Get Involved - Parliament

Marine Safety Amendment Bill 2024

Published on: September 2024

Record: HANSARD-1323879322-145661

Marine Safety Amendment Bill 2024

Second Reading Debate

Debate resumed from an earlier hour.

Mr TIM CRAKANTHORP (Newcastle) (17:47:12):Baragoola

The Marine Safety Amendment Bill 2024 also provides an amended definition of "unsafe vessel", which includes derelict vessels and former vessels. This will help the New South Wales Government to better regulate those vessels and address any safety and environmental risks that they present. Transport will be provided with the legislative tools to regulate end-of-life vessels that are unsafe and unseaworthy as derelict vessels, and to track and monitor previously registered vessels that are still used on the water other than as a means of transportation. These changes are expected to address the potential scale of end-of-life vessel abandonment and disposal across New South Wales and prevent incidents such as the sinking of the MV in 2022, which incurred approximately $5 million in removal costs for taxpayers.

To better facilitate management of maritime-related commercial activities, the bill will allow for more flexibility in the duration of the existing aquatic licences that can be issued. That enables better regulation of commercial and non-commercial activities with different periods and conditions. Consequently, waterway commercial businesses will be provided with greater business certainty. In contrast to the current situation, where businesses have no security of tenure and cannot transfer or sell their direction notice, business owners will be able to sell or transfer their aquatic licence to a new owner. Increased investments in maritime-related commercial activities will be facilitated and a clear pathway will be provided for new entrants to the market.

The changes I have detailed will be instrumental in achieving a future with hopefully zero fatalities and serious injuries on New South Wales waterways. In supporting the amendments, members are supporting safer and more efficient waterways and ports, as well as safer management of vessels in New South Wales. I commend the bill to the House.

Ms FELICITY WILSON (North Shore) (17:49:08):

I contribute to debate on the Marine Safety Amendment Bill 2024, which seeks to amend the Marine Safety Act 1998 to support a review and update of marine safety regulation. I note that the bill proposes several reforms to marine safety regulation which grants significant powers to the Minister and officers concerning obstructions and unsafe vessels, including removal and detention. I thank the Minister for bringing this legislation before the House. I recognise that it continues the work commenced under the former Liberal-Nationals Government in 2022-23 and that we all want to ensure that our waterways are safe.

The bill also introduces offences for unregistered vessels and changes to marine safety licences and introduces provisions regarding port bed disturbances and sea cable removal. Our beautiful Sydney Harbour is the envy of the world. We are so fortunate to live in a city that boasts such a beautiful natural environment as its crowning glory, which the member for Sydney also benefits from. Unfortunately, in many bays and coves around the harbour, derelict and dilapidated vessels are prolific as eyesores and environmental hazards. The proliferation of derelict vessels across Sydney Harbour is not a minor concern. Those abandoned boats, many of which are no longer seaworthy, are left to rust and rot, becoming hazards both to navigation and to the harbour's delicate ecosystem. The environmental damage and concerns caused by those vessels cannot be overstated.

Our harbour has such a rich and diverse ecosystem, with unique marine life and aquatic vegetation that are integral to the health of the waters and surrounding area. Yet abandoned vessels that are leaking fuel, oil and other toxic substances are contaminating the water. The materials used in some of the older vessels, in particular, such as paints, metals and even asbestos, are degrading, poisoning marine life and compromising water quality. Furthermore, the cost of removing abandoned vessels and deteriorating infrastructure is a burden that, sadly, too often falls on taxpayers. The process is costly and complex, particularly when owners cannot be traced or held accountable for their derelict property.

Baragoola

Those in my community remember well the sinking of the MV on 1 January 2022, which resulted in over eight months of recovery and salvaging work at a cost of $5 million to the New South Wales Government—to the New South Wales taxpayer. The salvage operations took many months, and Maritime and the Port Authority of NSW had to take extraordinary steps in order to contain and recover any pollution or debris from the vessel. They established an exclusion zone around the wreck to ensure the safety of everyone on the harbour.

I made several site visits with representatives from Transport for NSW, NSW Maritime and the Port Authority of NSW, and I can assure members that it was by no means an easy operation. Assessment dives had to be undertaken, as well as site assessments and general surface clean-ups; debris curtains were installed; a barge and excavation platform needed to be installed; and the wreck could only be removed piece by piece. Ongoing severe weather in the weeks following the sinking disrupted and delayed progress. At the same time a number of other weather-based emergencies across New South Wales stopped NSW Maritime from undertaking this work, as it worked to save lives and properties across the State.

Baragoola

The sinking occurred on 1 January, and it was not until early August that all the hull sections had been removed and transferred to a hardstand at White Bay, where the materials were processed for recycling when possible. Then there were the weeks of seabed cleaning by divers to remove any remaining smaller debris that had been left behind. In short, this was an incredibly difficult operation undertaken by NSW Maritime. It was an operation that could have been avoided. I recognise that people across my community, particularly in Waverton, spent many years drawing to NSW Maritime's attention the risk of the MV sinking into Sydney Harbour. Yet action was not taken to address it.

Baragoola

I note that the bill is expected to help prevent incidents such as the sinking of the MV and, in instances of a sinking, will ensure that we can work to reclaim those costs from the owners of the vessel. That is something a dedicated group of volunteers under the banner of "Save Our Sydney Harbour" has been championing. I take this opportunity to acknowledge that those volunteers are currently running a campaign and ePetition before this House to ensure that Sydney Harbour is cleared and kept clear of redundant, decaying vessels and failing structures that can pollute and degrade the environment and amenity of the harbour.

I acknowledge the work of Mary Curran, who is a local constituent of mine, a regular advocate and somebody who cares a lot about our harbour, particularly Waverton and Berrys Bay. I also acknowledge Stuart King from Balmain, who the member for Balmain has been working with on the ePetition. I have met with them to discuss the management and removal of derelict vessels and how to prevent it from happening in the future. They are both deeply passionate about keeping our harbour environmentally friendly. I thank them for their work and their passion in this space and applaud their efforts for driving change to protect our beautiful Sydney Harbour.

I turn now to the details in the bill regarding the strengthening of regulatory powers for unsafe vessels on our harbour. The bill will strengthen the regulatory powers for unsafe vessels to include derelict vessels and former vessels that are now unseaworthy or no longer meet the criteria for definition of a vessel. Under the amended definition, end-of-life vessels and increased risk vessels will be regulated under the unsafe vessel regime. An authorised officer will have the ability to direct the person responsible for such a vessel to remove it or authorise its removal or disposal after reasonable attempts have been made to notify the person responsible for the vessel of the proposed action.

Any reasonable costs incurred in the removal or disposal of the vessel may also be recovered from the person responsible as a debt in a court of competent jurisdiction. Transport for NSW will also be provided with regulatory scope to track and account for previously registered vessels that are still used on water other than as a means of transportation. This will enable the monitoring of unseaworthy vessels before they capsize, become partially submerged or sink. The bill also introduces an increase to the maximum penalty for the operation of an unsafe vessel to deter vessel owners more effectively from operating the unsafe vessels and to incentivise them to repair or remove those vessels from the water.

Baragoola

In relation to heritage vessels, of which we have many that still call Sydney Harbour home, the definition of a former vessel is not intended to override any existing heritage protections or legislative requirements that may apply to vessels in relevant heritage legislation. It is intended to provide regulatory scope for Transport to track and monitor vessels previously used as a means of transportation that are no longer seaworthy or usable but still occupying New South Wales waters. This will ensure appropriate action can be taken to prevent those vessels from capsizing, becoming partially submerged or sinking just like the MV.

By enforcing stricter regulations, removing hazardous vessels and fostering greater community awareness, we can protect our Sydney Harbour for future generations. We owe it to ourselves, our city and our nation to ensure that Sydney Harbour remains a place of beauty for all to enjoy. I thank the community advocates for ensuring that we have this initiative. I recognise the many years of work that has been put in by NSW Maritime and Transport for NSW to get to this point of reforming the legislation. I recognise the Minister and her staff for their work to ensure that we have safer waterways and a more environmentally friendly Sydney Harbour.

Ms JO HAYLEN (Summer HillMinister for Transport) (17:56:50):

— In reply: I thank the following members for their contribution to debate on the Marine Safety Amendment Bill 2024: the member for Shellharbour, the member for Newcastle, the member for Balmain, the member for Vaucluse and the member for North Shore. I will briefly address some of the matters raised during debate. The thoughtful and interesting comments by those members about their parts of New South Wales—in particular, our harbour—have brought some focus to the bill before the Parliament. My responsibility is to make sure that vessels and maritime infrastructure are salvaged properly as part of our legislative safety responsibilities. Sydneysiders enjoy the most beautiful harbour in the world, and abandoned or derelict vessels are not what we want to see when we are out on the water.

As well as impacting the environment, abandoned vessels can create navigational hazards and other hazards to those people who want to use our waterway. To manage this, NSW Maritime works with vessel owners and other agencies to monitor vessels that are identified as being at risk because they are reaching the end of their life. In 2023-24, NSW Maritime salvaged and disposed of 20 vessels and issued 75 notices to removal to vessel owners. Because of the increased number of ageing and derelict moored vessels in New South Wales, we need to strengthen our maritime regulatory powers to effectively manage unsafe vessels, including derelict vessels and former vessels. That includes clarifying existing vessel registration and transfer provisions, and providing Transport for NSW with the authority to refuse or rescind a transfer of vessel registration in the case of an unseaworthy or derelict vessel. We must also take action to proactively regulate unseaworthy and abandoned vessels in our waters before they escalate to become a significant problem for the public and the environment.

The amendments will help our authorised officers to take action to remove abandoned vessels and items in our waterways sooner. All vessels attached to moorings are subject to mooring licence conditions, and audits are conducted each year to ensure that moored vessels are compliant with relevant marine legislation. The position of a mooring site is determined by Transport for NSW within pre‑determined mooring area boundaries. Transport for NSW carries out a range of assessments to make sure a site is suitable, including on its safety of navigation, environment and amenity. We want to make sure that we also conduct a review of environmental factors. We do that before granting a mooring licence and approving the occupation of a mooring site.

I make the point that the Snails Bay dolphins, Balls Head and Berrys Bay wharf are integral infrastructure owned by Transport for NSW and they form part of Sydney's working harbour. They provide necessary mooring and storage facilities for large vessels which, due to their size and load, may not be able to be berthed or located at other locations on the harbour. I am pleased to inform the House that we are progressing with make‑safe works for heritage‑listed infrastructure like the Coal Loader Wharf, and we will continue our work to keep our beautiful harbour safe and clean for all waterway users. By improving the safety of our port operations, we can also reduce navigational hazards and uphold high safety standards for marine pilots and commercial ships visiting New South Wales ports.

The protection of our marine environment is a priority. The bill helps us manage sea floor impacts through the designation of anchorage areas located away from sensitive habitats to protect areas with high‑conservation and heritage value. To achieve more effective management of commercial activities affecting waterway safety and navigation, the bill will allow for more flexibility in the duration of the existing aquatic licences that can be issued. Waterway commercial businesses in New South Wales can be better regulated under conditions that best suit the nature of those businesses. The bill will provide businesses with greater certainty and facilitate increased investments in marine‑related commercial activities. That is good for those businesses. It is important that we secure safe and effective management of our waterways and the vessels that operate on them. That is exactly what the bill does. I commend the bill to the House.

TEMPORARY SPEAKER (Ms Donna Davis):

The question is that this bill be now read a second time.

Motion agreed to.

Consideration in detail requested by Ms Kobi Shetty.

Consideration in Detail

TEMPORARY SPEAKER (Ms Donna Davis):

By leave: I will deal with the bill in groups of clauses and schedules. The question is that clauses 1 and 2 and schedules 1 and 2 be agreed to.

Ms KOBI SHETTY (Balmain) (18:02:03):

By leave: I move The Greens amendments Nos 1 to 4 on sheet c2024‑165D in globo:

Condition of vessel registration certificate

No. 1

Page 15, Schedule 1. Insert after line 14—

[40A]Section 31(3A) and (3B)

Insert after section 31(3)—

(3A)A vessel registration certificate for a vessel is subject to a condition that the vessel must be covered by a form of indemnity—

(a)approved by the Minister, and

(b)for an amount set by the Minister for the kind of vessel.

(3B)The amount set by the Minister must be no more than the reasonable costs that the Minister may recover in relation to the kind of vessel under section 48.

Unsafe vessels

No. 2

Page 19, Schedule 1[47], proposed section 44(2), line 15. Omit "considers the vessel unsafe.". Insert instead—

considers that—

(a)the vessel is unsafe, or

(b)the vessel—

(i)is in poor condition, and

(ii)has been unattended in State waters for a period of 12 months or more.

Moored or berthed unsafe vessels—offence

No. 3

Page 19, Schedule 1[47], proposed Division 1A. Insert after line 44—

45AMoored or berthed unsafe vessels

A person responsible for an unsafe vessel must not allow the unsafe vessel to be moored or berthed at one location in State waters without being moved for a period of 12 months or more, except with the approval of the Minister.

Maximum penalty—50 penalty units.

Moored or berthed unsafe vessels—inspection

No. 4

Page 20, Schedule 1[47], proposed section 46. Insert after line 1—

(1)The Minister must take reasonable steps to ensure an authorised officer boards and inspects a vessel or former vessel if the vessel or former vessel has, without the approval of the Minister, been moored or berthed at one location in State waters without being moved for a period of 12 months or more.

These amendments are required to strengthen the bill and to ensure that owners of derelict and dilapidated vessels are incentivised to do the right thing and take steps to deal with vessels when they become unsafe. As I referred to in my second reading debate contribution, one of the issues I frequently hear about in my electorate is that often abandoned, unseaworthy vessels and other marine items are lawfully moored for extended periods in the harbour. That presents a safety risk to the community as well as a risk to the environment, and those responsible should be required to take steps to manage those risks. Furthermore, they should be required to bear the costs should those risks eventuate. Vessels can be left for so long that they become unsafe, and for years my community has been calling on the department to be more proactive in managing the issue.

To that end, these amendments will require the person responsible for a vessel to indemnify the Government for the reasonable costs of dealing with the vessel under this legislation in the event that it becomes unsafe; include vessels that are in poor condition and have been unattended in State waters for a period of 12 months or more in the definition of "unsafe vessel"; prevent unsafe vessels from being allowed to remain moored or berthed at one location in State waters without being moved for 12 months or more unless otherwise approved; and require an authorised officer to inspect vessels and former vessels that have been moored or berthed in the one location in State waters without being moved for 12 months or more without approval. I thank the Waterfront Action Group and the Save Our Sydney Harbour campaign teams for their assistance on the bill and for their commitment to a clean, safe harbour that everyone can enjoy. In particular I thank Stuart King, George Citer and Mary Curan—who the member for North Shore also mentioned—who have engaged with me and my office on these issues over many years. I also thank the Minister and her office for their constructive engagement on the bill. I urge members to support the amendments.

Ms JO HAYLEN (Summer HillMinister for Transport) (18:05:20):

— The Government opposes The Greens amendments. I acknowledge The Greens' intentions with the amendments and the constructive approach that the member for Balmain has taken. I appreciate that the amendments are about significant community expectations relating to the preservation of our harbour. I completely appreciate the way that The Greens have engaged and the importance of the safety and protection of our waterways to all of us. The amendment relating to the condition of the vessel registration certificate cannot be supported due to the potential large cost impost and the unknown impact it would have on boaters. No consultation has been conducted with boaters or the insurance industry on the implications of the amendment nor has there been an assessment of the practicality of determining appropriate amounts for different types of vessels.

There is also a potential risk of overlap with legislation, such as the Commonwealth Protection of the Sea (Civil Liability) Act 1981, which requires certain vessels to carry relevant insurance certificates on board. In the existing Marine Safety Act, section 16 (5) relating to an obstruction to navigation and section 46 (6) relating to an unsafe vessel already allow the Minister to claim back the cost of dealing with any obstruction or unsafe vessel in court. Transport for NSW can already impose an insurance requirement on a case‑by‑case basis under section 31 of the Act if required. A requirement for vessel insurance has previously been consulted on in the context of moorings reform and end‑of‑life vessels, and that did not receive support.

The bill improves the management of vessels by introducing the concept of "former vessels". That is important because it makes sure that any vessel that used to be a vessel remains a vessel and is required to be registered. The bill also broadens the concept of "owner" to better deal with vessels that are passed between custodians. The amendment relating to unsafe vessels is not supported because the term "in poor condition" is not definitive enough. That is an important point. A vessel may quite properly and lawfully be unattended for as long as the owner likes as long as it is lawfully berthed and moored and is in good condition and safe.

There are sufficient provisions to deal with vessels that are unlawfully moored or anchored for too long, including existing provisions relating to the anchoring of vessels imposed under clause 17A of the Marine Safety Regulation 2016. Vessels that are not legally berthed or moored would be subject to a notice to remove under section 16 of the Act. Section 31 (1) (k) of the Ports and Maritime Administration Regulation 2021 allows for mooring licences to be cancelled if a vessel that a licence relates to is not seaworthy or presents a risk to the environment or property, and prohibits the mooring of a vessel without a valid mooring licence.

We do not support the amendment in relation to the offence of moored or berthed unsafe vessels because it is not necessary. Transport for NSW generally requires a vessel owner to take action on an unsafe vessel in a much shorter time frame than 12 months, often 14 to 21 days, or requires owners to develop a plan of action to complete the required works within a specified period. The Government does not support the amendment relating to moored or berthed unsafe vessels, as Transport for NSW will board and inspect an unsafe vessel if required, and would do so in a period of much less than 12 months. I again thank the member for Balmain for her constructive engagement, but the Government cannot support the amendments.

Ms KELLIE SLOANE (Vaucluse) (18:09:27):

I thank the member for Balmain for moving the amendments. The Opposition will follow the Government's position in not supporting the amendments. The Government has provided Opposition members with an adequate briefing about the amendments, and we follow the Government's view on this matter. Taking the amendments as a whole, there are several key reasons that the Opposition will follow the Government's position. These include vessel insurance requirements, which are complex and would preferably include engagement with the insurance industry, as only certain vessel insurance products are available in Australia; the fact that there are sufficient provisions to deal with vessels that are unlawfully moored or anchored for too long, including existing provisions relating to the anchoring of vessels; the fact that there are already similar controls in place and the amendment is not necessary, as Transport for NSW already has sufficient existing powers; and the fact that Transport for NSW will board and inspect an unsafe vessel if required, and would do so in a period of less than 12 months. On that basis, the Opposition follows the Government's position in not supporting the amendments.

TEMPORARY SPEAKER (Ms Donna Davis):

The question is that The Greens amendments Nos 1 to 4 on sheet c2024-165D be agreed to.

Amendments negatived.

TEMPORARY SPEAKER (Ms Donna Davis):

The question is that clauses 1 and 2 and schedules 1 and 2 be agreed to.

Clauses 1 and 2 and schedules 1 and 2 agreed to.

Third Reading

Ms JO HAYLEN:

I move:

That this bill be now read a third time.

Motion agreed to.