Notice of Declaration of Security Regulated Port - Port of Esperance

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

Legislation au C2014G00756 In force Gazette

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M01349

 

Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – PORT OF ESPERANCE

 

 

I, STEVEN ROWSON, 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 Esperance published in the Gazette (No. S 202, 11 June 2004); and

 

DECLARE that the area of the port of Esperance 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 maps and descriptions, to be a security regulated port.

 

This Notice commences upon publication in the Gazette.

 

 

Date:     6   May 2014

 

 

 

 

 

Steven Rowson

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

 

SECURITY REGULATED PORT BOUNDARY DESCRIPTION

 

Description of the Security Regulated Port of Esperance

State: Western Australia

Map Number: EPSL 70166 (As Amended February 2014)

 

The Security Regulated Port of Esperance is all that area of land and water contained within and bounded by a line commencing at the intersection of the security fence approximately 80 metres north-westerly of Berth 1 at the Port of Esperance and the high water mark of the coastline of Esperance Bay in Western Australia nearest to the point of latitude 33° 52’ 13.55” south, longitude 121° 53’ 46.65”east;

 

  • Thence north-north-easterly along the geodesic line to beacon Number 5 marking the boundary of the swing basin at the Port of Esperance nearest to the point of latitude 33° 52’ 00.03” south, longitude, 121° 53’ 52.26”east;
  • Thence east-north-easterly along the geodesic line to beacon Number 3 nearest to the point of latitude 33° 51’ 56.85” south, longitude, 121° 54’ 12.13”east;
  • Thence north-easterly along the geodesic line to beacon Number 1 nearest to the point of latitude 33° 51’ 52.17” south, longitude, 121° 54’ 23.29”east;
  • Thence north- north-easterly along the geodesic line to the south-eastern corner of the mooring dolphin for the tanker mooring nearest to the point of latitude 33° 51’ 18.92” south, longitude, 121° 54’ 33.70”east;
  • Thence easterly along the geodesic line to the point on the high water mark on the western side of Low Rock nearest to the point of latitude 33° 51’ 13.36” south, longitude, 121° 57’ 40.82”east;
  • Thence south-south-easterly along the geodesic line to the point on the high water mark on the western side of Limpet Rock nearest to the point of latitude 33° 52’ 37.53” south, longitude, 121° 58’ 11.72”east;
  • Thence south-westerly along the geodesic line to the point in Esperance Bay of latitude 33° 53’ 36.00” south, longitude, 121° 56’ 24.00”east;
  • Thence west-north-westerly along the geodesic line onshore to the southern-most corner of Lot 1027 on DP 31503, near Dempster Head, nearest to the point of latitude 33° 52’ 42.46” south, longitude, 121° 54’ 02.78”east;
  • Thence generally north-westerly along the south-western boundary of that Lot for a distance of approximately 200 metres to the corner of that Lot nearest to the point of latitude 33°52'35.14" south, longitude 121°54'01.86 at the north eastern corner of the power station security fence;
  • Thence in a southerly direction for 55metres to a point or latitude 33° 52’ 36.51”south, longitude  121° 54’ 00.40”east.
  • Thence following the security fence in a north westerly direction to a gate at point of latitude 33° 52’ 27.32” south, longitude, 121° 53’ 52.02”east and crosses Hughes Road to a point of latitude 33° 52’ 27.10” south, longitude, 121° 53’ 52.44”east;
  • Thence follows the security fence on the northern side of Hughes Road to a point of latitude 33° 52’ 20.03” south, longitude, 121° 53’ 42.39”east where it crosses the CBH exit road in a northerly direction to a point of latitude 33° 52’ 19.51” south, longitude, 121° 53’ 42.63”east;
  • Thence generally north-westerly following the security fence to a location on the southern side of the railway line into the port nearest to the point of latitude 33° 52’ 12.83” south, longitude, 121° 53’ 32.65”east;
  • Thence northerly along the geodesic line across that railway line for a distance of approximately 18 metres to the corner of the security fence nearest to the point of latitude 33° 52’ 12.54” south, longitude, 121° 53’ 32.59”east;
  • Thence easterly following the security fence nearest to the point of latitude 33° 52’ 12.83” south, longitude, 121° 53’ 38.02” east;
  • Thence northerly along that security fence crossing the security gate at Harbour Road for a total distance of approximately 190 metres to the corner of the security fence nearest to the point of latitude 33° 52’ 11.21” south, longitude, 121° 53’ 38.02”east;
  • Thence westerly along that security fence on the northern side of the access road to the port entrance gate for a distance of approximately 40 metres to the corner of that security fence nearest to the point of latitude 33° 52’ 11.22” south, longitude, 121° 53’ 36.47”east;
  • Thence north-north-easterly along that security fence for a distance of approximately 60 metres to its end at its abuttal with the corner of the building nearest to the point of latitude 33° 52’ 09.46” south, longitude, 121° 53’ 37.66”east;
  • Thence initially north-north-easterly but generally easterly along the north-western and north-eastern external walls of that building for a total distance of approximately 62 metres to the corner of that building nearest to the point of latitude 33° 52’ 09.15” south, longitude, 121° 53’ 39.03”east;
  • Thence northerly along the security fence for a distance of approximately 34 metres to the corner of that security fence nearest to the point of latitude 33° 52’ 08.21” south, longitude, 121° 53’ 39.68”east;
  • Thence south-easterly along the security fence for a distance of approximately 47 metres to a point in that security fence nearest to the point of latitude 33° 52’ 08.98” south, longitude, 121° 53’ 40.76”east;
  • Thence south-easterly along the security fence for a distance of approximately 13 metres to a point in that security fence nearest to the point of latitude 33° 52’ 09.30” south, longitude, 121° 53’ 41.07”east;
  • Thence south-easterly along the security fence for a distance of approximately 23 metres to the corner of that security fence nearest to the point of latitude 33° 52’ 09.93” south, longitude, 121° 53’ 41.55”east;
  • Thence north-easterly along the security fence for a distance of approximately 7 metres to the high water mark nearest to the point of latitude 33° 52’ 09.81” south, longitude, 121° 53’ 41.77”east;
  • Thence initially south-south-easterly but generally south-easterly along the high water mark of the rock wall for a total distance of approximately 210 metres 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 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 data captured in February 2010, and sections resurveyed and information provided by Esperance Ports Sea and Land dated February 2014.

 

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for enhanced security measures in maritime transport and offshore facilities, particularly in light of the increasing threats to maritime security. The Act was enacted by the Commonwealth Parliament, aiming to safeguard Australia's maritime borders and critical infrastructure by implementing stringent security protocols. The policy objective of the Act is to ensure that security regulated ports, which are designated areas where security measures are required for ships and offshore facilities, are effectively managed to mitigate risks to national security and public safety. This legislative framework enables the declaration and management of security regulated ports, as evidenced by the recent revocation and re-declaration of the security regulated port of Esperance, to ensure that the necessary security measures are in place to protect against potential threats.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to the port of Esperance in Western Australia, specifically to activities involving the movement, loading, unloading, maintenance, or provisioning of security regulated ships within the designated boundaries of the port. This Act, which is of Commonwealth reach, outlines the regulatory framework for security within maritime transport and offshore facilities, aiming to prevent unauthorised activities that could compromise the security of maritime operations. The Act's application extends to any person or entity involved in activities within the declared security regulated port. The boundaries of this port are meticulously defined, encompassing specific land and water areas, as detailed in the attached maps and descriptions, and exclude private or recreational wharves, jetties, and marinas unless otherwise specified. The Act's provisions can be further elaborated or modified through subordinate instruments, ensuring flexibility in addressing evolving security needs. This declaration is effective from the date of its publication in the Gazette and remains in force until formally revoked and republished.

Key Provisions

Under the Maritime Transport and Offshore Facilities Security Act 2003, section 13(1) empowers the Regional Director of Transport Security Operations to declare a port as a security regulated port, as seen in the Notice revoking the previous declaration for the Port of Esperance and establishing new boundaries for the security regulated port. The Act also includes provisions on how security regulated ports are defined, which is further detailed in the attached maps and descriptions. The Act imposes specific obligations on entities operating within a security regulated port. These include adherence to the security measures and protocols outlined by the Transport Security (Marine) Regulations 2003. This involves the implementation of security assessments, development of port security plans, and ensuring compliance with any additional requirements set by the Secretary. Operators must also maintain the security infrastructure and ensure that personnel are trained in security procedures. Breaching the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in significant penalties. Under section 19 of the Act, an individual or corporation found guilty of an offence can face a fine of up to 200,000 penalty units, which, at the time of writing, equates to approximately AUD 33 million. For corporations, an additional penalty of up to 10,000 penalty units per day may apply for each day the offence continues after it is first committed. These penalties underscore the importance of compliance with the security regulations and the seriousness with which breaches are treated by the authorities.

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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.