Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT OF carnarvon – useless loop
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 – Useless Loop published in the Gazette (No. S189, 04 June 2004) on Line no. 14 of Column A (the port) and shown on the map identified as 14, Port of Carnarvon – Useless Loop’ on page 18; and
DECLARE that the area of the port of Carnarvon - Useless Loop 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 Useless Loop (Carnarvon, Shark Bay)
State: Western Australia
Map Number: Geocat 70299
The Security Regulated Port of Useless Loop (Carnarvon, Shark Bay) is all of that area of land and water contained within and bounded by a line commencing at a point in Western Australia, approximately 600 metres west-north-westerly from the southwestern end of the causeway to Slope Island, of latitude 26º 06’ 08.50” south, longitude 113º 23’ 29.41” east;
thence north easterly along the geodesic line to a point in Freycinet Reach at latitude
26º 04’ 49.23” south, longitude 113º 25’ 02.26” east;
thence south easterly along the geodesic line to a point in Freycinet Reach at latitude
26º 05’ 12.83” south, longitude 113º 25’ 26.97” east;
thence south westerly along the geodesic line to the point, approximately 500 metres south-easterly from the south-western end of the causeway to Slope Island, of latitude 26º 06’ 25.10” south, longitude 113º 24’ 02.34” east;
thence north westerly along the un-fenced geodesic line for a distance of
approximately 1 kilometre to the point of commencement.
Notes:
- Unless otherwise stated, all coordinates are in reference to the WGS 84 geodetic datum.
- 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 lines between coordinates are geodesic lines.
- 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 information provided in January 2010 by the Office of Transport Security, Department Regional Development and Local Government.
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Australian Parliament to address the need for enhanced security measures within the maritime sector, particularly concerning offshore facilities and ports. This legislation was introduced to mitigate the risk of terrorist attacks and other security threats in areas where security regulated ships operate, thereby ensuring the safety and security of Australia's maritime borders. The policy objective is to provide a legal framework that mandates and regulates the security measures required at designated ports to protect critical infrastructure and vessels from potential threats. The Act empowers the relevant authorities to designate certain ports as security regulated ports and to enforce stringent security protocols within these areas.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to persons, entities, industries, and conduct related to the security of maritime transport and offshore facilities within Australia. The Act is of Commonwealth jurisdiction and has a national reach, meaning it applies across all states and territories. The Act designates certain ports as security regulated ports, which must comply with security measures to protect against potential threats to maritime transport and offshore facilities. The Act also allows for the revocation of such declarations through subordinate instruments, as evidenced by the revocation of the declaration for the Port of Carnarvon – Useless Loop in Western Australia. The boundaries of security regulated ports are defined in the Act or by subordinate instruments, which in this case include a detailed description and map for the Port of Carnarvon – Useless Loop. Exclusions within these boundaries may include private or recreational wharves, jetties, and marinas unless they are integral to the movement, loading, unloading, maintenance, or provisioning of security regulated ships. This Act extends its application through detailed geographic descriptions and maps, ensuring clarity and precision in the areas it regulates.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) includes key provisions in section 13 that allow the revocation and declaration of security regulated ports. In this instance, section 13(1) enables the Ag Regional Director, Transport Security Operations Perth, to revoke the previous declaration of the security regulated port of Carnarvon – Useless Loop, which was published in the Gazette (No. S189, 04 June 2004). Subsequently, the same provision allows for the declaration of a new security regulated port boundary for the area of the port of Carnarvon - Useless Loop, intended for use in connection with the movement, loading, unloading, maintenance, or provisioning of security regulated ships. This new declaration is based on the attached map and descriptions, and it becomes effective upon publication in the Gazette.
The Act imposes several obligations on the parties and entities it governs. Firstly, the declaration of a security regulated port requires detailed boundary descriptions to be provided. This involves precise geographical coordinates and lines, as illustrated in the document, which must be complied with to ensure the security measures are correctly applied within the designated area. Additionally, the security regulated port must exclude any private or recreational wharves, jetties, and marinas, unless explicitly included in the declaration. Furthermore, any inconsistency between the written description and the map should be resolved in favour of the written description, ensuring clarity and precision in the port's boundaries.
Under the Maritime Transport and Offshore Facilities Security Act 2003, breaches of the provisions regarding the declaration and management of security regulated ports can lead to civil and criminal consequences. While the Act does not explicitly state the penalties for non-compliance, it is generally understood that such breaches could result in significant fines or even imprisonment, depending on the severity and intent behind the breach. The Act operates within the broader framework of Australian maritime security laws, which are rigorously enforced to protect national security interests. Therefore, non-compliance could potentially attract severe penalties, reflecting the critical nature of maritime security regulations.