House debates

Tuesday, 11 November 2008

Transport Security Amendment (2008 Measures No. 1) Bill 2008

Second Reading

7:08 pm

Photo of Chris TrevorChris Trevor (Flynn, Australian Labor Party) Share this | Hansard source

I rise to speak on the Transport Security Amendment (2008 Measures No. 1) Bill 2008, which amends the Maritime Transport and Offshore Facilities Security Act 2003 and the Aviation Transport Security Act 2004. This bill will clarify that regulated industry participants may hold more than one approved security plan or program at the same time. This bill will also recognise the validity of all existing plans held prior to the commencement of this bill.

The Transport Security Amendment (2008 Measures No.1) Bill 2008 will make further amendments to the Maritime Transport and Offshore Facilities Security Act 2003 by: allowing for maritime, ship and offshore security plans to be approved for less than the current five-year period but no less than 12 months; enable regulations to be made to prescribe mapping standards for maritime security zones and security regulated port boundaries and standards for the presentation of information detailing offshore security zones; insert a definition of ‘Australia’ to clarify that the operation of the Maritime Transport and Offshore Facilities Security Act 2003 extends to external Australian territories such as Norfolk Island and to ensure terms and definitions are used consistently throughout the Maritime Transport and Offshore Facilities Security Act.

Under the Maritime Transport and Offshore Facilities Security Act 2003 certain maritime industry participants are required to have approved maritime security plans. Similarly, the Aviation Transport Security Act 2004 requires certain aviation industry participants to have approved transport security programs. As currently drafted in both acts it is unclear whether industry participants may hold more than one approved plan at any one time. This can be problematic given that many industry participants, especially within the maritime industry, conduct multiple operations. A stevedoring company, for example, may operate at several different ports around Australia.

Take, for another example, the port of Gladstone, in my electorate of Flynn, where I live, which is located 525 kilometres north of Brisbane. The port is just south of the Tropic of Capricorn. Gladstone port has a naturally deepwater harbour; protected waters sheltered by harbour islands; stable weather patterns; an abundance of nearby available land for industrial development; a nearby hinterland rich with natural resources, linked by an efficient transport network; abundant energy sources, including coal, natural gas and water; and is a short sailing time of 10 to 12 days to the Asia-Pacific region. The port is a convenient point for the worldwide distribution of the wealth of Central Queensland. Rail links to the rich hinterland to the west of the city provide access to the coalmining, agricultural and pastoral areas of the Callide-Dawson valleys, Central Highlands and Bowen Basin. The port also serves important regional mineral and timber resources.

The port’s facilities cater for the import of raw material and the export of finished product associated with major industries in the region. Multi-user facilities cater for the export of the region’s coal, mineral and agricultural resources. The Queensland government has earmarked the port of Gladstone as Australia’s future major industrial centre for the 21st century. The port already plays a vital role in the economy of the region, state and Australia. The port faces a bright future, with its 50-year strategic plan forecasting an ultimate port shipping capacity of more than 300 million tonnes per annum.

Gladstone Ports Corporation is unique among Australian port authorities as it not only conducts the functions of a ‘landlord’ port authority but also owns and operates cargo-handling facilities in the port. The Gladstone Ports Corporation Port of Gladstone’s operations include but are not limited to: operating bulk loading facilities at RG Tanna coal terminal and Gladstone Port Central—Auckland Point and Barney Point, operating Gladstone Marina and Auckland Inlet facilities, quarrying and land reclamation and leasing port lands. The Gladstone Ports Corporation was established to manage and operate effective and efficient port facilities and services in the port of Gladstone and Port Alma. It is a corporatised entity with shares held equally by the Deputy Premier, Treasurer and Minister for Transport, Trade, Employment and Industrial Relations on behalf of the Queensland government.

The Gladstone Ports Corporation self-funds its operations and capital works programs through day-to-day activities and borrowings. The Gladstone Ports Corporation plays an integral role in planning the future of the port of Gladstone and Port Alma. In consultation with the community, industry and government, they have undertaken a strategic approach to planning, setting the vision and direction for the port of Gladstone and Port Alma in both the short and the long term.

The port of Gladstone can accommodate vessels of up to 220,000 deadweight tonnes and Port Alma shipping terminal, due to its sheltered location, can only take vessels of up to 180 metres in length. Each year more than 1,200 vessels visit the port of Gladstone, with over 50 visiting Port Alma shipping terminal. The Gladstone Ports Corporation manages and operates the port of Gladstone, including the Gladstone Marina and its recreational parklands and Port Alma shipping terminal. The port of Gladstone is Queensland’s largest multi-commodity port, housing the world’s fourth largest coal export terminal. Port Alma shipping terminal facilitates the import and export of niche market products including ammonium nitrate, explosives, general cargo, salt, frozen beef, tallow and scrap metal. Both ports are secure and sheltered. The Port Alma shipping terminal is located 62 kilometres east of Rockhampton on the southern tip of the Fitzroy River delta. The port’s storage land totals 140 hectares and is situated at nearby Bajool, approximately 20 kilometres from the shipping terminal along the Bruce Highway.

The effect of the amendments will clarify that the port may hold more than one plan at the same time, with the approval of the secretary of the department. The amendments will also provide legal certainty to the validity of all multiple existing plans held prior to the enactment of the bill. The regulatory frameworks for both the maritime and the aviation security regimes centre on the development of preventive security plans or programs. The plans and programs set out security measures and procedures to be implemented to safeguard against acts of unlawful interference with maritime and aviation transport.

It is common for industry participants to operate at more than one geographical location, especially in the maritime industry. As I said earlier, presently it is not clear whether the maritime or aviation security acts allow for industry participants to hold more than one security plan or program. To remove all doubt, the bill will clarify in the relevant maritime and aviation legislation that industry participants may hold different security plans or programs for each location or operation, with the approval of the secretary of the department. The amendments also ensure that the operation of the Maritime Transport and Offshore Facilities Security Act 2003 and the Aviation Transport Security Act 2004 in their current forms do not prevent maritime or aviation industry stakeholders from operating one or more maritime or offshore security plans or aviation transport security programs at the same time.

The measures in this bill are an example of the continued and successful cooperation between the Department of Infrastructure, Transport, Regional Development and Local Government and Australia’s maritime, offshore and aviation industry stakeholders. It is a relationship based on consultation and cooperation. The amendments provide greater clarity and certainty for industry participants. The bill increases flexibility for industry participants in their approach to implementing their security obligations and enhances current measures in both maritime and aviation security acts to deliver effective security outcomes now and into the future.

I commend this bill to the House and I congratulate the Rudd Labor government for its leadership on this issue.

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