Biosecurity (Ballast Water Same Risk Area) Amendment (Great Barrier Reef and Northern Territory) Instrument 2019
I, Daryl Quinlivan, Director of Biosecurity, make the following instrument.
Dated 3 October 2019
Daryl Quinlivan
Director of Biosecurity
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Biosecurity (Ballast Water Same Risk Area) Instrument 2017
1 Name
This instrument is the Biosecurity (Ballast Water Same Risk Area) Amendment (Great Barrier Reef and Northern Territory) Instrument 2019.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 21(2) of the Biosecurity (Ballast Water and Sediment) Determination 2017.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Biosecurity (Ballast Water Same Risk Area) Instrument 2017
1 Section 5 (table item 1)
Repeal the item, substitute:
1 | The westernmost intersection of the mean low water line of the mainland of Australia around Thud Point, Queensland, by the parallel of latitude 13°00′00″S |
2 Section 5 (table items 7 and 8)
Before “low water line”, insert “mean”.
3 At the end of Part 2
Add:
7 Northern Territory
(1) The area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table (other than the areas excluded by subsection (2)) is specified.
Northern Territory |
Item | Description |
1 | The northernmost intersection of the coastline of the mainland of Australia by the border between the Northern Territory and Western Australia at the mean low water line of the mainland of Australia, specifically the meridian of longitude 129°00′01.659560″E |
2 | North‑east along the geodesic to the point 14°37′24.910000″S 129°01′49.380000″E |
3 | North‑west along the geodesic to the point 14°32′24.910000″S 129°01′19.380000″E |
4 | North‑west along the geodesic to the intersection of the meridian of longitude 128°57′11.629000″E by the outer limit of the territorial sea of Australia |
5 | Generally northerly, easterly, southerly, westerly, southerly, and south‑easterly along that outer limit to its intersection by the meridian of longitude 138°07′33.574000″E |
6 | South‑west along the geodesic to the point of intersection of the border between the Northern Territory and Queensland by the mean low water line of the mainland of Australia |
7 | Generally north‑westerly, north‑easterly, westerly, south‑easterly, westerly and south‑westerly to the starting point |
Note: Geographic coordinates in this instrument are expressed in terms of the Geocentric Datum of Australia 1994 (commonly known as GDA94).
(2) For the purposes of subsection (1), the following areas are excluded:
(a) the area of the Port of Darwin declared to be a security regulated port by the Notice of Declaration of Security Regulated Port—Port of Darwin published in the Gazette on 27 April 2018;
(b) the area of Port of Gove declared to be a security regulated port by the Notice of Declaration of Security Regulated Port—Port of Gove published in the Gazette on 30 May 2014;
(c) the area of the Port of Milner Bay declared to be a security regulated port by the Notice of Declaration of Security Regulated Port—Port of Milner Bay published in the Gazette on 31 March 2016.
Note: The declarations in the notices referred to in paragraphs (2)(a) to (c) are made under subsection 13(1) of the Maritime Transport and Offshore Facilities Security Act 2003.
Overview
The Biosecurity (Ballast Water Same Risk Area) Amendment (Great Barrier Reef and Northern Territory) Instrument 2019 was enacted to address the problem of invasive species entering Australia’s waters through ballast water discharged by ships, which could potentially harm the Great Barrier Reef and Northern Territory's marine ecosystems. This instrument amends the Biosecurity (Ballast Water Same Risk Area) Instrument 2017 to redefine the same risk areas for ballast water management. It was made under the authority of subsection 21(2) of the Biosecurity (Ballast Water and Sediment) Determination 2017 by Daryl Quinlivan, Director of Biosecurity. The policy objective of this instrument is to protect Australia's marine environment by ensuring that ballast water management practices prevent the introduction of harmful aquatic organisms. The instrument came into effect the day after it was registered.
Scope and Application
The Biosecurity (Ballast Water Same Risk Area) Amendment (Great Barrier Reef and Northern Territory) Instrument 2019 applies to ballast water management within the specified geographic regions, particularly focusing on the Great Barrier Reef and the Northern Territory. This legislative instrument amends the Biosecurity (Ballast Water Same Risk Area) Instrument 2017 to redefine and extend the area where ballast water discharges are regulated, with specific attention to environmental protection and biosecurity risks. The amended instrument applies to vessels and their operators within these newly defined areas, necessitating compliance with updated biosecurity protocols to prevent the introduction of invasive marine species. The geographic reach of this Act is primarily within the Commonwealth jurisdiction, affecting maritime activities within the Great Barrier Reef and Northern Territory waters. Specific exclusions apply to areas already designated as security regulated ports under the Maritime Transport and Offshore Facilities Security Act 2003, such as the Port of Darwin, Port of Gove, and Port of Milner Bay. The instrument is designed to be comprehensive, with potential for further application and refinement through subordinate instruments as deemed necessary by the Director of Biosecurity.
Key Provisions
The main operative sections of the Biosecurity (Ballast Water Same Risk Area) Amendment (Great Barrier Reef and Northern Territory) Instrument 2019 (the 'Instrument') include amendments to the Biosecurity (Ballast Water Same Risk Area) Instrument 2017. Section 1 of the Instrument names the new amendment instrument. Section 2 sets the commencement date for the provisions of the Instrument, which is the day after it is registered. Section 3 specifies the authority under which the Instrument is made, which is subsection 21(2) of the Biosecurity (Ballast Water and Sediment) Determination 2017. Finally, Schedule 1 details the amendments to the Biosecurity (Ballast Water Same Risk Area) Instrument 2017.
The obligations and requirements imposed by the Instrument include the specification of new geographical boundaries for the Same Risk Area (SRA) in the Great Barrier Reef and Northern Territory regions. The SRA is an area where the risk of introducing harmful aquatic organisms through ballast water is considered to be the same as within Australia. The new SRA boundaries, as amended by Schedule 1, include a new point at the westernmost intersection of the mean low water line of the mainland of Australia around Thud Point, Queensland, and the addition of the Northern Territory to the SRA. These amendments aim to better protect sensitive marine ecosystems by ensuring that vessels entering these areas comply with strict biosecurity measures.
The Instrument also includes specific exclusions from the SRA for certain areas declared as security regulated ports under the Maritime Transport and Offshore Facilities Security Act 2003. These exclusions are detailed in Schedule 1, item 2, and include the Port of Darwin, the Port of Gove, and the Port of Milner Bay. This ensures that the stringent biosecurity measures do not interfere with the security operations of these critical ports.
The consequences for non-compliance with the Instrument are not explicitly stated within the text of the Instrument itself. However, breaches of related biosecurity regulations under the Biosecurity Act 2015 can lead to significant penalties. For example, individuals found guilty of knowingly importing goods that pose a biosecurity risk can be fined up to $66,625 or imprisoned for up to five years, or both. Corporations may face even steeper fines, up to $333,125. Additionally, vessels found to be in breach of biosecurity requirements can be subject to detention, inspection, and potential fines or other penalties as determined by the relevant authorities.
In summary, the Biosecurity (Ballast Water Same Risk Area) Amendment (Great Barrier Reef and Northern Territory) Instrument 2019 amends the Biosecurity (Ballast Water Same Risk Area) Instrument 2017 to redefine the SRA boundaries and include the Northern Territory. The exclusions for security regulated ports are also clearly specified. While the specific penalties for breaches of this Instrument are not detailed, the broader biosecurity framework under the Biosecurity Act 2015 provides a basis for enforcement actions against non-compliance.