The written permission of the Harbour Master is required for any proposed works—whether or not they relate to a Port Authority facility—that will disturb the bed of a port or are otherwise subject to Division 4, Part 2 of the Marine Safety Act 1998 (NSW). The relevant port is defined under Schedule 4 of the Ports and Maritime Administration Regulation 2021 (NSW), and the associated fee for these applications as per regulation 55I of the Marine Safety Regulation 2016 (NSW).
Disturbance of seabed
Section 19Z of the Marine Safety Act 1998 – Disturbance or interference with bed of relevant port states:
"A person must not disturb or interfere with the bed of a relevant port, including to install a sea cable in the port, except with an approval granted by the harbour master of the port.”
Maximum penalty—50 penalty units.
The harbour master may grant the approval with or without conditions, or refuse it. Any conditions attached to an approval must be complied with, unless the person has a reasonable excuse for failing to do so.
Obtaining permission from a Harbour Master to disturb the bed of a port does not imply that any other permission, approval, or consent required under state or federal legislation has been granted. Works must not commence until all necessary permissions, approvals, or consents have been issued by the relevant authorities.
The relevant port areas under the Ports and Maritime Administration Regulation 2021 are:
- Botany Bay
- Clarence River (Yamba)
- Eden
- Newcastle Harbour
- Port Kembla
- Sydney Harbour
As per regulation 55I of the Marine Safety Regulation 2016, an application fee of $265 (excluding GST) applies to all approval requests. This fee is non-refundable and payable irrespective of the outcome of the application. We will contact you to obtain payment upon receipt of your submission.
Proposals requiring development approval or consent
Works or activities involving disturbance of the bed of a port may require development consent from the relevant consent authority or assessment and approval as development permitted without consent. If you are uncertain about the development approval requirements, please seek professional planning advice and/or consult with the relevant seabed landowner.
For certain development proposals where Permission to Lodge is required from Port Authority as landowner, a Harbour Master Permission may also be necessary. In these cases, the application will be referred to the Harbour Master for assessment. Port Authority’s approval as landowner and the permission of the Harbour Master for a disturbance of the seabed are separate processes.
There is a legal obligation under the NSW Heritage Act 1977 and the Commonwealth Underwater Cultural Heritage Act 2018 to ensure that maritime or underwater cultural heritage is not moved, disturbed, damaged, or destroyed. Developers and proponents should refer to the Maritime Heritage permits and the NSW State Maritime Heritage Database for guidance on necessary requirements and compliance.
Removal of sea cables from relevant ports
The owner of a sea cable located within a relevant port must notify the harbour master in writing within 90 days of either becoming aware or reasonably expected to have become aware that the cable is no longer in use (pursuant to section 19ZA of the Marine Safety Act 1998). Please use the Disused Sea cable Notification form below. If the harbour master is notified or becomes aware of a disused sea cable, they may issue a written direction to the owner requiring the cable’s removal. This removal must be carried out in a manner the harbour master reasonably considers appropriate and within a timeframe specified by the harbour master.
The relevant ports for the purposes of this obligation are:
- Botany Bay
- Clarence River (Yamba)
- Eden
- Newcastle Harbour
- Port Kembla
- Sydney Harbour