Notice of Revocation of Security Regulated Offshore Facility – Apache Energy Limited – Ocean Legend

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the need for heightened security measures in the maritime transport and offshore facilities sectors. This legislation was introduced to fill a significant gap in security protocols, ensuring that maritime and offshore operations are safeguarded against potential threats such as terrorism and piracy. The Act empowers the relevant authorities to implement and enforce security regulations on designated offshore facilities and operations, thereby enhancing the overall security framework of Australia’s maritime industry. The policy objective of the Act is to protect critical maritime infrastructure, thereby contributing to national security and economic stability by ensuring the safe and secure operation of maritime transport and offshore facilities.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to offshore facilities and their operators within the Commonwealth of Australia, including its territorial waters and the Australian exclusive economic zone. Specifically, the Act governs the security measures and regulatory framework for offshore facilities, ensuring that these installations are adequately protected against security threats. The Act encompasses entities that operate offshore facilities, such as Apache Energy Limited, and requires them to comply with stringent security regulations. The revocation of the declaration of Apache Energy Limited’s ‘Ocean Legend’ as a security regulated offshore facility, as noted in the Gazette, signifies the cessation of specific regulatory oversight previously imposed under the Act. The revocation also removes Apache Energy Limited from their role as the designated operator of the security regulated offshore facility. This legislative action underscores the dynamic nature of security regulations, which can be adapted based on changing circumstances or assessments of risk. The Act extends its application through subordinate instruments, which provide detailed regulations and guidelines for compliance, ensuring that security measures are effectively implemented and enforced across the offshore sector.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) establishes a framework for the security of maritime transport and offshore facilities, with specific provisions outlined in sections 17B and 17C. These sections empower the Regional Director, Transport Security Operations, to revoke the declaration of an offshore facility as a security regulated facility, as well as the designation of an offshore facility operator, when certain criteria are met. In this instance, the declaration for Apache Energy Limited’s ‘Ocean Legend’ as a security regulated offshore facility, and the designation of Apache Energy Limited as the facility operator, have been revoked as per the Notice issued. The Act imposes several obligations on the parties involved. The operator of a security regulated offshore facility, in this case Apache Energy Limited, must ensure compliance with the security requirements set forth by the Act. This includes implementing appropriate security measures to protect the facility against potential threats and regularly reviewing and updating these measures as necessary. The Regional Director, Transport Security Operations, has the authority to monitor and enforce these obligations, including the ability to revoke designations if the operator fails to meet the prescribed standards. Breaches of the Act can result in significant consequences. Under section 30 of the Act, any person who contravenes the Act may be liable to a civil penalty of up to $132,000 for an individual or $660,000 for a body corporate. Additionally, the revocation of the security regulated status and operator designation can lead to the cessation of certain operations, as the facility will no longer be subject to the stringent security regulations outlined in the Act. Such revocations highlight the serious nature of non-compliance and the potential for significant repercussions for any party failing to meet the Act’s requirements.