NTC-20256
Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated OFFSHORE FACILITY – Varanus Island Offshore Facility Network
I, MICHAEL GRAY, Assistant Director, Transport Security Operations, Aviation and Maritime Security Division, under subsection 17B(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act):
REVOKE notice NTC-10767 dated 8 April 2016 that declared Varanus Island Offshore Facility Network as a security regulated offshore facility as published in the Gazette (C2016G00570, 29/04/2016); and
DECLARE that Varanus Island Offshore Facility Network, which is located in an offshore area and used in the extraction of petroleum from the seabed or its subsoil with equipment on, or forming part of the facility, the location and boundaries of which are shown below and illustrated on the five attached maps, to be a security regulated offshore facility:
- Marine Export Terminal (Harriet Terminal) Latitude: 20° 37’ 42.70” S - Longitude: 115° 36’ 30.72” E
- John Brookes Latitude: 20° 26’ 50.45” S - Longitude: 115° 07’ 12.62” E
- Harriet B Latitude: 20° 34’ 30.75” S - Longitude: 115° 38’ 15.30” E
- Linda Latitude: 20° 33’ 18.63” S - Longitude: 115° 42’ 31.88” E
This Notice commences upon publication in the Gazette.
Mick Gray
Delegate of the Secretary of the
Department of Home Affairs
2 February 2021
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette.
The Offshore Waterside Zones for the Harriet Terminal Location (16), John Brookes Location (1), Harriet B Location (7), Linda Location (5) within the Offshore Facility Network are marked in yellow. Note: All other marked platforms are no longer in production or are undergoing decommissioning.
Larger scale offshore waterside zones for each location are depicted respectively in the following maps:
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for heightened security measures for offshore facilities, particularly those involved in the extraction of petroleum from the seabed or its subsoil. This legislation was introduced to fill a significant gap in the regulation of security at offshore facilities, which was deemed necessary to protect critical infrastructure and the safety of personnel working in these environments. The Act was passed by the Parliament of Australia and aims to provide a comprehensive framework for the security of maritime transport and offshore facilities. The policy objective of the Act is to ensure that appropriate security measures are in place to safeguard these facilities against potential threats. The Act empowers the relevant authorities to designate certain offshore facilities as security regulated and to enforce stringent security requirements on them. This includes the ability to revoke or declare security status for specific offshore facilities, as demonstrated in the recent notice regarding the Varanus Island Offshore Facility Network.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to offshore facilities involved in the extraction of petroleum from the seabed or its subsoil, as well as any other maritime transport activities deemed necessary for security purposes. This Act has a broad jurisdictional reach, extending to Commonwealth waters and areas under the jurisdiction of Australia, including its territorial sea and exclusive economic zone. The Act encompasses specific facilities such as the Varanus Island Offshore Facility Network, which has been declared as a security regulated offshore facility. The Act provides for the regulation of these facilities to ensure security measures are in place, with the capacity to revoke or declare such facilities through notices published in the Gazette. Notably, the Act’s application can be extended or restricted through subordinate instruments, allowing for flexibility in addressing emerging security needs or changes in the maritime environment. While the Act generally applies to all relevant offshore facilities, specific exclusions or exemptions are not detailed in the provided text, and would typically be determined through legislative interpretation or additional regulatory guidance.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains several key provisions that are pertinent to the regulation of offshore facilities. Section 17B(1) allows the Assistant Director of Transport Security Operations to issue or revoke notices regarding the designation of offshore facilities as security regulated. In this instance, the notice (NTC-202146) revokes a previous notice (NTC-10767) that declared the Varanus Island Offshore Facility Network as a security regulated offshore facility, and subsequently declares the same facility as such again. This highlights the dynamic nature of the regulatory framework, allowing for adjustments as operational contexts change.
Under the Act, the declaration of an offshore facility as security regulated entails certain obligations and requirements. These include adherence to security measures that are prescribed by the Act and any associated regulations or guidelines. The declared facility, Varanus Island Offshore Facility Network, must comply with these measures to ensure the protection of the facility and its operations from potential security threats. Such compliance would involve implementing physical security measures, emergency response plans, and other safeguards as specified by the relevant authorities.
The Act also imposes various consequences for non-compliance with its provisions. Offences under the Act may result in civil or criminal penalties. For instance, failure to comply with a security requirement can lead to enforcement actions, fines, or even imprisonment. While the specific penalties are not detailed in the notice, the Act generally allows for fines of up to $150,000 for individuals and $750,000 for bodies corporate, depending on the severity and nature of the breach. Additionally, ongoing non-compliance can lead to further regulatory actions, including potential revocation of the facility’s security regulated status.
It is important to note that the revocation and re-declaration of the Varanus Island Offshore Facility Network as a security regulated facility underscore the regulatory flexibility provided by the Act. This allows for the re-evaluation and adjustment of security measures as required by changing circumstances or new threats. The obligations imposed on the facility are designed to ensure that adequate security protocols are in place to protect the facility and its operations, thereby contributing to broader maritime and national security objectives.