The written approval of the Harbour Master is required for any proposed works (whether undertaken in relation to a Port Authority of New South Wales facility or not) that will disturb the bed of a port or are otherwise captured under section 110 of the Ports and Maritime Administration Regulation 2021. Section 110 of the Regulation (Disturbance of bed of port) states:
"A person must not use drags, grapplings or other apparatus for lifting an object or material from the bed, or otherwise disturb the bed, of a port specified in Schedule 4 except— (a) with the written permission of the relevant harbour master, and (b) in accordance with the conditions of the permission." Maximum penalty—50 penalty units.
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 any state or federal legislation has been granted, and works are not to commence until all such permissions, approvals or consents are issued by the relevant authorities.
For all other developments (i.e. developments which do not require a Port Authority Permission to Lodge), the Harbour Master Approval Process is to be followed. This process includes providing Port Authority with all final documentation (assessment reports and plans) for review together with a completed Harbour Master Approval Form.
The relevant port areas under Schedule 4 of the Regulation are:
- Botany Bay
- Clarence River (Yamba)
- Eden
- Newcastle Harbour
- Port Kembla
- Sydney Harbour
For all disturbances to the seabed, please submit a form here.
For some development proposals where Permission to Lodge is being sought from Port Authority, a Harbour Master Approval will also be required. In these situations, the application will be referred to the Harbour Master for assessment and if appropriate, written approval will be issued with Port Authority's approval. All occurrences requiring a Harbour Master Approval are outlined in the Harbour Master Directions for each port.
Development Approvals
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 not certain of the relevant development approval requirements, please obtain professional planning advice and/or consult with the relevant landowner of the seabed.
Underwater Cultural Heritage
There is an obligation for developers not to move, disturb, damage, or destroy maritime or underwater cultural heritage under both the NSW Heritage Act 1977 and the Commonwealth Underwater Cultural Heritage Act 2018 legislation. Developers / proponents should consult the Maritime Heritage permits and NSW State Maritime Heritage Database for necessary requirements.
