Financial Penalties & Enquiries

Financial Penalties

From Monday 28 February, stevedores and truck carriers will be penalised for performance that fails to meet the OPM standards and be liable to pay a financial penalty to the other party. Truck carriers and stevedores must adhere to the Regulation (Ports and Maritime Administration Amendment (Port Botany Landside Improvement Strategy) Regulation 2010) and Mandatory Standards.

The OPM standards that will be measured for truck carriers include:

• Early Arrivals (payable only once a Truck Marshalling Area is in operation)
• Late arrivals
• No Shows
• Cancellation of bookings

The standards that will be measured for stevedores will be:

• Minimum slots offered per hour
• Truck Turnaround Time
• Truck Non Service
• Time Zone Cancellations

Invoicing

Financial penalties will be issued via the stevedores’ invoicing process for which they are responsible. Stevedores will send an invoice to truck carriers that have not met OPM standards detailing penalties they owe, and will also be responsible to self-invoice for financial penalties they owe to truck carriers. These invoicing processes will be monitored and audited by Sydney Ports Corporation.

If Sydney Ports Corporation find that a party has not issued a penalty, issued a penalty incorrectly or has not paid a penalty, they may be liable to an infringement (fine).

Unforeseen Events - Pending

The following Unforeseen Events are pending investigation by Sydney Ports to confirm whether they satisfy the criteria as stated in The Ports and Maritime Administration Amendment (Port Botany Landside Improvement Strategy) Regulation 2010 and the associated Port Botany Landside Operations Mandatory Standards (Under Part 2B of the Ports and Maritime Administration Regulation 2007).

Unforeseen Events - Confirmed

Further to Clause 10.1* for Carriers and 15.1** for Stevedores stated in the The Ports and Maritime Administration Amendment (Port Botany Landside Improvement Strategy) Regulation 2010 and the associated Port Botany Landside Operations Mandatory Standards (Under Part 2B of the Ports and Maritime Administration Regulation 2007).

Any Financial Penalty that is payable by a carrier*/Stevedore** for a failure to comply with a mandatory standard is reduced to $0 in the following circumstances:

Enquiries

If you have incorrectly received a penalty or do not receive payment for a penalty, the first step is to try to resolve the enquiry directly with the other party.

If you are not able to reach a resolution directly, you may lodge an enquiry by phoning the PBLIS Landside Improvement line on 02 9296 4555 or email landsideimprovement@sydneyports.com.au. In order to lodge an enquiry, you must meet the following criteria:

• Be more than 28 days since the incident occurred
• Have paid the disputed penalty and are able to demonstrate that you have attempted to resolve the enquiry directly
• Be registered with Sydney Ports Corporation