As of 30 June 2016, port service providers in Australian ports will no longer need to have maritime security plans as part of their operating framework. This change will apply to all port service providers, including lighter, barge, line handling, pilotage and tug operators. The current requirement for all ports, port facilities, ships and offshore facilities to have security plans will continue.
The Maritime Transport and Offshore Facilities Act 2003 (Cth) sets out minimum maritime security measures required to be put in place by persons engaged in maritime activities, aimed at preventing unlawful interference with port, maritime transport and offshore oil and gas facilities. The primary requirement is for all such participants to have in place a written maritime, ship or offshore security plan, which must meet certain criteria contained in the Regulations.
Previously, Regulations were passed which extended the requirement to have a maritime security plan to all port service providers. However, following a recent review and industry feedback, the Department of Infrastructure and Regional Development has concluded that the risk of unlawful security interference in the operations of port service providers is negligible. Further, the Department has concluded that the current regime for port, port facility, ship and offshore facilities to have in place maritime security plans is sufficient to cover off the activities of port service providers, who will continue to fall under the umbrella of those third party maritime security plans when conducting relevant activities.
As a result, port service providers will be excused from the requirement to have in place their own maritime security plans. The new laws will come into force on 30 June 2016.
Port service providers will still need to inform themselves of the content of the maritime, port and/or offshore security plans that will apply to their operations and ensure that they continue to comply with those requirements, failing which service agreements and/or licences may be able to be terminated. Given that port service providers will now only be indirectly governed by the security plans of third parties, port service providers should conduct an audit of the security plans which apply to their operations and of their compliance with those terms.
Our Transport team can help conduct a maritime security plan compliance audit before the new laws come into force.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
