Notice of Declaration of Security Regulated Port – Port of Abbot Point

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

Legislation au C2014G00271 In force Gazette

Legislation content

 

M01315

 

Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – PORT OF ABBOT POINT

 

 

I, ROGER VAUGHAN LONIE, A/g 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 Abbott Point published in the Gazette (No. GN 22, 2 June 2004) on Line no. 16 of Column A (the port) and shown on the map identified as ‘16. Port of Abbott Point’ on page 1444; and

 

DECLARE that the area of the port of Abbot Point 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:    11  February 2014

 

 

 

 

 

Roger Lonie

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.

 

 

 

SECURITY REGULATED PORT BOUNDARY DESCRIPTION

Description of Port of Abbot Point

State: Queensland Map Number: 69900

 

The Security Regulated Port of Abbot Point is all of that area of land and water contained within and bounded by a line commencing at a point on the high water mark of the coastline of Queensland nearest the point of latitude 19º 55’ 31.94” south, longitude 147º 59’ 03.92” east;

thence north to the point at latitude 19º 47’ 54.41” south, longitude 147º 59’ 03.92” east;

thence easterly along the geodesic line to the point at latitude 19º 47’ 54.40” south, longitude 148º 08’ 03.92” east;

thence east-south-easterly along the geodesic line to a point on the high water mark of the coastline of Gloucester Island on Gloucester Head nearest to the point of latitude 19º 58’ 17.98” south, longitude 148º 27’ 02.26” east;

thence generally southerly along the high water mark of the western side of Gloucester Island for a distance of approximately 11 kilometres to a point on that high water mark nearest to the point of latitude 20º 03’ 06.70” south, longitude 148º 27’ 28.54” east;

thence south-south-westerly along the geodesic line to a point on the high water mark of the coastline of Queensland on Cape Gloucester nearest the point of latitude 20º 03’ 37.40” south, longitude 148º 27’ 12.18” east;

thence generally west-north-westerly but initially south-westerly along that high water mark of the coastline of Queensland for a distance of approximately 70 kilometres to a point on the high water mark of that coastline on the western side of the entrance to the marina at Bowen nearest the point of latitude 20º 01’ 08.67” south, longitude 148º 15’ 19.42” east;

thence easterly along the geodesic line across the entrance to that marina for a distance of approximately 180 metres to a point on the southern end of the breakwater on the eastern side of the entrance to the marina nearest the point of latitude 20º 01’ 09.56” south, longitude 148º 15’ 25.61” east;

thence generally north-westerly but initially generally south-easterly along the high water mark of the coastline of Queensland for a distance of approximately 40 kilometres to a point on that high water mark on the unfenced north-easterly prolongation of the fence near the north-western boundary of Lot 3 on RP737838 nearest the point of latitude 19º 56’ 00.52” south, longitude 148º 06’ 09.39” east;

thence south-westerly along that unfenced north-easterly prolongation of the fence near the north-western boundary for a distance of approximately 30 metres to the end of that fence and then generally south-south-westerly along that fence for a further distance of approximately 240 metres to the intersection of fences near the northern-most corner of Lot 2 on RP48626 on the eastern side of the access road to the Abbot Point Coal Terminal nearest the point of latitude 19º 56’ 07.99” south, longitude 148º 06’ 05.25” east;

 

 

 

thence generally south-south-easterly along that fence on the eastern side of the access road to the Abbot Point Coal Terminal for a distance of approximately 1.3 kilometres to the corner of that fence on the northern side of Saltwater Creek nearest the point of latitude 19º 56’ 47.04” south, longitude 148º 06’ 22.79” east;

thence south-south-westerly along the unfenced geodesic line across Saltwater Creek for a distance of approximately 160 metres to the corner of the fence on the southern side of that creek nearest the point of latitude 19º 56’ 52.12” south, longitude 148º 06’ 21.45” east;

thence generally south-south-westerly along the fence on the eastern side of the access road to the Abbot Point Coal Terminal for a distance of approximately 5.5 kilometres to a point on that fence near the south-eastern corner of Lot 51 on plan HR1931 and about 180 metres northerly of the railway line nearest the point of latitude 19º 59’ 37.82” south, longitude 148º 05’ 13.09” east;

thence westerly along the unfenced geodesic line across the access road to the Abbot Point Coal Terminal and the railway line to that terminal for a distance of approximately 60 metres to a point on the fence near the south-western corner of Lot 50 on plan HR1931 nearest the point of latitude 19º 59’ 37.61” south, longitude 148º 05’ 11.03” east;

thence generally north-north-easterly along the fence on the western side of the railway line to the Abbot Point Coal Terminal for a distance of approximately 5.5 kilometres to the corner of that fence near the north-western corner of Lot 1 on plan RP748625 on the southern side of Saltwater Creek nearest the point of latitude 19º 56’ 49.49” south, longitude 148º 06’ 19.58” east;

thence north-north-easterly along the unfenced geodesic line across Saltwater Creek for a distance of approximately 80 metres to the corner of the fence on the northern side of that creek and west of the railway line nearest the point of latitude 19º 56’ 47.22” south, longitude 148º 06’ 20.72” east;

thence generally north-north-westerly along that fence on the western side of the railway line to the Abbot Point Coal Terminal for a distance of approximately 3.5 kilometres to the corner of that fence approximately 10 metres south of the level crossing of the access road to the western entrance to the Abbot Point Coal Terminal over the railway line, nearest the point of latitude 19º 55’ 04.51” south, longitude 148º 05’ 30.52” east;

thence generally north-westerly along the fence on the south-western side of the access road to the western entrance to the Abbot Point Coal Terminal for a distance of approximately 1.7 kilometres to the intersection of that fence with the remains of an old fence nearest the point of latitude 19º 54’ 29.39” south, longitude 148º 04’ 47.39” east;

thence generally north-westerly along the remains of that old fence for a distance of approximately 1.2 kilometres to the corner of the security fence nearest the point of latitude 19º 54’ 02.20” south, longitude 148º 04’ 22.66” east;

thence generally north-westerly along that security fence for a distance of approximately 1.7 kilometres to the corner of the security fence nearest the point of latitude 19º 53’ 23.83” south, longitude 148º 03’ 56.74” east;

 

thence generally east-north-easterly along that security fence for a distance of approximately 470 metres to the corner of the security fence nearest the point of latitude 19º 53’ 20.52” south, longitude 148º 04’ 12.23” east;

thence northerly along that security fence and its northerly prolongation for a total distance of approximately 300 metres to the intersection of that northerly prolongation of the security fence with the high water mark of the coastline of Queensland nearest the point of latitude 19º 53’ 10.90” south, longitude 148º 04’ 13.42” east;

thence generally west-south-westerly along that high water mark for a distance of approximately 20 kilometres 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’.

2. Unless otherwise stated, all coordinates are in reference 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.

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 September 2009.

 

 

 

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Commonwealth Parliament to address the need for enhanced security measures at designated ports and offshore facilities in Australia, ensuring the safety and security of maritime transport and critical infrastructure. This Act establishes a framework for the regulation of security at these sites, allowing for the designation of "security regulated ports" where specific security measures must be implemented. The policy objective of this Act is to mitigate risks associated with potential threats to maritime transport and offshore facilities, thereby safeguarding national security and economic interests. The Act empowers the relevant authorities to declare certain areas as security regulated ports, enforce stringent security protocols, and revoke such declarations as circumstances dictate. The 2014 Notice of Declaration of Security Regulated Port – Port of Abbot Point exemplifies the application of this Act, where the Port of Abbot Point was initially declared a security regulated port but subsequently had its status revoked and re-declared with updated boundaries and security measures to address evolving security needs.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated ports and offshore facilities within Australia, with a focus on ensuring the safety and security of maritime transport. The Act applies to any port or facility used for the movement, loading, unloading, maintenance, or provisioning of ships that are subject to security regulations. This includes ports like the Port of Abbot Point in Queensland, which has been designated as a security regulated port under the Act. The Act extends to the Commonwealth, states, and territories of Australia, ensuring a consistent approach to maritime security across the nation. Notably, the Act does not specify any exclusions or exemptions, meaning that all designated security regulated ports and facilities must comply with its provisions. The application and enforcement of the Act may be extended or restricted through subordinate instruments, which provide further detail on security measures and compliance requirements. This legislative framework ensures that maritime transport and offshore facilities are adequately protected against potential security threats.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides for the security of maritime transport and offshore facilities. Section 13(1) of the Act allows for the declaration of security regulated ports, which are areas within a port where security measures are required due to the potential risk posed by security regulated ships. The Notice of Declaration of Security Regulated Port – Port of Abbot Point, issued under this section, revokes the previous declaration of the security regulated port of Abbott Point and establishes new boundaries for the port area intended for use in connection with security regulated ships. The new boundaries are described in detail in the Notice and are intended to ensure that all areas within the port that may be used by security regulated ships are subject to appropriate security measures. The Act imposes several obligations on parties and entities within the security regulated port. These include compliance with security measures, such as the development and implementation of a security plan, the conduct of security assessments, and the provision of information to the relevant authorities. The Act also requires that parties and entities within the port take all reasonable steps to prevent any security incident from occurring and to respond effectively if such an incident does occur. Additionally, the Act imposes requirements on security regulated ships, such as the need to obtain a security clearance before entering the port and to comply with any security measures in place within the port. Failure to comply with the obligations and requirements of the Act may result in civil or criminal penalties. Under the Act, a person who contravenes a provision of the Act that is enforceable by a civil penalty notice may be subject to a civil penalty of up to $22,200 for an individual and $111,000 for a body corporate. Additionally, a person who commits an offence under the Act may be subject to criminal penalties, including fines of up to $550,000 for an individual and $2.75 million for a body corporate, and/or imprisonment for up to 10 years. The Act also provides for the imposition of other civil and criminal consequences, such as the suspension or revocation of security clearances or the imposition of restrictions on the operation of vessels within the port. In summary, the Notice of Declaration of Security Regulated Port – Port of Abbot Point establishes new boundaries for the security regulated port at Abbott Point and imposes obligations on parties and entities within the port to comply with security measures and take steps to prevent and respond to security incidents. Failure to comply with the obligations and requirements of the Act may result in civil or criminal penalties, including fines and imprisonment.

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