Exemption from Carrying and Displaying A Maritime Security Identification Card (MSIC) - BHP Billiton Petroleum Pty Ltd

Overview

The Maritime Transport and Offshore Facilities Security Regulations 2003 were enacted to address security concerns associated with maritime transport and offshore facilities in Australia, particularly in the context of potential terrorist threats. The regulations were introduced by the Australian Government and are administered by the Department of Infrastructure and Regional Development. The primary policy objective is to ensure the security of maritime and offshore facilities by implementing stringent security measures and controls. These regulations mandate that personnel working in these facilities must possess a Maritime Security Identification Card (MSIC), which serves as a means of verifying their security clearance and identity. The exemption notice issued by Pauline Margaret Sullivan, General Manager, Transport Security Operations, under regulation 6.07M of the Regulations, provides an exception for personnel and contractors of BHP Billiton Petroleum Pty Ltd working in the offshore facility zone of the Stybarrow Venture, allowing them to forgo the requirement of carrying and displaying an MSIC while still adhering to other security provisions. This exemption is conditional, requiring that MSICs be safely stored on site and readily producible upon request, and that non-MSIC holders be monitored and escorted as per the Regulations. The exemption is effective from the date of the notice until 15 December 2016.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations) apply to the security of maritime transport and offshore facilities, governing the actions and responsibilities of personnel and contractors involved in these operations. This particular exemption, issued by Pauline Margaret Sullivan, the General Manager of Transport Security Operations under the Office of Transport Security, targets personnel and contractors of BHP Billiton Petroleum Pty Ltd who are engaged in the offshore facility zone of the Stybarrow Venture, a security regulated offshore facility. The exemption, granted under regulation 6.07M, allows these individuals an exception from the requirement to carry and display a Maritime Security Identification Card (MSIC), though they must still hold one and ensure it is stored safely on-site, ready for presentation when requested. This exemption is in effect from the date of the notice until 15 December 2016, and is contingent on compliance with other provisions of the Regulations, including the need for non-MSIC holders to be monitored and escorted as stipulated.

Key Provisions

In the Maritime Transport and Offshore Facilities Security Regulations 2003, Regulation 6.07M (subsection M) pertains to the exemption from carrying and displaying a Maritime Security Identification Card (MSIC) for specific personnel and contractors. Specifically, Section 6.07M(M) provides an exemption for all personnel and contractors of BHP Billiton Petroleum Pty Ltd working in the offshore facility zone of the Stybarrow Venture. This exemption allows them to not carry and display an MSIC, which is a standard requirement under Part 6 of the Regulations, while still requiring adherence to other provisions of the Regulations. The exemption issued under Section 6.07M(M) comes with specific conditions that must be followed. Firstly, while these personnel and contractors are exempt from carrying and displaying an MSIC, they are still required to hold one. Any MSIC not being carried by the holder must be safely stowed on site and readily available for production upon request. Additionally, non-MSIC holders must be monitored and escorted in compliance with the Regulations to ensure security is maintained. The Regulations impose several obligations on the parties involved. Personnel and contractors must ensure that their MSIC, if held, is safely stored when not in use and is accessible when required. Furthermore, they must comply with any monitoring and escorting requirements specified within the Regulations to maintain the security integrity of the offshore facility. The entity, BHP Billiton Petroleum Pty Ltd, must ensure that these conditions are met to uphold the security standards set forth in the Regulations. Failure to comply with the conditions of the exemption or the other requirements of the Regulations may lead to various consequences. While the exact nature of these consequences is not detailed in the text, breaches of maritime security regulations typically result in both civil and criminal penalties. These may include fines and imprisonment. The specific penalties would depend on the severity and nature of the breach, as outlined in other parts of the Maritime Transport and Offshore Facilities Security Regulations 2003. The exemption, however, is effective from the date of the notice, 9 December 2014, and will cease on 15 December 2016, unless otherwise extended or revoked.