Maritime Transport and Offshore Facilities Security Regulations 2003
EXEMPTION FROM DISPLAYING AND CARRYING A MARITIME SECURITY IDENTIFICATION CARD IN OFFSHORE SECURITY ZONES – PYRENEES VENTURE OFFSHORE FACILITY
I, PAULINE MARGARET SULLIVAN, General Manager, Transport Security Operations, Office of Transport Security, under regulation 6.07M of the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations), GIVE all personnel and contractors of BHP Billiton Petroleum Pty Ltd, an exemption from carrying and displaying a Maritime Security Identification Card (MSIC) when working within the Offshore Security Zones of the Pyrenees Venture security regulated offshore facility.
This exemption operates from the date of this notice and ceases on 30 June 2015.
This exemption is given subject to the following conditions:
- This is an exemption only from the requirement to display and carry an MSIC – the Regulations must still be adhered to with respect to the requirement to hold an MSIC.
- Where not carried by the MSIC holder, MSICs must be securely stowed on site and must be able to be produced on request.
- Visitors to the facility who do not hold an MSIC, or temporary MSIC, must be escorted and/or monitored by an MSIC holder as per the Regulations.
- Relevant control measures and procedures with respect to this exemption must be set out in the extant Offshore Security Plan for the Pyrenees Venture offshore facility.
Date: 19 June 2013
Pauline Sullivan
Delegate of the Secretary of the
Department of Infrastructure and Transport
Overview
The Maritime Transport and Offshore Facilities Security Regulations 2003 were enacted by the Parliament of Australia to address the need for stringent security measures for maritime transport and offshore facilities, aiming to prevent and respond to security threats. The Regulations, administered by the Department of Infrastructure and Transport, establish comprehensive security requirements to protect critical infrastructure and ensure the safety and security of maritime operations. This legislation is integral to the national security framework, providing a legal basis for enforcing security measures across Australia's maritime and offshore sectors. The policy objective behind these Regulations is to mitigate risks to national security and protect the economic interests of Australia by ensuring that maritime transport and offshore facilities are safeguarded against potential threats.
Scope and Application
The Maritime Transport and Offshore Facilities Security Regulations 2003, specifically under regulation 6.07M, provides an exemption for personnel and contractors of BHP Billiton Petroleum Pty Ltd from the requirement to carry and display a Maritime Security Identification Card (MSIC) in the Offshore Security Zones of the Pyrenees Venture security regulated offshore facility. This exemption is limited to the period starting from the date of the notice, 19 June 2013, and it will cease on 30 June 2015. Despite this exemption, the personnel and contractors must still hold an MSIC, and it must be securely stowed on site and available upon request. Visitors to the facility who do not hold an MSIC or a temporary MSIC must be escorted and monitored by an MSIC holder as per the Regulations. All relevant control measures and procedures related to this exemption are to be outlined in the Offshore Security Plan for the Pyrenees Venture offshore facility.
Key Provisions
The Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations) under regulation 6.07M, as exercised by Pauline Margaret Sullivan, General Manager, Transport Security Operations, provides an exemption for personnel and contractors of BHP Billiton Petroleum Pty Ltd from the requirement to carry and display a Maritime Security Identification Card (MSIC) in the Offshore Security Zones of the Pyrenees Venture offshore facility. This exemption is effective from the date of this notice until 30 June 2015. However, it is important to note that this exemption only pertains to the display and carrying of the MSIC; personnel and contractors must still hold an MSIC. MSICs not carried by the holders must be securely stored on-site and readily producible upon request. Additionally, visitors who do not possess an MSIC or a temporary MSIC must be escorted or monitored by an MSIC holder, in accordance with the Regulations. All relevant control measures and procedures related to this exemption must be detailed in the current Offshore Security Plan for the Pyrenees Venture facility.
The Act imposes several obligations and requirements on the parties governed by it. Firstly, personnel and contractors of BHP Billiton Petroleum Pty Ltd must ensure that they hold a valid MSIC, even if they are exempt from carrying and displaying it. Secondly, MSICs not in use must be securely stored on the site and available for inspection when needed. Thirdly, visitors who lack an MSIC must be accompanied by an individual who holds one. These obligations are designed to maintain a balance between operational efficiency and stringent security protocols, ensuring that the facility's security is not compromised.
Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Regulations 2003 can result in both civil and criminal consequences. While the specific offences and penalties are not detailed in this exemption notice, breaches of the Regulations generally attract significant penalties. In the context of maritime security, penalties can include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they are intended to enforce compliance and uphold the high security standards required for offshore facilities. Therefore, it is crucial for all personnel and contractors to adhere strictly to the conditions and requirements set out in both the Regulations and the Offshore Security Plan for the Pyrenees Venture.