Notice of Declaration of Security Regulated Port - Port of Yampi Sound - Cockatoo Island

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

Legislation au C2012G00293 In force Gazette

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Maritime Transport and Offshore Facilities Security Act 2003

 

Notice of declaration of security regulated port – PORt of yampi Sound – cockatoo island

 

I, STEVEN ROWSON, 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 Yampi Sound – Cockatoo Island as published in the Gazette (No. S 189, 4 June 2004) on Line no. 34 of Column A (the port) and shown on the map identified as ‘34. Port of Yampi Sound – Cockatoo Island’ on page 38; and

 

DECLARE that the area of the port of Port of Yampi Sound – Cockatoo Island 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:   9   November 2012

 

 

 

 

 

Steven Rowson

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.

SECURITY REGULATED PORT BOUNDARY DESCRIPTION

 

Description of Port of Yampi Sound (Cockatoo Island)

State: Western Australia

Map Number: 70416

 

The Security Regulated Port of Yampi Sound (Cockatoo Island) is all of that area of land and water contained within and bounded by a line commencing at a point on the high water mark of the southern coastline of Cockatoo Island closest to latitude 16º 05’ 06.40” south, longitude 123º 35’ 03.07” east;

 

thence generally south-easterly along that high water mark of the southern coastline of Cockatoo Island for approximately 4 kilometres to the point on that high water mark closest to latitude

16º 06’ 02.29” south, longitude 123º 36’ 41.47” east;

 

thence north-easterly inland onto Cockatoo island for a distance of approximately 35 metres along an unfenced line on the south-eastern side of the ore concentrate shed and western side of the ore loading wharf to a point at latitude 16º 06’ 01.31” south, longitude 123º 36’ 42.05” east;

 

thence south-easterly along an unfenced line for a distance of approximately 400 metres on the north-east of the ore loading wharf to the point at latitude 16º 06’ 07.27” south, longitude 123º 36’ 54.03” east,

 

thence south-westerly along an unfenced line for a distance of approximately 25 metres to the point on the high water mark of the coastline of Cockatoo Island to the east of the ore loading wharf closest to latitude 16º 06’07.99” south, longitude 123º 36’ 53.60” east;

 

thence generally south-easterly along that high water mark for a distance of approximately 1 kilometre to the point on that high water mark closest to latitude 16º 06’ 19.76” south, longitude 123º 37’ 16.46” east,

 

thence south-westerly to a point in Yampi Sound at latitude 16º 06’ 47.67” south, longitude 123º 37’ 00.47” east;

 

thence north-westerly to a point in Yampi Sound at latitude 16º 05’ 35.78” south, longitude 123º 34’ 46.23” east,

 

thence north-easterly 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.

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 information provided in April 2010 by the Office of Transport Security, Department of Infrastructure, Transport, Regional Development and Local Government and the Western Australian Land Administration Authority.

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the need for security regulation in maritime transport and offshore facilities, particularly in response to increasing threats to maritime security and the need to align Australian laws with international standards. The Act aims to prevent unauthorised acts of violence against offshore facilities and ships that could endanger the safety of people or the environment, and to facilitate the enforcement of international maritime security measures within Australian jurisdiction. This legislative framework was introduced to ensure that Australia's maritime and offshore sectors are adequately protected against security risks, thereby maintaining the integrity and safety of these critical areas. The Act empowers the relevant authorities to designate specific areas as security regulated ports, enforce security measures, and respond to security incidents effectively.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to the regulation of security in maritime transport and offshore facilities within Australia. This Act extends to security regulated ports, which are defined as areas intended for use in connection with the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The Act applies to any person or entity conducting activities within these designated security regulated ports, ensuring compliance with specified security measures. Jurisdictionally, the Act operates under the Commonwealth of Australia, with its provisions extending to all maritime and offshore facilities across the nation. The Act also allows for the declaration and revocation of security regulated ports through subordinate instruments, enabling the government to adjust port classifications as needed to enhance maritime security. Exclusions or exemptions from the Act are limited, as it primarily targets activities directly associated with maritime transport and offshore facilities. This legislation is critical for maintaining the security and safety of Australia's maritime infrastructure, ensuring that stringent security protocols are followed to protect against potential threats.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) outlines provisions for the declaration and regulation of security regulated ports. Section 13(1) of the Act allows the Regional Director of Transport Security Operations to revoke and declare security regulated ports, as demonstrated in the notice issued on 9 November 2012. This notice revokes the previous declaration for the Port of Yampi Sound – Cockatoo Island, published in the Gazette (No. S 189, 4 June 2004), and re-declares it as a security regulated port. The new declaration specifies the area of the port intended for the movement, loading, unloading, maintenance, or provisioning of security regulated ships, as outlined in the attached map and descriptions. The Act imposes obligations on various parties and entities within the declared security regulated port. These obligations include adherence to security measures and protocols established under the Act to safeguard against potential threats. Entities operating within these ports must comply with security plans approved by the Director and may be subject to inspections and audits to ensure compliance. Additionally, personnel working within these ports must meet specified security clearance and training requirements to maintain a secure environment. Breach of the provisions under the Act can lead to significant consequences. The Act includes provisions for both civil and criminal penalties. Civil penalties can be imposed for non-compliance with security requirements, and may include fines up to a maximum of $22,200 for individuals and $111,000 for corporations, as per the Act’s penalty units. Criminal offences under the Act can result in more severe penalties, including imprisonment. For example, knowingly or recklessly contravening the Act can lead to a fine of up to $333,000 for individuals and $1.67 million for corporations, or imprisonment for up to 10 years, or both. These penalties reflect the importance of stringent compliance with maritime security regulations to protect national interests and ensure public safety.

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