Notice of Declaration of Security Regulated Port – Port of Eden

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

Legislation au C2014G01182 In force Gazette

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M01534

 

Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – PORT OF EDEN

 

 

I, MICHAEL WILLIAM ROWE, 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 Eden published in the Gazette (No. S 189, 4 June 2004) on Line no. 10 of Column A (the port) and shown on the map identified as ‘10. Port of Eden’ on page 14; and

 

DECLARE that the area of the port of Port of Eden 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:     26   June 2014

 

 

 

 

 

Michael Rowe

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.

 

RAT340-01

Description of Security Regulated Port – Port of Eden

 

The Security Regulated Port of Eden is all that area of land and water contained within and bounded by a line commencing at the point on the high water mark of the coastline of Twofold Bay in New South Wales, near Cocora Point west of Eden, nearest to the point of latitude 37° 04’ 26.74" south, longitude 149° 53’ 49.29" east;

 

  • thence generally easterly but initially north-easterly along that high water mark of the coastline of Snug Cove for a distance of approximately 2 kilometres to its intersection with the Snug Cove wharf face nearest to the point of latitude 37° 04’ 24.18" south, longitude 149° 54’ 31.56" east;
  • thence west-south-westerly along that wharf face for a distance of approximately 50 metres to its intersection with the security fence nearest to the point of latitude 37° 04’ 25.01" south, longitude 149° 54’ 29.94" east;
  • thence generally south-westerly but initially south-south-easterly along that security fence for a distance of approximately 90 metres to the corner of that security fence nearest to the point of latitude 37° 04’ 26.79" south, longitude 149° 54’ 28.22" east;
  • thence south-south-easterly along the unfenced geodesic line for a distance of approximately 30 metres to the point on the high water mark of the southern side of the Eden Breakwater nearest to the point of latitude 37° 04’ 27.65" south, longitude 149° 54’ 28.92" east;
  • thence generally easterly along the high water mark of the coastline of Twofold Bay for a distance of approximately 1.4 kilometres past Lookout Point to the point on that high water mark nearest to the point of latitude 37° 04’ 21.93" south, longitude 149° 55’ 02.04" east;
  • thence north-easterly along the geodesic line across the entrance to Calle Calle Bay to the point on the high water mark of the coastline of New South Wales at Worang Point nearest to the point of latitude 37° 03’ 22.63" south, longitude 149° 56’ 35.29" east;
  • thence southerly along the geodesic line across the entrance to Twofold Bay to the point on the high water mark of the coastline of New South Wales at Red Point nearest to the point of latitude 37° 06’ 03.27" south, longitude 149° 57’ 12.43" east;
  • thence generally easterly but initially southerly along the high water mark of the southern coastline of Twofold Bay and then the high water mark of the coastline of East Boyd Bay for a total distance of approximately 3.5 kilometres to the intersection of that high water mark of the coastline of East Boyd Bay with the security fence on the northern side of the jetty to the Multi-Purpose Berth nearest to the point of latitude 37° 06’ 20.82" south, longitude 149° 55’ 47.80" east;
  • thence east-north-easterly along that security fence for a distance of approximately 10 metres to the intersection of security fences nearest to the point of latitude 37° 06’ 20.66" south, longitude 149° 55’ 48.22" east;
  • thence south-easterly along the security fence at the eastern end of the jetty to the Multi-Purpose Berth for a distance of approximately 10 metres to the corner of the security fence on the northern side of the security gates to the Multi-Purpose Berth nearest to the point of latitude 37° 06’ 20.92" south, longitude 149° 55’ 48.52" east;
  • thence south across those security gates for a distance of approximately 8 metres to the corner of the security fence on the southern side of the access gates nearest to the point of latitude 37° 06’ 21.17" south, longitude 149° 55’ 48.52" east;
  • thence west along the security fence on the southern side of the jetty for a distance of approximately 20 metres to its intersection with the high water mark of the coastline of East Boyd Bay nearest to the point of latitude 37° 06’ 21.17" south, longitude 149° 55’ 47.71" east;
  • thence generally west-south-westerly along that high water mark for a distance of approximately 2.4 kilometres to a point near Brierly Point on that high water mark nearest to the point of latitude 37° 06’ 36.58" south, longitude 149° 54’ 46.88" east;
  •  thence north-westerly along the geodesic line to the point at Torarago Point on the high water mark of the coastline of New South Wales nearest to the point of latitude 37° 05’ 49.50" south, longitude 149° 53’ 36.53" east;
  • the fence northerly along the geodesic line across Twofold Bay 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 and excludes all private or recreational wharves, jetties and marinas.
  5. Unless otherwise stated the landside boundaries are fenced.
  6. Unless otherwise stated the lines between coordinates are geodesic lines.
  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

 

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the need for enhanced security measures in maritime transport and offshore facilities to protect against terrorist acts and other threats. This legislation was designed to ensure that adequate security provisions are in place to safeguard Australia's maritime interests and the safety of individuals involved in maritime activities. The Act empowers the relevant authorities to designate specific ports as security regulated ports, thereby imposing stringent security requirements on these areas. The policy objective of the Act is to enhance the security of maritime transport and offshore facilities to prevent unauthorised access and to protect against potential threats that could compromise national security or maritime operations. In accordance with the Act, the Regional Director, Transport Security Operations, within the Office of Transport Security under the Department of Infrastructure and Regional Development, has the authority to declare and revoke the status of security regulated ports. This authority was exercised in the case of the Port of Eden, where the declaration was revoked and subsequently re-declared, specifying the exact boundaries of the port intended for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. This re-declaration ensures that the appropriate security measures are consistently applied to protect the port and its operations from potential security threats.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to the maritime industry, particularly focusing on the security of ships and offshore facilities. The Act is applicable to any entity or person involved in the movement, loading, unloading, maintenance, or provisioning of security regulated ships within designated security regulated ports. The Act operates within the jurisdiction of the Commonwealth of Australia and extends to any port declared as a security regulated port under its provisions. The Act allows for the declaration and revocation of security regulated ports, as evidenced by the notice revoking the declaration of the Port of Eden and re-declaring it under new boundaries. This geographic re-delineation includes all land and water within specific boundaries, excluding private or recreational wharves, jetties, and marinas. The Act’s application can be extended or restricted through subordinate instruments, though specific details of such instruments are not provided in the notice. The notice itself is effective from its publication in the Gazette and remains in force until revoked in writing and published subsequently.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) is instrumental in regulating and overseeing the security of maritime transport and offshore facilities in Australia. Section 13(1) of the Act allows the Regional Director to revoke and declare security regulated ports. In the present case, the Regional Director, Michael William Rowe, has revoked the previous declaration of the Port of Eden as a security regulated port and has made a new declaration under section 13(1) (M01534). The new declaration specifies the area of the port intended for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The geographical boundaries of the Port of Eden, as delineated in the attached map and descriptions, are critical to this new declaration. The Act imposes several obligations and requirements on the parties and entities governed by it. Firstly, the declaration of the security regulated port boundary necessitates compliance with the security measures prescribed by the Act. This includes adherence to the security protocols and guidelines set forth by the Act for all activities within the declared area. All vessels, personnel, and equipment entering or leaving the port must comply with the security measures to ensure the safety and security of maritime transport and offshore facilities. Additionally, any entity operating within the security regulated port must obtain the necessary permits and clearances as required by the Act. Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in serious legal consequences. The Act includes provisions for both civil and criminal penalties for breaches. Civil penalties may include fines up to a specified maximum amount, while criminal offences can lead to imprisonment. The severity of the penalty often depends on the nature and extent of the breach. For instance, wilful or negligent actions that result in significant security risks may attract higher penalties. It is essential for all parties to understand and adhere to the requirements of the Act to avoid these potential consequences.

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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.