The Ports and Maritime Administration Act 1995 (the Act) sets the framework for ports and maritime management across the State, including relevant functions of the Port Authority of New South Wales and the two private port operators, marine safety, wharves and moorings, port price monitoring and the regulation of parts of the port supply chain. 

The Act enables the Port Botany Landside Improvement Strategy (PBLIS), which was introduced to support improved efficiency and reduced congestion in and around the Port Botany precinct, primarily by regulating the performance of stevedores and road carriers at the container terminals.

PBLIS was introduced in 2010 following the 2008 Independent Pricing and Regulatory Tribunal findings about inefficiencies with container movements at Port Botany.

Parts of the freight industry have called for a review of PBLIS and it is appropriate that a comprehensive review of the regulatory framework that covers the landside interface of the Port Botany container terminals is completed, to ensure it is supporting efficiency and productivity.

It is also timely that a comprehensive review of the Act is undertaken to ensure the ports regulatory framework is effective.

During the recent remake of the Ports and Maritime Administration Regulation, stakeholders also raised some issues that were out of scope for that process. These issues related to PBLIS and the Act can be considered in this review.

Mr Ed Willett, as the Independent Reviewer, brings significant experience and expertise to the review as well as independence.

Mr Willett has extensive experience in economic regulation and competition policy, including during his time at the NSW Independent Pricing and Regulatory Tribunal and the Australian Competition and Consumer Commission – expertise that will be instrumental in guiding a comprehensive assessment of the objectives, impacts and benefits of the Act and PBLIS.

This is a comprehensive, first-principles review. As a first step to the review, Mr Willett released a Discussion Paper in December 2021 with feedback received by 4 March 2022. Mr Willett also undertook a series of virtual engagement sessions in February 2022. 

The second stage of the review considered stakeholder feedback received as part of the Discussion Paper stakeholder consultation and assessed whether the objectives of the Act and PBLIS remain valid. On 16 June, 2022 an Options Paper was released outlining the assessment and a range of options. A second round of stakeholder consultation and feedback will then be completed.

Stakeholder feedback on the Options Paper will inform the Final Report, which will include Mr Willett’s recommendations to the NSW Government.

Stakeholders will be actively consulted during the review and all feedback will be considered to inform the review findings.

Timeframes for consultation on different stages of the review will be set to allow stakeholders sufficient time to provide a considered response.

In addition to participating in face-to-face engagement, written submissions can be made by email or post at any time up to 29 July, 2022.

Submissions can be made: 

Online: yoursay.transport.nsw.gov.au/hub-page/pamareview

By email: Freight@transport.nsw.gov.au

By post: Review of the PAMA Act and PBLIS

               Freight Policy and Regulatory Reform

               Transport for NSW

               PO Box 973

               Parramatta NSW 2124

               DX28555 Parramatta

If you need to access to a translation and interpreting service in submitting feedback, please telephone 1300 651 500 or visit the Language Services page of the Multicultural NSW website: https://multicultural.nsw.gov.au/services

Feedback received during consultation, both directly at consultation sessions and in written submissions, will inform the Final Report, which will include Mr Willett’s recommendations to the NSW Government. 

The review will be guided by the NSW Better Regulation Principles which include considering any impacts on stakeholders and whether any proposed changes would be effective and proportional amongst other requirements. 

Submissions will be made publicly available, with personal details redacted. If you do not want part of your submission published, please indicate this clearly. We may still refer to your anonymous submission in reports. Automatically generated confidentiality statements in emails are not sufficient.

There may be times where the Government is required to release the content of your submission, under the Government Information (Public Access) Act 2009.

Additional information regarding how Transport for NSW protects your privacy and manages any personal information collected can be found at https://www.transport.nsw.gov.au/about-us/transport-privacy

The review will take around 12 months, and will consider the objectives, impacts and benefits of the Act and PBLIS, to assess whether they are effective and remain appropriate for current needs and the expected future ports and maritime environment.

Parts of the Regulation not related to PBLIS were recently reviewed by Transport for NSW, with changes effective 1 September 2021 – these provisions will only be revisited if amendments are required as a result of any proposed changes to the Act. 

Long-term leasing arrangements applying to Port Botany, Port Kembla and the Port of Newcastle will only be considered within the context of those existing lease arrangements. 

Recognising the matter of stevedore charges is a national economic issue, this has been referred for consideration by the Federal Government. As such, considerations relating to the regulation of stevedore charges will be out of scope for this review.