Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT OF WHYALLA
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 Whyalla published in the Gazette (No. GN 30, 1 August 2012); and
DECLARE that the area of the port of Whyalla 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: 5 June 2014
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
Port of Whyalla
Description of Security Regulated Port Boundary:
In reference to Section 49 of the MTOFSA and Regulation 3.55, the SRP boundary of the Port of
Whyalla incorporates all that area of land and water contained within and bounded by the line
described below.
The SRP begins at a point to the east of the Port of Whyalla Outer Harbour Iron Ore Jetty at approximate coordinates 33° 02'13.72"S, 137° 36'03.19"E.
Thence the boundary runs in a north-north easterly direction (approximately 2 kilometres) to a point
some 600 meters off the coast at approximate coordinates 33° 01'08.79"S, 137° 36'18.30"E thence runs west north west (approximately 600 meters) to a point where the ocean meets the mean high water mark of the Inner Harbour at approximate coordinates 33° 01'04.55"S, 137° 35'59.64"E thence along the mean high water mark (approximately 400 meters) until it meets the edge of the Inner Harbour Blast Furnace Wharf close to coordinates 33° 01'00.10"S, 137° 35'50.02"E.
The boundary then runs in a north easterly direction (approximately 850 meters) following the line of fencing and buildings delineating the perimeter separating the Blast Furnace from the Blast Furnace Wharf until the point where the land meets the mean high water mark at the side of the wharf at approximate coordinates 33° 00'45.70"S, 137° 35'24.83"E thence follows the mean high water mark anti-clockwise surrounding the entire Inner Harbour to a point close to the north westernmost point of the Tailings Dam at approximate coordinates 33° 01'16.57"S, 137° 36'02.02"E thence following the mean high water mark in a generally southerly direction (approximately 1800 meters) to a point approximately 100 meters off the coast at approximate coordinates 33° 02'10.87"S, 137° 35'48.16"E thence running east north east (approximately 400 meters) back to the original SRP boundary starting position at approximate coordinates 33° 02'13.72"S, 137° 36'03.19"E.
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. This legislation was introduced to safeguard against potential terrorist threats and other security risks associated with maritime activities, ensuring that critical maritime infrastructure and operations are protected. The Act aims to establish a regulatory framework for security measures at designated security regulated ports, thereby enhancing the overall security of Australia's maritime domain. This regulatory approach ensures that designated ports and facilities implement appropriate security protocols to mitigate risks and protect against potential threats.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 (MTOFSA) applies to designated security regulated ports within Australia, including the Port of Whyalla as per the notice issued by the Regional Director, Transport Security Operations. This Act governs the security of maritime transport and offshore facilities, and the boundaries of security regulated ports are defined to include areas of land and water used for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The geographic reach of this Act is national, covering all Commonwealth waters and ports designated under the Act. The Act’s application extends to any person or entity involved in the activities specified within these designated port areas, ensuring comprehensive security measures are enforced. Any exclusions or exemptions from the Act's application are determined through subordinate instruments, which may provide further clarification or specific provisions related to particular circumstances or entities. This notice revokes the previous declaration and redefines the Port of Whyalla as a security regulated port, effective from its publication in the Gazette.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (MTOFSA) outlines the legal framework for ensuring the security of maritime transport and offshore facilities in Australia. Section 13(1) of the Act empowers the Regional Director, Transport Security Operations, to declare an area as a security regulated port (SRP). This specific notice under subsection 13(1) revokes the previous declaration of the Port of Whyalla as an SRP and re-declares it, specifying new boundaries as outlined in the attached map and descriptions. These boundaries encompass all land and water within the designated area, critical for activities such as the movement, loading, unloading, maintenance, or provisioning of security regulated ships.
The obligations imposed by the Act on parties and entities governed by it include compliance with the newly declared SRP boundaries, adherence to security protocols, and collaboration with Transport Security Operations to ensure maritime safety and security. Stakeholders such as shipping companies, port authorities, and maritime security personnel must ensure that all activities within the SRP boundaries are conducted in accordance with the security measures prescribed by the Act. This includes implementing security plans, conducting risk assessments, and reporting any security incidents to the relevant authorities.
Failure to comply with the provisions of the MTOFSA can result in serious consequences. Under Section 17 of the Act, a person who contravenes a provision of the Act, whether civil or criminal, is liable for penalties. For civil penalties, the maximum fine can be up to 500 penalty units (approximately AUD 55,000 as of 2023) for individuals and 2,500 penalty units (approximately AUD 275,000) for bodies corporate. Criminal offences under the Act may lead to imprisonment for up to five years. The seriousness of the breach, the intent behind it, and the potential risk it poses to maritime security are key factors in determining the appropriate penalty. Compliance with the Act is essential to prevent any security threats and ensure the smooth operation of maritime transport and offshore facilities within Australia.