Notice of Declaration of Security Regulated Offshore Facility – Apache Energy Limited ‘Armada Claire’ Offshore Facility

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to establish a framework for the security of maritime transport and offshore facilities, addressing vulnerabilities in these critical areas to threats such as terrorism, piracy, and sabotage. The Act was introduced to fill the gap in comprehensive security regulation for maritime and offshore operations, ensuring the safety and integrity of Australia's maritime borders and offshore infrastructure. This Act was passed by the Parliament of Australia with the objective of protecting national security and the economic interests tied to maritime transport and offshore facilities. The Act empowers the relevant authorities to declare certain offshore facilities as security regulated, as exemplified by the declaration of the Apache Energy Limited ‘Armada Claire’ offshore facility in 2014. This declaration, issued by the Regional Director, Transport Security Operations Perth, under the authority granted by the Act, marks the facility as subject to stringent security measures to mitigate potential risks to the facility and its operations.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated offshore facilities, which include any offshore facility used in the extraction of petroleum from the seabed or its subsoil. This legislation is of national application and pertains to facilities located in Australian offshore areas. In this particular instance, the Act applies to the Apache Energy Limited 'Armada Claire' offshore facility, which is situated in an offshore area and involved in petroleum extraction. The application of the Act is initiated by a declaration from the Regional Director, Transport Security Operations Perth, Office of Transport Security, who identifies the facility as a security regulated offshore facility. The geographic reach of the Act is nationwide, ensuring that all relevant offshore facilities across Australia are subject to the provisions outlined in the Act. Any exclusions, exemptions, or thresholds are not specified in the text, but the Act may be extended or restricted through subordinate instruments, which would be detailed in separate regulations or notices. The declaration of the facility as security regulated is effective from the date of publication in the Gazette and remains in force until it is formally revoked.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 provides for the declaration of offshore facilities as security regulated, which is relevant to ensuring the safety and security of maritime operations. Section 17B(1) of the Act allows the Regional Director, Transport Security Operations, to declare a specific offshore facility as security regulated if it meets the criteria set out in the Act (17B). In this instance, Steven Rowson, Regional Director, has declared the Apache Energy Limited ‘Armada Claire’ as a security regulated offshore facility, which is involved in the extraction of petroleum from the seabed or its subsoil (17B(1)). This declaration takes effect upon its publication in the Gazette, thereby officially recognising the facility’s status under the Act (17B(1)). The Act imposes certain obligations and requirements on parties and entities affected by this declaration. Specifically, the declaration mandates that the offshore facility must adhere to the security measures and protocols as prescribed by the Act (17A). This includes compliance with the requirements for security plans and the implementation of measures designed to protect the facility from security threats. The declaration ensures that the facility is subject to stringent security regulations that are aimed at safeguarding not only the facility itself but also the broader maritime environment and the personnel operating within it (17A). The Act also outlines various offences and penalties for non-compliance with its provisions. Breaches of the security regulations can result in both criminal and civil consequences. For instance, individuals or entities that fail to comply with the security measures outlined in the Act can be subject to criminal charges, which may include fines and imprisonment. The maximum penalties for these offences are specified in the Act, with significant sanctions intended to enforce compliance and deter non-compliance (Part 3). Additionally, there may be civil liabilities that arise from breaches, which could involve compensation for any damages or losses incurred as a result of inadequate security measures (Part 3). The declaration thus serves as a formal notice that any failure to meet the Act's requirements can lead to serious legal repercussions.