Notice of Declaration of Security Regulated Port - Albany

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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NTC-5113

 

Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – ALBANY

 

 

I, BRIAN THOMAS RANKIN, Acting Regional Director, Transport Security Operations,

Office of Transport Security, under subsection 13(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act):

 

REVOKE the declaration of the security regulated port of Albany published in the

Gazette (No. S 189, 4 June 2004) on Line no. 38 of Column A (the port) and shown on

the map identified as 38. Port of Albany’ on page 42; and

 

DECLARE that the area of the port of Albany intended for use either wholly or partly in connection with the movement, loading, unloading, maintenance or provisioning of

security regulated ships, the boundaries of which are shown on the attached map and descriptions, to be a security regulated port.

 

This Notice commences upon publication in the Gazette.

 

 

Date:    01 December 2014

 

 

 

 

Brian Rankin

Delegate of the Secretary of the

Department of Infrastructure and Regional Development

 

 

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.

 

RAT340-01

SECURITY REGULATED PORT BOUNDARY DESCRIPTION

 

Description of Port of Albany

State: Western Australia

Map Number: Geocat 69980

 

The Security Regulated Port of Albany is all of that area of land and water contained within and bounded by a line commencing at a point at the intersection of a security fence with the high water mark of the coastline of Western Australia on the northern coastline of Ataturk Entrance closest to latitude 35° 02' 15.00" south, longitude 117°54' 34.02" east (Point 1);

 

thence initially south-south-easterly but generally west-north-westerly sequentially connecting channel markers within Princess Royal Harbour closest to coordinates:

Point Latitude Longitude Feature

 

Point

Latitude

Longitude

Feature

2

35° 02' 22.86" south

117° 54' 37.73" east

Approach Channel

Beacon 7

3

35° 02' 28.25" south

117° 54' 39.88" east

Approach Channel

Beacon 8

4

35° 02' 33.39" south

117° 54' 20.13" east

Approach Channel

Beacon 10

5

35° 02' 18.58" south

117° 53' 35.48" east

Basin Beacon 14

6

35° 02' 12.80" south

117° 53' 21.67" east

Basin Beacon 16

7

35° 01' 58.44" south

117° 53' 21.50" east

Southern Tug Pen

Channel Marker

8

35° 01' 56.80" south

117° 53' 21.44" east

Northern Tug Pen

Channel Marker

 

thence north along that meridian of longitude for a distance of approximately 5 metres to its intersection with the high water mark of the State of Western Australia and a Security Fence (under construction) on a breakwater closest to latitude 35° 01' 56.59" south (Point 9);

 

thence initially northerly but generally easterly along that Security fence under construction and existing security fence for a total distance of approximately 420 metres sequentially connecting points closest to coordinates:

Point Latitude Longitude

 

Point

Latitude

Longitude

10

35° 01' 55.36" south

117° 53' 28.13" east

11

35° 01' 58.49" south

117° 53' 32.78" east

12

35° 01' 56.63" south

117° 53' 34.00" east

 

thence initially easterly across a security gate then generally south-easterly along a security fence on the southern side of Princess Royal Drive for a total distance of approximately 150metres, to the western side of a security gate closest to latitude 35° 01' 59.95" south, longitude 117° 53' 37.82" east (Point 13);

 

thence initially easterly across that security gate then generally east-south-easterly along the security fence on the southern side of Princess Royal Drive for a total distance of approximately 400 metres sequentially connecting points closest to coordinates:

 

 

Point

Latitude

Longitude

14

35° 02' 00.06" south

117° 53' 38.75" east

15

35° 02' 02.91" south

117° 53' 45.68" east

16

35° 02' 03.87" south

117° 53' 48.20" east

17

35° 02' 05.74" south

117° 53' 51.25" east

 

thence initially easterly across a security gate then generally east-south-easterly along a security fence on the southern side of Princess Royal Drive for a total distance of approximately 360 metres sequentially connecting points closest to coordinates:

 

 

Point

Latitude

Longitude

18

35° 02' 05.89" south

117° 53' 51.81" east

19

35° 02' 05.23" south

117° 53' 52.29" east

20

35° 02' 08.98" south

117° 54' 04.21" east

 

thence initially easterly across the security gate then generally easterly along a security fence to the south of Princess Royal Drive for a total distance of approximately 770 metres sequentially connecting points closest to coordinates:

 

 

Point

Latitude

Longitude

21

35° 02' 09.22" south

117° 54' 05.08" east

22

35° 02' 10.98" south

117° 54' 12.96" east

23

35° 02' 12.22" south

117° 54' 12.60" east

24

35° 02' 12.47" south

117° 54' 13.23" east

25

35° 02' 11.10" south

117° 54' 13.64" east

26

35° 02' 13.24" south

117° 54' 24.34" east

27

35° 02' 12.99" south

117° 54' 24.54" east

28

35° 02' 12.46" south

117° 54' 29.91" east

 

thence generally south-easterly along that security fence for a distance of approximately 120 metres to the intersection of two security fences closest to latitude 35° 02' 14.77" south, longitude 117° 54' 33.59" east (Point 29);

 

thence continuing south-easterly along that security fence for a distance of approximately 15 metres to the point of commencement.

 

Notes:

 

  1. The ‘high water mark’ referred to in the Port Description and associated maps means the line of ‘mean high water springs’.
  2. Unless otherwise stated, all coordinates are referenced to the WGS 84 geodetic datum.
  3. In the event that a point of latitude and longitude which is stated to lie on the high water mark is found to lie on the landward or seaward side of the high water mark the point is to be regarded as being the point on the high water mark closest to that point of latitude and longitude.
  4. Unless stated otherwise, the Security Regulated Port described above includes all water and land inside the area and excludes all private or recreational wharves, jetties and marinas.
  5. Unless otherwise stated the landside boundaries are fenced.
  6. Unless otherwise stated the lines between coordinates are rhumb lines (loxodromes).
  7. This description should be read in conjunction with the Security Regulated Port Boundary map. In the event of an inconsistency between the written description and the map, the former prevails.
  8. This description and the associated maps have been compiled from field data captured in February 2010 and information provided by the Albany Port Authority and the Western Australian State Government.

 

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to establish a legal framework for securing maritime transport and offshore facilities against terrorist acts and other security threats. The Act was introduced to address the need for comprehensive security measures to safeguard Australia's maritime interests and infrastructure. Enacted by the Australian Parliament, the policy objective of this legislation is to ensure that maritime transport and offshore facilities are adequately protected to maintain national security and economic stability. The Act empowers the Department of Infrastructure and Regional Development to designate specific areas within ports as security regulated ports, where stringent security measures are enforced to prevent unauthorised access and potential threats. The Act allows for the revocation or declaration of security regulated ports to adapt to changing security needs and ensure effective protection of critical maritime infrastructure.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) applies to the movement, loading, unloading, maintenance, and provisioning of security regulated ships in designated security regulated ports, ensuring compliance with national security protocols. The Act specifically governs the designated security regulated port of Albany in Western Australia, delineating its boundaries based on geographic coordinates and specific landmarks, including channel markers, beacons, and security fences. This Act applies to any entity or individual involved in activities related to security regulated ships within the specified port area, excluding private or recreational wharves, jetties, and marinas. The Act's jurisdiction is national, as it is enacted by the Commonwealth of Australia, and it extends to the management and enforcement of security measures within the maritime and offshore facilities sectors. Exclusions are noted for private or recreational wharves, jetties, and marinas within the port area, as well as any inconsistencies between the written boundary descriptions and the accompanying maps, where the latter prevails. The Act's application can be further detailed or modified through subordinate instruments as necessary.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains provisions that govern the declaration of security regulated ports. Section 13(1) of the Act allows for the declaration or revocation of security regulated ports. In this instance, the declaration of the security regulated port of Albany has been revoked and a new declaration has been made. The new declaration specifies the boundaries of the port and includes both land and water areas within these boundaries, excluding private or recreational wharves, jetties, and marinas. This new declaration is to be read in conjunction with the provided map, which illustrates the specific coordinates and features delineating the port. The Act imposes several obligations on parties and entities governed by it. Firstly, the declaration of the security regulated port requires that all areas within the specified boundaries adhere to the security regulations set out in the Act. This includes ensuring that any movement, loading, unloading, maintenance, or provisioning of security regulated ships comply with the specified security protocols. The Act also requires that the boundaries of the port are clearly defined and that any changes to these boundaries are duly noted and updated in accordance with the provisions of the Act. Failure to comply with the provisions of the Act may result in various offences, penalties, and consequences. The Act does not specify particular offences or penalties within the notice itself, but breaches of the security regulations could potentially lead to criminal charges under the Act or other relevant legislation. The penalties for such offences could include substantial fines and, in serious cases, imprisonment. Additionally, civil consequences may also apply, such as the imposition of administrative penalties or the requirement to undertake corrective actions to ensure compliance with the Act. The notice explicitly states that it remains in force until it is revoked in writing and published in the Gazette. This ensures that any changes to the status or boundaries of the security regulated port are formally documented and communicated to all relevant parties. This transparency helps to maintain the integrity and effectiveness of the security regulations in place, ensuring that the port operations meet the necessary security standards as prescribed by the Act.

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