Customs (Appointment of Port–Port Walcott (No. 26/01)) Notice 2026

Overview

The Customs (Appointment of Port–Port Walcott (No. 26/01)) Notice 2026, issued under the Customs Act 1901, addresses the need to refine the operational boundaries and specific activities allowed at the Port of Port Walcott in Western Australia. The Notice revokes the previous designation of the port, re-appoints the Port of Port Walcott as a port, and sets specific limits on its use, delineating the area within the red boundary line as indicated in Attachment A. This legislative instrument aims to restrict the types of ships permitted to use the port to those engaged in specific commercial activities, excluding certain vessel types such as general cargo ships, multi-purpose vessels, and others, thereby ensuring the port's operations align with strategic maritime objectives. The enactment of this Notice by Donna Puttock, acting as a delegate of the Comptroller-General of Customs, underscores the policy objective of enhancing port management and facilitating more targeted commercial maritime activities in the region.

Scope and Application

The Customs (Appointment of Port–Port Walcott (No. 26/01)) Notice 2026, under the Customs Act 1901, specifies the revocation of a previous notice that designated the Port of Port Walcott in Western Australia as a port, and it replaces it with new terms of appointment. The Act applies to the Port of Port Walcott, regulating its use for commercial activities by ships that are not of specific types such as general cargo ships, multi-purpose and project vessels, roll-on/roll-off cargo, container ships, liquefied petroleum gas carriers, liquefied natural gas carriers, offshore supply, cruise vessels, and ferries. This notice is significant for entities and individuals involved in maritime commercial activities within the specified port, as it sets the boundaries and operational scope of the port for customs purposes. The notice operates within the jurisdiction of the Commonwealth of Australia, extending its reach to regulate the commercial use of the port by permitted ships travelling from other Australian ports. There are no stated exclusions, exemptions, or thresholds in the notice, and it does not extend or restrict application through subordinate instruments.

Key Provisions

The Customs (Appointment of Port–Port Walcott (No. 26/01)) Notice 2026, issued under section 15 of the Customs Act 1901, contains several key provisions that redefine the status and operational limits of the Port of Port Walcott in Western Australia. First, it revokes the earlier notice (Port Appointment No. 2160) published in the Commonwealth of Australia Gazette No. GN 11 on 17 March 2004, which previously designated the Port of Port Walcott as a port. Second, it re-appoints the Port of Port Walcott as a port, but with specific limitations on its use. These limitations are defined by the area within the red boundary line as shown in Attachment A to this notice. Moreover, the notice restricts the port's usage to permitted ships, excluding those of certain types such as general cargo ships, multi-purpose and project vessels, roll-on/roll-off cargo, container ships, liquefied petroleum gas carriers, liquefied natural gas carriers, offshore supply, cruise vessels, and ferries. This legislative instrument imposes specific obligations on the parties involved, particularly on the Port of Port Walcott and the vessels permitted to use it. The Port of Port Walcott must now adhere to the new boundaries and limitations set out in the notice. Furthermore, only ships that meet the criteria of being a 'permitted ship', as defined in the notice, are allowed to engage in commercial activities at this port. Compliance with these stipulations is crucial for all parties to avoid any legal ramifications. Any vessel found to be operating outside these boundaries or using the port for activities not permitted by the notice could face legal consequences. Breach of the provisions outlined in this notice can result in various consequences. While the notice does not explicitly detail specific penalties, under the Customs Act 1901, unauthorised use of a port or non-compliance with port regulations can lead to significant penalties. Generally, such breaches can be considered serious offences under the Act, potentially resulting in fines and other penalties as determined by the relevant authorities. For example, unauthorised use of a port might incur hefty fines, and repeated or egregious violations could lead to more severe sanctions, including potential imprisonment for individuals responsible for the breaches. It is important for all stakeholders to be fully aware of and comply with these regulations to avoid facing these penalties.