The Port Authority of New South Wales did not have a proper and correct understanding of its responsibilities for emergency response under its operating licence and relevant state plans. This contributed to the inadequate coordination of emergency towage, salvage and refuge, which were critical for the single, integrated and comprehensive response required and significantly prolonged the emergency.
To be advised
Response by Port Authority of New South Wales
The Port Authority of New South Wales (Port Authority) did not advise the ATSB that it had taken or proposed to take any safety action to address this safety issue. The Port Authority advised the ATSB that its roles and responsibilities under relevant state plans and its operating licence were limited to responding to spills (pollution) and because that did not occur during this incident, its role as a combat agency under the NSW Coastal Waters Marine Pollution Plan was not ‘enlivened’.
ATSB comment
The ATSB has significant concerns that the Port Authority has not taken safety action to address this safety issue, and its interpretation of its roles and responsibilities under the state’s plans and its operating licence. The ATSB considers the ongoing risk due to this issue is unacceptably high with potentially severe consequences in the event of a similar incident and has, therefore, issued the following safety recommendation to the Port Authority.
The Australian Transport Safety Bureau recommends that the Port Authority of New South Wales takes safety action to adequately address this safety issue.
On 27 August 2025, the Port Authority of New South Wales (Port Authority) advised that it partially agreed with the ATSB’s recommendation associated with this safety issue and that it had taken the following action.
‘Port Authority has reviewed and where applicable, updated its internal incident response checklists and procedures. Port Authority maintains the view that it does not have the powers to play an enforcement role in issues of salvage and place of refuge which specifically rest with AMSA and the State Marine Pollution Controller. With regards to emergency towage, under Port Authority’s towage licence regime, an activation requirement for tug assets is in place noting this is subject to any powers of direction and noting that activation times for offshore emergency response is not immediate.’
The ATSB notes that the Port Authority partially agreed with the ATSB recommendation and its view as stated in its response. This suggests the Port Authority has a different understanding of its responsibilities for emergency response under its operating licence and relevant state plans than that described in those documents.
In addition, the Port Authority has not provided any detail of the action that it has taken to enable an assessment of the extent to which the safety issue may have been addressed. Therefore, the ATSB has asked the Port Authority to provide details of the action taken.
