Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT Latta
I, BEVERLEY HAZEL SEWELL, 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 Port Latta published in the Gazette (No. S 189, 4 June 2004) on Line no. 1 of Column A (the port) and shown on the map identified as ‘1. Port Latta’ on page 5; and
DECLARE that the area of the port of Port Latta 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: 7 July 2014
Beverley Sewell
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 Port Latta
State: Tasmania
Map Number: 69386
The Security Regulated Port of Port Latta is all of that land and water contained within and bounded by a line commencing at the intersection of an arc of 3 nautical mile radius centred at a point on the seaward end of the Port Latta Ore Jetty structure closest to latitude 40º 50’ 04.20” south, longitude 145º 23’ 16.94” east, with the high water mark of the coastline of Tasmania near Peggs Beach closest to latitude 40º 50’ 29.35” south, longitude 145º 19’ 22.11” east (point1),
Thence in a clockwise direction around that arc of radius 3 nautical miles to a point on the high water mark of the coastline of Tasmania at latitude 40º 52’ 09.47” south, longitude 145º 26’ 07.37 east (point 2),
thence generally westerly along the high water mark of the coastline of Tasmania to its intersection with a security fence closest to latitude 40º 51' 02.12" south, longitude 145º 23' 22.94" east, (point 3);
thence initially westerly but generally west-south-westerly for approximately 1450 metres following a security fence closest to the points at coordinates;
POINTID | | LATITUDE | LONGITUDE |
4 | 40º 51' 01.92" South | 145º 23' 22.34" east |
5 | 40º 51' 05.10" South | 145º 23' 12.80" east |
6 | 40º 51' 12.62" south | 145º 23' 07.23" east |
7 | 40º 51' 13.98" south | 145º 23' 05.34" east |
8 | 40º 51' 17.03" south | 145º 22' 58.96" east |
9 | 40º 51' 18.37" south | 145º 22' 57.69" east |
10 | 40º 51' 15.18" south | 145º 22' 52.39" east |
11 | 40º 51' 14.78" south | 145º 22' 52.79" east |
12 | 40º 51' 14.59" south | 145º 22' 52.48" east |
13 | 40º 51' 14.89" south | 145º 22' 52.17" east |
14 | 40º 51' 14.42" south | 145º 22' 51.52" east |
15 | 40º 51' 14.38" south | 145º 22' 50.94" east |
16 | 40º 51' 09.70" south | 145º 22' 42.87" east |
17 | 40º 51' 06.13" south | 145º 22' 46.82" east |
thence northerly for a distance of approximately 25 metres across a security gate and low brick wall to the corner of a building closest to Latitude 40º 51' 05.35" south, longitude 145º 22' 46.73" E (point 18);
thence initially westerly then northerly along the southern and western walls of that building to the intersection with a security fence closest to latitude 40º 51' 05.03" south, longitude 145º 22' 46.57" east (point 19);
Thence westerly along that security fence for a distance of approximately 7 metres to a corner in that security fence closest to latitude 40º 51' 05.02" south, longitude 145º 22' 46.26" east (point 20);
Thence northerly along that security fence for a distance of approximately 50 metres to its intersection with the high water mark of the coastline of Tasmania near Hellyer Beach closest to latitude 40º 51' 03.39" south, longitude 145º 22' 46.21" east (point 21);
Thence generally westerly along that high water mark for a distance of approximately 5.7 kilometres to the point of commencement.
Notes:
- The ‘high water mark’ referred to in the Port Description and associated maps means the line of ‘mean high water’.
- Unless otherwise stated, all coordinates are in WGS 84 geodetic datum.
- 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.
- 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.
- Unless otherwise stated the landside boundaries are fenced.
- Unless otherwise stated the lines between coordinates are rhumb lines (loxodromes).
- 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.
- This description and the associated maps have been compiled from field
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for enhanced security measures for maritime transport and offshore facilities within Australia, aiming to prevent potential terrorist acts and other security threats. The Act was introduced by the Commonwealth Parliament to provide a legislative framework for ensuring the security of maritime transport and offshore facilities, thereby protecting national interests and maritime activities. This legislation empowers the relevant authorities to enforce security measures and designate certain areas as security regulated ports to safeguard against unauthorised activities that could compromise maritime security. The policy objective of the Act is to maintain the security of maritime transport and offshore facilities through stringent regulatory measures and the designation of specific areas as security regulated ports.
In the context of the Act, the revocation of the declaration of the security regulated port of Port Latta, previously designated under the Maritime Transport and Offshore Facilities Security Act 2003, signifies an adjustment in the designated security regulated port boundaries. This revocation and subsequent re-declaration of the port’s boundaries reflect the ongoing efforts to refine and optimise security measures in response to evolving security threats and operational requirements. The re-declaration ensures that the port’s security measures remain effective and aligned with current security protocols and legislative standards. This action underscores the commitment to maintaining robust maritime security within Australia’s maritime domain.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to the security of maritime transport and offshore facilities, specifically addressing the security of ports and ships within Australia. This Act is applicable to entities and individuals involved in maritime transport and offshore facilities, including shipping companies, port operators, and maritime security officers, as well as to the conduct and transactions that occur within declared security regulated ports. The geographic reach of the Act is national, as it pertains to Commonwealth waters and any ports designated under the Act, including the newly declared security regulated port of Port Latta in Tasmania. The Act allows for the revocation and declaration of security regulated ports through subordinate instruments, which are legally binding documents issued under the authority of the Act. In this case, the Acting Regional Director has revoked the previous declaration of Port Latta as a security regulated port and has declared a new boundary for the port, which includes specific land and water areas detailed in the accompanying map and description. This new declaration excludes private or recreational wharves, jetties, and marinas, unless specifically included. The boundaries of the port are defined with precision using geographical coordinates and are to be read in conjunction with the provided map, with the written description taking precedence in the event of any inconsistency.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides the legislative framework for ensuring the security of maritime transport and offshore facilities within Australia. Under section 13(1) of the Act, the Acting Regional Director, Transport Security Operations, has the authority to declare certain areas as security regulated ports. In this context, the declaration in question pertains to Port Latta in Tasmania. Specifically, the notice revokes the previous declaration of Port Latta as a security regulated port and re-declares the area of the port as such, with its boundaries described in detail. The new boundaries of the security regulated port are defined by a series of coordinates and points on the map, ensuring that the port's security regulations are clearly demarcated.
The Act imposes several obligations on the parties and entities governed by it, particularly in relation to the security of maritime transport and offshore facilities. These obligations include the implementation of security measures to protect against acts of piracy, terrorism, and other security threats. For instance, the Act requires that security plans be developed and maintained for all security regulated ports. These plans must outline the specific security measures to be employed, the roles and responsibilities of all personnel involved, and the procedures to be followed in the event of a security incident. Additionally, the Act mandates that any person involved in the operation of a security regulated port must comply with the security measures outlined in their security plan and adhere to any additional instructions issued by the Director.
Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in significant legal consequences. Section 26 of the Act provides for various offences related to the security of maritime transport and offshore facilities, including unauthorised access to a security regulated port, failure to comply with security measures, and providing false or misleading information. The penalties for these offences can be severe, with maximum penalties varying depending on the specific offence. For instance, the Act provides for fines of up to $525,000 for corporations and $105,000 for individuals for offences involving unauthorised access to a security regulated port. Additionally, the Act allows for imprisonment terms of up to five years for individuals and ten years for corporations for more serious offences. These penalties underscore the importance of compliance with the Act's provisions and the serious nature of security breaches within security regulated ports.