Exemption from Carrying and Displaying a Maritime Security Identification Card (MSIC) - Apache Energy Limited

Overview

The Maritime Transport and Offshore Facilities Security Regulations 2003 were enacted to address the need for enhanced security measures for maritime transport and offshore facilities in Australia. This piece of legislation was introduced by the Australian Government to ensure that maritime transport and offshore facilities are protected against acts of piracy, terrorism, and other security threats. The policy objective of these regulations is to maintain the security of maritime transport and offshore facilities, as well as to safeguard the lives of people and property within these areas. This exemption, granted by Pauline Margaret Sullivan, General Manager Transport Security Operations, Office of Transport Security, under subregulation 6.07M(2) of the Regulations, applies to all personnel and contractors of Apache Energy Limited working within the offshore security zones of several specified offshore facilities. The exemption allows for a waiver of the requirement to carry and display a Maritime Security Identification Card (MSIC) while maintaining the necessity to hold an MSIC, and it is subject to certain conditions. The exemption is applicable to the offshore security zones of the Varanus Island Offshore Facility Network, Varanus Island Marine Export Terminal, Stag, Reindeer, Ningaloo Vision, and Armada Claire. This exemption is in effect from the date of its publication in the Gazette and will remain in force until 1 September 2016, unless revoked earlier. The conditions of the exemption include the secure stowage of MSICs when not in use, the requirement for MSIC holders to escort and monitor non-MSIC holding visitors, and the continued enforcement of the Regulations concerning the possession of MSICs. This exemption aims to provide a streamlined and secure working environment for the personnel and contractors of Apache Energy Limited within the specified offshore facilities, while still upholding the essential security measures outlined in the Maritime Transport and Offshore Facilities Security Regulations 2003.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003, as amended by this exemption notice, apply specifically to personnel and contractors of Apache Energy Limited when they are working within the offshore security zones of designated facilities. These zones include the Varanus Island Offshore Facility Network, Varanus Island Marine Export Terminal, Stag, Reindeer, Ningaloo Vision, and Armada Claire. The exemption pertains solely to the requirement of displaying and carrying a Maritime Security Identification Card (MSIC), while the regulation requiring personnel to hold an MSIC remains effective. When not being carried by the MSIC holder, the card must be securely stored on-site and readily available upon request. Visitors without an MSIC or a temporary MSIC must be accompanied and monitored by an individual who holds a valid MSIC. This exemption is effective from the date of publication in the Commonwealth of Australia Gazette and will remain in force until 1 September 2016, unless earlier revoked.

Key Provisions

The Maritime Transport and Offshore Facilities Security Regulations 2003 (Regulations) include specific provisions regarding the exemption from carrying and displaying a Maritime Security Identification Card (MSIC) for certain personnel and contractors. Subregulation 6.07M(2) of the Regulations allows for such exemptions, as evidenced in the exemption issued to Apache Energy Limited. According to section 6.07M(2), personnel and contractors of Apache Energy Limited are exempt from the requirement to carry and display an MSIC when operating within the offshore security zones of designated offshore facilities, including the Varanus Island Offshore Facility Network, the Varanus Island Marine Export Terminal, Stag, Reindeer, Ningaloo Vision, and Armada Claire. This exemption is contingent upon specific conditions, primarily ensuring that the MSIC remains available on the site and can be produced upon request when not in the possession of the holder. The Regulations impose certain obligations on the parties involved, particularly on Apache Energy Limited. Firstly, while exempt from carrying and displaying the MSIC, personnel and contractors must still hold a valid MSIC as per the Regulations. Secondly, when not in the holder's possession, the MSIC must be securely stored on the site and readily producible upon request. Furthermore, visitors to these facilities who do not possess an MSIC or a temporary MSIC must be accompanied and supervised by someone who holds a valid MSIC. These conditions are intended to maintain security while allowing operational flexibility within the specified zones. Failure to comply with the conditions of this exemption could result in various consequences. Under the Regulations, breaches may lead to enforcement actions, and individuals or entities found in violation may face penalties. The specific penalties for non-compliance with the MSIC regulations are not detailed in the exemption but typically involve fines and potential legal action under the broader maritime security framework. The maximum penalties for breaches of maritime security regulations can include substantial fines and, in severe cases, imprisonment, depending on the nature and severity of the violation. Compliance is thus crucial to avoid these repercussions and to ensure the continued operation of the exempted activities within the designated offshore facilities.