Vessel open access terms
Vessel Open Access Terms
Port of Newcastle is committed to providing vessels with open access to the Port Channel and berthing services and facilities on an open access basis. The Vessel Open Access Terms include:
- the Vessel Berthing Application to be completed and lodged with Port Authority of NSW and Port of Newcastle to obtain authority to enter and use the Port Channel, berthing facilities and associated facilities and services
- Port of Newcastle’s Vessel Standard Terms and Conditions, which forms part of the contractual terms which will apply to each vessel entering the Port
- Port Rules to apply in respect of the Vessel’s visit to the Port
- Schedule of Port Charges;
- Dispute Resolution procedures.
The Vessel Operator (or its Agent) of a Cruise Ship proposing to visit the Port must also complete and lodge with Port of Newcastle a Passenger Ship Booking Request Form.
To obtain access rights to the Port Channel and berthing services and facilities, the Vessel Operator must as soon as practicable and in any event not later than 48 hours before proposing to enter the Port Channel, complete and submit to Port of Newcastle and PANSW via cPorts a Vessel Berthing Application. A Vessel must not proceed to enter the Port Channel unless the Vessel Operator (or its Agent) has:
- been notified via cPorts that the Vessel has been scheduled to enter the Port Channel and berth at the Port (and then only enter and berth in accordance with such scheduling);
- provided to Port of Newcastle any security deposit notified by Port of Newcastle; and
- if requested by Port of Newcastle, provided evidence that the insurances held in respect of the Vessel satisfy the requirements specified in the Vessel Standard Terms and Conditions (see below).
A Vessel Berthing Application must be submitted for a Vessel on each proposed inward bound visit to the Port.
A binding legal contract will automatically bind the Vessel Operator and Port of Newcastle with respect to the Vessel’s entry to and use of the Port by way of, and as soon as, the Vessel enters the Port Channel (Contract).
The terms and conditions of the Contract will comprise the particulars set out in the Vessel Berthing Application and the Vessel Standard Terms and Conditions, subject to any Special Conditions.
By entering the Port Channel, the Vessel Operator will be deemed to have accepted, agreed to, and be bound by, the terms and conditions of the Contract. If the Vessel Operator does not agree to be bound by the terms of the Contract, the Vessel must not enter the Port Channel.
The terms of the Contract cannot be varied unless a variation to the Contract is provided for in any Special Conditions signed by the parties.
The fees and charges set out in the Schedule of Service Charges will apply to the Vessel’s visit to the Port (except to the extent varied in any Special Conditions signed by the parties).
Port of Newcastle reserves the right to vary any fee or charge specified in the Schedule of Service Charges from time to time (including implementing any new charge). Port of Newcastle will provide prior notice of any such variations by publishing details of the proposed variations, including the date the variations will take effect, on this web page at least 10 business days before the variations will take effect.
Vessel Operators and their Agents should monitor this section of our website for details of any proposed variations to the Schedule of Service Charges.
Under the terms of the Contract, the Vessel Operator must comply with the following Port Rules in respect of the Vessel’s visit to the Port:
- any rules or requirements of PANSW, including the Vessel Arrival System Rules, published on the Port Authority of New South Wales website as amended from time to time
- any rules or requirements set out in the Access Induction
- Newcastle Bulk Terminal (NBT) Terminal Rules
Vessel Operators and their Agents should monitor this section of our website, as well as the Port Authority of NSW website, for any changes or variations to the Port Rules, including any new rules.
Port of Newcastle is committed to resolving all Disputes proactively and constructively.
A Vessel Operator who wishes to raise a Dispute with Port of Newcastle must do so within 3 months after the circumstance giving rise to that Dispute by providing written notice to Port of Newcastle for the purpose of endeavouring to resolve the Dispute.
Resolution of the Dispute will be governed by the Port of Newcastle Dispute Resolution Process.
Cruise Ships – Passenger Ship Booking Request Form
The Vessel Operator (or its Agent) of a Cruise Ship proposing to visit the Port must also complete and lodge with Port of Newcastle a Passenger Ship Booking Request Form. No booking fee is payable. However, if a Vessel Operator cancels its confirmed booking within 12 months of its scheduled arrival at the Port, a booking cancellation fee will be payable to Port of Newcastle, depending on the period of notice given.