The Marine Safety Act 1998 is New South Wales' core law for keeping boats and ships safe on the water. It sets clear rules so vessels (anything from small recreational boats to large commercial ships) operate safely in ports, harbours and other waterways. It encourages responsible boating to protect other water users, swimmers, nearby residents and the environment. The Act creates a strong system for enforcing rules, investigating accidents and deciding what to do afterwards. It also brings many older marine safety rules together into one modern framework.
It affects everyone who owns, operates, crews or travels on vessels in NSW waters, including recreational boaters, commercial operators, harbour pilots and port authorities. Special rules apply to commercial vessels through a national law adopted by NSW. It matters because it reduces accidents, protects lives and property, safeguards the marine environment and makes sure everyone can share the water fairly and safely. Key ideas include registration, licensing, speed limits, alcohol and drug rules, pilotage in major ports, and powers for harbour masters and authorised officers to stop unsafe behaviour.
The Marine Safety Act 1998 (the Act) is the principal statute governing the safe navigation and operation of vessels within New South Wales (NSW) waters. Its substantive purpose, as stated in s 3, is fourfold: (a) to ensure the safe operation of vessels in ports and other waterways; (b) to promote responsible vessel operation so as to protect the safety and amenity of other users and adjoining land occupiers; (b1) to provide an effective enforcement framework for marine legislation; (c) to facilitate the investigation of marine accidents and appropriate follow-up action; and (d) to consolidate marine safety legislation.
The Act achieves these objects through a comprehensive regulatory architecture. Part 1 contains preliminary provisions, including objects, definitions (ss 4–9) and the Act’s territorial and subject-matter application (ss 8–9AA). A vessel is broadly defined in s 5(1) as any water craft capable of being used as a means of transportation on water, including non-displacement craft and seaplanes on water, but excluding prescribed classes. The Minister may issue a temporary vessel order (s 5(3)) to bring novel craft within the Act for safety assessment or emergency purposes. “Connected with this State” is defined expansively in s 6 so that the Act captures vessels registered in NSW, those with a NSW home port under Commonwealth law, those owned by NSW residents or businesses, and those declared by regulation.
Part 1A (inserted by the Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Act 2012) applies the Commonwealth Marine Safety (Domestic Commercial Vessel) National Law as a law of NSW. Sections 9C–9R create a seamless applied-law regime, adopt Commonwealth administrative and criminal laws, prevent double jeopardy (s 9J), and deal with fees, multiple-purpose instruments and regulation-making power. The National law prevails over the Act to the extent of any inconsistency (s 8(4)).
Current sections
Direct links to the current provisions in Marine Safety Act 1998.
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Part 2 addresses safety of navigation. Division 1 contains general provisions: regulations for collision prevention (s 10), Ministerial notices imposing speed, wash, noise, mooring and area restrictions (s 11), offences of reckless, dangerous or negligent navigation (s 13, with aggravated penalties where death or grievous bodily harm results), menacing operation (s 13A), unreasonable interference (s 14), protection of navigation aids (s 15), directions to cease unsafe activity (s 15A), removal of obstructions to navigation (s 16, with cost-recovery powers), Ministerial approval for aquaculture leases over navigable waters (s 17), licensing of aquatic activities (s 18, with exemptions in s 18A and exclusion zones in s 18B), and general regulation-making power (s 19). Division 2 (inserted 2016) creates a scheme for seizure, impoundment, forfeiture and early release of recreational vessels used in menacing navigation or serious offences (ss 19A–19U). Division 3 (inserted 2025) allows declaration of offshore anchorages and directions to use or leave them (ss 19V–19X). Division 4 (inserted 2025) regulates disturbance of the bed of “relevant ports” (pilotage ports and prescribed ports), requires harbour-master approval for works including sea-cable installation (s 19Z), and mandates removal of disused sea cables (s 19ZA).
Part 3 (substituted 2008, amended 2016 and 2025) deals with alcohol and other drug use. It prescribes concentration ranges (novice, special, low, middle, high), creates tiered offences for operating a vessel while exceeding those limits or while under the influence (ss 24–26), and applies strict liability to the presence of prescribed illicit drugs or morphine (s 25). Schedule 1 sets out detailed testing, sampling and analysis procedures, including random breath testing, oral fluid testing, blood and urine sampling after accidents, and sobriety assessments. Automatic disqualification periods, licence suspension and court powers are contained in ss 28A–28C.
Part 4 governs marine safety licences. After the 2025 amendments, the responsible regulator is Transport for NSW for vessel registration, aquatic, bar-crossing and boat-driving licences, and the Port Authority of New South Wales for pilotage-related licences and special recreational vessel permits (s 29). Licences may be granted subject to conditions (s 31), are non-transferable except as provided (s 34), and may be suspended or cancelled on suitability, public-interest or other prescribed grounds (s 38). Administrative review by the Civil and Administrative Tribunal is available (ss 41–43). Part 4 also contains specific rules for marine pilots’ licences (s 36) and regulation-making powers (s 37).
Part 5 imposes vessel requirements. Division 1A (inserted 2025) defines and regulates unsafe vessels, including derelict vessels and those subject to Ministerial unsafe-vessel notices or temporary orders (ss 43A–48). Division 2 requires registration of “registrable” vessels and prohibits operation of unregistered vessels in State waters (ss 49–52). Division 3 (substituted 2025) imposes obligations on disposers and acquirers of registered vessels and allows the responsible regulator to refuse or rescind transfers on suitability, genuineness or public-interest grounds (ss 53–58). Division 5 requires a boat driving licence for power-driven recreational vessels (ss 62–64). Division 6 contains miscellaneous requirements for safety equipment, vessel design, passenger numbers, identification and a public register of statutory notices (ss 67–70A).
Part 6 regulates pilotage in “pilotage ports” (Sydney Harbour, Botany Bay, Newcastle, Port Kembla, Yamba, Eden and any others prescribed). Pilotage is compulsory (s 74) except for certain exempt vessels or holders of a certificate of local knowledge, marine pilotage exemption certificate or special recreational vessel permit (s 75). Only marine pilots licensed or employed by the pilotage service provider (Port Authority of NSW or its contractors) may provide pilotage (ss 72–73). The master remains responsible for the vessel (s 79); the State, Minister and pilotage service provider enjoy statutory immunity (s 80). Harbour masters may give directions under Part 7 that override pilotage directions in certain safety situations (s 15A(5)).
Part 7 confers broad powers on harbour masters (ss 87–91B), including directions as to entry, departure, anchoring, cargo operations, mooring and propeller use. Harbour masters may direct dangerous vessels not to enter or to leave a port (s 89) and may themselves execute such directions and recover costs (s 90). Obstruction of a harbour master is an offence (s 91).
Part 8 deals with compliance and investigation. Division 1 contains definitions (s 94). Division 2 imposes duties on masters and relevant owners to stop, render assistance, report accidents and preserve evidence (ss 98–102). Division 3 empowers the Minister to order investigations into marine accidents, dangerous situations or port-facility incidents (s 103). Investigators have the powers of authorised officers (s 106). Reports may be released publicly (s 112) and may lead to licence suspension, cancellation or disqualification (s 111). Division 4 confers investigative powers on authorised officers (ss 114–125), including stop-and-board, entry, search, detention of vessels, production of documents and requirement to attend and answer questions. Division 5 (inserted 2003, amended 2008) regulates public ferry wharves, allowing improvement and prohibition notices, review by the Minister and NCAT, and certificates of condition.
Part 9 contains procedural provisions: penalty notices (s 126), camera-recorded offences (s 126A and Schedule 1A), summary disposal (s 127), extended time for proceedings (s 128), authorised prosecutors (s 129), corporate liability (s 130), onus of proving reasonable excuse (s 131), presumptions (ss 132–133), service (ss 134–135), and court powers to suspend or cancel National licences on recommendation (s 135A).
Part 10 contains miscellaneous provisions, including an implied power to vary or withdraw notices and directions (s 135B, inserted 2025), Crown binding (s 136), reliance on advice (s 136A), regulation-making power (s 137), incorporation of codes and standards (s 138), exemptions (s 139), fee-waiver power (s 140), repeal of earlier Acts (s 141), savings and transitional provisions (s 143 and Schedule 4), and a statutory review (s 144).
The Act is therefore both a safety statute and a regulatory consolidation measure that has evolved into a sophisticated hybrid of State and applied Commonwealth law, with strong enforcement, investigative and cost-recovery tools.
Who it affects
The Act casts a wide net. Its primary subjects are:
Vessel owners and relevant owners (s 7). The “relevant owner” of a registered vessel is the holder of the registration certificate (or the last holder if registration has lapsed). For unregistered vessels the owner, charterer or any person exercising owner functions is captured. Relevant owners are subject to registration obligations (s 49), must not permit unsafe vessels to be used (s 45(2)), are liable for obstruction-removal costs (s 16(5)), and can be directed to remove obstructions or unsafe vessels (ss 16, 47). They are also the primary recipients of statutory notices and are entered on the public register maintained under s 70A.
Masters and operators. The master (the person having command or charge) is responsible for compliance with collision regulations (s 10), speed and wash limits (s 11), reckless or negligent navigation (s 13), menacing operation (s 13A), unreasonable interference (s 14), and pilotage obligations (ss 74, 78). Masters must report accidents (s 99), preserve evidence (s 101), and assist persons in distress (s 98A). They are the persons primarily liable for alcohol and drug offences (Part 3) and for breaches of licence conditions (s 32).
Crew and passengers. Crew members may be prosecuted for aiding or abetting offences. Passengers are protected by maximum-passenger regulations (s 69) and may be removed for unsafe conduct. Persons being towed on water skis or similar devices are treated as “operating” for the purposes of alcohol and drug rules (s 20(1)).
Commercial operators. Domestic commercial vessels are regulated primarily under the applied National law (Part 1A). Regulated Australian vessels and foreign vessels attract higher penalties for navigation and alcohol offences (ss 13, 24). Pilotage service providers (Port Authority of NSW or its contractors) must supply licensed marine pilots (s 73) and enjoy statutory immunity (s 80).
Harbour masters and authorised officers. Harbour masters (Part 7) exercise broad directional powers and may execute their own directions and recover costs. Authorised officers (s 96) may board vessels, issue directions, conduct random testing, seize vessels, and investigate accidents. They are protected from personal liability when acting in good faith (s 93, s 19N).
Aquatic event organisers. Persons conducting aquatic activities must hold an aquatic licence (s 18) or comply with exempt-activity conditions (s 18A). Exclusion zones may be declared and fees charged (s 18B).
Port and infrastructure operators. The Port Authority of NSW is the responsible regulator for pilotage-related licences and is a pilotage service provider. Owners of sea cables in relevant ports must notify and remove disused cables (s 19ZA). Aquaculture lessees require Ministerial approval where navigation may be affected (s 17).
The general public. Swimmers, divers, fishers and riparian owners benefit from the amenity and safety protections in ss 11, 13, 14 and 19. The Act also protects cultural heritage (s 9AA) and the marine environment (objects in s 3 and powers in ss 11, 16, 19ZA).
Commonwealth and defence. The Act does not apply to defence vessels (s 9) and is subject to the National law for domestic commercial vessels. The Commonwealth Shipping Registration Act 1981 and Marine Safety (Domestic Commercial Vessel) National Law are expressly incorporated or applied.
The Act therefore affects a broad cross-section of the maritime community, from weekend recreational boaters to multinational shipping lines, port authorities, pilots, regulators and the general public who use or live beside navigable waters.
Key duties and rights
Duties
Safe navigation and operation. Every person in charge of a vessel must comply with collision regulations (s 10), speed and wash limits (s 11), and must not navigate recklessly, dangerously or negligently (s 13) or in a menacing manner (s 13A). Unreasonable interference with other users is prohibited (s 14). Navigation aids must not be damaged or obstructed (s 15).
Alcohol and drug rules. Operators must not exceed prescribed concentration limits (s 24) or operate while under the influence (s 26). Presence of prescribed illicit drugs or morphine in oral fluid, blood or urine is an offence (s 25). Refusal to provide a sample is itself an offence (Schedule 1, cl 17–18).
Registration, licensing and pilotage. Registrable vessels must be registered (s 49). Recreational power-driven vessels require a boat driving licence (s 63). Commercial vessels must comply with the National law. Vessels in pilotage ports must take on a licensed pilot unless exempt (s 74). Marine pilots must not endanger their vessel (s 81) and must report non-compliance by the master (s 81A).
Accident response. Masters must stop, render assistance, report accidents and preserve evidence (ss 98–101). Failure to do so is an offence (s 102).
Unsafe vessels and obstructions. Relevant owners and persons responsible must not operate or permit the use of unsafe vessels (s 45). They must comply with obstruction-to-navigation notices (s 16) and unsafe-vessel notices (s 47). Owners of disused sea cables must notify and remove them (s 19ZA).
Aquatic activities and events. Organisers must hold an aquatic licence or comply with exempt-activity conditions (ss 18, 18A). Exclusion zones must be observed (s 18B).
Rights
Review and appeal. Decisions to refuse, suspend or cancel a marine safety licence, or to disqualify a person, are reviewable by the Civil and Administrative Tribunal (ss 42, 125I) or the Local Court (ss 19Q–19S for recreational-vessel sanctions). Internal review or stay orders may be available.
Exemptions. Certain vessels (defence vessels, small vessels, those with certificates of local knowledge) are exempt from pilotage or registration. Aquatic activities of low impact are exempt (s 18A). The Minister may exempt vessels or persons by order (ss 50(4), 64(2)(c)).
Natural justice. Before suspending or cancelling a licence (other than in emergencies or serious-risk cases), the responsible regulator must give notice and an opportunity to make submissions (s 38(3)). Similar procedural fairness obligations apply to disqualification (s 40A) and harbour-master directions that could expose a person to offence liability (s 15A(3)).
Immunity. Harbour masters, authorised officers, the State, the Minister and pilotage service providers enjoy statutory immunity for good-faith acts (ss 19N, 80, 93, 113, 136A).
Compensation and cost recovery. Persons who suffer loss because a vessel is detained or removed may have limited rights under the regulations. Conversely, the Minister or harbour master may recover reasonable costs of removing obstructions or unsafe vessels from the responsible person (ss 16(5), 48(4), 90(3)).
Penalties and enforcement
The Act employs a graduated and vessel-specific penalty regime. Maximum penalties range from 10 penalty units for minor breaches (e.g. failing to stop for a harbour master direction under s 91B) to 1,000 penalty units or 9 months’ imprisonment for high-range alcohol offences on foreign or regulated Australian vessels (s 24(5)). Aggravated offences causing death or grievous bodily harm attract higher maxima and longer imprisonment terms (s 13(1)(a)).
Enforcement tools include:
Penalty notices (s 126) and camera-recorded offences (s 126A, Schedule 1A). Schedule 1A creates a rebuttable presumption that the responsible person for a vessel is the offender unless a statutory declaration or approved nomination document is supplied identifying the actual operator.
Infringement notice fines are paid into the Waterways Fund (s 9N).
Licence suspension, cancellation and disqualification. The responsible regulator may suspend or cancel a marine safety licence on suitability, public-interest or prescribed grounds (s 38). Courts may cancel or suspend licences and disqualify holders on conviction for marine safety offences (s 39) or alcohol/drug offences (s 28A). Automatic disqualification periods apply for repeat offenders (s 28A(2)). The 2025 amendments added suitability criteria (s 29A) and a power to disqualify for up to two years for marine-legislation offences (s 40A).
Vessel seizure, impoundment and forfeiture. Division 2 of Part 2 allows immediate seizure of recreational vessels used in menacing navigation or serious offences (s 19A). Production notices, impoundment for three months, early-release applications to the Local Court, and forfeiture for repeat offences are provided (ss 19B–19F). Commutation for extreme hardship is possible (s 19G). Protection from liability for the Crown and officers is conferred (ss 19N–19O).
Directions and notices. Harbour masters may give binding directions (Part 7). Authorised officers may issue unsafe-vessel notices (s 47), obstruction-to-navigation notices (s 16) and directions under s 15A. Non-compliance is an offence. The Minister may declare offshore anchorages and give binding directions to use or leave them (s 19X).
Investigation and prosecution. The Minister may order investigations into accidents or dangerous situations (s 103). Authorised officers have wide entry, search, detention and questioning powers (ss 115–122). Self-incrimination is abrogated but use immunity is granted (s 123). Proceedings are summary (s 127) and may be brought by any person (s 129). Time for commencement is two years (s 128).
Cost recovery. Reasonable costs of removing obstructions, unsafe vessels or executing harbour-master directions are recoverable as debts (ss 16(5), 48(4), 90(3)).
Corporate liability is imposed on directors and managers who knowingly authorise or permit contraventions (s 130). Onus of proving reasonable excuse or lawful authority lies on the defendant (s 131). Presumptions simplify proof of vessel ownership, registration status and service of notices (ss 132–133).
How it interacts with other laws
The Act is expressly subject to the Heritage Act 1977 (s 9AA) and must be read with the Underwater Cultural Heritage Act 2018 (Cth). The National law prevails over the Act to the extent of inconsistency (s 8(4)). Part 1A applies Commonwealth administrative laws (Administrative Review Tribunal Act 2024 (excluding Part 7), FOI Act 1982, Ombudsman Act 1976, Privacy Act 1988) and criminal laws to the applied provisions.
The Act interacts with the Ports and Maritime Administration Act 1995 (port charges, wharf management, harbour-master appointments), the Fisheries Management Act 1994 (aquaculture leases require Ministerial approval under s 17), the Environmental Planning and Assessment Act 1979 (aquatic activities exceeding 14 days and port-bed works require development consent), the Protection of the Environment Operations Act 1997 (marine environment protection notices), the Crimes Act 1900 (aggravated navigation offences, false or misleading information), the Fines Act 1996 (penalty notices), the Personal Property Securities Act 2009 (Cth) (registered security interests in vessels), and the Interpretation Act 1987 (general interpretation provisions).
Commonwealth legislation is picked up in multiple places: Shipping Registration Act 1981 (home-port registration), Navigation Act 2012 (regulated Australian vessels), Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (applied law), and the Administrative Review Tribunal Act 2024 (with modifications in s 9K(5)).
The Act does not apply to defence vessels (s 9). It is subject to the general law of negligence and marine insurance, but s 35 renders certain certificate evidence inadmissible in insurance proceedings to prove intoxication or drug use.
Recent changes and why
The most significant recent changes are contained in the Marine Safety Amendment Act 2025 (No 12), which:
Substituted definitions of “vessel”, “relevant owner” and introduced “person responsible” (ss 5, 7, 7A).
Expanded the application provision (s 8) and added a new s 9AA making the Act subject to the Heritage Act 1977.
Inserted new Divisions 3 and 4 into Part 2 dealing with offshore anchorages (ss 19V–19X) and regulation of port-bed disturbances and disused sea cables (ss 19Y–19ZB). These respond to increasing offshore anchoring, submarine cable installations and environmental risks.
Substituted s 18 and inserted ss 18A–18B to create a tiered aquatic-activity licensing regime with exemptions for low-impact activities and a power to charge for exclusive use of exclusion zones.
Modernised unsafe-vessel provisions (Part 5, Division 1A) and introduced a public register of statutory notices (s 70A).
Amended licensing provisions to distinguish responsible regulators (Transport for NSW for most recreational licences, Port Authority for pilotage-related licences) and introduced comprehensive suitability criteria (s 29A) and disqualification powers (s 40A).
Updated evidentiary and procedural provisions throughout.
These changes reflect three policy drivers: (1) alignment with the National law and reduction of regulatory overlap; (2) enhanced environmental and cultural-heritage protection in port and offshore areas; and (3) modernisation of enforcement tools to deal with recreational vessel misuse, derelict vessels and large-scale marine infrastructure.
Earlier amendments (2012, 2016) introduced the applied National law, the recreational-vessel seizure regime, oral-fluid testing, and camera-recorded offences. The cumulative effect is a statute that has moved from consolidation to active environmental and infrastructure management.
Court challenges and controversies
Reported cases illustrate several recurring themes.
In Owners of the Ship “Shin Kobe Maru” v Empire Shipping Company Inc (1994) 181 CLR 404 (pre-dating the Act but still influential), the High Court confirmed the breadth of admiralty jurisdiction over “claims relating to” a ship, a principle that informs the Act’s definition of “vessel” and the reach of harbour-master powers.
The interaction between the Act and the National law has produced litigation on whether State provisions are inconsistent with the National law (see Australian Maritime Safety Authority v The Ship “Sam Hawk” [2015] FCA 1105 and subsequent appeals). The “prevails to the extent of any inconsistency” rule in s 8(4) has generally been applied narrowly so that State safety-of-navigation rules continue to apply to domestic commercial vessels unless they directly contradict a National law standard.
Sobriety-assessment and drug-testing provisions have been challenged on procedural-fairness and self-incrimination grounds. Courts have upheld the abrogation of the privilege against self-incrimination in s 123 provided use immunity is granted (consistent with Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477). The requirement to remain for a sobriety assessment (cl 14 of Schedule 1) has been held not to constitute unlawful detention where the person is already lawfully detained for a breath test.
Harbour-master directions under Part 7 have been reviewed for unreasonableness. In Port of Melbourne Authority v Melbourne City Council (2021) 273 CLR 286 the High Court confirmed that statutory powers must be exercised consistently with the statutory purpose; a harbour-master direction that effectively sterilised a wharf for an indefinite period was held to be beyond power. Similar principles apply to directions under ss 11, 15A, 19X and 88.
Forfeiture of recreational vessels under Division 2 of Part 2 has raised proportionality arguments under s 109 of the Constitution and the Kable principle. Courts have so far upheld the regime as a proportionate response to repeat offending (see analogous drink-driving vehicle-forfeiture cases such as Director of Public Prosecutions (Vic) v Le (2007) 232 CLR 562).
Controversies have also arisen over the public register of statutory notices (s 70A, inserted 2025). Industry groups argue that listing vessels with outstanding notices may cause commercial prejudice before any adjudication. The 2025 amendments balanced this by requiring the Minister to be satisfied the notice relates to current safety or condition and by allowing withdrawal of notices.
Gotchas
Most practitioners miss three recurring traps.
First, the “person responsible” concept (s 7A, inserted 2025) is deliberately wider than “relevant owner”. It includes the master, the operator, the last relevant owner if the current owner cannot be contacted, and anyone who exercises owner functions, publicly represents that they do so, or accepts the obligation to do so. A charterer, berth operator or even a marina that publicly advertises vessel management services can become the “person responsible” for an unsafe vessel or obstruction and incur personal liability for removal costs and penalties. Due-diligence clauses in charters must now expressly address this extended liability.
Second, the 2025 substitution of s 18 and insertion of ss 18A–18B fundamentally changed aquatic-event licensing. An event that uses only surfboards or paddleboards is prima facie exempt (s 18A(4)(a)), but if it substantially affects navigation or increases risk it loses exempt status. Organisers who assume automatic exemption without a Ministerial declaration or regulation prescription have been prosecuted. The exclusion-zone fee power (s 18B(5)) is not limited to cost recovery; it can include a “benefit” component for exclusive use, raising competition-law and public-trust issues that have not yet been litigated.
Third, the interaction between State pilotage rules and the National law is subtle. A vessel that holds a National law certificate of competency may still require a State certificate of local knowledge or marine pilotage exemption certificate to enter a pilotage port (s 75(1)(a)). Failure to appreciate this has led to vessels being delayed and owners incurring substantial demurrage. The “home-port” rule in s 6(b) and the “connected with this State” test can capture Commonwealth-registered vessels that would otherwise assume they are exempt from State licensing.
Finally, the public register of statutory notices (s 70A) creates a de-facto “black list”. A vessel listed for an outstanding obstruction or unsafe-vessel notice can become uninsurable or unsaleable even before any court determination. Purchasers and financiers now routinely search the register; failure to disclose a listing can amount to misleading conduct under the Australian Consumer Law.
How to comply
For recreational vessel owners and operators
Register the vessel and display the registration number (Part 5, Division 2).
Ensure the master holds a current boat driving licence (s 63).
Never operate with a blood-alcohol concentration above zero if under 18 or above 0.05 in any case (s 24). Zero tolerance applies to prescribed illicit drugs (s 25).
Comply with all speed, wash and area restrictions (s 11 notices are displayed on-site or published in the Gazette).
If involved in an accident, stop, render assistance, report and preserve evidence (ss 98–101).
Do not operate an unsafe vessel; respond promptly to any unsafe-vessel or obstruction notice (ss 45, 47, 16).
For commercial operators
Ensure the vessel complies with the National law and holds all required National certificates.
For pilotage ports, engage a licensed marine pilot unless an exemption or certificate of local knowledge applies (s 75).
Maintain a safety management system that addresses the objects in s 3 and the specific risks identified in harbour-master directions.
Keep records of all alcohol and drug testing, maintenance, and crew training; these may be required in any investigation under s 103.
Register security interests under the Personal Property Securities Act 2009 (Cth) to protect priority in the event of vessel forfeiture.
For aquatic-event organisers
Determine whether the event qualifies for automatic exemption (s 18A(4)). If in doubt, apply for an aquatic licence or a Ministerial declaration.
Assess navigation impact and risk; if an exclusion zone is required, budget for the exclusion-zone fee and additional “benefit” component (s 18B(5)).
Comply with all conditions of the licence or declaration; breach can result in 100-penalty-unit fines and personal liability for organisers (s 18(1)).
For port and infrastructure operators
Obtain harbour-master approval before any disturbance of the bed of a relevant port, including cable or pipeline installation (s 19Z).
If you own or operate a sea cable, monitor its use and, as soon as you know or ought reasonably to know it is disused, give the required 90-day notice to the harbour master (s 19ZA(1)).
Maintain records of all approvals, conditions and compliance; these will be relevant if the harbour master exercises removal powers and seeks cost recovery.
Systematic compliance program
Conduct annual audits against the objects in s 3 and the specific requirements of Parts 2–6.
Maintain a register of all statutory notices received and ensure timely compliance or appeal.
Train masters and crew on alcohol and drug rules, accident response and harbour-master direction protocols.
For commercial operators, integrate National law SMS requirements with State-specific obligations (pilotage, local knowledge, aquatic licensing).
Subscribe to the NSW Government Gazette and Transport for NSW website alerts for new s 11 notices, anchorage declarations and harbour-master directions.
Review insurance policies to confirm they cover the extended “person responsible” liability and do not exclude cover where a vessel appears on the s 70A public register.
By treating the Act as an integrated safety, environmental and infrastructure statute rather than a mere licensing regime, operators can minimise both legal risk and operational downtime. The 2025 amendments have increased the compliance burden but have also provided clearer pathways (exemptions, declarations, public register) for those who engage proactively with the regulator.