Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT OF COCOS ISLAND
I, BRIAN THOMSA 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 Cocos Island published in the Gazette (No. S 96, 3 June 2009); and
DECLARE that the area of the port of Cocos Island 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: 27 May 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.
SECURITY REGULATED PORT BOUNDARY DESCRIPTION
Description of Port of Cocos (Keeling) Island
State / Territory: The Territory of Cocos (Keeling) Islands
Map Number: Geocat 70387
The Security Regulated Port of Cocos (Keeling) Island is all of that area contained within and bounded by a line commencing at a point on the high water mark of the coastline of West Island in the Cocos (Keeling) Islands Group, near Ujong Tanjong, nearest the point of latitude 12° 08’ 06.00” south, longitude 96° 49’ 14.40” east;
thence north-north-westerly to a point of latitude 12° 06’ 53.40” south, longitude 96° 48’ 49.20” east;
thence north-easterly to a point of latitude 12° 06’ 00.00” south, longitude 96° 49’ 39.00” east;
thence east along the parallel of latitude to its point of intersection with the meridian of longitude 96º 53’ 06.00” east;
thence south-south-easterly to a point on the high water mark of the western coastline of Home Island nearest the point of latitude 12° 06’ 44.25” south, longitude 96° 53’ 19.98” east;
thence generally south-south-easterly along that high water mark for a distance of approximately 1.3 kilometres to a point on that high water mark at the south-western extremity of Home Island nearest the point of latitude 12° 07’ 16.91” south, longitude 96° 53’ 36.69” east;
thence south-westerly to a point on the high water mark of the eastern coastline of West Island nearest the point of latitude 12° 10’ 00.00” south, longitude 96° 49’ 58.81” east;
thence generally north-north westerly along that high water mark for a distance of approximately 3.9 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 reference to the 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 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 map have been compiled from information provided in January 2010 by the Office of Transport Security, Department of Infrastructure, Transport, Regional Development and Local Government.
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the problem of inadequate security measures in maritime transport and offshore facilities, particularly in relation to potential threats from acts of piracy, terrorism, and other security risks. The Act provides a legislative framework for the regulation and enforcement of security measures in designated ports and offshore facilities within Australia. The enacting body responsible for this legislation is the Parliament of Australia. The policy objective of the Act is to enhance the security of maritime transport and offshore facilities, thereby protecting the maritime industry, ensuring the safety of people, and safeguarding Australia's economic interests. The Act empowers the declaration of specific ports as security regulated ports, subject to stringent security requirements and regulations to mitigate identified risks.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to individuals, entities, and vessels involved in maritime transport and offshore facilities operations within Australia and its territories, focusing on ensuring the security of ports and vessels that are identified as security regulated. This Act extends its jurisdictional reach across the Commonwealth, affecting both state and territory ports that are designated as security regulated. The Act provides a framework for identifying and regulating security risks in designated ports to protect against potential threats to maritime security. The Act also allows for the establishment of security regulated ports through subordinate instruments, which can include detailed regulations and guidelines for the implementation of security measures. Notably, the Act excludes private or recreational wharves, jetties, and marinas from the definition of security regulated ports unless they are specifically included through a declaration. The revocation and declaration of specific security regulated ports, such as the Port of Cocos Island, are managed through official gazette notices, which provide the boundaries and details of the areas subject to the Act’s provisions. These declarations are binding and remain in force until formally revoked and republished in the Gazette.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003, under subsection 13(1), provides the framework for declaring areas as security regulated ports, which are subject to specific security measures to protect against maritime security threats. In this instance, the Acting Regional Director, Transport Security Operations, has revoked the previous declaration of the security regulated port at Cocos Island (subsection 13(1)) and has re-declared the area as a security regulated port (subsection 13(2)). The boundaries of this port are precisely defined in the attached map and description, encompassing the entire area within the specified lines, which includes all water and land except private or recreational wharves, jetties, and marinas.
The obligations under this Act for parties or entities governed by it include adhering to the security measures that are established for the designated security regulated ports. This involves compliance with any security plans or measures that are put in place to safeguard against potential threats to maritime transport and offshore facilities. These obligations extend to all activities within the port, including the movement, loading, unloading, maintenance, and provisioning of ships that are subject to security regulations.
Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in significant legal consequences. The Act stipulates various offences and penalties for breaches of its provisions. For instance, there may be civil penalties for non-compliance, which can include fines. The maximum penalty for certain offences is outlined in the Act and can reach up to substantial monetary fines or imprisonment, depending on the severity of the breach. Additionally, criminal sanctions may apply, and the court has the discretion to impose penalties that reflect the seriousness of the offence.