Notice of Declaration of Security Regulated Offshore Facility - Wheatstone Upstream Platform

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Australian Parliament to establish a framework for securing maritime transport and offshore facilities against terrorist attacks and other security threats. This Act was introduced to address the growing concerns about the vulnerability of offshore facilities, particularly those involved in critical industries such as petroleum extraction, to security risks. The policy objective of the Act is to ensure that adequate security measures are implemented to protect these facilities, thereby safeguarding national security and the wellbeing of personnel operating on them. Under the authority granted by the Act, the Department of Infrastructure and Regional Development can declare specific offshore facilities as security regulated, which necessitates compliance with stringent security protocols. In the context of the Wheatstone Upstream Platform, the declaration by Jacqui Ireland, the Director of Transport Security Operations, signifies its recognition as a security regulated offshore facility. This formal recognition, effective from its publication in the Gazette on 8 May 2017, mandates that the platform must adhere to the security requirements set forth in the Act, ensuring it meets the necessary standards to mitigate potential security threats. This notice remains effective until it is formally revoked and published in the Gazette, underscoring the continuous nature of security regulation in protecting offshore infrastructure.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to any offshore facilities involved in the extraction of petroleum from the seabed or its subsoil, ensuring that these facilities adhere to stringent security measures. The declaration of the Wheatstone Upstream Platform as a security-regulated offshore facility under subsection 17B(1) of the Act highlights the specific geographical focus of this legislation, as it targets facilities located in offshore areas. This declaration is pertinent to any person or entity operating the Wheatstone Upstream Platform and ensures compliance with the security regulations outlined in the Act. The jurisdictional reach of this Act is Commonwealth-wide, affecting entities across Australia, thereby establishing a national standard for offshore facility security. The Act does not specify any exclusions or exemptions, and its application can be further extended or restricted through subordinate instruments, allowing for the adaptability of security measures in response to evolving threats. The declaration of such facilities ensures that security protocols are uniformly applied, safeguarding critical infrastructure in Australia's offshore petroleum sector.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains various provisions to ensure the security of maritime transport and offshore facilities. Section 17B(1) of the Act allows the Director, Transport Security Operations, to declare certain offshore facilities as security regulated. This declaration is significant as it imposes specific security measures on the designated facility to safeguard against potential security threats. In this case, the Wheatstone Upstream Platform has been declared a security regulated offshore facility, meaning it is subject to the stringent security provisions outlined in the Act. The Act imposes several obligations on the parties or entities it governs. Firstly, any person responsible for a security regulated offshore facility must ensure that the facility complies with the security requirements set out in the Act and any associated security plans. This includes implementing measures to prevent unauthorised access, ensuring the integrity of the facility, and maintaining effective communication with relevant authorities. Furthermore, the Act requires the facility to have a designated security officer responsible for coordinating and overseeing the security measures in place. This individual must be adequately trained and possess the necessary expertise to manage the security operations effectively. Failure to comply with the obligations and requirements imposed by the Act can result in various consequences. Under section 17F of the Act, any person who contravenes a security requirement or fails to take all reasonable and practical steps to comply with the Act may be liable for an offence. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to $111,000 for individuals and $555,000 for bodies corporate, while criminal penalties can include fines of up to $555,000 for individuals and $2,775,000 for bodies corporate. Additionally, the Act empowers the Director, Transport Security Operations, to take enforcement actions such as issuing compliance notices, directing the cessation of non-compliant activities, or even revoking the security regulated status of the facility if necessary. These penalties and consequences underscore the importance of adhering to the security provisions outlined in the Act.