Full description
The Waterways Authority was established under the Ports Corporatisation and Waterways Management Act 1995 (Act No.13, 1995). The Act received assent on 15 June 1995 (1) and the Waterways Authority became operational from 1 July 1995. (2)
The functions of the Waterways Authority were to exercise functions conferred upon it by marine legislation or other statutes of New South Wales including any functions delegated to it by the Minister. Primarily the Authority took on the remaining functions of its predecessor, the Maritime Services Board of New South Wales 1936-1995. That is to:
- Control of structures used by trading vessels in ports or navigable waters including investigation into proposed structures and removal of unauthorised ones;
- Erect or make alterations to structures such as embankments, retaining walls, reclamations, wharves, docks, piers, jetties, landing stages, mooring apparatus, slips, platforms, or other structure or apparatus, on land vested it or for which it is responsible;
- Maintain or improve the navigation of the rivers and channels within, or leading into, the areas vested in it by dredging, cleaning, and scouring and methods;
- Enter into contracts with any person or with the Crown for the execution of any work or the provision of any services, materials or labour to enable it to carry out its function;
- Construct roadways or install lighting or land vested in it;
- Provide or arrange for patrols on land or installations under its control to prevent unauthorised access or use of its land or facilities;
- Provide and maintain fire fighting and other rescue equipment for us on waterways and its properties;
- Regulate the speed of vessels in waterways;
- Remove obstructions or unauthorised structures in waterways on the Authorities land or properties;
- Require parties who cause siltation or erosion in the various ports to take corrective action;
- Impose penalties for the obstruction of waterways with vessels or other material;
- Hire or lease its vessels, floating and movable plant, mobile cranes, vehicles, machinery or apparatus together with the services of any persons employed in the operation thereof upon such terms as it deems fit, and it could also dispose of any such equipment that it no longer required;
- Provide information relating to the duties of the Harbourmaster; and
- Require the repair of unseaworthy vessels that used waterways or shores. (3)
The Authority also had responsibilities under the Commercial Vessels Act, 1979, Environmental Offences and Penalties Act, 1989, Marine Pollution Act, 1987, Navigation Act 1901, Noise Control Act 1975; Pilotage Act 1971; Pollution Control Act 1970; Rivers and Foreshore Improvement Act 1948 and the State Emergency and Rescue Management Act, 1989. (4)
By 30 June 1996 the Minister had transferred all of his legislative responsibilities relating to waterways except those that concerned vessels that do not require a pilot or those whose master held a pilotage exemption certificate. (5)
In order to carry out these functions the Authority could:
- Acquire, use or dispose of land buildings, vessels, equipment and other assets;
- Enter into contracts or arrangements for carrying out works or providing services or supplying goods or materials; and
- Appoint agents or to act as agents for other persons.(6)
The Waterways Authority was responsible for the Waterways Fund that consisted of money appropriated by Parliament for the use of the Authority; money borrowed by the Authority; interest received for the investments of the Fund; income from penalties imposed by the Authority; and all other money received by the Authority other than that required to be paid into the Consolidated Fund. (7)
The Chief Executive of the Waterways Authority, who was responsible for the Management and Control of the Authority, was appointed by the Governor. (8) John Quinlan (formerly General Manager of the MSB Waterways Authority) was appointed acting Chief Executive in July 1995. (9). There were seven business units of the Waterways Authority by 30 June 1996. These were Commercial Vessels; Property and Assets; Policy and Planning; Business Services; Human Resources, Information Technology and Regional Boating. The Regional Boating section had three regional managers with responsibilities for North, South and Sydney respectively. (10)
Waterways was responsible for all non-pilotage vessels on navigable waters up to 3 nautical miles from the coast. This included salt and fresh water rivers; lakes, dams and estuaries open to the public. (11) Waterways managed properties belonging to the Marine Ministerial Holding Corporation including all ferry wharves, non port related drylands and 1985 commercial and private wetland leases (marinas, wharves, restaurants, boatsheds, slipways, jetties and pontoons) (12) Much of the waterway regulation was achieved by registration or licensing vessels, issuing mooring and aquatic licenses and wetland leases. (13)
Some of the statutory functions of the agency concerned protection of the marine environment and progress toward reduction of noise pollution, and control of vessel discharge into waterways were made in the first year of operation. Following the dissolution of the MSB Waterways Authority, the various port corporations and the NSW Fire Brigades became the primary response agencies for oil spills although the Waterways Authority provided assistance. The Authority operated the Harbour Cleaning Service for the government that provided project management skills for tasks such as foreshore cleanup and was assisted by the Department of Corrective Services and various local Councils to accomplish specific clean-up tasks. (14)
In 1996/97 the Service Performance and Operations Division of the Premier's Department (SPOD) recommended a restructure of Waterways Authority to include only three general managers with respective responsibility for; Operations; Business Services; and Policy Planning and Research. (15) Other significant changes in this year included the establishment of a Waterways Authority Policy Advisory Group to represent recreational and commercial boating interests (16) The Authority chaired the second National Marine Safety Data Workshop in March 1997. The participants from all Australian States and Territories and New Zealand agreed on a definition of a marine incident; the minimum data for collection following an incident and common definitions and business rules for collecting marine incident data across in Australasia. (17)
In February 1997 additional licensing was introduced for users of personal watercraft (PWC). This required further education about water safety, the environment, and rider behaviour aimed at reducing incidents involving swimmers and other vessels, and complaints from local communities. (18) The Authority produced a booklet for the owners of yachts visiting Sydney for the Olympic Games in 2000 setting out requirements for mooring in the Harbour. The Authority was also concerned with strategic planning to free competition paths for waterways events during the Games. (19)
In January 1998 the Premier of NSW established the Water Safety Taskforce comprising representatives from the Waterways Authority, several other State Government agencies and non-government organisations. At the end of 1998 a plan to encourage safer swimming in NSW waters was announced. A boat safety program was also implemented with both State-wide and regional campaigns promoting well-maintained and accessible safety equipment, navigation lights, the importance of observing speed limits, bar crossings and on-shore safety. (20)
On 23 February 1999 the Waterways Authority entered a formal agreement with the State Rescue Board that provided for an annual budget to ensure safe operating standards for the vessels and crew of volunteer marine rescue organisations. (21)
During 2000 the Maritime Ministerial Holding Corporation (MMHC) - a statutory body without staff - was abolished and its functions that had previously been managed by the Maritime Assets Division of the Department of Transport were transferred to the Waterways Authority. The transfer that commenced with a Ministerial Order on 10 March 2000 on was complete on 29 June 2000 when the Statute Law (Miscellaneous Provisions) Act 2000 formally abolished the MMHC. As a result of this administrative change major assets were transferred to the Authority including:
- Former commercial shipping wharves that were being developed for other purposes (such as Walsh Bay, Woolloomooloo Bay);
- Commercial foreshore properties including lands at Homebush Bay;
- Lands set aside for future port development;
- Numerous wharves and jetties in Sydney Harbour, Parramatta River and at Newcastle;
- Wetlands below the high watermark that contained shipping facilities mainly for private enterprise petroleum and coal businesses;
- Wetlands containing commercial leases for boatshed, marinas and restaurants;
- The seabeds of the major ports;
- Navigation aids in the regional ports of Yamba and Eden. (22)
In order to manage the additional business the Maritime Assets business unit, headed by an Executive Director was established within the Waterways Authority. (23)
During the Sydney 2000 Olympic Games the agency maintained a Sydney Harbour Operations Centre and staff operated exclusion zones during water events, gave safety advice and managed the mooring of an unprecedented number of super yachts and smaller vessels. (24)
New Regulation under new the Protection of the Environment Operations Act, 1997 issued on 7 December 2001 established the Waterways Authority as an appropriate regulatory authority to enforce maritime cleanliness. The Act required the owners and operators of vessels to prove that the vessel was capable to disposing of its own waste and they were responsible for the cost of clean-up after pollution incidents in waterways. In order to exercise this function the officers of Waterways were authorised to enter and search vessels; stop vessels for inspection or testing; require operators to supply records, state their names and addresses and answer questions. (25) The Protection of the Environment (Noise Control) Regulation 2000 increased the authority of Waterways staff to stop and issue a penalty notice to vessels that created offensive noise. (26)
On 1 September 2004 the Waterways Authority began trading as 'NSW Maritime' (under the Business Names Act 2002), following the Waterways Review which recommended a restructure of the Waterways Authority. (27) The name was officially changed from the Waterways Authority to the Maritime Authority of NSW from 20 June 2006 by the Statue Law Miscellaneous Provisions Act 2006. (28) From 30 October 2006 under the Ports Corporatisation and Waterways Management Amendment Act 2006 (Act No.84, 2006) the Ports Corporatisation and Waterways Management Act 1995 became the Ports and Maritime Administration Act 1995. (29)
From 1 July 2009 when the Ministry of Transport was abolished the Maritime Authority became a branch of the new Principal Department, the Department of Transport and Infrastructure. (30) The name of this department was changed to Transport NSW from 1 July 2010. (31)
From 4 April 2011 when the name of Transport NSW was changed the Maritime Authority became a branch of the Department of Transport. (32)
In October 2011 the Maritime Authority comprised the Ports and Shipping Division, the Maritime Operations Division, the Policy Risk and Governance Division, the Corporate Services Division, the Maritime Property, Planning and Infrastructure Division and the Office of Boating Safety which reported to the Acting General Manager. (33)
The Maritime Authority was abolished on 1 November 2011 by the Transportation Legislation Amendment Act 2011 (Act No.41, 2011) which amended the Ports and Maritime Administration Act 1995 (Act No.13, 1995). The functions of the abolished authority were transferred to Roads and Maritime Services. (34)
Endnotes
1. New South Wales Government Gazette No.77, 23 June 1995, p.3273.
2. New South Wales Government Gazette No.79, 30 June 1995, p.3435.
3. Maritime Services Act 1935 No 47 as amended s.13.
4. Ibid. Schedule 4.
5. Report of the Waterways Authority for the year ended 30 June 1996 p.5.
6. Ports Corporatisation and Waterways Management Act, 1995 s. 41.
7. Ibid. s. 42.
8. Ibid. s. 36-37.
9. Report of the Waterways Authority for the year ended 30 June 1996, p.4.
10. Ibid., p.23.
11. Ibid., p.5.
12. Ibid., p.17.
13. Ibid., p.5.
14. Ibid. pp.15-16.
15. Report of the Waterways Authority for the year ended 30 June 1997, p.3.
16. Ibid., p.6.
17. Ibid., p.11.
18. Report of the Waterways Authority for the year ended 30 June 1998, pp.17-18.
19. Ibid., p.34.
20. Report of the Waterways Authority for the year ended 30 June 1999, pp.16-17.
21. Ibid., p.11.
22. Report of the Waterways Authority for the year ended 30 June 2000, pp.72-73.
23. Ibid., p.8.
24. Report of the Waterways Authority for the year ended 30 June 2001, p.4.
25. Protection of the Environment Operations Amendment (Waterways Authority) Regulation 2001 in NSW Government Gazette, 7 December 2001, pp.9596-99.
26. The Protection of the Environment (Noise Control) Regulation 2000 Part 3: Marine Vessels in NSW Government Gazette, 1 September 2000, pp.9343-47.
27. NSW Maritime Authority, Annual Report, 2004/2005, pp.14-15; NSW Maritime Authority Annual Report, 2005/2006, p.13.
28. Statute Law Miscellaneous Provisions Act 2006 (Act No.58, 2006) Sch.1 (date of assent, 20 June 2006).
29. Ports Corporatisation and Waterways Management Amendment Act 2006 (Act No.84, 2006) Sch.1 [1] amending s.1 of the Principal Act.
30. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls. 34; notified on NSW Legislation website, 27 July 2009.
31. Transport Administration Amendment Act 2010 (Act No.31, 2010) Sch. 1.2 [1] amending the Public Sector Employment and Management Act 2002 (Act No.43, 2002) Sch. 1; Commencement Proclamation (2010 No 294); notified on NSW Legislation website, 25 June 2010.
32. Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cls. 44; notified on NSW Legislation website, 3 April 2011.
33. Maritime NSW, Final Annual Report, 1 July 2011-31 October 2011, p.27.
34. Transport Legislation Amendment Act 2011 (Act No.41, 2011), Sch.2 cl.20 adding Part 4 s.19 (1) to the Principal Act.
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