Notice of Declaration of Security Regulated Offshore Facility – Prelude FLNG

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for securing offshore facilities, particularly those involved in maritime transport and the extraction of petroleum. This Act was introduced by the Australian Parliament to fill a gap in the security provisions for offshore facilities, ensuring that these critical infrastructures are adequately protected against potential threats. The policy objective of the Act is to safeguard maritime transport and offshore facilities by implementing measures to prevent and mitigate security risks. This notice, issued under the authority of the Act, specifically designates the Prelude FLNG facility as a security regulated offshore facility, thereby enforcing stringent security regulations upon its operations. The declaration is effective from its publication in the Gazette, ensuring that the necessary security measures are promptly implemented to protect this vital offshore infrastructure.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated offshore facilities, specifically targeting the protection of offshore installations involved in the extraction of petroleum. This Act applies to the Prelude FLNG facility, which is situated in an offshore area with precise coordinates as specified in the declaration. The geographic reach of the Act is national, encompassing all offshore facilities within the Commonwealth of Australia. The Act imposes security measures and compliance requirements on entities operating such facilities, ensuring that they adhere to the stipulated security protocols. The declaration of the Prelude FLNG as a security regulated offshore facility extends the Act's application to this particular facility, mandating it to meet the regulatory standards set forth by the legislation. Any exclusions, exemptions, or thresholds are not specified in this notice but may be detailed in subordinate instruments or regulations associated with the Act. This declaration remains in effect until it is formally revoked and announced in the Commonwealth of Australia Gazette.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) includes several key sections that govern the regulation of security for offshore facilities. Section 17B(1) allows the Director, Transport Security Operations, Aviation and Maritime Security Division, to declare a facility as a security regulated offshore facility. In this case, the Director, Jacqueline Ireland, has declared the Prelude FLNG facility to be a security regulated offshore facility (s 17B(1)). The precise location and boundaries of the facility are specified in the attached map, with coordinates provided to ensure clarity. The declaration imposes specific obligations and requirements on the operators and entities associated with the Prelude FLNG. These obligations include the implementation of security measures as outlined in the security plan submitted under section 17D of the Act. This plan must detail the specific security measures, including physical security, access controls, and emergency response procedures, designed to protect the facility from potential threats. The operator must also ensure that the security measures comply with the security levels established by the Director under section 17C of the Act. Failure to comply with the requirements of the Act can result in significant legal consequences. Under section 212 of the Act, an individual or body corporate found guilty of an offence can face penalties. The maximum penalty for an individual is $222,000, while the maximum penalty for a body corporate is $1,110,000. Additionally, continuous offences can incur further penalties of $55,500 per day. These stringent penalties underscore the importance of adhering to the security regulations outlined in the Act to ensure the safety and security of offshore facilities.