56
Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 1 Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers Released August 2015

Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 1

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers

Released August 2015

Page 2: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Disclaimer

The Commonwealth Government has prepared this guide with due care. However, the material contained in this guide is made available on the understanding that the Commonwealth Government is not providing professional advice and that users exercise their own skill and care with respect to its use and seek independent advice if necessary.

The Commonwealth Government takes no responsibility for any errors, omissions or changes to the information that may occur and disclaims any responsibility and liability to any person, organisation or the environment in respect of anything done, or omitted to be done, in reliance upon information contained in this guide.

The information contained in this guide is guidance material only. The information in no way overrides Commonwealth or State legislation. Port operators/offshore facility operators/ship operators should refer to the Maritime Transport and Offshore Facilities Security Act 2003 and the Maritime Transport and Offshore Facilities Regulations 2003 before submitting plans for approval.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 2

Page 3: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Introduction

Requirements for Maritime Security Plans for Port Service Providers

In accordance with the Act and the Regulations, port service providers who operate within security regulated ports or port service providers who operate outside security regulated ports for the purpose of forming a ship/port interface between a security regulated ship and a security regulated port are required to submit a maritime security plan for review and approval by the Secretary.

The requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part 3 of the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations). The Regulations for the content of maritime security plans are consistent with the requirements of Regulation 9 of the Safety of Life at Sea Convention 1974 (SOLAS) and the International Ship and Port Facility Security Code 2002 (ISPS code). This guide considers both the maritime security plan requirements for port operators in the Act and in the Regulations.

Maritime Security Outcomes

The Act establishes an outcome based preventive security framework that will enhance Australia's maritime security arrangements. The purpose of completing a maritime security plan is to help meet the maritime security outcomes which include:

1. Fulfilling Australia’s obligations under Chapter XI-2 of the Safety of Life at Sea (SOLAS Conven-tion) and the International Ship and Port Facility Security Code (ISPS Code), including those with regard to the rights, freedoms and welfare of seafarers,

2. Reducing the vulnerability of Australian ships, ports and other ships within Australia to terrorist at-tack without undue disruption to trade;

3. Reducing the risk that maritime transport is used to facilitate terrorist or other unlawful activities; and

4. Ensuring effective communication of security information among maritime industry participants and government agencies.

Subsection 3(5) of the Act provides that it is not the purpose of this Act to prevent lawful advocacy, protest, dissent or industrial action that does not compromise maritime security’.

It should be noted that each maritime security plan submitted for approval must demonstrate an appropriate contribution toward these maritime security outcomes.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 3

Page 4: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Maritime Security Plan Requirements

Division 3.1 of the Regulations contains requirements that must be addressed in all maritime security plans. Division 3.4 of the regulations contains requirements that are specific to maritime security plans for port service providers. Plans that address these requirements will be considered to adequately contribute to the maritime security outcomes.

Port service provider security plans should be developed so as to be consistent with the terminology, definitions and abbreviations as described in section 10 of the Act, Regulation1.03 and the ISPS Code available via the Department’s website.

This guide provides a plan template for port service providers. Port service providers that populate the planning template will be more likely to meet all the requirements of an approved security plan. The sections of the template that require populating are indicated in italics. The information provided in italics describes the type of information required under the assigned subject headings.

It is suggested that port service providers consider:

What information the port service provider wishes to present to the Department in their plan. Who will be covered by the plan and who will use it. Whether the plan to be submitted meets the content and form requirements of the Act and Regu-

lations.

Port service providers may submit maritime security plans to the Secretary and request that their plans be considered for approval. If the Secretary is satisfied that the plan adequately addresses the specific requirements of the Act and Regulations, the Secretary must approve the plan and give the port service provider written notice of approval.

Contact Details

Regulations 3.185 and 3.190 require that maritime security plans are submitted with key contact details in a document accompanying the plan, but not forming part of the plan.

Regulation 3.191 requires the port service provider to notify the Secretary in writing within two working days of changes to contact details.

For further advice on preparing maritime security plans, additional guidance is available from the Department’s website.

Submitting the Template

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 4

Page 5: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Upon completion, submit your Plan electronically (minus these introductory pages) to:

[email protected]

or by mail to:

National Coordinator

Office of Transport Security

GPO Box 1966

CANBERRA ACT 2601

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 5

Page 6: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

The Maritime, Ship and Offshore Security Plan and Security Plan Variation Approval Process

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 5

Page 7: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 6

Page 8: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Contact Details

Note: This document accompanies <insert title of plan>, but is not part of it

Contact Details for <Port Service Provider Name>

Legal Name < Legal Name>

ACN < ACN>

Trading Name < Trading Name>

ABN <ABN>

Physical Address <Physical Address>

Mailing Address (if different) <Mailing Address (if different)>

Business Phone Number <Phone>

Fax Number <Fax>

Email Address <Email>

Chief Executive Officer <Name>

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 6

Page 9: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Port Service Provider Security Officer

<Name or position>

Business Address <Address>

Mailing Address (if different) <Address>

Business Phone Number <Phone>

Mobile Number <Mobile>

Fax Number <Fax>

Email Address <Email>

24 Hour Security Contact Number <Phone>

Contact Details for Port Operator in each Port where the Port Service Provider Operates

Port <Name>

Business Address <Address>

Mailing Address (if different) <Address>

Business Phone Number <Phone>

Fax Number <Fax>

Email Address <Email>

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 7

Page 10: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Contact Details for Port Security Officers in each Port where the Port Service Provider Operates

PSO Name <Name>

Business Address <Address>

Mailing Address (if different) <Address>

Business Phone Number <Phone>

Mobile Number <Mobile>

Fax Number <Fax>

Email Address <Email>

Contact Details for Port Service providers in each Port where the Port Service Provider Operates

Port Service Provider <Name>

Business Address <Address>

Mailing Address (if different) <Address>

Business Phone Number <Phone>

Fax Number <Fax>

Email Address <Email>

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 8

Page 11: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Contact Details for Port Service Providers in each Port where the Port Service Provider Operates

Port Service Provider <Name>

Business Address <Address>

Mailing Address (if different) <Address>

Business Phone Number <Phone>

Fax Number <Fax>

Email Address <Email>

24 Hour Security Contact Number <Phone>

Note: A port service provider must, within 2 working days after the port service provider becomes aware of a change in any of the information given under Regulation 3.185, notify the Secretary, in writing, of the change.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 9

Page 12: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Note: This document accompanies <insert title of plan>, but is not part of it

Port service providers may provide the Secretary information required under Regulation 3.25 in an accompanying document, separate from the plan, which may be varied without the variation process described in section 52A of the Act.

A port service provider required to have a maritime security plan must give to the port operator of the security regulated port in which the provider conducts operations and to each port facility provider conducting operations within the security regulated port:

a) the information set out in regulation 3.185 (including contact details for the PSPSO); and b) the boundaries of the area under the control of the port service provider; and c) details of the vessels operated by the provider (including the name, identification number, type,

date, port of registry, and construction year of each vessel); andd) the measures to be used by the port service provider to inform persons of the location of any port

security zones established within the boundaries of the land under the control of the port service provider; and

e) the measures to confirm the identity of persons who are authorised to have access to the land under the control of the port service provider, to any port security zones established within the boundaries of that land and to vessels operated by the provider.

It is recommended that the information provided to port facility operators and the port operator accompanies the plan. This indicates to the Secretary that the port operator has complied with this requirement and advises the Secretary of the information provided.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 10

Page 13: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Note: This document accompanies <insert title of plan>, but is not part of it

Port service providers may provide the Secretary information required under Regulation 3.12 in an accompanying document, separate from the plan, which may be varied without the variation process described in section 52A of the Act.

Regulation 3.12 requires a port service provider tell Secretary about issuing body for MSICs.

A port operator, port facility operator or port service provider must give the Secretary the follow-ing information in writing:

a) if the operator is not an issuing body, the identity of the person who will issue MSICs for the operator;

b) whether the operator will issue temporary MSICs and, if not, the identity of the person who will issue temporary MSICs for the operator.

2. The operator must notify the Secretary within 7 days if any information given for subregulation (1) is no longer correct.

It is recommended that the information is provided as a document accompanying the security plan. This indicates to the Secretary that the port service provider has complied with the requirements of Regulation 3.12.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 11

Page 14: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Maritime Security Plan

For

<PORT SERVICE PROVIDER NAME>

At

<Port Name>

Date: DD/MM/YYYY

Submitted by [Name of authorised person]

Position [Position]

Signature [Signature]

Date [DD/MM/YY]

Security Classification [Classification]

Revision Number [Revision Number]

Copy Number [Copy Number]

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 12

Page 15: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Contents

Maritime Security Plan............................................................................................................................12

Contents...................................................................................................................................................13

1. Administrative Details......................................................................................................................15

1.1 Authority......................................................................................................................................15

1.2 Document Protection...................................................................................................................15

1.3 Document Control.......................................................................................................................16

2. Scope.................................................................................................................................................17

2.1 Scope of Operations...................................................................................................................17

3. Consultation, Communication, and Coordination........................................................................18

3.1 Port-Wide Communication and Consultation..............................................................................18

3.2 Port Service Provider Employees and Contractors.....................................................................19

3.3 Declaration of Security................................................................................................................19

4. Operation of the Plan.......................................................................................................................20

4.1 Review and Audit........................................................................................................................20

4.1.1 Reviews.............................................................................................................................20

4.1.2 Audits.................................................................................................................................20

4.2 Drills and Exercises.....................................................................................................................21

4.3 Qualifications and Responsibilities.............................................................................................21

4.4 Knowledge and Training.............................................................................................................22

5. Security Measures and Procedures...............................................................................................24

5.2 Security Measures and Procedures............................................................................................25

5.2.1 Maritime Security Level 1...................................................................................................28

5.2.2 Maritime Security Levels 2 and 3.......................................................................................29

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 13

Page 16: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

6. Maritime Security Zones..................................................................................................................32

6.1 Land-side Restricted Zones........................................................................................................33

Attachment 1 - Port Service Provider Security Assessment..............................................................34

Attachment 2 - Security Measures and Procedures............................................................................35

Annex 1 - Declaration of Security (Sample only).................................................................................36

Annex 2- Maritime Security Incident Report Form...............................................................................40

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 14

Page 17: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

1. Administrative Details1.1 AuthoritySection 42 of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) together with regulation 3.175 of the Maritime Transport and Offshore Facilities Regulations 2003 (the Regulations) requires port service providers operating within a security regulated port or port service providers that operate outside a security regulated port for the purpose of ship/port interface between a security regulated ship and a security regulated port to have a maritime security plan.

Port service providers are defined in regulation 1.05of the Regulations to be the following kind of Maritime Industry Participants that provides port services to security regulated ships:

a) lighter operator;b) barge operator;c) line handling boat operator;d) pilotage service operator; ande) tug operator.

This section of the plan must outline who has authorised the maritime security plan on behalf of the port service provider. It may also include the organisation’s security policy. The intention is to demonstrate that the organisation supports the implementation of this plan. The plan must be submitted for approval to the Secretary of the Department of Infrastructure and Transport (the Department) with the authority of the port service provider.

1.2 Document Protection1

Objective: The effective protection of the maritime security plan from unauthorised disclosure..

Regulation 3.210 (j) requires port service providers explain how they will ensure the security of the information contained in the plan. This section should refer to the security classification of the document and to specific procedures to be taken to prevent unauthorised access, amendment and disclosure of

1 The requirements in this section are consistent with the requirements of Section 16.3 (11) of Part A of the ISPS code: ‘measures to ensure the security of the information contained in the plan’.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 15

Page 18: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

the document. This section of a port service provider security plan should address the protection of both physical, and if appropriate, electronic copies of the security plan.

Operators should maintain a record of security plan copies and include a distribution list in the plan.

1.3 Document ControlThe port service provider may wish to include a document control statement in their plan. This may include specific procedures for the revision and update of the plan should modification of the plan be required. The table below can be used to identify particular amendments to the document.

Document Revision Record

Version Section Number(s)

Page Numbers Date of Latest Revision/Variation

Date of Approval

A All All November 2003 NA

1 All All February 2004 30 June 2004

2 All All December 2006 26 January 2007

For un-issued versions and updates, letters A, B, C etc. to be used;

For original issued versions and updates, numbers 0, 1, 2 etc. to be used;

Operators should maintain a record of distribution of the maritime security plan, or may include a distribution list in the plan.

Operators that adopt this document control process should submit the plan revision/variation for approval using the next due version or update (in anticipation of the plan being approved). Plans should not be submitted without a reference to the version/update or draft as appropriate.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 16

Page 19: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

2. Scope 2.1 Scope of OperationsThis section should describe what operations and areas are covered by this security plan.

The security plan should cover those activities that involve ship/port interfaces, For example: transferring a ship’s pilot to a ship about to enter port or connecting of tug boats to a ship in preparation for bringing the ship into berth.

This section must make reference to a map of the area under control of the port service provider. The map, forming part of the plan, should be attached to the plan at Attachment 1.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 17

Page 20: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

3. Consultation, Communication, and Coordination2

Objective: Effective, consultation, communication and coordination of security measures and procedures across the security regulated port..

Regulation 3.215 requires that maritime security plans for port service providers set out a mechanism for consultation:

a) between the port service provider and each port operator for security regulated ports that the port service provider operates.

b) between the port service provider and each port service provider and port service provider con-ducting operations within the security regulated ports that the port service provider operates in.

c) between the port service provider and any other stakeholder who may be affected by the imple-mentation of the plan.

d) between the port service provider and its employees (or their representatives) regarding security measures and procedures to be implemented.

3.1 Port-Wide Communication and ConsultationIt is critical that the operation of the maritime security plan for the port service provider does not hinder or obstruct compliance with another maritime security plan operating within a security regulated port. Maritime security plans for port service providers should compliment the maritime security plan for port operators.

In this section of the plan the port service provider must explain the procedures taken to consult with the other maritime industry participants and stakeholders, within the security regulated port. This could be achieved via participation in a port security committee or other consultative forum prior to the development of individual security plans. Port security committees should include representatives from local police, emergency services and other Australian and State government agencies including the Australian Customs Service and marine authorities.

This section may also be used to outline any mechanisms to consult with the wider community or community groups.

2 This section of the plan will provide information on how the port service provider will contribute to the achievement of the Maritime Security Outcome at section 3(4)(d) of the Act: ‘security information is communicated effectively among maritime industry participants and government agencies with security responsibilities ’.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 18

Page 21: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

3.2 Port Service Provider Employees and ContractorsPort service provider employees and contractors need to assist with the implementation of security measures and procedures. This section of the maritime security plan for port service providers must detail the mechanism by which the port service provider will consult with its employees and contractors regarding security measures and procedures to be implemented.

3.3 Declaration of Security3

The declaration of security (DOS) is an agreement between a port service provider and a ship on the types of security measures and procedures that will be put in place when the ship interfaces with the port service provider. It outlines who has responsibility for providing security measures required under the agreement. The requirements for a DOS can be found in Regulation 3.230.

The information required to be included in a DOS can be found in Regulation 3.230 and includes:

a) the circumstances in which the provider will request a declaration of security with a ship; andb) the procedures for negotiating the security measures and responsibilities of the provider and of

the ship in those circumstances; andc) how security measures identified in a declaration will be implemented to ensure compliance by

the provider and the ship with their security plans and with the declaration.

A template for use to negotiate a DOS between a port service provider and a ship is at Annex 1. The template has been adopted from Part B Appendix 1 of the ISPS code. The DOS template is sample only and may be expanded to meet the requirement s considered appropriate. The template is available from the Department’s website and need not be included with the security plan.

3 This section is consistent with the requirements of section 16.3 (7) of Part A of the ISPS code: ‘procedures for interfacing with ship security activities’.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 19

Page 22: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

4. Operation of the Plan4.1 Review and Audit4

Objective: Effective audit and review procedures that ensure the security measures and procedures are adequate and that the plan has been implemented correctly.

Regulation 3.10 sets out the requirements for security plan audits and security plan reviews. This section should be used to explain how the port service provider will ensure that the plan is effective and adequate and that the plan has been implemented correctly. Plans should also be subject to periodic review in order to ensure that they remain relevant.

4.1.1 Reviews

Maritime security plans for port service provider must include:

The circumstances in which a security plan review will be conducted. This must include after a maritime transport security incident.

Plans should also be subject to periodic review in order to ensure that they remain relevant and adequate.

The procedures for conducting a security plan review. This must include a procedure for consul-tation to be undertaken to ensure security measures and procedures are adequate and the plan appropriately implemented.

External reviews, if applicable, are those conducted by external organisations or consultants on behalf of the port operator.

4.1.2 Audits

A schedule of security plan audits by internal and external auditor needs to be included in this section. Also to be set out are the procedures for conducting a security plan audit, including a process for selecting auditors who are independent of the matters being audited.

It is suggested that for ease of maintaining audit and review procedures that they should be referenced in this section and specific details included at Attachment 4.

4 This section is consistent with the requirements of section 16.3 (8) and (13) of Part A of the ISPS code: ‘procedures for the periodic review of the plan and updating and Procedures for auditing the security plan’.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 20

Page 23: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Note: External reviews are those conducted by external organisations or consultants on

behalf of the port service provider.

4.2 Drills and Exercises5

Regulation 3.210 (f) requires that each maritime security plan for a port service provider include procedures for conducting drills and exercises associated with the plan. The objective of drills and exercises is to ensure that personnel are proficient in all assigned security duties, at all security levels and to identify any security related deficiencies which need to be corrected.*

The procedures should include a timetable of when the drills are to be conducted and how records of the results of drills and exercises will be kept and secured.

Drills should be conducted at least every 3 months to test individual elements of the plan.* Drills may be internal activities for port service provider personnel.

Exercises should be conducted at least once every 12 months Exercises may involve the participation of other regulated security officers and relevant authorities.*

4.3 Qualifications and Responsibilities6

Note: To ensure that port security officers and other security personnel receive appropriate

training and have sufficient knowledge to perform their duties.

A regulation 3.200 and 3.205 requires that a maritime security plan for a port service provider must set out the knowledge. Skills, training or qualifications and other requirements for the port service provider security officer and for port service provider personnel with a responsibility for security.

Regulation 1.30 provides more information on the mandatory duties of port service provider security officers.

5 This section is consistent with the requirements of Part A, subparagraphs B.18.3 and B.18.4 and Part B subparagraphs A.18.4 and A.18.5 and A.18.6 of the ISPS Code.

6 This section is consistent with the requirements of section 16.3 (6) of Part A of the ISPS code: ‘duties of port facility personnel assigned security responsibilities and other personnel on security aspects’.

* These sections are consistent with the requirements of Section 18.5 and 18.6 of Part B of the ISPS code, drills and exercises.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 21

Page 24: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Each maritime security plan for a port service provider must detail the specific duties and responsibilities of the port service provider Security Officer and other security personnel. For example, the duties and responsibilities of any maritime security guards employed or contracted by the port service provider.

A table to record information on the responsibilities of security related positions could be formatted as follows:-

Table 1:

Position Responsibilities

<insert the position title> <insert the responsibilities >

Port Service Provider Security Officer

Refer to regulation 1.30 for mandatory duties

Maritime Security Guards

Security Duty Officer

4.4 Knowledge and TrainingThe port service provider must ensure that personnel with responsibility for security have adequate knowledge, or have received appropriate training to be able to carry out their duties.

Maritime security plans for port service providers must detail for security personnel as per regulations 3.200 and 3.205:

the knowledge, skills and other requirements for the security related aspects of their position; the training or qualifications that satisfy those requirements; and the training that must be given to such personnel.

The table below can be used to record the training requirements for each position.

Table 2

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 22

Page 25: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Position Required Knowledge or Training

<Insert the Position title>

<insert the knowledge and minimum training requirements for the position here

Maritime Security Guards

Knowledge / Skills

Ability to conduct security patrols

Ability to maintain access control points for pedestrians and vehicles

Ability to monitor and control people’s behaviour.

Self defence and restraint skills

Qualifications

Certificate II in Security Operations or appropriate industry equivalent such as state and territory licensing.

Each plan should also include or make reference to a training register to record which staff have received appropriate training or have sufficient knowledge to perform their duties. Details of the training should be documented, as well as how the port service provider has determined they have the required knowledge to undertake their security duties.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 23

Page 26: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

5. Security Measures and Procedures

Note: To secure an understanding of security risks and vulnerabilities and identify possible preventive security measures and procedures to treat risks and vulnerabilities that have been identified.

Each maritime security plan for a port service provider must include a security assessment. The security assessment must be prepared in accordance with regulations 3.05 and 3.195. Section 47(2) of the Act states that a security assessment must take into account any documents required in writing by the Secretary. Port service providers should check the Department’s website for any documents required to be taken into account when completing security assessments.

The Department has developed a Maritime Risk Context Statement to provide the maritime industry sector with information on the maritime strategic risk context and the current security environment in Australia. Port service providers must explicitly consider each of the risks identified in the Maritime Risk Context Statement.

The Maritime Risk Context Statement is available for port service provider by contacting: [email protected]

For further information, refer to Standards Australia and Standards New Zealand’s HB 436, Risk Management Guidelines – Companion to AS/NZS 4360:1999 Risk Management; which updates AS/NZS 4360:1999 and provides greater emphasis on:

the importance of embedding risk management practices in the organisations culture and pro-cesses,

the management of potential gains as well as potential losses;

HB 436 and AS/NZS 4360:1999 are available from www.standards.com.au

The risk management identified in the security assessment should be referred to in security measures and procedures at 5.2 below. The completed security assessment may be included at Attachment 2.

Note: Submissions of revised port service provider plans require the submission of a revised

or reviewed security assessment.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 24

Page 27: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

5.2 Security Measures and Procedures

Objective: To ensure effective measures and procedures to treat security risks and to control access within the security regulated port.

This section must be used to identify each security measure and/or procedure to be implemented under the plan. Specific details of each security measure and/or procedure could be included in Attachment 4: Details of Security Measures and Procedures. It is required that each maritime security plan for a port service provider will include security arrangements to treat a range of different security risks and that individual measures and procedures may address a number of the risks that have been identified by the port service provider.

Where the maritime security plan covers the operations of more than just the port service provider, this section should identify who is responsible for each of the measures and procedures. If responsibility for implementing of a measure or procedure is not clearly identified then the Secretary may request further information from the port service provider. This may cause delays in approving the maritime security plan.

Note:Regulation 3.210 sets out a range of items that must be addressed in each maritime security plan for a port service provider. Some of these items have been addressed in other sections of the plan. However, the items below should be addressed in the ‘Security Measures and Procedures’ part of the plan. Security measures and procedures addressing these items should be listed for maritime security levels 1, 2 and 3.

Regulation 3.210(a)

Measures to prevent the introduction of unauthorised weapons or prohibited items into each security regulated port in which the port service provider is located or operates, or on board ships being served by the provider;

If appropriate, these measures could include but are not limited to:

limiting access to port service provider vessels and access to controlled areas; random checks on cargo to be transferred to a security regulated ship; bag searches of persons when port service providers are transferring persons and baggage to

security regulated passenger ships; and

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 25

Page 28: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

screening and clearing procedures to prevent weapons and prohibited items from transfer onto port service provider vessels.

Regulation 3.210(b)

Measures to prevent unauthorised access to the land under the control of the port service provider, to any port security zones established within the boundaries of that land and to vessels operated by the provider;

If appropriate, these measures could include but are not limited to:

perimeter access control of any land controlled by the port service provider; establishment of land-side security zones to assist in controlling unauthorised access; and procedures for checking the bona-fide of people that wish to enter the port service provider’s area

or vessels.

Regulation 3.210(c)

Procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations of the port service provider;

If appropriate, these procedures could include but are not limited to procedures for the handling of bomb and other threats.

Regulation 3.210(d)

Procedures for responding to any security directions given by the Secretary;

If appropriate, these procedures could include but are not limited to:

management procedures that will be taken to ensure that a security direction is implemented as soon as possible after the direction is given; and

procedures for communicating the security direction to port service provider employees and, where necessary, the public.

Part 2 division 4 of the Act sets out the requirements for the Secretary to give security directions. The security direction may be given directly from the Secretary to the port service provider or may be given to

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 26

Page 29: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

the port operator of the security regulated port who is then required to pass the direction on to the appropriate maritime industry participants within the port which may include the port service provider.

Regulation 3.210(e)

Procedures for evacuation in case of security threats or breaches of security;

This should include reference to a current evacuation plan. The evacuation plan does not need to be included with the security plan.

Regulation 3.210(i)

Procedures for reporting occurrences which threaten the security of the port service provider;

If appropriate, these procedures could include but are not limited to:

procedures for reporting of Security Incidents in accordance with the Act; internal procedures for employees to report security incidents to management or the port service

provider Security Officer; and procedures for raising the awareness of staff of their responsibilities for reporting incidents.

Part 9 of the Act sets out the requirements for reporting maritime transport security incidents (incidents). Port service providers are required under section 175 (4) to report incidents. Section 181 of the Act requires the port service provider to report incidents to the Secretary and where appropriate the port operator or the ship operator or master of the ship.

Guidance on submitting incident reports is available on the Department’s website. Annex 2 contains an example of an incident reporting form. This form is available on the Department’s website and does not need to be included with submissions of security plans.

Regulation 3.210(k)

Measures to ensure the security of cargo and of cargo handling equipment under the control of the port service provider;

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 27

Page 30: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Where the port service provider is involved in moving cargo to and from ships, the security plan should include measures to protect the cargo and the cargo handling equipment.

If appropriate, these measures could include but are not limited to:

security barriers around cargo storage areas; security guard patrols to protect cargo while it is under the control of the port service provider,

and to protect the equipment used by the port service provide; and Closed Circuit TV systems to monitor areas where cargo is stored.

Regulation 3.210(l)

Procedures in case the ship security alert system of a ship is activated while in the security regulated port;

The ship security alert system of a ship may be activated in the event of a security incident occurring on board the ship. This alert will be received by the ship operator and the alert will be passed on to the appropriate authorities in the country where the ship is located.

A port service provider may be asked to assist the authorities in dealing with a ship that has activated its security alert system.

The security plan should include measures to ensure that the port service provider will cooperate with authorities in dealing with this situation.

5.2.1 Maritime Security Level 1

Regulation 3.220 sets out the requirements for measures at maritime security level 1. These measures must include the security measures identified in the security assessment for the operation, for implementation at maritime security level 1.

In this section, each maritime security plan for a port service provider must identify the specific security measures and procedures to be undertaken or implemented by the port service provider for maritime security level 1. Maritime security level 1 measures are those that will be in operation at all times within the port.

The following table gives an example that can be used to record the security measures.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 28

Page 31: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Table3:Security measures and procedures at security level 1

Description of security measure or procedure. Person or organisation with responsibility for implementing the measure or procedure

e.g. Staff security identification e.g., Port service provider security officer

Note: Where implementation of a security measure or procedure includes a shared responsibility, the responsibility of each party should be clearly identified. Written evidence of shared responsibilities, such as memorandums of understandings or contracts should be attached to confirm security arrangements.

This section should also include an implementation timetable to meet the requirements of regulations 3.220 (b),(c) and (d). This table must show which measures and procedures are already in place and if not in place indicate when they will be implemented, and what interim measures will be put in place until they are ready. A sample table for this purpose is provided on page 23. Alternatively, an implementation timetable may be included as an attachment to the plan.

5.2.2 Maritime Security Levels 2 and 3

Regulation 3.225 requires that each maritime security plan for a port service provider include a list of the additional security measures that the port service provider will implement if the Secretary declares that maritime security level 2 or 3 is in force for the security regulated port.

Port service providers should give consideration to the ISPS Code Part B, Sections 16.19 and 16.20 when considering appropriate measures and procedures to implement at security levels 2 and 3.

The following are examples of tables that can be used to record the security measures and procedures.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 29

Page 32: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Table 4: Security measures and procedures at security level 2

Description of security measure or procedure. Person or organisation with responsibility for implementing the measure or procedure

e.g. Limit access to port service provider for non essential personnel,

e.g., Port service provider security officer

Note: Security Level 2 measures or procedures are in addition to all of the measures and procedures in force at security level 1.

Table 5:Security measures and procedures at security level 3

Description of security measure or procedure. Person or organisation with responsibility for implementing the measure or procedure

e.g. Cease operations interfacing with security regulated ships

e.g. Port service provider security officer

Note: Security Level 3 measures or procedures are in addition to all of the measures and procedures in force at security levels 1 and 2.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 30

Page 33: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Table 6: Implementation timetable

Alternatively, an implementation timetable may be included as an attachment to the plan

Security Measure or Procedure

Status (Operational / To be established)

Date of expected implementation

(if status is to be established)

Interim measures/procedures7

Lighting around tug boat berth.

To be established To be in place by September 2008

Additional guard patrols to monitor and deter any unauthorised access. Additional security sweeps of the tug boat prior to leaving the berth.

7 Interim measures must be indicated for all measures and procedures that are to be established. These interim measures and procedures must be in place by the time the plan is sent to the Department.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 31

Page 34: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

6. Maritime Security ZonesMaritime Security Zones are used to subject areas within a security regulated port to additional security requirements. The purposes for which different types of Maritime Security Zones may be prescribed include, but are not limited to, the following:

controlling the movement of people or ships or any other thing within security regulated ports; restricting access to areas within security regulated ports; preventing interference with ships; preventing interference with people or goods that have been, or are to be, transported by ship;

and ensuring the security of areas identified as at being at risk.

Maritime Security Zones are required to be identified through security (risk) assessments undertaken by port service provider during the preparation and development of their maritime security plans.

If a port service provider wants the Secretary to establish a Maritime Security Zone, the maritime security plan for the port service provider must set out:

the purpose for the proposed establishment of the zone; the boundaries of the zone (this should include a written description and a pictorial depiction); if applicable, the period when, or the circumstances in which, the zone is in force; the security measures and procedures to control access into the zone by people, vehicles or

things; steps to inform people that a Maritime Security Zones is in force and that entry into the zone with-

out authority is an offence; and the name or position of the person or persons responsible for the security measures.

Additional to a written description of each maritime security zone at each security level is a map showing the location and boundaries of each security zone at each maritime security level. Map coordinates are to be used where appropriate or necessary. (Maps may be included at Attachment 1)

Sections 102 and 106 of the Act enable the Secretary by written notice, to establish port security zones and ship security zones.

Please note that under regulation 3.25 a port service provider required to have a maritime security plan must give to the port operator, and each port facility operator conducting operations within, the security regulated port:

The information set out in regulation 3.185 (including contact details for the PFSO; and

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 32

Page 35: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

The boundaries of the area under the control of the port service provider; and Details of the vessels operated by the provider (including the name, identification number, type,

date, port of registry and construction year of each vessel); and The measures to be used by the port service provider to inform persons of the location of any

port security zones established within the boundaries of the port facility; and The measures to confirm the identity of persons who are authorised to have access to the land

under the control of the port service provider, to any port security zones established within the boundaries of that land and to vessels operated by the provider.

.

6.1 Land-side Restricted ZonesLand-side Restricted Zones are established by the Secretary and are the responsibility of the port service provider to prevent unlawful interference and control access to an area, to operations and activities that interface with security regulated ships and critical installations.

Land-side Restricted Zones are established relative to maritime security levels. The port service provider must have set out in the maritime security plan measures to be taken at each Maritime Security Level and these measures are usually linked to Maritime Security Zones. The port service provider must set also out the circumstances when the zone comes into force and the period in which it remains in force.

A Land-side Restricted Zone must be established as a static area and must be defined by security barriers or physical features that clearly distinguish the zone to be described within the maritime security plan. Types of security barriers may include fences (permanent or temporary), walls, buildings or similar objects. Security barriers must also provide for access control points to a Land-side Restricted Zone. Types of physical features useful in a description may include the edge of a wharf, edge of a causeway/walkway, dolphins, service deck, pipelines, mean high water mark or similar features. Where it is not possible to follow physical features, a boundary should be placed so as to minimise confusion for the public and MIPs about an area in which additional security requirements apply.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 33

Page 36: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Attachment 1 - Port Service Provider Security AssessmentThe port service provider must complete a security assessment in accordance with the Regulations and must take into account any documents required by the Secretary.

The Secretary has developed a Maritime Risk Context Statement to provide the maritime industry sector with information on the maritime strategic risk context and the current security environment in Australia. Port service providers must explicitly consider each of the risks identified in the Maritime Risk Context Statement.

The Maritime Risk Context Statement is available for port service provider by contacting: [email protected]

For further guidance on the requirements of security assessments, refer to the Maritime Security Assessment Guidance Paper available from the Department’s website.

Note: Submissions of revised port service provider plans require the submission of a revised

or reviewed security assessment.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 34

Page 37: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Attachment 2 - Security Measures and ProceduresFor each of the security measures to be implemented, specific details of the security measure or procedure should be provided. These details may include the physical and or operational requirements of each particular security measure and procedure.

For example, if the security measure to be implemented is for perimeter fencing, the port service provider would describe where the fencing has been or is to be erected and what design is to be used.

This section should be used to describe how the particular security measure or procedure will be carried out. It is entirely appropriate to reference national or international standards, where they exist. Where there is no recognised standard, or the organisation wishes to implement a different approach, this section should include a thorough operational description that shows how the measure or procedure is to be implemented.

Further, where the procedure or measure involves particular qualifications, training or prior knowledge, this section should be used to describe that knowledge, training or qualifications.

For example, a security measure could be the patrol of a port security zone by maritime security guards. The details should include the particular state or territory qualifications for security guards that will be required by the port service provider when hiring them.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 35

Page 38: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Annex 1 - Declaration of Security (Sample only)8

(For use between a ship and port service provider or port service provider)

Note: This template is available from the Department’s website and need not to be included

with the security plan.

Name of Ship: [Name]

Port of Registry: [Port]

IMO Number: [IMO Number]

Name of Port Facility/Port Service Provider: [Name]

This Declaration of Security is valid from …………… until ……………, for the following activities ……………………………………………………

(list the activities with relevant details)

under the following security levels

Security level(s) for the ship: [Security level(s)]

Security level(s) for the port facility/port service provider:

[Security level(s)]

The port facility and ship agree to the following security measures and responsibilities to ensure compliance with the requirements of Australian maritime security legislation.

8 This sample DOS has been adapted from part B, Appendix 1, Pg 99-101 of the ISPS code.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 36

Page 39: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

The affixing of the initials of the SSO or PSPSO under these columns indicates that the activity will be done, in accordance with relevant approved plan, by

Activity The port facility or port service provider:

The ship:

Ensuring the performance of all security duties

Monitoring restricted areas to ensure that only authorised personnel have access

Controlling access to port facility/port service provider

Controlling access to the ship

Monitoring of the ship, including berthing areas and areas surrounding the ship

Handling of cargo

Delivery of ship’s stores

Handling of unaccompanied baggage

Controlling the embarkation of persons and their effects

Ensuring that security communication is readily available between the ship and port facility/port service provider

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 37

Page 40: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

The signatories to this agreement certify that security measures and arrangements for both the port/port service provider and the ship during the specified activities meet the provisions of Australian maritime security legislation and will be implemented in accordance with the provisions already stipulated in their approved plan(s) or the specific arrangements agreed to and set out in the attached annex.

Dated at …………………………………… on the ……………………………………

Signed for and on behalf of

the port facility/port service provider: the ship:

(Signature of Port Facility Security Officer/ Port Service Provider Security Officer)

(Signature of Master or Ship Security Officer)

Name and title of person who signed

Name: Name:

Title: Title

Contact Details

(to be completed as appropriate)

(indicate the telephone numbers or the radio channels or frequencies to be used)

for the port facility/ port service provider: for the ship:

Port Facility/Port Service Provider Master

Port Facility Security Officer/Port Service Provider Security Officer

Ship Security Officer

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 38

Page 41: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Company

Company Security Officer

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 39

Page 42: Department of Home Affairs · Web viewThe requirements for maritime security plans are set out in sections 47, 48 and 49 of the Act and further requirements are reflected in part

Annex 2- Maritime Security Incident Report Form

Note: This template is available from the Department’s website and need not to be included

with the security plan.

Guidance and Template for Preparing a Maritime Security Plan for Port Service Providers, August 2015 40