Notice of Declaration of Security Regulated Port – Port of Darwin

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

Legislation au C2015G00244 In force Gazette

Legislation content

NTC-5343

 

Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – PORT OF DARWIN

 

 

I, JOHN DAVID RAPHAEL MOODY, 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 of Darwin published in the Gazette (No. S 27, 05 February 2008); and

 

DECLARE that the area of the port of Port of Darwin 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:    9   February 2015

 

 

 

 

John Moody

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.

 

RAT339-01

 

 

 

 

 

 

SECURITY REGULATED PORT BOUNDARY DESCRIPTION

 

Description of Port of Darwin

 

State: Northern Territory

 

Map Number: 68738

 

The Security Regulated Port of Darwin 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 coast of Charles Point on Cox Peninsula, Northern Territory at latitude 12º 22’ 55.68” south, longitude 130º 37’ 04.25” east; thence north-easterly along the geodesic to a point at latitude 12º 18’ 11.00” south, longitude 130º 41’ 03.50” east;

 

thence south-easterly along the geodesic to a point on the high water mark of the coastline of the Northern Territory near Lee Point on the Shoal Bay Peninsula at latitude 12º 19’ 48.19” south, longitude 130º 53’ 46.15” east;

 

thence generally south-westerly along that high water mark for a distance of approximately 28 kilometres to a point on that high water mark on the northern side of the entrance channel to the marina at Cullen Bay at latitude 12° 27’ 06.75" south, longitude 130° 49’ 13.81" east;

 

thence southerly across that entrance channel for a distance of approximately 10 metres to the high water mark of the coastline of the Northern Territory and then generally south-easterly along that high water mark for a further distance of approximately 6.5 kilometres to a point on that high water mark near the old Iron Ore wharf at latitude 12° 28’ 16.21" south, longitude 130° 50’ 38.61" east;

 

thence easterly for a distance of approximately 3 metres to the end of the security fence nearest the point of latitude 12° 28’ 16.22" south, longitude 130° 50’ 38.72" east;

 

thence generally north-easterly along that security fence on the northern side of the wharf area at Fort Hill Wharf for a distance of approximately 205 metres to the corner of the security fence nearest the point of latitude 12° 28’ 13.08" south, longitude 130° 50’ 44.30" east;

 

thence generally southerly along that security fence for a distance of approximately 70 metres to the point of intersection of the security fence with the south-westerly prolongation of the high water mark of the rock sea wall on the northern coastline of Kitchener Bay nearest the point of latitude 12° 28’ 15.17" south, longitude 130° 50’ 44.23" east;

 

thence generally north-easterly along the unfenced south-westerly prolongation of the high water mark of that rock sea wall to that high water mark and then along that high water mark on the northern edge of Kitchener Bay for a total distance of approximately 660 metres to its intersection with the high water mark of the coastline of the Northern Territory nearest the point of latitude 12° 28’ 01.61" south, longitude 130° 50’ 59.73" east;

 

thence generally south-easterly along that high water mark for a distance of approximately 130 metres to the point near the northern end of the jetty to Stokes Hill wharf, then generally northerly along that same high water mark for a further distance of approximately 620 metres to a point on the high water mark near the south-eastern corner of Lot 5500 of LTO Plan 84/119B Town of Darwin nearest the point of latitude 12° 27’ 46.79" south, longitude 130° 51’ 03.06" east;

 

thence westerly along the unfenced geodesic for a distance of approximately 30 metres to the corner of the security fence near the southern boundary of Lot 5500 of LTO Plan 84/119B Town of Darwin nearest the point of latitude 12° 27’ 46.91" south, longitude 130° 51’ 02.14" east;

 

thence further westerly along the fence and walls of structures on that southern boundary a further distance of approximately 170 metres to the end of the security fence nearest the point of latitude 12° 27’ 47.63" south, longitude 130° 50’ 56.65" east;

 

thence generally north-westerly but initially south-westerly for a distance of approximately 10 metres along that security fence to the corner of the security fence on the northern side of Mavie Street, Darwin and then continuing along that security fence on the northern side of Mavie Street and then on the eastern side of Frances Bay Drive a further distance of approximately 160 metres to the end of the security fence nearest the point of latitude 12° 27’ 44.34" south, longitude 130° 50’ 52.88" east;

 

 

thence northerly along the unfenced geodesic on the eastern side of Francis Bay Drive for a distance of approximately 50 metres to the corner of the security fence nearest the point of latitude 12° 27’ 42.90" south, longitude 130° 50’ 52.40" east;

 

thence generally northerly along that security fence on the eastern side of Francis Bay Drive for a distance of approximately 160 metres to its end at the southern face of a building nearest the point of latitude 12° 27’ 37.84" south, longitude 130° 50’ 51.36" east;

 

thence generally northerly along the external walls of that building on the eastern side of Frances Bay Drive and the unfenced northerly prolongation of the western-most face of the corrugated iron building for a total distance of approximately 65 metres to the point nearest the point of latitude 12° 27’ 36.04" south, longitude 130° 50’ 50.94" east;

 

thence easterly along the unfenced geodesic to the fence on the northern side of the slipway near the northern boundary of Lot 6506 of LTO Plan 84/119B Town of Darwin and then further easterly along that fence on the northern side of that slipway for a total distance of approximately 50 metres to the intersection of that fence with the high water mark of the coastline of Frances Bay Northern Territory nearest the point of latitude 12° 27’ 36.07" south, longitude 130° 50’ 52.69" east;

 

thence generally south-easterly but initially northerly along that high water mark for a total distance of approximately 33 kilometres to a point on that high water mark at the base of the railway embankment near East Arm Wharf nearest the point of latitude 12° 28’ 56.63" south, longitude 130° 53’ 35.74" east;

 

thence generally north-easterly along that base of the railway embankment for a distance of approximately 215 metres to a point at the base of that railway embankment nearest the point of latitude 12° 28’ 51.22" south, longitude 130° 53’ 40.21" east;

 

thence east-south-easterly along the unfenced geodesic across the railway line for a distance of approximately 50 metres to the corner of the security fence nearest the point of latitude 12°28’ 51.69" south, longitude 130° 53’ 41.79" east;

 

thence generally south-easterly but initially east-south-easterly along that security fence for a total distance of approximately 1030 metres to the corner of the security fence at the main entrance gate to East Arm Wharf on Berrimah Road nearest the point of latitude 12° 29’ 13.70" south, longitude 130° 53’ 56.56" east;

 

thence generally south-westerly along that security fence but initially south-easterly across the entrance gate and Berrimah Road, for a total distance of approximately 170 metres to the end of the security fence at the base of the rock embankment near the security boom gate, nearest the point of latitude 12° 29’ 17.46" south, longitude 130° 53’ 54.76" east;

 

thence east-south-easterly along the unfenced geodesic for a distance of approximately 175 metres to the point of intersection of the high water mark of the coastline of East Arm and the western side of the boat ramp nearest the point of latitude 12° 29’ 19.04" south, longitude 130° 54’ 00.27" east;

 

thence generally south-westerly but initially north-easterly along that high water mark of the coastline of East Arm for a distance of approximately 80 kilometres to a point on that high water mark on the Module Offload Facility causeway at Blaydin Point nearest the point of latitude 12° 30’ 48.57" south, longitude 130° 55’ 27.75" east;

 

thence south-westerly along the edge of the causeway for a distance of approximately 195 metres to the intersection with the security fence nearest the point of latitude 12° 30’ 51.63” south,

longitude 130° 55’ 22.00” east;

 

thence north-westerly along the security fence and gate for a distance of approximately 50 metres to the intersection with the edge of the Module Offload Facility causeway at Blaydin Point nearest the point of latitude 12° 30’ 50.20" south, longitude 130° 55’ 21.22" east;

 

thence north-easterly along the edge of the causeway for a distance of approximately 185 metres to the intersection with the high water mark of the coastline of East Arm nearest the point of latitude 12° 30’ 47.36” south, longitude 130° 55’ 26.56” east;

 

thence generally westerly, but initially north-westerly along that high water mark of the coastline of East Arm for a distance of approximately 20 kilometres and then generally southerly along the high water mark of the eastern coastline of Middle Arm for a further distance of approximately 2 kilometres to a point on the high water mark of the eastern coastline of Middle Arm, north of the jetty of the Darwin Liquid Natural Gas terminal, nearest the point of latitude 12° 31’ 23.40" south, longitude 130° 51’ 41.66" east;

thence southerly along the unfenced geodesic for a distance of approximately 30 metres to the corner of the security fence surrounding the Darwin Liquid Natural Gas facility nearest the point of latitude 12° 31’ 24.33" south, longitude 130° 51’ 41.76" east;

 

thence southerly along that security fence and across the security gate at the access point to the jetty and then along the unfenced geodesic for a total distance of approximately 10 metres to a point on the security fence on the southern side of the jetty and pipe gantry nearest the point of latitude 12° 31’ 24.71" south, longitude 130° 51’ 41.76" east;

 

thence south-south-westerly along the unfenced geodesic for a distance of approximately 10 metres to a point on the high water mark of the eastern coastline of Middle Arm nearest the point of latitude 12° 31’ 25.07" south, longitude 130° 51’ 41.57" east;

 

thence generally south-easterly and then generally north westerly along the high water mark of the coastline of the Northern Territory for a total distance of approximately 350 kilometres to the point of commencement.

 

The Security Regulation Port of Darwin includes all navigable bays, rivers, creeks and inlets entering the area described other than those closed by the straight lines defined within the

description by coordinated points.

 

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 GDA94 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 landside boundaries are fenced.

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Australian Parliament to establish a legislative framework for the security of maritime transport and offshore facilities, thereby addressing vulnerabilities and ensuring the safety and security of Australia's maritime borders. This Act allows for the declaration and management of security regulated ports, areas within which heightened security measures are mandated for vessels and facilities. The Act aims to prevent and mitigate risks associated with maritime terrorism, smuggling, and other security threats. As per the Notice published in the Gazette, the Regional Director, Transport Security Operations, has revoked the previous declaration of the Port of Darwin as a security regulated port and has declared it again, specifying the boundaries and areas subject to security regulations. This declaration is effective upon publication in the Gazette and remains in force until otherwise revoked, ensuring that the security measures are clearly defined and consistently applied.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to entities and persons involved in maritime transport and offshore facilities, particularly focusing on security regulated ships and ports. This Act extends to the Port of Darwin in the Northern Territory, which has been designated as a security regulated port. This designation includes all areas of land and water within specified boundaries, which are detailed in the Gazette notice, encompassing all activities related to the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The Act applies to any individual or entity conducting activities within the designated port area and mandates compliance with the security regulations outlined by the Act. While the Act provides for comprehensive security measures, it excludes private or recreational wharves, jetties, and marinas unless they are part of the broader port operations. The boundaries of the port are clearly defined by geographic coordinates and descriptions, ensuring precise demarcation. The application of the Act can be extended or modified through subordinate instruments, which would be detailed in additional regulations or notices published in the Gazette.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides for the declaration and revocation of security regulated ports, areas within ports, and offshore facilities that require security measures. In this context, section 13(1) allows for the declaration of the Port of Darwin as a security regulated port, specifying the boundaries and areas within the port subject to security regulations. The notice revokes the previous declaration of the Port of Darwin as a security regulated port and re-declares it, detailing the new boundaries and areas to which the security regulations apply. These boundaries are meticulously defined in the notice, encompassing specific geographical coordinates and landmarks within the Northern Territory. The Act imposes several obligations on parties and entities operating within the declared security regulated port. These obligations include complying with security measures and regulations set forth under the Act, ensuring that adequate security protocols are in place to protect ships, port facilities, and personnel. This includes implementing measures such as access controls, surveillance, and security personnel, as well as adhering to any additional requirements or directives issued by the Transport Security Operations Office. Failure to comply with these obligations could result in significant security risks, potentially endangering the safety and integrity of maritime transport operations. Breaches of the provisions outlined in the Act can lead to serious consequences, both civil and criminal. Under the Act, offences related to non-compliance with security regulations can result in substantial penalties. For example, the Act may impose fines for violations, with the maximum penalty varying depending on the severity and nature of the offence. Additionally, more serious breaches may lead to criminal charges, resulting in imprisonment. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to the security regulations set forth in the Act. The precise penalties for specific offences are detailed within the Act, ensuring that parties are aware of the potential legal ramifications of failing to comply with the security requirements.

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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.