NTC-27900
Maritime Transport and Offshore Facilities Security Act 2003
NTC-27900 - DECLARATION OF SECURITY REGULATED PORT – PORTS OF PORTS OF PORT ADELAIDE, PORT LINCOLN, PORT PIRIE, PORT GILES, WALLAROO and THEVENARD
I am a Delegate of the Secretary of the Department of Home Affairs. Under subsection 13(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act), I:
REVOKE:
- Notice NTC-25908 which declared the Port of Port Adelaide as a security regulated port as published in the Gazette (C2023G01254, 14 December 2023);
- Notice NTC-10643 which declared the Port of Port Lincoln as a security regulated port as published in the Gazette (C2016G00548, 27 April 2016);
- Notice NTC-10642 which declared the Port of Port Pirie as a security regulated port as published in the Gazette (C2016G00547, 27 April 2016);
- Notice NTC-10644 which declared the Port of Port Giles as a security regulated port as published in the Gazette (C2016G00549, 27 April 2016);
- Notice NTC-10646 which declared the Port of Wallaroo as a security regulated port as published in the Gazette (C2016G00551, 27 April 2016),and
- Notice NTC-10645 which declared the Port of Thevenard as a security regulated port as published in the Gazette (C2016G00550, 27 April 2016); and
DECLARE that the area of the ports of:
- Port of Port Adelaide - Maps 1 to 8;
- Port of Port Lincoln - Maps 9 to 10;
- Port of Port Pirie - Maps 11 to 13;
- Port of Port Giles - 14 to 15;
- Port of Wallaroo - Maps 16 to 17; and
- Port of Thevenard - Maps 18 to 19
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 maps, to be security regulated ports.
This Notice commences upon publication in the Gazette.
Michaela Featherstone
Acting Assistant Director, Regulatory Operations
Cyber and Infrastructure Security Centre
Delegate of the Secretary of the Department of Home Affairs
24 January 2025
Note:
- Gazette means the Commonwealth of Australia Gazette
- This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette
Port of Port Adelaide Map 1 of 19
Port of Port Adelaide Map 2 of 19
Port of Port Adelaide Map 3 of 19
Port of Port Adelaide Map 4 of 19
Port of Port Adelaide Map 5 of 19
Port of Port Adelaide Map 6 of 19
Port of Port Adelaide Map 7 of 19
Port of Port Adelaide Map 8 of 19
Port of Port Lincoln Map 9 of 19
Port of Port Lincoln Map 10 of 19
Port of Port Pirie Map 11 of 19
Port of Port Pirie Map 12 of 19
Port of Port Pirie Map 13 of 19
Port of Port Giles Map 14 of 19
Port of Port Giles Map 15 of 19
Port of Wallaroo Map 16 of 19
Port of Wallaroo Map 17 of 19
Port of Thevenard Map 18 of 19
Port of Thevenard Map 19 of 19
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for stringent security measures in maritime transport and offshore facilities in Australia, particularly in response to growing concerns about maritime terrorism and other security threats. This Act was introduced by the Parliament of Australia, with the primary policy objective of enhancing the security of maritime transport and offshore facilities to protect Australia's national interests, economy, and citizens. In accordance with the Act, this legislative instrument serves to revoke previous declarations that designated certain ports as security regulated ports and to re-declare specific areas within these ports for security regulation, ensuring continued protection against potential security threats in these critical maritime zones.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to a range of persons and entities involved in maritime transport and offshore facilities within Australia, encompassing ships, offshore facilities, and individuals or companies operating within these sectors. The Act specifically addresses security measures to protect against acts of interference that could compromise the safety and security of maritime transport and offshore facilities. Its jurisdictional reach is national, governing activities across the Commonwealth of Australia. Notably, the Act delineates certain ports as "security regulated ports" where stringent security measures are mandated. The recent gazette notice revokes the security-regulated status of several ports, including Port Adelaide, Port Lincoln, Port Pirie, Port Giles, Wallaroo, and Thevenard, while simultaneously declaring specific areas within these ports as security regulated based on their use in maritime activities. This reclassification ensures that security protocols are applied where necessary, adapting to the evolving security landscape. The Act’s application may be further detailed or modified through subordinate legislation, which can specify additional security requirements or adjustments to the scope of regulated areas.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) sets out the requirements for the security of maritime transport and offshore facilities. In the recent notice NTC-27900, the Delegate of the Secretary of the Department of Home Affairs revoked previous declarations that several South Australian ports were security regulated ports. Specifically, the revocations apply to the Ports of Port Adelaide (NTC-25908), Port Lincoln (NTC-10643), Port Pirie (NTC-10642), Port Giles (NTC-10644), Wallaroo (NTC-10646), and Thevenard (NTC-10645). These revocations mean that the previous security regulations that applied to these ports are no longer in effect.
Despite these revocations, the same notice declares that certain areas within these ports are now designated as security regulated ports. This designation applies to areas used for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The specific areas affected are detailed in maps attached to the notice, which show the boundaries of the newly designated security regulated ports. For instance, the Port of Port Adelaide has areas defined in Maps 1 to 8, the Port of Port Lincoln in Maps 9 to 10, and so forth for the other ports.
Entities and individuals operating within these newly designated security regulated port areas must adhere to the security measures outlined in the Act. This includes implementing measures to protect against threats to maritime transport and offshore facilities, ensuring that all activities within these areas comply with the Act's requirements. Entities must also ensure that their employees or agents are aware of and comply with these security provisions.
Failure to comply with the Act's security requirements can lead to significant consequences. Under the Act, non-compliance can result in both civil and criminal penalties. Civil penalties can include fines up to a substantial amount as specified under the Act. Additionally, criminal offences may arise, leading to fines and potential imprisonment. The precise penalties depend on the nature and severity of the breach, but the Act provides a clear framework for enforcement to ensure the security of maritime transport and offshore facilities is maintained.