > (1) A person who is guilty of an offence because the person contravenes a requirement under this Act or the regulations, whether imposed by notice or otherwise, to do or stop doing something, whether or not within a specified period or by a particular time—\n> > \n> > > (a) continues, until the requirement is complied with and despite the fact that a specified period has ended or time has passed, to be liable to comply with the requirement, and\n> > \n> > > (b) is guilty of a continuing offence for each day the contravention continues.\n> \n> > (2) This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.\n> \n> > (3) This section does not apply to the extent that a requirement of a notice is revoked.\n> \n> **s 104A:** Ins 2024 No 67, Sch 2\\[70\\].","sortOrder":155},{"sectionNumber":"104B","sectionType":"section","heading":"Liability of vehicle owners for parking offences","content":"#### 104B Liability of vehicle owners for parking offences\n\n104B Liability of vehicle owners for parking offences\n\n> > (1) If a parking offence occurs in relation to a vehicle, the person who is, when the offence occurs, the owner of the vehicle (the vehicle owner) is, under this section, guilty of an offence as if the vehicle owner were the actual offender guilty of the parking offence unless—\n> > \n> > > (a) if the parking offence is dealt with under section 100—the vehicle owner satisfies the authorised officer referred to in the penalty notice issued under that section that, when the offence occurred, the vehicle was stolen or illegally taken or used, or\n> > \n> > > (b) otherwise—the court is satisfied that, when the offence occurred, the vehicle was stolen or illegally taken or used.\n> \n> > (2) This section does not affect the liability of the actual offender in relation to the parking offence but, if a penalty has been imposed on or recovered from a person in relation to the parking offence, no further penalty may be imposed on or recovered from another person for the parking offence.\n> \n> > (3) Despite subsection (2), the vehicle owner is not guilty of an offence under this section if—\n> > \n> > > (a) for an offence dealt with under section 100—\n> > > \n> > > > (i) within 21 days after being served with the penalty notice under that section alleging that the vehicle owner is guilty of the offence, the vehicle owner provides, in the form required by the penalty notice, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or\n> > > \n> > > > (ii) the vehicle owner satisfies the authorised officer referred to in the penalty notice that the vehicle owner does not know, and cannot with reasonable diligence ascertain, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or\n> > \n> > > (b) otherwise—\n> > > \n> > > > (i) within 21 days after being served with a court attendance notice in relation to the offence, the vehicle owner provides, by statutory declaration, to the prosecutor the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or\n> > > \n> > > > (ii) the vehicle owner satisfies the court that the vehicle owner does not know, and cannot with reasonable diligence ascertain, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence.\n> \n> > (4) If a form under subsection (3) is produced in proceedings against the person named in the form that relate to the offence in relation to which the form was supplied, the form is evidence the person named was in charge of the vehicle at all relevant times relating to the offence.\n> \n> > (5) Without limiting the form that may be required by the penalty notice under subsection (3), the form may be an electronic form accessible at a website specified in the notice.\n> \n> > (6) A vehicle owner who provides a statutory declaration setting out the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence is taken to have done so in the required form.\n> \n> > (7) In this section—\n> > \n> > owner, of a vehicle, includes the registered operator of the vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > parking offence means any of the following offences—\n> > \n> > > (a) an offence under section 39(1) committed by a person who fails to comply with a parking-related port operator direction,\n> > \n> > > (b) an offence under section 43G(1) committed by a person who fails to comply with a parking-related safety direction,\n> > \n> > > (c) an offence under the regulations committed by a person who fails to comply with a direction given by an authorised person relating to the driving, stopping, parking or use of a vehicle.\n> > \n> > parking-related port operator direction means a port operator direction that regulates the driving, stopping, parking or use of a vehicle.\n> > \n> > parking-related safety direction means a safety direction that regulates the driving, stopping, parking or use of a vehicle.\n> > \n> > vehicle has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> **s 104B:** Ins 2024 No 67, Sch 2\\[70\\].","sortOrder":156},{"sectionNumber":"104C","sectionType":"section","heading":"Requirement to state name and address or give other information","content":"#### 104C Requirement to state name and address or give other information\n\n104C Requirement to state name and address or give other information\n\n> > (1) An authorised officer may require a person whom the officer reasonably suspects has committed an offence under this Act or the regulations to state the person’s full name and place of residence.\n> \n> > (2) If an authorised officer suspects on reasonable grounds that the driver of a motor vehicle has committed an offence under this Act or the regulations, the authorised officer may—\n> > \n> > > (a) require the driver to do one or more of the following—\n> > > \n> > > > (i) produce the driver’s driver licence,\n> > > \n> > > > (ii) state the driver’s full name and place of residence, or\n> > \n> > > (b) require any of the following persons to give the officer information about the name and place of residence of the driver—\n> > > \n> > > > (i) the owner of the vehicle,\n> > > \n> > > > (ii) the person in whose name the vehicle is registered,\n> > > \n> > > > (iii) the person having custody of the vehicle, or\n> > \n> > > (c) require any other person to give the officer information that—\n> > > \n> > > > (i) is in the person’s power to give, and\n> > > \n> > > > (ii) may help identify the driver.\n> \n> > (3) An authorised officer may require a person to give information under subsection (2)(b) or (c) in the form of a written statement signed by the person.\n> \n> > (4) A person must not—\n> > \n> > > (a) without lawful excuse, refuse or fail to comply with a requirement made of the person under this section, or\n> > \n> > > (b) in purported compliance with the requirement, give information or produce a document the person knows to be false or misleading in a material particular.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (5) A person does not commit an offence under subsection (4) if the authorised officer does not, when the officer makes the request—\n> > \n> > > (a) show the person the officer’s identification card, or\n> > \n> > > (b) warn the person that it is an offence not to comply with the requirement.\n> \n> > (6) It is a defence to a prosecution for an offence under subsection (2)(b) if the defendant satisfies the court that the defendant does not know, and cannot with reasonable diligence ascertain, the name or place of residence of the driver, or both.\n> \n> > (7) A written statement purporting to be given under subsection (3) that states the name and place of residence of the person who was the driver of the motor vehicle at the time of the commission of an alleged offence and is produced in a court in proceedings for the offence against the person named in the statement as the driver is, if the person named in the statement does not appear before the court, evidence without proof of signature that the person was the driver of the vehicle at that time.\n> \n> **s 104C:** Ins 2024 No 67, Sch 2\\[70\\].","sortOrder":157},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous\n\nPart 9 Miscellaneous","sortOrder":158},{"sectionNumber":"105","sectionType":"section","heading":"Port boundaries","content":"#### 105 Port boundaries\n\n105 Port boundaries\n\n> > (1) The regulations may describe the boundaries of any port or area of water.\n> \n> > (2) Any such description of a port may include an area of water adjacent to the entrance to the port.\n> \n> > (3) A reference in the marine legislation to a specified port or area of water is, if the boundaries of that port or area have been described by the regulations and unless the context or subject-matter otherwise indicates or requires, a reference to that port or area with boundaries as so described.","sortOrder":159},{"sectionNumber":"105A","sectionType":"section","heading":"Erosion or siltation in certain ports","content":"#### 105A Erosion or siltation in certain ports\n\n105A Erosion or siltation in certain ports\n\n> > (1) In this section—\n> > \n> > prescribed land means land that is within a distance of 10 metres measured horizontally on the landward side—\n> > \n> > > (a) from the top of the bank of any non-tidal waters, or\n> > \n> > > (b) from high water mark on the shore of any tidal waters,\n> > \n> > being in each case waters of which the bed is vested in Transport for NSW.\n> > \n> > prescribed work means—\n> > \n> > > (a) excavation, or\n> > \n> > > (b) removal of soil, sand, gravel, stone, rock or other material from land, or\n> > \n> > > (c) removal of a retaining wall.\n> > \n> > public authority means—\n> > \n> > > (a) Transport for NSW, or\n> > \n> > > (b) any other body, corporate or unincorporate, constituted by an Act where the Governor or a Minister of the Crown appoints one or more of the members of the body, or\n> > \n> > > (c) a corporation constituted by an Act, or\n> > \n> > > (d) a council or a county council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (2) A person (other than a public authority) must not carry out any prescribed work on prescribed land except in accordance with an approval (and any conditions of the approval) in writing from Transport for NSW.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) If Transport for NSW is satisfied—\n> > \n> > > (a) that the bank or shore of any waters of which the bed is vested in Transport for NSW is being eroded or is likely to be eroded, or\n> > \n> > > (b) that any material of any kind is being deposited, or is likely to be deposited, on the bed or shore of any such waters,\n> > \n> > by reason of or as a result of—\n> > \n> > > (c) the carrying out on any land of any prescribed work (whether or not the person carrying out the work is liable to a penalty under subsection (2)), or\n> > \n> > > (d) the demolition, collapse, partial collapse or disrepair of or any damage to, a retaining wall or other structure on any land,\n> > \n> > Transport for NSW may give to the prescribed person in relation to the land the notice specified in subsection (5).\n> \n> > (4) The person prescribed by this subsection in relation to any land (the prescribed person) is—\n> > \n> > > (a) where the land is not vested in the Crown or a public authority—the owner of the land, or\n> > \n> > > (b) where the land is vested in the Crown or a public authority and work referred to in subsection (3) (c) has been carried out on the land in connection with land not so vested—\n> > > \n> > > > (i) the person who carried out the work, or\n> > > \n> > > > (ii) the owner of the land not so vested.\n> \n> > (5) The notice prescribed by this subsection is a notice in writing requiring the person to whom it is given to take within a reasonable time specified in the notice such measures as are necessary to ensure—\n> > \n> > > (a) in the case referred to in subsection (3) (a)—that the erosion ceases or is prevented and that any erosion that has occurred is made good, or\n> > \n> > > (b) in the case referred to in subsection (3) (b)—that the deposit of material ceases or is prevented and that any deposited material is removed.\n> \n> > (6) If any material of any kind escapes from, or is carried by natural forces from, any land on which a person—\n> > \n> > > (a) stored or accumulated that material, or\n> > \n> > > (b) carried on any work of excavation, earthmoving, material extraction, demolition, engineering or building construction,\n> > \n> > and the material is deposited on the bed or shore of any waters of which the bed is vested in Transport for NSW, Transport for NSW may give to that person with respect to that land the notice specified in subsection (7).\n> \n> > (7) The notice prescribed by this subsection is a notice in writing requiring the person to whom it is given to take within a reasonable time specified in the notice such measures as are necessary to ensure—\n> > \n> > > (a) the prevention of any further deposit on the bed or shore of any waters (the bed of which is vested in Transport for NSW) of any material escaping, or carried by natural forces, from the land in respect of which it is given, and\n> > \n> > > (b) that any such material so deposited is removed.\n> \n> > (8) Transport for NSW may amend or revoke a notice given under this section.\n> \n> > (9) A person who is given a notice specified in subsection (5) or (7) must comply with the notice.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> **s 105A:** Ins 2016 No 28, Sch 2 \\[7\\].","sortOrder":160},{"sectionNumber":"105B","sectionType":"section","heading":"Liability of owners and masters of vessels for damage to certain property","content":"#### 105B Liability of owners and masters of vessels for damage to certain property\n\n105B Liability of owners and masters of vessels for damage to certain property\n\n> > (1) If a vessel damages any wharf, structure or fixed or movable property of any kind vested in or in the possession of a relevant authority, the owner or master of the vessel must pay to the relevant authority the costs and expenses incurred in the repair and reinstatement of the wharf, structure or property damaged.\n> \n> > (2) Any amount payable under subsection (1) that is not paid may be recovered by the relevant authority as a debt in any court of competent jurisdiction.\n> \n> > (3) In this section, a relevant authority means Transport for NSW or the Port Authority of New South Wales.\n> \n> **ss 105B–105C:** Ins 2016 No 28, Sch 2 \\[7\\]. Am 2020 No 30, Sch 4.74\\[8\\].","sortOrder":161},{"sectionNumber":"105C","sectionType":"section","heading":"Obstructions and encroachments in waters","content":"#### 105C Obstructions and encroachments in waters\n\n105C Obstructions and encroachments in waters\n\n> > (1) In this section, structure includes any swimming pool, pontoon, jetty, shed or any other structure.\n> \n> > (2) For the purposes of this section a reference to the bed of any waters vested in a relevant authority includes a reference to any land that, but for the existence of a structure, would be covered by any such waters.\n> \n> > (3) A person must not erect a structure in, on or over the bed of any waters vested in a relevant authority without first obtaining the permission of the relevant authority.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (4) A person who erects a structure in, on or over the bed of any waters vested in a relevant authority must not use the structure after the expiration of the time specified in a written notice from the relevant authority served on the person and requiring the person to remove the structure.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (5) A relevant authority may remove or authorise the removal of any structure, erected without its permission in, on or over the bed of any waters vested in it or not removed in accordance with any notice given under subsection (4).\n> \n> > (6) The relevant authority may cause or authorise any structure or part of a structure removed in accordance with this section to be destroyed or stored or sold, or may sell the structure on condition that it be removed, and may recover in any court of competent jurisdiction the expenses incurred in the removal, destruction, storage or sale from the person who erected the structure or caused the structure to be erected or has made use of it after service on the person of a notice referred to in subsection (4).\n> \n> > (7) In this section, a relevant authority means Transport for NSW or Port Authority of New South Wales.\n> \n> **ss 105B–105C:** Ins 2016 No 28, Sch 2 \\[7\\]. Am 2020 No 30, Sch 4.74\\[8\\].","sortOrder":162},{"sectionNumber":"106","sectionType":"section","heading":"Act binds Crown","content":"#### 106 Act binds Crown\n\n106 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":163},{"sectionNumber":"107","sectionType":"section","heading":null,"content":"#### 107\n\n107 (Repealed)","sortOrder":164},{"sectionNumber":"108","sectionType":"section","heading":"Service of documents","content":"#### 108 Service of documents\n\n108 Service of documents\n\n> > (1) A document may be served on the Port Corporation or Transport for NSW by leaving it at, or by sending it by post to—\n> > \n> > > (a) the office of the Port Corporation or Transport for NSW, or\n> > \n> > > (b) if the Port Corporation or Transport for NSW has more than one office—any one of its offices.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Port Corporation or Transport for NSW in any other manner.\n> \n> > (3) (Repealed)\n> \n> **s 108:** Am 2000 No 53, Sch 2.13 \\[16\\]–\\[18\\]; 2002 No 112, Sch 1.20 \\[10\\] \\[11\\]; 2006 No 58, Sch 1.22 \\[4\\]; 2024 No 67, Sch 2\\[71\\] \\[72\\].","sortOrder":166},{"sectionNumber":"109","sectionType":"section","heading":"Recovery or waiver of money due","content":"#### 109 Recovery or waiver of money due\n\n109 Recovery or waiver of money due\n\n> > (1) Any charge, fee or money due to Transport for NSW may be recovered by it as a debt in a court of competent jurisdiction.\n> \n> > (2) Any such charge, fee or money may be waived or refunded (in whole or in part) by Transport for NSW.\n> \n> > (3) (Repealed)\n> \n> **s 109:** Am 2000 No 53, Sch 2.13 \\[17\\] \\[18\\]; 2006 No 58, Sch 1.22 \\[4\\].","sortOrder":167},{"sectionNumber":"110","sectionType":"section","heading":"Regulations","content":"#### 110 Regulations\n\n110 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (1A) Without limiting subsection (1), the regulations may make provision about the driving, stopping or parking of vehicles—\n> > \n> > > (a) at a port, other than a private port, or wharf owned by or under the control or management of TfNSW or the Port Authority of New South Wales, or\n> > \n> > > (b) on land owned by or under the control or management of TfNSW or the Port Authority of New South Wales that is near a port or wharf referred to in paragraph (a).\n> \n> > (1B) Without limiting subsection (1), the regulations may make provision about the following—\n> > \n> > > (a) the making, keeping, inspection or provision of records and information relating to goods loaded onto or discharged from a vessel at a port,\n> > \n> > > (b) the making, keeping, inspection or provision of records and information relevant to the management and mitigation of environmental risk or impact,\n> > \n> > > (c) the sharing of records and information provided, or required to be provided, under this Act with or between one or more of the following—\n> > > \n> > > > (i) TfNSW,\n> > > \n> > > > (ii) port operators,\n> > > \n> > > > (iii) relevant port authorities,\n> > > \n> > > > (iv) other entities in the port-related supply chain.\n> \n> > (2) Without limiting subsection (1), the regulations may make provision for or with respect to the management of dangerous goods in ports, including (but not limited to) the following—\n> > \n> > > (a) the identification or classification of substances and articles as dangerous goods,\n> > \n> > > (b) the navigation or mooring of vessels carrying dangerous goods,\n> > \n> > > (c) the use, storage or handling of dangerous goods,\n> > \n> > > (d) the use of equipment in connection with the use, storage or handling of dangerous goods,\n> > \n> > > (e) the inspection, examination and testing of dangerous goods and equipment used (or intended for use) in connection with dangerous goods,\n> > \n> > > (f) the making, keeping, inspection and provision of records in connection with dangerous goods,\n> > \n> > > (g) the escape or spillage of dangerous goods,\n> > \n> > > (h) the declaration of the day on which clause 63 of Schedule 18B to the [Work Health and Safety Regulation 2011](/view/html/repealed/current/sl-2011-0674) (or any provision that is made under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) in substitution of that provision) ceases to apply in relation to ports.\n> \n> > (2A) The regulations may create offences punishable by—\n> > \n> > > (a) in the case of regulations made for the purposes of subsection (2)—a penalty not exceeding 300 penalty units, and\n> > \n> > > (b) in any other case—a penalty not exceeding 100 penalty units.\n> \n> > (3) The regulations may incorporate by reference, wholly or in part and with or without modification, any guidelines, standards, rules, codes, specifications or methods, as in force at a particular time or as in force from time to time, prescribed or published by an authority or body (whether or not it is a New South Wales authority or body).\n> \n> **s 110:** Am 2014 No 38, Sch 2.1 \\[1\\] \\[2\\]; 2016 No 28, Sch 2 \\[8\\]; 2024 No 67, Sch 2\\[73\\] \\[74\\].","sortOrder":168},{"sectionNumber":"111","sectionType":"section","heading":"Regulations to promote competition and productivity at ports","content":"#### 111 Regulations to promote competition and productivity at ports\n\n111 Regulations to promote competition and productivity at ports\n\n> > (1) The regulations may make provision for or with respect to any of the matters set out in Schedule 4 in connection with the operation or provision of land-based port facilities and services and the facilities and services of the port-related supply chain, in relation to the operation of the following ports—\n> > \n> > > (a) Sydney Harbour,\n> > \n> > > (b) Botany Bay,\n> > \n> > > (c) Newcastle,\n> > \n> > > (d) Port Kembla.\n> \n> > (1A) The object of this section is to promote the economically efficient operation of, use of and investment in land-based port facilities and port-related supply chain facilities.\n> \n> > (2) This section does not authorise the making of regulations with respect to the operation of any railway outside a port or supply chain facility.\n> \n> > (2A) A regulation may not be made under this section unless the Minister has certified that the Minister is satisfied that—\n> > \n> > > (a) the regulation will promote the object of this section, and\n> > \n> > > (b) the regulation will not operate to constrain or otherwise regulate the exercise of the port operator functions of the port operator of a private port.\n> \n> > (2B) The port operator functions of the port operator of a private port are—\n> > \n> > > (a) the fixing and collection of port charges under Part 5, and\n> > \n> > > (b) the fixing and collection of charges (for example, rent) under a lease or licence, and\n> > \n> > > (c) any other function of the port operator as the lessor or licensor under a lease or licence.\n> \n> > (3) A regulation under this section may create an offence punishable by a penalty not exceeding 500 penalty units.\n> \n> **s 111:** Rep 2012 No 95, Sch 3.\n> \n> **s 111 (previously s 10B):** Renumbered 2024 No 67, Sch 2\\[20\\].","sortOrder":169},{"sectionNumber":"112","sectionType":"section","heading":null,"content":"#### 112\n\n112 (Repealed)","sortOrder":170},{"sectionNumber":"113","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 113 Savings, transitional and other provisions\n\n113 Savings, transitional and other provisions\n\n> Schedule 5 has effect.","sortOrder":172},{"sectionNumber":"114","sectionType":"section","heading":"Review of Act","content":"#### 114 Review of Act\n\n114 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":173},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Transfer of assets, rights and liabilities","content":"# Schedule 1 Transfer of assets, rights and liabilities\n\nSchedule 1 Transfer of assets, rights and liabilities\n\n(Sections 5, 16, 17, 32 (repealed), 40A, 45)\n\n**sch 1, hdg:** Am 2000 No 53, Sch 2.13 \\[19\\]. Subst 2011 No 41, Sch 2 \\[16\\].\n\n**sch 1:** Am 2000 No 53, Sch 2.13 \\[20\\]–\\[25\\]; 2011 No 41, Sch 2 \\[17\\]; 2024 No 67, Sch 2\\[75\\] \\[76\\].","sortOrder":174},{"sectionNumber":"8","sectionType":"section","heading":"Transfer of interests in land","content":"#### 8 Transfer of interests in land\n\n8 Transfer of interests in land\n\n> > (1) An order to which this Schedule applies may transfer an interest in respect of land vested in the MSB or any MSB subsidiary without transferring the whole of the interests of the MSB or subsidiary in that land.\n> \n> > (2) If the interest transferred is not a separate interest, the order operates to create the interest transferred in such terms as are specified in the order.\n> \n> > (3) This clause does not limit any other provision of this Schedule.","sortOrder":182},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Transfer of former MSB Staff (other than senior executives)","content":"# Schedule 2 Transfer of former MSB Staff (other than senior executives)\n\nSchedule 2 Transfer of former MSB Staff (other than senior executives)\n\n(Section 5)","sortOrder":187},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 2012 No 95, Sch 3.","sortOrder":197},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Regulations to promote competition and productivity at ports","content":"# Schedule 4 Regulations to promote competition and productivity at ports\n\nSchedule 4 Regulations to promote competition and productivity at ports\n\n(Section 111)\n\n**sch 4:** Am 1995 No 99, Sch 2; 1996 No 30, Sch 2. Rep 1999 No 85, Sch 4. Ins 2008 No 89, Sch 1 \\[6\\]. Am 2024 No 67, Sch 2\\[77\\] \\[78\\].","sortOrder":198},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 5 Savings, transitional and other provisions\n\nSchedule 5 Savings, transitional and other provisions\n\n(Section 113)\n\n**sch 5:** Am 2000 No 53, Schs 2.13 \\[26\\], 3.18; 2006 No 84, Sch 1 \\[9\\]; 2011 No 41, Sch 2 \\[18\\]–\\[20\\]; 2012 No 101, Sch 6.3 \\[22\\]; 2013 No 52, Sch 2 \\[5\\] \\[6\\]; 2024 No 67, Sch 2\\[79\\] \\[80\\].","sortOrder":206}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1995 Act focused on corporatising the Maritime Services Board, establishing port corporations as State owned corporations, transferring assets under Schedule 1, and basic port charges and safety functions. Its scope has grown substantially beyond that intent to encompass comprehensive regulation of private ports (Part 3A inserted 2012), a price monitoring scheme (Part 6), port-related supply chain productivity and competition (ss 9(e), 10(2)(c), 10A, s 111 and Schedule 4), detailed safety directions and enforcement for both public and private ports (Part 4A and ss 37–40D), expanded objectives (s 2A inserted 2024), information gathering powers (ss 40E–40G), mandatory standards and supply chain charges via regulations (s 111 and Schedule 4), and integration with broader marine legislation and environmental management (ss 24–25, 34, 85A–85H)."},"complexity_factors":["Over 40 defined terms in s 3, many cross-referencing the Marine Safety Act 1998, Marine Pollution Act 2012 and Commonwealth Acts","Multiple Parts with nested divisions (e.g. Part 2 has 5 Divisions on Port Authority establishment, objectives, operating licences, asset transfers and miscellaneous)","Heavy cross-referencing to State Owned Corporations Act 1989 (e.g. ss 9, 10, 19–21, 10A), Marine Safety Act 1998 (pilotage, harbour masters) and Ports Assets (Authorised Transactions) Act 2012","Conditional logic and exceptions throughout (e.g. operating licence conditions in ss 13–15, port operator directions in ss 37–40D with emergency exceptions, site definitions in s 59 with strata and contiguous land rules)","Layered charging regimes in Part 5 (navigation service, pilotage, cargo access, site occupation, wharfage, berthing and infrastructure charges) with overlapping relevant port authority rules","Recent insertions (e.g. s 2A objectives in 2024, safety directions in Part 4A, information gathering in Part 3A Div 3) creating interactions between old and new provisions"],"plain_english_summary":"**The Ports and Maritime Administration Act 1995** creates a framework for running ports in New South Wales. It sets up the Port Authority of New South Wales (a government-owned company) to manage port facilities, keep shipping safe, maintain waterways, and protect the environment. The law also applies to private ports (Botany Bay, Newcastle and Port Kembla) run by private companies.\n\nIt requires fair charges for using ports, promotes competition and efficiency in moving goods through ports and connected supply chains (like roads, rails and warehouses), and lets authorities give safety directions or port operator directions to control activities like vehicle parking, cargo handling and risky behaviour. The Act sets objectives for responsible port operations, safety, competition and environmental care. It affects port operators, ship owners and masters, businesses moving cargo, people using wharves or moorings, and government bodies like Transport for NSW.\n\nThe law matters because it keeps trade moving efficiently while protecting safety, waterways and the environment. It balances public and private interests, with rules on charges, licences, information sharing and penalties for non-compliance."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded from creating and governing a public Port Authority and assigning marine safety functions to also: (a) set up a statutory Port Corporation with commercial objectives (ss 6; ss 9–10), (b) regulate private ports and empower private port operators with landside regulatory and information powers (Part 3A: ss 35–40G; ss 40E–40G), (c) establish a price monitoring and transparency regime for major ports (Part 6: ss 77–85; ss 79–84), (d) create new safety‑direction regimes for TfNSW and the Port Authority (Part 4A: ss 43E–43G), and (e) broaden ministerial and regulatory discretion over port activities (ss 10AA, 10A, 48A; s 110). These additions (visible in inserted and amended sections and in Schedule provisions) extend the Act from traditional port management into detailed economic regulation, information collection and enforcement across public and private port actors."},"complexity_factors":["Extensive cross‑referencing to multiple other Acts (e.g. Marine Safety Act 1998, State Owned Corporations Act 1989, Marine Pollution Act 2012) creating inter‑legislative dependencies","Multiple overlapping institutional actors (Minister, Port Corporation, TfNSW, private port operators, pilotage contractors) with delegated and concurrent functions (ss 11–15; ss 23–27; Part 3A)","Layered charge regimes and many charge types with differing decision‑makers and collection rules (Part 5: ss 47–66C)","Wide delegated regulatory power to fill detailed rules, create offences and incorporate external standards (s 110; s 111; Schedule 4)","Significant information‑gathering and confidentiality provisions that can override duties of confidentiality (ss 40E–40G; ss 82–83)","Complex asset, rights and liabilities transfer and transitional provisions requiring Schedule mechanisms and ministerial orders (s 17; Schedule 1; Schedule 5)","Enforcement architecture combining penalty notices, summary proceedings, continuing offences and director liability (Part 8: ss 100–104C)","Multiple layers of discretion (ministerial approvals, designation of appropriate public agency, revocable approvals and licence variation powers — ss 10AA, 10A, 48A, 15)"],"plain_english_summary":"What this law does, in plain terms\n\n- Establishes and runs the State’s port system: the Act creates the Port Authority of New South Wales (the Port Corporation) and sets out its objectives and powers to operate port facilities and related businesses (s 6; ss 9–10).\n\n- Allocates marine safety and infrastructure roles between the Minister, Transport for NSW (TfNSW) and the Port Corporation: the Minister keeps marine safety and amenity responsibilities (ss 23–25), may delegate functions (s 27) and may transfer or contract out particular services (ss 17, 26A). TfNSW is given specific maritime functions and a Waterways Fund to pay for them (s 41; s 42).\n\n- Regulates how port safety functions are exercised: the Minister determines which port safety functions the Port Corporation may exercise and issues an operating licence that sets performance standards, fees and conditions (ss 11–15; s 13; s 14).\n\n- Creates a framework for private ports and private port operators: a specific Part applies to designated private ports (Botany Bay, Newcastle, Port Kembla) and gives private port operators the power to make and enforce directions covering landside safety, parking, goods handling and other activities in the landside port precinct; it also gives them information‑gathering powers and enforcement tools (Part 3A: ss 35–40G, ss 40E–40G).\n\n- Sets out the range of port charges and who pays them: the Act defines multiple charge types (navigation service, pilotage, port cargo access, site occupation, wharfage, berthing, port infrastructure) and specifies who fixes them and who is liable to pay (Part 5: ss 47–66C). For example, navigation and pilotage charges are payable by vessel owners (s 50; s 53); port cargo access and wharfage are payable by cargo owners (s 56; s 61).\n\n- Establishes a price monitoring scheme and transparency obligations: port operators at major ports must publish service charges, give advance notice of proposed changes, report annually to the Minister and comply with directions from the Minister for information required to monitor prices and investment (Part 6: ss 77–85; ss 79–84; s 82).\n\n- Provides powers to control use of wharves, moorings and new port facilities: TfNSW or the Port Authority may require authorisations for berthing at regulated wharves, issue mooring licences, approve new port facilities in pilotage areas, and investigate or prohibit works that would affect navigation (Part 6A: ss 85A–85G).\n\n- Sets enforcement tools and penalties: the Act allows penalty notices and summary prosecutions (Part 8: ss 100–104C), makes corporations’ directors liable if they knowingly authorised breaches (s 104), and creates continuing‑offence liability and vehicle‑owner liability for parking offences on port land (ss 104A–104B).\n\nWhy it matters (official purpose and how it is achieved)\n\n- Stated purpose: the Act aims to create a statutory State owned corporation to operate ports, regulate private port operators, promote competition and productivity in ports and the port‑related supply chain, ensure safety and manage environmental risks (s 2A).\n\n- How the Act accomplishes that: it combines institutional design (a Port Corporation with commercial objectives and ministerial oversight — ss 6, 9–10, 10AA, 10A), a licensing and performance regime for port safety (ss 11–15), detailed charge regimes and collection powers (Part 5), reporting and monitoring obligations for price transparency (Part 6: ss 77–84), and regulatory powers for both public and private port managers to set and enforce local safety and access rules (Part 3A; Part 6A: ss 37–40G; ss 85A–85G).\n\nWho pays, who decides, and what behaviour changes (mechanical effects)\n\n- Who pays: owners of vessels generally pay navigation, pilotage and berthing charges (ss 50, 53, 65). Owners of cargo are liable for port cargo access and wharfage charges (ss 56, 61). Port users more broadly may pay port infrastructure charges and site occupation charges (ss 66A–66C; ss 60–62). Charges that are unpaid are recoverable as debts (s 68) and may carry interest (s 70) or require security deposits (s 71).\n\n- Who decides: the relevant port authority (which may be the Minister, TfNSW, the Port Corporation or private port operator depending on the charge and port) fixes most charges (s 47; ss 51, 54, 57, 62, 66C). The Minister determines the Port Corporation’s port safety functions and may give written approvals, directions and conditions (ss 11–15; ss 10AA, 10A). Regulations (made by the Governor) fill in detailed operational and enforcement rules (s 110).\n\n- Behaviour changes required: port operators (public or private) must publish and notify service charges and provide information to the Minister when required (ss 79–82). Private port operators may issue port operator directions restricting driving, parking, goods handling and other landside activities, and may enter premises and require information (ss 37–40A; ss 40E–40G). TfNSW and the Port Authority can give safety directions for publicly managed ports and exercise enforcement powers over wharves, moorings and new port facilities (ss 43E–43G; ss 85A–85G).\n\nCosts, incentives, trade‑offs and implementation considerations (tested against the official purpose)\n\n- Direct costs and revenue flows: the Act creates multiple charge types and collection mechanisms (Part 5). Those charges are revenue to the relevant port authority (s 47; s 69) or to the Port Corporation under certain enforcement powers (s 21A). Charging powers create incentives for port authorities and private operators to recover costs and to fund infrastructure (ss 66B–66C; s 71), but also create administrative and compliance costs for businesses and shippers required to pay, report or provide security (ss 56, 60, 71, 80–81).\n\n- Information and compliance burden: port operators can require operational and cargo information from masters, agents, consignors and stevedores (s 40E). The Minister may also direct port operators to provide information for price monitoring, subject to proportionality requirements (s 82(2)). Those powers override confidentiality duties (ss 40G(3); s 82(4)), though there is a confidential‑information claim process with constraints (s 83). These powers increase transparency but impose record‑keeping and disclosure obligations on private parties.\n\n- Ministerial and regulatory discretion: the Minister has broad discretion to set the Port Corporation’s permitted activities (s 10AA), give directions tied to competition and productivity (s 10A), designate the Port Corporation as an ‘‘appropriate public agency’’ (s 48A) and require information for the price monitoring objective (s 82). Regulations may also make wide‑ranging provisions about ports and supply‑chain pricing and standards (s 110; s 111; Schedule 4). These forms of discretion concentrate decision‑making in the Minister and regulation‑making process, requiring administrative capacity and procedural safeguards (noting the Act provides for consultation and review in specific places, e.g. s 21).\n\n- Effects on private enterprise and market signals: the Act recognises private port operators and grants them local regulatory powers (Part 3A: ss 37–40G) while also subjecting major ports to transparency and monitoring obligations (Part 6). That mix creates incentives for private operators to manage landside safety and to set charges, but it also exposes them to reporting requirements, potential price scrutiny and Ministerial directions where the Port Corporation is designated the appropriate public agency (ss 48A, 85). The law permits contractual arrangements to replace statutory charges (s 63), preserving scope for negotiated commercial agreements.\n\n- Redistribution of costs and concentrated benefits: charges and security requirements transfer costs to vessel and cargo owners (ss 50, 56, 60, 61). The Port Corporation or other relevant port authorities receive specified penalties and fees (s 21A; s 42). Where the Minister or TfNSW is the charging authority, funds are credited to the Consolidated Fund or the Waterways Fund (ss 42(2); s 69), creating public revenue flows for maritime services.\n\n- Implementation risk and inter‑agency coordination: the regime depends on cross‑referenced laws (e.g. Marine Safety Act 1998, Marine Pollution Act 2012, State Owned Corporations Act 1989), delegated regulations and multiple agencies (Minister, TfNSW, Port Corporation, private port operators) (see many cross‑references throughout). Effective operation requires clear regulatory instruments, published maps of sites (s 59(5)), agreed data standards and clarity about enforcement roles (ss 37–40G; s 43G).\n\n- Enforcement and dispute‑resolution mechanics: the Act allows summary proceedings and penalty notices (ss 100–101), administrative review routes are possible under regulations (e.g. NCAT review for mooring licence decisions if provided, s 85H), and the Act protects port authorities from certain liabilities when acting in good faith to enforce directions (ss 39(6); s 43G(9)). These measures reduce litigation risk for authorities but create legal consequences for those who fail to comply.\n\nNet mechanical effect (no judgment): the Act builds a hybrid regulatory and commercial framework: it sets up a commercially tasked Port Corporation, preserves and regulates private port operators, creates multiple charge and reporting regimes to fund and monitor port services, and grants both public and private port managers powers to regulate landside activity, collect information and enforce compliance. The law distributes costs to vessel and cargo owners and creates ministerial and regulatory levers to influence port pricing, safety and supply‑chain coordination (see ss 2A; Part 3A; Part 5; Part 6)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Act (named 'Ports Corporatisation and Waterways Management Act 1995') was focused on converting government-run ports into corporatised entities (government-owned companies) and managing waterways. Over time, its scope shifted significantly — the corporatisation focus diminished as ports were privatised or restructured, and the Act evolved into a broader ports and maritime administration framework. The renaming to 'Ports and Maritime Administration Act 1995' reflects this evolution from a specific corporatisation exercise to an ongoing regulatory and administrative regime for NSW's port and maritime sector."},"complexity_factors":["Long legislative history spanning 30+ years with over 30 distinct point-in-time versions, making it difficult to track the current state of the law","Major structural changes over time — the Act was renamed and its core purpose shifted from corporatisation to broader administrative management","Multiple layers of government agency changes (previous port authority replaced by Transport for NSW), requiring cross-referencing of older versions","Pending amendments not yet in force from two separate amending Acts, creating uncertainty about the near-future state of the law","Interaction with other legislation including the Interpretation Act 1987 and Administrative Arrangements orders","Covers multiple distinct subject matters: port corporatisation, waterways management, maritime safety, and land administration","Administered under complex ministerial arrangements requiring reference to separate administrative orders"],"plain_english_summary":"## Ports and Maritime Administration Act 1995 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that governs how the state's ports and waterways are managed and administered. It was originally called the *Ports Corporatisation and Waterways Management Act 1995*, which gives a clue about its original focus — turning ports into government-owned corporations and managing waterways.\n\n**Who does it affect?**\n- **Shipping and maritime industry operators** using NSW ports and waterways\n- **Port facility operators and tenants**\n- **Recreational boaters and commercial vessel operators** on NSW waterways\n- **Transport for NSW** (the government agency responsible for administering the Act)\n- **Businesses and developers** seeking to use or build near port land or waterways\n\n**What does it actually do?**\nThe Act sets the legal framework for:\n- How NSW ports are structured, managed, and regulated\n- The powers and responsibilities of **Transport for NSW** (which replaced the previous port authority structure) in overseeing ports and waterways\n- Rules around the use of waterways, including navigation and safety\n- Management of port land and maritime infrastructure\n\n**Key things to know:**\n- The Act has been **amended over 30 times** since 1995, reflecting major changes to how NSW manages its ports — including privatisation shifts and machinery-of-government changes\n- **Transport for NSW** now runs the show — a 2020 amendment replaced all references to the previous authority with Transport for NSW\n- There are **further amendments pending** (not yet in force) from 2024 and 2025 legislation, meaning the law is still evolving\n- The Minister for Transport is responsible for the Act\n\n**Why does it matter to you?**\nIf you operate a vessel, run a business at or near a NSW port, own waterfront property, or work in the maritime industry, this Act sets the rules you must follow. It also affects NSW consumers indirectly — efficient port management impacts supply chains and the cost of goods."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/ports-and-maritime-administration-act-1995","history":"/api/acts/ports-and-maritime-administration-act-1995/history","analysis":"/api/acts/ports-and-maritime-administration-act-1995/analysis","conflicts":"/api/acts/ports-and-maritime-administration-act-1995/conflicts","importantCases":"/api/acts/ports-and-maritime-administration-act-1995/important-cases","documents":"/api/acts/ports-and-maritime-administration-act-1995/documents"}}