Notice of Declaration of Security Regulated Offshore Facility – Armada Claire

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for comprehensive security measures to protect Australia's maritime transport and offshore facilities against potential terrorist threats and other security risks. This Act was introduced by the Australian Parliament and aims to provide a legislative framework for the security of offshore facilities, ensuring that they are adequately safeguarded to protect national interests and public safety. In accordance with the Act, the Secretary of the Department of Infrastructure and Regional Development has the authority to declare certain offshore facilities as security regulated, thereby imposing specific security requirements on these facilities. This particular legislative instrument, issued under the authority of the Maritime Transport and Offshore Facilities Security Act 2003, involves the revocation of a previous declaration concerning the Armada Claire facility operated by Apache Energy Limited, followed by a new declaration that identifies Armada Claire as a security regulated offshore facility. This change was gazetted to reflect updated security assessments and requirements, ensuring that the facility continues to be appropriately protected against potential security threats. The declaration is effective upon its publication in the Gazette and remains in force until further notice or revocation.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to offshore facilities used in the extraction of petroleum from the seabed or its subsoil and any associated vessels. The Act operates on a national level, as it is a Commonwealth Act, and thus applies across all Australian states and territories. It applies to entities such as petroleum companies operating offshore facilities, mandating that they adhere to stringent security regulations to protect these facilities from potential threats. The Act includes provisions for declaring certain offshore facilities as security regulated, which involves specifying their boundaries and operational details to ensure comprehensive security measures are in place. This legislation extends its application through subordinate instruments, which may detail specific security protocols or operational standards. The revocation of a previous declaration, as seen in the case of Apache Energy Limited’s ‘Armada Claire’, underscores the Act’s flexible approach to adjusting security measures based on changing circumstances or assessments of threat levels. The Act does not specify explicit exclusions or thresholds but focuses on the declaration and regulation of facilities based on their operational significance and potential security risks.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) primarily deals with the regulation of security for maritime transport and offshore facilities. Section 17B(1) of the Act empowers the Director of Transport Security Operations to declare certain offshore facilities as security regulated. This authority is exercised in the Notice issued by Steven Rowson, the Director, which revokes the previous declaration of Apache Energy Limited’s ‘Armada Claire’ as a security regulated offshore facility and subsequently declares it as such again. The Notice specifies the facility's location, boundaries, and purpose, which include the extraction of petroleum from the seabed or its subsoil. This Notice is effective from its publication in the Gazette and remains in force until it is revoked in writing and published again in the Gazette. Under the Act, the obligations imposed on parties or entities include compliance with the security measures prescribed by the Act for declared offshore facilities. The declared facility must adhere to specific security protocols and measures to ensure the protection of the facility and its operations. These protocols may encompass physical security measures, access control, surveillance, and emergency response plans, among other requirements. Compliance with these obligations is essential to maintain the security status of the facility and to prevent any security breaches that could compromise national security or maritime safety. The Act also delineates the offences and penalties associated with non-compliance. Any person who contravenes the provisions of the Act or fails to comply with the security measures applicable to a declared offshore facility may be subject to criminal and civil penalties. Under section 343 of the Act, a person who commits an offence can face a substantial fine, imprisonment, or both. The specific maximum penalties can vary depending on the nature and severity of the offence. For instance, a person found guilty of an offence under the Act may be liable to a fine of up to $210,000 for a corporation or $42,000 for an individual, along with potential imprisonment terms. The Act aims to deter non-compliance and ensure that all parties adhere to the prescribed security measures to safeguard maritime and offshore operations.