Emergency response coordination (NSW Maritime)

On 30 June 2025, Transport for NSW (NSW Maritime) advised that it agreed with the ATSB’s recommendation to take safety action to adequately address the safety issue. It advised that the scope of the safety action will include the following key accountabilities.

• Ensuring that the Port Authority of New South Wales (Port Authority) has a clear understanding of its obligations under the state’s Coastal Waters Marine Pollution Plan (NSW Plan) and the Port Authority’s Port Safety Operating Licence (PSOL) and associated guidelines.
• Confirming the Port Authority’s capability to respond to incidents prescribed by the NSW Plan and PSOL.
• Continuing contributions to the review of the National Plan for Maritime Environmental Emergencies (National Plan), especially in relation to emergency towage and control functions.
• Reaffirming notification arrangements with the Australian Maritime Safety Authority, the Port Authority and Marine Rescue NSW.
• Reviewing the NSW Marine Pollution Act 2012 with respect to intervention provisions relating to powers of direction with a view to less reliance on the powers of the Maritime Emergency Response Commander (MERCOM) under Commonwealth legislation.

In addition to ensuring continuous improvement of the state’s marine pollution and maritime incident response arrangements and capability, Transport for NSW reaffirmed its commitment to closing out the recommendation.

The ATSB welcomes the scope of the safety action proposed by Transport for NSW (NSW Maritime) which has the potential to adequately address the safety issue. On 14 August 2025, the ATSB requested NSW Maritime to provide an update on the progress of safety action taken.

Transport for NSW (NSW Maritime) provided two brief updates on 22 August and 2 December 2025, respectively, and a substantive update on 20 January 2026.

On 6 August 2025, NSW Maritime and the Port Authority of New South Wales (Port Authority) met to discuss items within the scope of the former’s proposed safety action and decided to reconvene in September. At a meeting on 17 September, they decided to hold a workshop on 22 October, which was later postponed to 17 December.

The 20 January update included the following ‘key discussion points and outcomes of the workshop’, which are quoted.

1. Arrangements: The Port Authority is still of the view that they are only responsible for pollution response in the ‘Out of Port Area’ and that this does not include Place of Refuge or Salvage Management.  This view is drawn from several documents, including the PSOL [Port Safety Operating Licence] Appendix 2 response area diagram having a title of ‘Oil and Chemical Spill Responses’.
Depending on further discussions, NSW Maritime would propose to have the label of this diagram corrected to reflect arrangements detailed in the Coastal Water Marine Pollution Plan.

2. Place of Refuge: Port Authority does not believe it is responsible for a Place if Refuge scenario.
Depending on further discussions NSW Maritime proposes to amend the Coastal Waters Marine Pollution Plan to require the Port Authority to consult with the MPC [Marine Pollution Controller] where they believe a Place of Refuge is required or has been requested. The MPC would then determine the Combat Agency arrangements, including media management.

3. MPC appointment: Noting that the current MPC appointments include the Harbour Master Sydney as an alternate MPC, it was agreed that this function should sit with Transport for NSW Maritime.  NSW Maritime to draft a briefing note proposing removal of Port Authority as alternate MPC.
NSW Maritime to advise the Port Authority when alternative MPC roles are activated.

4. Handover: NSW Maritime to draft guidance material clarifying handover arrangements, leadership roles, and responsibilities, for discussion with Port Authority and AMSA [Australian Maritime Safety Authority].

5. ETV activation: Activation of the ETV [emergency towage vessel] by a State or NT was discussed and how this could be streamlined.  Whilst the NMERA IGA [National Maritime Emergency Response Arrangements Inter Governmental Agreement] says that the State / NT [Northern Territory] may activate the ETV this is not practical due to commercial contract arrangements. Additionally, NSW Maritime and the Port Authority identified concerns for State-based activation of ETVs due to user-pays considerations and existing contractual arrangements by the Commonwealth that may include straining already limited ETV resources. Port Authority of NSW’ preference is for ETV activation to remain with AMSA. Additionally, activation needs to consider existing Port Towage Agreements and associated liabilities. 

NSW Maritime to discuss ETV activation arrangements with AMSA, for improved and timely activation process.

6. Overarching outcome: As a conclusion of the workshop, it was agreed that NSW Maritime would formally write to the Port Authority expressing the position of NSW Maritime, including intent of the arrangements and PSOL.
NSW Maritime will also seek internal review of the areas that the Port Authority believe are ambiguous or not their function.

With respect to point 6 above, NSW Maritime stated that it ‘includes formal next steps to progress further discussion and resolution of views leading to necessary amendments to documents as required’.

The update indicates that NSW Maritime and the Port Authority have differing and divergent views on key matters related to effective coordination of the state’s emergency response under the NSW Plan and National Plan. While the agencies have engaged on these matters, the safety issue has not been addressed. The ATSB will request NSW Maritime to provide another update in July 2026.