Notice of Declaration of Security Regulated Port - Port of Carnarvon - Cape Cuvier

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MO1102

 

Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – PORT OF CARNARVON – CAPE CUVIER

 

 

I, BRIAN RANKIN, Ag REGIONAL DIRECTOR, Transport Security Operations Perth, 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 Carnarvon – Cape Cuvier published in the Gazette (No. S202, 11 June 2004) on Line no. 2 of Column A (the port) and shown on the map identified as 2, Port of Carnarvon – Cape Cuvier’ on page 4; and

 

DECLARE that the area of the port of Carnarvon – Cape Cuvier 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   June 2013

 

 

 

 

Brian Rankin

Delegate of the Secretary of the

Department of Infrastructure and Transport

 

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 Carnarvon (Cape Cuvier)

State: Western Australia

Map Number: Geocat 70067

 

The Security Regulated Port of Carnarvon (Cape Cuvier) 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 Western Australia nearest the point of latitude 24º 13’ 23.06” south, longitude 113º 23’ 29.62” east;

 

thence northerly to a point on the arc of a circle of 1200m radius whose centre is at latitude 24º 13’ 22.95” south, longitude 113º 23’ 29.60” east , nearest the point of latitude 24º 12’ 43.96” south, longitude 113º 23’ 28.72” east;

 

thence clockwise around that arc of a circle to its intersection with the high water mark of the coastline of Western Australia nearest the point of latitude 24º 13’ 29.06” south, longitude 113º 24’ 11.60” east;

 

thence generally westerly along the high water mark of that coastline for a distance of approximately 1.4 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 springs’.

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 and excludes all private or recreational wharves, jetties and marinas.

5.    Unless otherwise stated the lines between coordinates are geodesic lines.

6.    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.

7.    This description and the associated map have been compiled from information provided by the

Office of Transport Security, Department of Infrastructure, Transport, Regional Development and

Local Government in January 2010.

 

Overview

The Maritime Transport and Offshore Facilities Security Act 2003, enacted by the Australian Parliament, addresses the problem of ensuring the security of maritime transport and offshore facilities within Australian waters. This Act was introduced to fill a critical gap in the regulation of security in ports and offshore installations, which are vital for the nation's economy and security. The policy objective of this Act is to establish a framework for preventing, responding to, and mitigating the risks of security incidents in maritime transport and offshore facilities. The Act empowers the Transport Security Operations to designate certain ports as "security regulated ports" to ensure that appropriate security measures are in place to safeguard against potential threats. The revocation and declaration of security regulated ports, as demonstrated in the Gazette notice for the Port of Carnarvon – Cape Cuvier, reflect the dynamic nature of security needs and the ongoing commitment to adapt and enforce security protocols in critical maritime areas.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to the persons, entities, and industries involved in the maritime transport and offshore facilities within Australia, particularly focusing on the security aspects of these operations. The Act mandates security measures to safeguard against potential threats to maritime vessels and offshore infrastructure, thereby ensuring the safety and integrity of Australia’s maritime domain. The geographic reach of this Act is national, applying across all states and territories within Australia. The Act extends its application to all areas designated as security regulated ports, as defined by the relevant authorities under the Act. Notably, the Act includes provisions for subordinate instruments to further specify and expand upon the application of its provisions, thereby allowing for more detailed regulations and guidelines to be established as needed. This ensures that the Act remains flexible and capable of adapting to evolving security threats and operational requirements within the maritime and offshore sectors.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides the legislative framework for the regulation of security in Australian ports and offshore facilities. Section 13(1) of the Act allows the Regional Director to make a declaration of a security regulated port, which involves designating specific areas within a port where security measures are required to protect against potential threats. The notice published in the Gazette (No. S202, 11 June 2004) revoked the previous declaration of the Port of Carnarvon – Cape Cuvier as a security regulated port and issued a new declaration for the same port. This new declaration specifies the area of the port intended for use in connection with the movement, loading, unloading, maintenance or provisioning of security regulated ships. The new declaration is effective from the date of its publication in the Gazette. The Act imposes several obligations on the parties or entities it governs. It requires the Regional Director to declare areas within ports as security regulated ports based on potential security risks. The declaration must specify the boundaries of the port area and be supported by a map and a detailed description of the port's limits. The Regional Director must also ensure that the declaration is published in the Gazette, making it publicly accessible and binding on relevant parties. The declaration must detail the specific area within the port where security measures are required and must be accompanied by a map and a written description that precisely delineates the boundaries of the port area. The Act also establishes consequences for breaches of its provisions. While the notice itself does not detail specific penalties, breaches of the Maritime Transport and Offshore Facilities Security Act can result in significant civil and criminal penalties. Under section 15 of the Act, a person who contravenes the Act can be fined up to $22,000 for an individual offence and up to $110,000 for a corporate offence. Additionally, the Act allows for imprisonment for up to five years for serious offences. The penalties are intended to enforce compliance with the security measures required within the designated security regulated ports and to deter potential threats to maritime security.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.