EXPLANATORY STATEMENT
Issued by the authority of the Administrator of the Territory of Cocos (Keeling) Islands
Cocos (Keeling) Islands Marine Traffic and Harbour Facilities Determination 2015
Authority
The Administrator of the Territory of Cocos (Keeling) Islands has made this Determination in accordance with the power granted to him under section 4 of the Utilities and Services Ordinance 1996 (CKI).
This Determination is a legislative instrument for the purpose of the Legislative Instruments Act 2003.
Purpose and Operation
The purpose of this Determination is to set out the Port charges at the Cocos (Keeling) Islands Port. The operation provides for the continued collection of mooring fees from private vessels moored at Australian Government-owned Cocos (Keeling) Islands yacht moorings.
Impact on Port users
There will be no impact on Port users as this Determination provides the legal authority to continue the practice of collecting mooring fees.
Consultation
The Department of Infrastructure and Regional Development consulted with the Cocos (Keeling) Islands Port operations contractor, Patrick Stevedoring Pty Ltd, and the Office of Best Practice Regulation in the Department of Prime Minister and Cabinet.
Patrick Stevedoring Pty Ltd advised that best practice would be to maintain the current mooring fees, namely, in line with those set on Christmas Island. Yacht mooring fees on Christmas Island have been maintained at the same level since 2003.
Further consultation was not considered necessary as the Determination only provides for the continuation of the practice of collecting charges on Cocos (Keeling) Islands.
Basis for Determining Charges
The Government’s objective is to align as far as practical conditions and standards in the Indian Ocean Territories, which includes Cocos (Keeling) Islands, with those in comparable communities in Australia. Reliable transport services are vital to the viability of the Indian Ocean Territories communities. The cost and effectiveness of transport services are major factors in business activity in the Indian Ocean Territories.
A review of Port charges and fees was undertaken in the 2014/2015 financial year. The review compared existing Cocos (Keeling) Islands Port fees and charges to comparable fees and charges payable in Western Australian ports. The ports compared were:
- Port of Port Hedland
- Port of Karratha
- Port of Dampier
- Port of Albany; and the
- Port of Esperance.
The only relevant Cocos (Keeling) Island Port fees and charges related to moorings fees. This is because freight vessels do not moor within Port boundaries, bunker vessels are moored and discharged using private infrastructure and Cocos (Keeling) Islands have no exportable bulk commodities.
Given this, the review found that the yacht moorings were comparable to the Western Australian ports outlined above.
Statement of Compatibility with Human Rights
Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Cocos (Keeling) Islands Marine Traffic and Harbour Facilities Determination (No. 1) 2015
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of this Determination is to set out the Port charges for Cocos (Keeling) Islands Port.
Human Rights Implications
This Determination does not engage any human rights, and it is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Barry Wayne Haase, Administrator of Cocos (Keeling) Islands