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Emergency response coordination (NSW Maritime)
Date issue released
Issue number
MO-2022-006-SI-05
Issue Status
Open – Safety action pending
Transport Function
Shore operations
Issue Owner
Transport for NSW (NSW Maritime)
Mode of Transport
Marine
Safety Issue Description

Transport for NSW (NSW Maritime), as the statutory agency responsible for ensuring that New South Wales was prepared to respond to an incident in accordance with the state’s plan that it maintained, had not effectively met this obligation. This resulted in the long delay in New South Wales assuming control of the incident and contributed to the inadequate coordination of the emergency response required for a single, integrated and comprehensive response and significantly prolonged the emergency.

Issue Status Justification

To be advised

Proactive action
Action number
MO-2022-006-PSA-03
Organisation
Transport for NSW (NSW Maritime)
Action Status
Monitor
Action description

Transport for NSW (NSW Maritime) advised the ATSB that it did not agree with the conclusions and contributing factors detailed in the investigation report with respect to its role and response to the Portland Bay incident.

However, NSW Maritime advised that since the incident it had taken the following action:

  • The draft inter‑agency memorandum of understanding in relation to hazardous materials in inland and state waters between NSW Fire and Rescue, NSW Maritime and the Port Authority of New South Wales (Port Authority) had been finalised.
  • In relation to a separate incident, NSW Maritime held discussions with the Port Authority about incident response outside ports but within the area of operations defined by its Port Safety Operating Licence (PSOL).
  • When the Port Authority’s PSOL was reissued, NSW Maritime discussed incident response with the Port Authority, including the intention to update response enforcement guidelines.
  • Conducted annual response exercises, including a combined exercise with the Australian Maritime Safety Authority in 2022 and a National Plan exercise in 2024, which included Port Authority participation to improve cooperation.
  • A state exercise in 2023 in which NSW Maritime and Port Authority participated included a pollution response involving a disabled ship and a place of refuge assessment.
ATSB Response

The ATSB notes with concern that NSW Maritime does not agree with the investigation’s findings with respect to its role and response to the incident. Of particular concern is the preparedness of the state to respond to an incident in accordance with the NSW Coastal Waters Marine Pollution Plan. This is heightened by the response of the Port Authority of New South Wales to the incident and the investigation’s findings, the lack of any safety action by the Port Authority and its interpretation that its role as the combat agency was not ‘enlivened’ during the incident.

The ATSB acknowledges the safety action taken by NSW Maritime, but further action is necessary to adequately address this safety issue to ensure that New South Wales is prepared to respond to an incident in the future, including effective response coordination with national and state agencies. Therefore, the ATSB has issued the following safety recommendation to NSW Maritime.

Safety recommendation
Action number
MO-2022-006-SR-04
Organisation
Transport for NSW (NSW Maritime)
Action Status
Monitor
Action description

The Australian Transport Safety Bureau recommends that Transport for NSW (NSW Maritime) takes safety action to adequately address this safety issue and ensure that New South Wales is prepared to effectively respond to an incident in accordance with the state’s plan.

Organisation Response

Date Received
Organisation
Transport for NSW (NSW Maritime)
Response Text

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.

ATSB Response

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.

ATSB Response date