Notice of Declaration of Security Regulated Port – Port of Townsville

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

Legislation au C2014G01774 In force Gazette

Legislation content

NTC-4638

Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – Port of Townsville

 

 

I, ROGER VAUGHAN LONIE, 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  Port of Townsville published in the Gazette C2013G01459, 27 September 2013; and

 

DECLARE that the area of the port of Port of Townsville 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:   24 October 2014

 

 

 

 

Roger Lonie

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

The Security Regulated Port of Townsville is that area of land and water contained within and bound by a line commencing at point 19° 15' 1.203" S, 146 49 48.577E (S.01)

 

   East (approx. 60m) along fence to point on edge of the wharf at the point closest to

19° 15' 1.157" S and 146° 49' 50.069" E (S.13);

   South for a distance of 12m following the fence line to north side of the  wharf backing land behind to the point closest to 19° 15' 1.495" S and 146° 49' 49.873" E (10.26);

   SE for a  distance  of  9m along the fence-line  to  the point  closest to 19° 15'

1.599" Sand 146° 49' 50.174" E (10.27);

   SWW for a  distance  of  162m along  the fence-line separating wharf backing land wharf to  the point  closest  to 19° 15' 6.542" S and 146° 49' 48.275" E (10.28);

    SW for a distance of 13m to the point closest to 19° 15' 6.744" S and 146° 49'

47.879" E (S.14);

    W for a distance of 3m to the point closest to 19° 15' 6.767" S and 146° 49' 47.773" E (S.15);

    S for a distance of 20m following the west side of the building to the corner at the point between second floor aero-bridge and building closest to 19° 15' 7.366" S and

146° 49' 47.953" E (S.16);

    WSW for a distance of 26m across the second floor aero-bridge to the point closest to 19° 15' 07.365" S and 146° 49' 47.964" E (S.17);

    NNW for a distance of 3m across the ground floor of the cruise terminal to the point closest to 19° 15' 7.498" S and 146° 49' 47.069" E (S.18);

    WSW for a distance of 10m across the ground floor of the cruise terminal building to the point closest to 19° 15' 7.578" S and 146° 49' 46.721" E (S.19);

    NNW for a distance of 4m across the ground floor of the cruise terminal building to the point closest to 19° 15' 7.462" S and 146° 49' 46.688" E (S.20);

    WSW for a distance of 5m across the ground floor of the cruise terminal building to the point closest to 19° 15' 7.419" S and 146° 49' 46.858" E (S.21);

    NNW for a distance of 10m across the ground floor of the cruise terminal building to the point closest to 19° 15' 7.117" S and 146° 49' 46.767" E (S.22);

    WSW for a distance of 4m across the ground floor of the cruise terminal building to the point closest to 19° 15' 7.148" S and 146° 49' 46.651" E (S.23);

    NNW for a distance of 7m across the ground floor of the cruise terminal building to the point closest to 19° 15' 6.924" S and 146° 49' 46.588" E (S.24);

    WSW for a distance of 11m across the ground floor of the cruise terminal building to the point closest to 19° 15' 7.018" S and 146° 49' 46.207" E (S.25);

    SSE for a distance of 5m across the ground floor of the cruise terminal building to the point closest to 19° 15' 7.160" S and 146° 49' 46.245" E (S.26);

    WSW for a distance of 17m across the ground floor of the cruise terminal building to the point closest to 19° 15' 7.314" S and 146° 49' 45.669" E (S.27);

    WSW for a distance of 27m across the ground floor of the cruise terminal building to the point closest to 19° 15' 8.125" S and 146° 49' 45.326" E (S.28);

    ENE for a distance of 78m across the ground floor of the cruise terminal building, up & over the aero-bridge to the second floor the berth 10 facilities, to the ground floor of berth 10 backing land point closest to 19° 15' 7.474" S and 146° 49' 47.925" E (10.31);

    SSE for a distance of 7m following the fence-line to the point 19° 15' 7.685" S and

146° 49' 47.996" E (10.32);

   East for a  distance of  12m along the fence-line to the point closest to 19° 15'

7.622" S and 146° 49' 48.414" E (10.33);

 South for a distance  of 7m along the fence-line to the point closest to 19° 15' 7.841"

 

 

 

 

S and 146° 49' 48.458" E (10.34);

 SW for a distance of 9m along the fence-line to the point closest to 19° 15' 8.111" S

and 146° 49' 48.364" E (10.35);

 SE for a distance of  22m along the fence-line to the point closest to 19° 15' 8.341" S and 146° 49' 49.066" E (10.36);

 NNE for a distance  of 14m along the fence-line to the point closest to 19° 15' 7.944" S and 146° 49' 49.227" E (10.37);

 SE for a distance of 35m along the fence-line to the point closest to 19° 15' 8.318" S

and 146° 49' 50.353" E (10.38);

   SW for a distance of 4m along the fence-line to the point closest to 19° 15' 8.415" S

and 146° 49' 50.319" E (10.39);

   ESE for a distance of 13m across the gateway to the secondary wharf to the point closest  to  19° 15' 8.543" S and  146° 49' 50.701" E (10.40)  where  the secondary wharf intersects with the revetment:

   East (approx. 210m) along mean high-water spring mark to intersection with fence closest the point 19° 15' 9.498" S, 146° 49' 53.409" E (9.01).

 East then north (approx. 116m) along southern and eastern edge of fence

to intersection with western face of wharf closest the point 19° 15' 7.433" S,

146°49', 54.904" E (9.02).

 East (approx. 44m) along northern face of  building to point  closest to 19°  15'

8.807" S and 146° 49' 55.822" E (8.13)

 South (approx. 30m) along south-eastern face of building to point closest to 19° 15'

8.611" S and 146° 49' 55.137" E (8.14)

 West (approx. 20m) along front of building to point closest to 19° 15' 10.888" S and

146° 49' 54.312" E (8.16)

 South-West (approx. 76m) along fence-line to point closest to 19° 15' 9.651" S and

146° 49' 53.868" E (8.17)

 East (approx. 35m) along fence-ling to point closest to 19° 15' 9.033" S and 146° 49'

54.075" E (8.18)

 South then east (approx. 174m) along mean high-water spring mark to intersection with fence closest the point 19° 15' 9.133" S, 146° 49' 59.716" E (S.02).

 East then north (approx. 188m) along the southern then eastern edge of fence to edge of wharf closest the point 19° 15' 4.084" S, 146° 50' 2.196" E (7.01).

 South then east (approx. 388m) along north face of wharf then east face of wharf then mean high-water spring mark to intersection with fence closest the point 19°15' 8.686" S, 146° 50' 3.976" E (4.02).

 East then north (approx. 64m) along southern and eastern edge of fence to intersection with western face of concrete kerb closest the point 19°

15' 8.018" S, 146° 50' 5.010" E (4.03).

 North  then  west  (approx.  41m)  along  western  face  of  concrete  kerb  to intersection with southern face of building closest the point 19° 15' 6.764" S,

146° 50' 5.462" E (4.04).

 West (approx. 7m) along southern face of building to south-west corner of building closest the point 19° 15' 6.693" S, 146° 50' 5.250" E (4.05).

 North (approx. 26m) along western face of building and eastern edge of fence to intersection with southern face of low block wall closest the point 19° 15'

5.895" S,146° 50' 5.549" E (4.06).

   East (approx. 7m) along low block wall to intersection with fence closest the point

19°15' 5.969" S, 146° 50' 5.774" E (4.07).

   North (approx. 26m) along western edge of fence to gate post closest the point 1

15' 5.176" S,146° 50' 6.038" E (4.08).

 North (approx. 28m) along line painted on deck to intersection with western edge

 

 

of fence closest the point 19° 15' 4.304" S, 146° 50' 6.359" E (4.09).

 North (approx. 23m) along western edge of fence to intersection with line painted on deck closest the point 19° 15' 3.649" S, 146° 50' 6.597" E (4.10).

 North (approx. 34m) along line painted on deck to intersection with northern face of wharf closest the point 19° 15' 2.595" S, 146° 50' 6.982" E (4.11).

 North (approx. 40m) along western face of wharf to intersection with fence closest the point 19°15' 1.378" S, 146° 50' 7.427" E (4.01).

 East then north then west (approx. 158m) along southern, eastern and northern edge of fence to south-west corner of building closest the point 1

15' 2.494" S,146° 50' 11.106" E (3.04).

 North then east (approx. 10m) along outer face of building to intersection with fence closest the point 19° 15' 2.388" S, 146° 50' 11.311" E (3.05).

 North then east (approx. 34m) along eastern and southern edge of fence to intersection with western face of building closest the point 19° 15'

2.060" S,146° 50' 12.048" E (3.06).

   North then east then south (approx. 16m) along face of building to intersection with fence closest the point 19° 15' 2.183" S, 146° 50' 12.490" E (3.07).

   North (approx. 207m) along eastern edge of fence to southern end of security gate closest the point 19° 14' 57.269" S, 146° 50' 14.217" E (3.08).

 North then east (approx. 22m) along eastern edge of security gate then western face of building then northern face of building to southern end of security gate closest the point 19°14' 57.005" S, 146° 50' 14.683" E (3.01).

 North then west (approx. 311m) along eastern and northern edge of fence to intersection with western face of wharf closest the point 19° 14' 51.220" S, 14

50' 11.602" E (S.03).

 North (approx. 221m) along southern and eastern edges of fence to north-west corner of building closest the point 19° 14' 45.750" S, 146° 50' 13.987" E (2.01).

 North (approx. 98m) along eastern edge of fence from north-west corner of building, intersection with western face of wharf closest the point 19° 14'

43.735" S, 146° 50' 13.456" E (S.04).

 North (approx. 12m) along western face of wharf to intersection with fence closest the point 19°14' 43.361" S, 146° 50' 13.554" E (S.05).

 East (approx. 3m) along western face of wharf to intersection with fence closest the point 19° 14'43.425" S, 146° 50' 13.623" E (1.31).

 North (approx. 5m) along eastern edge of fence to intersection with south- west corner of building closest the point 19° 14' 43.275" S, 146° 50' 13.667" E (1.32).

 North (approx. 3m) along western face of building to intersection with eastern face of wharf closest the point 19° 14' 43.179" S, 146° 50' 13.704" E (1.33).

 North-west (approx. 16m) along eastern face of wharf to intersection with southern edge of walkway closest the point 19° 14' 42.826" S,

146° 50' 13.322" E (1.34).

 East (approx. 11m) along southern edge of walkway to southern end of security gate closest the point 19° 14' 42.808" S, 146° 50' 13.704" E (1.35).

 North (approx. 1m) along eastern edge of security gate to northern edge of walkway closest the point 19° 14' 42.778" S, 146° 50' 13.703" E (1.01).

 North-east (approx. 27m) across surface to point on boundary of Lot 601 on

EP1802 closest the point 19° 14' 42.302" S, 146° 50' 14.486" E (S.06).

 South-east (approx. 86m) along boundary of Lot 601 on EP1802 to point closest the point 19° 14'43.987" S, 146° 50' 16.840" E" E (11.14).

 South-east (approx. 18m) along boundary of Lot 601 on EP1802 to point closest

 

the point 19° 14'44.345" S, 146° 50' 17.341" E (11.01).

   South-east (approx. 92m) along boundary of Lot 601 on EP1802 to point closest the point 19°4'46.145" S, 146° 50' 19.854" E (S.07).

   North (approx. 360m) to point 19° 14' 34.417" S, 146° 50' 19.976" E (S.08).

 North-west (approx. 247m) to point 19° 14' 27.193" S, 146° 50' 16.276" E (S.09).

   North-west (approx. 120m) to point 19° 14' 24.959" S, 146° 50' 12.902" E (S.10).

   South-west (approx. 1317m) to point 19° 15' 0.108" S, 146° 49' 47.081" E (S.11).

   South-west (approx. 334m) to point 19° 15' 1.217" S, 146° 49' 47.913" E (S.12)

 

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Australian Parliament to address the need for enhanced security measures in maritime transport and offshore facilities to protect against acts of terrorism and other security threats. This Act was introduced to establish a regulatory framework to ensure that adequate security measures are in place to safeguard ships, offshore installations, and ports from potential security risks. The enactment of this legislation reflects the policy objective of securing Australia's maritime domain, thereby protecting national interests, ensuring the safety of individuals, and maintaining the integrity of the country's maritime infrastructure.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to the security regulated port of the Port of Townsville, encompassing all areas of land and water within its defined boundaries, which are specifically detailed in the Gazette. The Act governs the conduct, transactions, and entities involved in the movement, loading, unloading, maintenance, or provisioning of security regulated ships within this designated port area. This Act applies at a Commonwealth level and specifically pertains to the Port of Townsville, Queensland. The Act does not explicitly state any exclusions or exemptions; however, its application can be modified through subordinate instruments. This legislative measure aims to ensure that the security regulations for maritime transport and offshore facilities are stringently enforced within the designated port area, thereby safeguarding national security interests.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) mandates that certain maritime areas be designated as security regulated ports to ensure the security of ships and facilities involved in maritime transport. Section 13(1) of the Act empowers the Acting Regional Director to declare or revoke such designations. In the notice under consideration, Roger Vaughan Lonie, Acting Regional Director, Transport Security Operations, has revoked the previous declaration of the Port of Townsville as a security regulated port, which was announced in Gazette C2013G01459 on 27 September 2013, and has now re-designated the area of the Port of Townsville as a security regulated port. This new designation includes specific boundaries defined by a series of coordinates and distances along the port's infrastructure, as outlined in the notice. Under the Act, the obligations imposed on parties and entities within a security regulated port are primarily aimed at enhancing security measures. These obligations include the implementation of security assessments and plans, adherence to security level requirements, and compliance with any additional measures prescribed by regulations. Port operators, ship operators, and other relevant entities must ensure that their operations within the security regulated port align with the provisions of the Act and any related regulations. This involves establishing and maintaining security measures that are proportionate to the identified risks and threats to maritime transport and offshore facilities. Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in both civil and criminal penalties. Section 26 of the Act stipulates that a person who contravenes the Act may be liable for a civil penalty. The maximum penalty for such a contravention can be significant, reflecting the importance of compliance with maritime security regulations. Additionally, in cases of serious or repeated breaches, criminal charges may be pursued. Under section 27, individuals found guilty of an offence under the Act can be subject to imprisonment, with the maximum penalty depending on the severity of the offence. The Act also provides for enforcement actions by authorised officers, who may take measures to ensure compliance, including the power to issue infringement notices for less severe breaches.

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