NSW Fines or Jail for Operating Unsafe Vessels and New Powers to Inspect, Seize or Destroy Them

Marine Safety Amendment Bill 2024

18 Mar 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

criminal penalties environmental protection harbor management marine certificates marine safety maritime safety port management public safety sea cables vessel licensing vessel regulation +6 more

Introduced by: The Hon John Graham MLC (ALP); Jo Haylen MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

It is a criminal offence to disturb or interfere with the bed of a relevant port; the harbour master can grant approval to avoid this.
People can be disqualified from holding or being granted marine certificates for vessels.
Transport for NSW must keep a public register of vessels linked to statutory notices.
Disused sea cables must be removed from relevant ports.
Authorities can suspend or cancel marine safety licences.
Authorities can cancel a marine pilot's licence; this includes when the holder retires.
People who use or operate an unsafe vessel in State waters can be fined up to 1,000 penalty units (2026: $110,000) or jailed for 9 months. For second offences, the jail term increases to 12 months.
Authorised officers can board and inspect any vessel in or near State waters if they suspect it is unsafe.
If a person ignores a notice about an unsafe vessel, authorised officers can repair the vessel, move it out of State waters, detain it, or seize and destroy it.
People who remove a safety notice from an unsafe vessel or obstruction without a good reason can be fined up to 50 penalty units (2026: $5,500).
The marine regulator can cancel a person's marine safety licence and ban them from holding one for up to 2 years if they break marine laws.
Owners or masters of registrable vessels can be fined up to 20 penalty units (2026: $2,200) for using a vessel that is not registered or for breaking the conditions of a registration certificate.
Owners of disused sea cables can be fined up to 50 penalty units (2026: $5,500) if they ignore a harbour master's order to remove the cable. The harbour master can also remove the cable and charge the owner for the cost.

The Debate

What different members said when this bill was debated:

Natalie Ward LIB

“I speak on behalf of the Opposition on the Marine Safety Amendment Bill 2024. As flagged in the other place, the Opposition will not be opposing the legislation and will not be moving amendments in this place. I thank the Minister’s office for its work in briefing the Opposition on the legislation.”

Official source →

Cate Faehrmann GRN

“I speak about the Marine Safety Amendment Bill 2024. The bill will make various amendments to the way in which vessels operate in our waterways. The bill addresses some of the recommendations arising from a discussion paper on the Marine Safety Regulation, published by Transport for NSW in October 2022.”

Official source →

John Graham ALP

“I also reiterate that the Government is committed to improving safety in our waterways. One fatality is too many. Our aim must be to achieve zero fatalities and serious injuries in New South Wales waterways, as difficult as that task is. It requires us to strengthen our maritime legislation and build upon existing safety initiatives used in the management of our waterways. I thank the Hon.”

Official source →

News articles and press releases

Marine Safety Amendment Bill 2024

Ms JO HAYLEN, Minister for Transport — 2024-09-18

The bill will introduce amendments to improve the safety of the State’s port operations. Trading ports in New South Wales are vital to the community and the economy, contributing more than $15 billion to the State’s economy each year. In New South Wales, pilotage is compulsory for all commercial vessels over 30 metres while operating in a pilotage port. In this bill, the Government has taken the opportunity to harmonise the State’s legislative framework with other States and Territories where compulsory pilotage is regulated to vessels of 35 metres and above. The bill will therefore increase the minimum length of a vessel requiring pilotage from 30 metres to 35 metres, making the State’s maritime safety laws more consistent with others across the country.