Notice of Revocation of Security Regulated Offshore Facility - Crystal Ocean

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 for maritime transport and offshore facilities. The Act was introduced to fill the gap in existing legislation by providing a comprehensive framework to safeguard these critical infrastructures against potential threats, including acts of terrorism, piracy, and other security risks. The policy objective of the Act is to ensure the protection of maritime transport and offshore facilities, thereby contributing to the overall security of Australia’s maritime borders and the safety of its waters. In accordance with the Act, the Department of Infrastructure and Regional Development, through its delegate, has the authority to declare certain offshore facilities as security regulated, subject to specific criteria and conditions. However, this authority also extends to the revocation of such declarations when circumstances change or when it is deemed necessary for the protection of national security. The revocation of the declaration for the offshore facility Crystal Ocean, as evidenced by the 2014 Notice, exemplifies the Act's flexible approach in managing and responding to evolving security needs. This Notice, published in the Commonwealth of Australia Gazette, highlights the government's commitment to maintaining the highest standards of maritime and offshore security.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to offshore facilities that are classified as security regulated, which includes offshore oil and gas facilities such as the Crystal Ocean. The Act extends to the entire Commonwealth of Australia, ensuring a consistent approach to maritime and offshore security across the nation. The Act mandates stringent security measures to protect these facilities from potential threats, thereby safeguarding both the environment and human life. The Act applies to the entities responsible for the operation and maintenance of these facilities, ensuring that they comply with the prescribed security regulations. The revocation of the security regulated status of Crystal Ocean, as noted in the Gazette, signifies a change in the facility's classification, which may be due to various factors such as operational changes or security assessments. The revocation is effective from the date of publication in the Gazette, and any subsequent changes or reclassifications will also be communicated in a similar manner. Exclusions or exemptions from the Act's provisions are typically detailed within the Act itself or through subordinate instruments, which may further define the scope and application of the security regulations.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003, under subsection 17B(1), provides the authority for the revocation of a security regulated offshore facility. In this case, the declaration of Crystal Ocean as a security regulated offshore facility has been revoked, as published in the Gazette on 21 September 2005 (No. S162). The facility, previously listed in Column A as an offshore oil and gas facility, is now delisted and no longer subject to the security regulations specified by the Act (section 17B(1)). This revocation notice, issued by Beverley Hazel Sewell, Acting Regional Director, Transport Security Operations, Office of Transport Security, officially removes Crystal Ocean from the register of security regulated offshore facilities, effective from the date of its publication in the Gazette, 21 July 2014. The Act imposes several obligations on parties or entities involved with offshore facilities. Under section 17A, entities must comply with security regulations and submit necessary documentation to maintain the status of a security regulated offshore facility. The revocation notice implies that Crystal Ocean failed to meet the required standards or that there has been a change in circumstances necessitating the revocation. Entities must ensure they remain in compliance with all security provisions to avoid such revocations (section 17A). This includes maintaining updated security measures and reporting any significant changes to the relevant authorities. Failure to comply with the security regulations can result in various consequences as outlined in the Act. Section 17E stipulates that an entity found in breach of the security regulations may be subject to civil or criminal penalties. Civil penalties can include substantial fines, as specified under section 17G, which may amount to up to $11,100 for individuals and significantly higher for corporations. Additionally, criminal offences under section 17F can lead to imprisonment for up to two years for individuals and greater penalties for corporate entities. These provisions underscore the seriousness with which the Act treats non-compliance with offshore facility security regulations.