Notice of Declaration of Security Regulated Port - Port of Wyndham

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

Legislation au C2013G01124 In force Gazette

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MO1104

 

Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – PORT OF WYNDHAM

 

 

I, BRIAN RANKIN, Ag 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 Wyndham published in the Gazette (No. S189, 04 June 2004) on Line no. 5 of Column A (the port) and shown on the map identified as 5, Port of Wyndham’ on page 9; and

 

DECLARE that the area of the port of Wyndham 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:    7 June 2013

 

 

 

 

Brian Rankin

Delegate of the Secretary of the

Department of Infrastructure and Transport

 

 

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 Port of Wyndham

State: Western Australia

Map Number: Geocat 70160

 

The Security Regulated Port of Wyndham is all of that area of land and water in the State of Western Australia contained within and bounded by a line commencing at a point on the open-water edge of the mangroves on the western coastline of the West Arm  of  Cambridge  Gulf,  Western  Australia,  nearest  to  the  point  of  latitude 15º 27’ 50.38” south, longitude 128º 03’ 43.85” east;

 

thence generally northerly along the open-water edge of mangroves for a distance of approximately 18 kilometres, crossing the mouths of all confluent watercourses, to its intersection with the southerly prolongation of the alignment of two channel markers either side of the mouth of Forrest River near Laffan Point, nearest to the point of latitude 15º 18’ 42.24” south, longitude 128º 03’ 53.04” east;

 

thence north-north-easterly along the alignment of those two channel markers across Forrest River for a distance of approximately 1.2 kilometres to its intersection with the open-water edge of mangroves of the north side of that river nearest to the point of latitude 15º 18’ 04.97” south, longitude 128º 04’ 05.99” east;

 

thence  generally  north-easterly  along  the  alignment  of  the  open-water  edge  of mangroves  on  the  western  coastline  of  the  West  Arm  of  Cambridge  Gulf  for  a distance of approximately 3.6 kilometres to a point on that edge of mangroves near Pender  Point  nearest  to  the  point  of  latitude  15º 16’ 54.70”  south,  longitude 128º 05’ 36.82” east;

 

thence easterly along the geodesic line across that West Arm of Cambridge Gulf for a distance of approximately 3.5 kilometres to a point on the open-water edge of the mangroves on the eastern coastline of the West Arm of Cambridge Gulf nearest to the point of latitude 15º 16’ 54.71” south, longitude 128º 07’ 34.95” east;

 

thence  generally  southerly  along  that  edge  of  mangroves  on  that  coastline  for  a distance  of  approximately  19  kilometres,  crossing  the  mouths  of  all  confluent watercourses, to a point on the open-water edge of the mangroves approximately 30 metres north of the northern edge of the jetty to the Wyndham Wharf nearest to the point of latitude 15º 26’ 58.27” south, longitude 128º 06’ 08.36” east;

 

thence  inland  south-easterly  along  the  unfenced  geodesic  line  for  a  distance  of approximately 55 metres to the point of intersection of the northern side of the jetty with the security fence near the eastern end of the jetty nearest to the point of latitude

15º 26’ 59.52” south, longitude 128º 06’ 09.66” east;

 

thence   southerly   along   the   unfenced   geodesic   line   for  a total   distance   of approximately 500 metres to the point of intersection of the southern side of the southern access jetty to Wyndham Wharf with the security fence near the eastern end of  that  jetty  nearest  to  the  point  of  latitude  15º 27’ 15.42”  south,  longitude 128º 06’ 06.28” east;

 

thence   south-westerly   along   the   unfenced   geodesic   line   for   a   distance   of approximately  40  metres  to  a  point  on  the  open-water  edge  of  the  mangroves approximately 30 metres south of the southern edge of the southern jetty to Wyndham

Wharf nearest to the point of latitude 15º 27’ 16.20” south, longitude 128º 06’ 05.15” east;

thence generally southerly along that edge of mangroves for a distance of approximately 1.2 kilometres to a point nearest to the point of latitude 15º 27’ 41.52” south, longitude 128º 05’ 59.60” east;

thence westerly along the geodesic line across that West Arm of Cambridge Gulf for a distance of approximately 4 kilometres to the point of commencement.

 

Notes:

1. Unless otherwise stated, all coordinates are in reference to the WGS 84 geodetic datum.

2. In the event that a point of latitude and longitude which is stated to lie on the edge of mangroves is found to lie on the landward or seaward side of the edge of mangroves, the point is to be regarded as being the point on the edge of mangroves closest to that point of latitude and longitude.

3. Unless stated otherwise, the Security Regulated Port described above includes all water and land inside the area and excludes all private or recreational wharves and jetties.

4. Unless otherwise stated the lines between coordinates are geodesic lines.

5. 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.

6. This description and the associated map have been compiled from information provided by the Office of Transport Security, Department of Infrastructure, Transport, Regional Development and Local Government in January 2010.

 

 

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for enhanced security measures in Australia's maritime transport and offshore facilities, thereby safeguarding the nation's maritime borders against potential security threats. This Act was passed by the Parliament of Australia with the primary policy objective of ensuring that maritime activities and offshore facilities are secure from acts of piracy, terrorism, and other unlawful acts that could compromise national security. By establishing stringent security regulations and protocols, the Act aims to protect Australia's maritime interests and maintain the safety and security of its waters. In a specific instance, the Act has been used to declare and manage security regulated ports. For example, a Notice was published in the Gazette in June 2013, revoking the previous declaration of the Port of Wyndham as a security regulated port and re-declaring it under new boundaries and conditions. This action was taken by Brian Rankin, acting as a delegate of the Secretary of the Department of Infrastructure and Transport, ensuring that the port's security measures align with the Act's provisions. The detailed boundary description provided in the Notice, along with the associated map, outlines the specific areas within the port that are subject to the Act's security regulations.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) applies to designated security regulated ports in Australia, with the primary aim of enhancing the security of maritime transport and offshore facilities. The Act specifies the criteria and procedures for declaring a port as a security regulated port and outlines the responsibilities of port authorities, ship operators, and other relevant entities to ensure that appropriate security measures are in place. The Act applies to both Commonwealth and state ports and covers a range of activities, including the movement, loading, unloading, maintenance, and provisioning of security regulated ships. The Act’s geographic reach is national, encompassing all ports in Australia that meet the criteria for designation as a security regulated port. The Act allows for the exclusion of private or recreational wharves and jetties from the designated port area. The application and enforcement of the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, issued by the relevant authorities. These instruments provide additional details on the implementation of security measures and the specific requirements for port operators and other stakeholders.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains several key provisions regarding the declaration and management of security regulated ports. Section 13(1) of the Act allows for the declaration of specific areas as security regulated ports, which are intended for use in connection with the movement, loading, unloading, maintenance, or provisioning of security regulated ships. This particular notice (C2013G01124) revokes the previous declaration of the Port of Wyndham and establishes new boundaries for the area designated as a security regulated port. This new area is defined by specific geographic coordinates and descriptions provided in the notice and the accompanying map, which should be referred to for detailed boundary information. Under the Act, parties and entities governed by it are required to comply with the security regulations set out for these designated areas. This includes adhering to any security measures, protocols, and requirements specified by the Office of Transport Security, Department of Infrastructure and Transport, or other relevant authorities. Compliance with these regulations is essential to ensure the safety and security of maritime transport and offshore facilities within these ports. The obligations imposed include maintaining the security of the port area, reporting any security incidents, and ensuring that all activities within the port are conducted in accordance with the established security measures. Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in various civil and criminal consequences. For instance, breaches of the security regulations can lead to fines and penalties as stipulated in the Act. Specifically, individuals or entities found guilty of contravening the Act may face substantial financial penalties. The exact amount of the penalties is not explicitly stated in the notice but is determined based on the severity of the breach and other relevant factors. Additionally, more severe breaches might also result in criminal charges, potentially leading to imprisonment, depending on the nature and impact of the offence. The notice serves as a formal declaration and reminder of the serious implications of non-compliance with maritime security regulations.

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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.