Christmas Island Marine Traffic and Harbour Facilities Determination 2015

Overview

The Christmas Island Marine Traffic and Harbour Facilities Determination 2015 was enacted by the Administrator of the Territory of Christmas Island under section 4 of the Utilities and Services Ordinance 1996 (CI). The primary purpose of this Determination is to establish port charges and conditions for cargo movement at the Christmas Island Port, thereby ensuring its continued effective operations. It replaces the Marine Traffic and Harbour Facilities Determination No. 1 of 2003, which expired on 1 October 2015. This Determination aims to align port conditions and standards in the Indian Ocean Territories with those in comparable Australian communities, recognising the importance of reliable transport services for the viability of these territories. It does not impose any additional regulatory impacts on port users but rather makes minor amendments to existing conditions, such as extending the time allowed for cargo removal from the wharf, to address operational challenges.

Scope and Application

The Christmas Island Marine Traffic and Harbour Facilities Determination 2015, made by the Administrator of the Territory of Christmas Island under the Utilities and Services Ordinance 1996, outlines the port charges and conditions for cargo movement at the Christmas Island Port. This legislative instrument aims to maintain effective port operations by addressing issues arising from the previous 2003 Determination, particularly the ten-day period for cargo removal from the wharf. The Determination allows the Christmas Island Harbour Master to extend this period beyond ten days, provided that at least 14 days’ notice is given through a public Community Bulletin. This adjustment is intended to alleviate difficulties caused by increased port activities and the physical limitations of the port area. The Determination applies to all cargo movements at the Christmas Island Port, affecting entities involved in the transportation and handling of cargo, including shipping companies and stevedoring contractors. The Determination does not impose any additional regulatory impacts on port users and maintains existing port charges, with minor amendments to conditions. It aligns port fees and charges with those of comparable Western Australian ports, ensuring cost-effectiveness and reliability of transport services vital to the island's community. The scope of this Determination is confined to the territory of Christmas Island, governed by the Administrator of the Territory of Christmas Island, and it does not extend beyond this jurisdiction. The instrument does not specify any exclusions, exemptions, or thresholds beyond the provisions mentioned. Furthermore, the Determination is compatible with the human rights and freedoms recognised in international instruments, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Christmas Island Marine Traffic and Harbour Facilities Determination 2015 (Determination) primarily focus on setting port charges and conditions for cargo movement at the Christmas Island Port (section 1). This includes provisions for wharfage, mooring, berth hire, port dues, and equipment hire, which are outlined in sections 2 to 6 of the Determination. The Determination also addresses the conditions under which cargo must be removed from the wharf, allowing the Christmas Island Harbour Master to extend the ten-day period beyond this time, provided that 14 days’ notice is given through a public Community Bulletin (section 7). The Determination imposes several obligations and requirements on parties and entities governed by it. Firstly, it requires the Christmas Island Harbour Master to provide at least 14 days' notice of any variations to the cargo removal period from the wharf (section 7). Secondly, it mandates that port charges and conditions align with those of comparable Western Australian ports to ensure cost-effective and reliable transport services (section 8). The Determination also requires that wharfage charges be calculated based on specific metrics such as TEU/FEU units, metric tonnes, or kilolitres, depending on the type of cargo (sections 2 and 3). The Determination does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the requirement to provide 14 days' notice of variations to the cargo removal period implies that failure to do so could lead to enforcement actions or other regulatory consequences, although these are not specified in the text. The Determination ensures compliance with human rights by confirming its compatibility with international human rights instruments as per section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This compatibility suggests that the Determination does not engage any human rights issues and thus does not impose any additional burdens that might infringe on the rights of individuals or entities. In summary, the Christmas Island Marine Traffic and Harbour Facilities Determination 2015 sets forth detailed port charges and conditions, mandates notice periods for variations in cargo removal times, and ensures alignment with comparable Western Australian ports. While it does not specify penalties for non-compliance, the requirement to provide notice implies potential regulatory consequences for failure to adhere to the stated conditions. The Determination is also designed to be compatible with recognised human rights, thereby avoiding any potential infringements on individuals or entities.