Cocos (Keeling) Islands Marine Traffic and Harbour Facilities Determination 2015

Overview

The Cocos (Keeling) Islands Marine Traffic and Harbour Facilities Determination 2015 was enacted by the Administrator of the Territory of Cocos (Keeling) Islands under the Utilities and Services Ordinance 1996 (CKI) to establish and regulate port charges at the Cocos (Keeling) Islands Port. This legislative instrument aims to continue the practice of collecting mooring fees from private vessels at the Cocos (Keeling) Islands yacht moorings, ensuring the ongoing financial viability of port operations. The Administrator’s decision aligns with the broader policy objective of maintaining conditions and standards in the Indian Ocean Territories, particularly the Cocos (Keeling) Islands, in line with those in comparable Australian communities. The fees were determined based on a review that compared existing charges with those in Western Australian ports, with the aim of ensuring reliability and cost-effectiveness in transport services, which are crucial for the economic activity within the Indian Ocean Territories.

Scope and Application

The Cocos (Keeling) Islands Marine Traffic and Harbour Facilities Determination 2015 is a legislative instrument made by the Administrator of the Territory of Cocos (Keeling) Islands, under the authority granted by the Utilities and Services Ordinance 1996 (CKI). This Determination sets out the port charges at the Cocos (Keeling) Islands Port, specifically continuing the collection of mooring fees from private vessels moored at Australian Government-owned Cocos (Keeling) Islands yacht moorings. The fees are set to align with those on Christmas Island, which have remained unchanged since 2003. The Administrator consulted with the relevant stakeholders, including Patrick Stevedoring Pty Ltd, the contractor operating the Port, and the Office of Best Practice Regulation in the Department of Prime Minister and Cabinet. The charges were determined by comparing existing Cocos (Keeling) Islands port fees to comparable fees in Western Australian ports, with a focus on yacht moorings as the only relevant fees given the unique circumstances of the Islands. This Determination does not impact port users, as it merely continues existing practices and aligns with human rights standards as it does not engage any human rights.

Key Provisions

The Cocos (Keeling) Islands Marine Traffic and Harbour Facilities Determination 2015 (sections 1-4) outlines the fees for moorings at the Cocos (Keeling) Islands Port. Specifically, Section 1 establishes the authority for making the Determination, while Section 2 details the port charges, particularly focusing on mooring fees for private vessels. Section 3 provides for the continued collection of these mooring fees, ensuring that the charges remain in line with those on Christmas Island, which have remained unchanged since 2003. Section 4 states that this Determination is compatible with human rights as recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The obligations under this Determination primarily rest on the Cocos (Keeling) Islands Port operations contractor, Patrick Stevedoring Pty Ltd, which is responsible for collecting the mooring fees as stipulated. The fees must be collected in line with the rates set for Christmas Island, reflecting the alignment of port charges with those in comparable Western Australian ports. Entities governed by this Determination, such as private vessel operators, are required to pay the mooring fees as specified in Section 2. This obligation ensures the financial sustainability of the port operations and supports the viability of the Indian Ocean Territories communities by maintaining reliable transport services. Furthermore, the Administrator of the Territory of Cocos (Keeling) Islands has ensured that the fees are in line with best practices and comparable to those in similar communities in Australia, as recommended by Patrick Stevedoring Pty Ltd. The Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for breaches of the mooring fee provisions. However, non-compliance with the specified fees could potentially lead to disputes or legal actions under general maritime laws and contractual obligations between the vessel operators and the port authority. The lack of specific penalties in the Determination suggests that adherence to the fees is expected through regulatory compliance and contractual agreements.