Personal watercraft hire and drive tours

Developing a safer PWC community

By enabling this type of activity, Maritime’s intention is to increase the education available to PWC users and ensure key commercial operators assist with growing a safer PWC community that is more aware of their on-water impact and other NSW waterways users.

Supervised PWC hire and drive operations will allow people new to PWCs to experience driving a PWC without a licence, under strictly controlled conditions and with qualified tour guides.

Education about safety and safe behaviours will be a key component of any tours, while speed, and conditions of operation will be restricted and monitored by Maritime.

Operators will be required to demonstrate that they have assessed the risks of their proposed business and all necessary safety and control measures implemented to manage the activity within the area of operation.

Supervised hire and drive tour operations

Applications will be assessed on a case-by-case basis with a focus on considering the safety of all waterway users, the amenity of the waterway and the environment. Tour activities must integrate into the waterway user profile and no activities that require exclusive use areas will be considered. 

Note: Transport for NSW has assessed some waterways, or parts of waterways, as not being suitable for these types of activities. Applicants must receive preliminary advice from TfNSW regarding the business concept and proposed area of operation prior to proceeding with the application.

Applications will be assessed to ensure:

• Proposed operation including number of vessels and participants, tour routes and number of tours, are suitable for the waterway and integrate into the existing waterway user profile
• The business has detailed plans to manage the tour and tour participants
• The business has detailed plans on managing business processes such as record keeping and reporting
• There is a clear focus on education and behaviours demonstrated by detailed theory and practical education and assessments
• That Australian Maritime Safety Authority approvals and documentation for the proposed operation are provided
• There is evidence of landowner consent where a land-based component is required for the proposed operation
• There is evidence of stakeholder consultation for the proposed area of operation
• There is evidence of other authority approvals relevant to the proposed area of operation. Proponents are to provide documented evidence from Local Council/s that they have been consulted and support, or are likely to support, the activities and will issue Development Consent, or provide confirmation that Development Consent is not required, prior to progressing with the proposal.
• There is evidence of appropriate business insurances.

Additional details for applicants are available in the applicant guide, which provides detail on the application process.

Certain areas in NSW waterways may not be suitable for this type of operation, dependant on waterway conditions and existing usage. Areas where tours are likely to be considered unsuitable include:

• Areas with high levels of non-compliance and incidents
• Areas involving the crossing of coastal bars and operating in open waters
• Areas with high numbers of hazards to navigation
• Areas with high vessel or commercial traffic
• Areas with limited access for emergency response, including communication blackspots.

Areas where tours will not be considered include:

• Sydney Harbour
• Other areas currently closed to the operation of PWC or powered vessels.

Approved new applicants will be subject to a trial period and evaluation of the operation by Transport for NSW.

Proposals to conduct supervised Class 4E vessel hire and drive tours

Transport for NSW Maritime (NSW Maritime) has amended the interim hire and drive policy to enable a trial of supervised hire and drive tour operations, which are conducted from class 4E vessels other than PWCs.

The trial is based on similar requirements and arrangements to those applied to existing PWC tour operations (as outlined above). Refer to the Applicant guide for further details. This will provide NSW Maritime with valuable information and data about this type of operation, which will be considered during the development of a more robust regulatory framework to manage these activities in the future.

The revised Waterway Business Licence framework for commercial water-based operations will be introduced as part of the Marine Safety Regulation remake, which will be introduced by September 2026. As part of the development of this framework, members of the public will have the opportunity to have their say during the public consultation phase of the Regulatory Impact Statement, which is scheduled to be released in early 2026.

The amended framework will provide businesses with a higher level of business assurance, rights of appeal, clear rules around renewal and transfer. Application and processing fees will apply.

Proposals under the interim arrangements are currently being accepted for consideration. Approvals given are based on providing an exemption to the existing Marine Safety Regulation.

No one has the right to an exemption and refusal of a proposal is entirely at the discretion of TfNSW Maritime.
Although providing an exemption to existing legislation is not a marine safety licence, s.29A and s.30(4) of the Marine Safety Act 1998 and cl.76 of the Marine Safety Regulation 2016 will be used as guiding principles for refusing an application.

Examples where TfNSW may refuse to approve a supervised hire and drive tour operation proposal include (but are not limited to):

• Where the activity is not suitable to be conducted in the proposed location or in the proposed structure
• Where the Safety Management System or other details in the proposal are insufficient to ensure the safety of participants or other waterway users
• Where it is determined that it is in not the public interest to approve the proposal
• Where the proponent is not, in the opinion of the Endorsing or Approving Officer, a fit and proper person
• Where information provided by the proponent is found to be false or misleading in a material particular or is, in the opinion of the Endorsing or Approving Officer, inadequate to enable the proposal to be assessed properly similar licence or authorisation suspended or cancelled under the laws of the Commonwealth or another State or a Territory
• Where it is of the opinion that the vessel may cause damage to any property or the environment.

There is no appeal right under these arrangements. 

Where TfNSW refuses to approve a proposal, the applicant will be notified of the reasons in writing and may request a review into the decision to refuse the supervised hire and drive tour operation proposal.

Approved new applicants will be subject to a trial period and evaluation of the operation by Transport for NSW.
 

More information

Enquiries and applications can be sent to psaql@transport.nsw.gov.au. To assist Maritime in referring your enquiry on to the most relevant person, please include all details outlined in the applicant guide (PDF 603.54KB).