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Legal Powers for Protection of Offshore Critical Infrastructure

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Legal Powers for Protection of Offshore Critical Infrastructure UNCLASSIFIED Legal powers for protection of offshore critical infrastructure CMDR Ian Campbell RAN Feet Legal Officer Fleet HQ Apr 19 UNCLASSIFIED UNCLASSIFIED Brief will cover • Introduction • Australian context • What critical infrastructure do we have • Legal powers – specific legislative powers • Conclusion • Questions UNCLASSIFIED UNCLASSIFIED Introduction • Australian context – Australia is made up of six States and two (onshore) self governing territories. – The States and Territories have their own system of government and are responsible for law enforcement within their jurisdictions. – The Federal Government has primary responsibility for offshore/domestic maritime security arrangements and response, although there is some shared responsibility for the adjacent State or Territory, particularly within the territorial sea. UNCLASSIFIED UNCLASSIFIED Types of offshore infrastructure • Could include: • Oil and gas exploration/processing/storage facilities • Pipelines supplying oil and gas from the above facilities to onshore processing and storage plants • Submarine (communication) cables • Military/defence/national security facilities • Oil and gas discharge facilities • Airport and associated facilities UNCLASSIFIED UNCLASSIFIED Australian offshore area of interest The AO includes the Australian coastline, Australia's offshore territories, the Australian Fishing Zone, the Australian Exclusive Economic Zone and adjacent areas. This amounts to over 36,000 kilometres of coastline and a total marine area exceeding 10 million square kilometres. UNCLASSIFIED UNCLASSIFIED Area of interest Rescue Region) Security Forces Authority Area (Search and Rescue Region) Offshore infrastructure UNCLASSIFIED UNCLASSIFIED Primary agency in Australia for offshore security Maritime Border Command (MBC) MBC is a multi agency standing task force, principally Australian Border Force and the ADF, along with other Cth and some State agencies. Maritime Border Command is the Australian Government's lead organisation for security in the offshore maritime domain. UNCLASSIFIED UNCLASSIFIED MBC - overview Deter, prevent, detect and respond to civil maritime security threats Maritime Border Command uses an intelligence-led, risk-based approach to combat the civil maritime security threats within the Australia's maritime domain. Dedicated Intelligence Centre collects, processes, integrates, evaluates, analyses and interprets information and intelligence to generate civil maritime domain awareness. We use surveillance and identification systems such as the Australian Maritime Identification System (AMIS) to detect, risk assess and track vessels operating in or approaching our maritime zones. UNCLASSIFIED UNCLASSIFIED AMIS - MDA • Operated by the MBC • AMIS provides whole of government MDA by bringing together all shipping data available to Australian Federal agencies including the Australian Defence Force, intelligence agencies, law enforcement (including the Australian Federal Police), immigration, maritime safety and fisheries agencies. • AMIS applies a risk assessment algorithm/assessment approach to identify potential threats by identifying anomalies in the normal operating environment UNCLASSIFIED UNCLASSIFIED Surveillance Assets ABF AIRCRAFT AUSTRALIAN MARITIME IDENTIFICATION SYSTEM DEFENCE AIRCRAFT REGIONAL FORCES SURVEILLANCE GROUP ABF HELICOPTERS SATELLITE SURVEILLANCE UNCLASSIFIED UNCLASSIFIED Response Assets ABF / RAN Cape Class ABFC Ocean Shield RAN Armidale Class ADV Ocean Protector ABFC Thaiyak Plus other ADF assets that are force assigned when required. UNCLASSIFIED UNCLASSIFIED Threats that could impact upon offshore infrastructure • Piracy, robbery and violence at sea • Specific attacks on critical infrastructure, vessels, commercial interests • Terrorism related threats • Activities in vicinity of infrastructure that could adversely impact upon the facilities/pipelines/submarine cables etc UNCLASSIFIED UNCLASSIFIED Submarine -communication cables • Cyber highways • More than 98-9% of voice and data communications travel via submarine cables. Data travels at around the speed of light – so this is a very efficient means of transmitting large volumes of data • Submarine cables represent critical communications infrastructure, as they form the backbone of the Internet and global e-commerce • Multi-trillions of dollars of commerce related transactions are transmitted via submarine cables every year. Some estimates put the figure at USD10 trillion per day! • Submarine cables are also critical from a national security and defence perspective • Submarine cables are vulnerable to damage (deliberate or unintentional) – especially in more shallow waters UNCLASSIFIED UNCLASSIFIED Legislation applying in the offshore • Maritime Powers Act 2013 (Cth) • Crimes (Ships and Fixed Platforms) Act 1992 (Cth) • Telecommunications Act 1997 (Cth) • Submarine Cables and Pipelines Protection Act 1963 (Cth) • Maritime Transport and Offshore Facilities Security Act 2003 (Cth) • Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) • Crimes at Sea Act 2000 (Cth) • Defence Act 1903 (Cth) Note – additional Acts apply in the offshore however, these are not directly relevant to offshore facilities or infrastructure. UNCLASSIFIED UNCLASSIFIED Legal powers • Maritime Powers Act 2013 (Cth) – this is the principal maritime security enforcement act in Australia. • Authorises the exercise of maritime powers by maritime officers (including ADF members) in vessels, aircraft, land as well as in relation to ‘installations’ (which include artificial islands, installations or structures as defined in Article 60 of the United Nation Convention of the Law of the Sea (10 December 1982). • Provides for a range of powers regarding the exercise of powers in relation vessels, aircraft and installations. (s 34). • Can be utilised to for contravention and compliance purposes – For instance to take enforcement action against persons or vessels who have committed offences against other Commonwealth Acts. • Facilitates information sharing between agencies, including overseas agencies/organisations. • Provides for the use of reasonable and necessary force. Lethal force only in self defence. UNCLASSIFIED UNCLASSIFIED Legal powers • Telecommunications Act 1997 (Cth); submarine cables are dealt with extensively under Sch 3A. – Under this Act various law enforcement actions are possible when certain offences (including damaging cables or engaging in other prohibited activities) with respect to submarine cables are committed. UNCLASSIFIED UNCLASSIFIED Cable Protection Zones in Australia There are three submarine cable protection zones in Australia: • Two off the east coast (Sydney) protecting the Southern Cross Cable—which links Australia’s communications network with New Zealand, Fiji and the United States; and the Australia Japan Cable—which links Australia with Guam, Japan and Asia • One off the West Coast (Perth) protecting the SEA-ME-WE3 cable UNCLASSIFIED UNCLASSIFIED Legal powers • Submarine Cables and Pipelines Protection Act 1963 (Cth). – Applies to submarine cables and pipelines beneath the high seas and in Australian EEZ but not those covered by the Telecommunications Act, Sch 3A. – This Act provides for various offences of breaking and injuring cables and pipelines. UNCLASSIFIED UNCLASSIFIED Legal powers • Maritime Transport and Offshore Facilities Security Act 2003 (Cth). – applies to an ‘offshore facility’, which is a facility located in the offshore area used in the extraction of petroleum from the seabed or its subsoil with equipment on, or forming part of, the facility and includes (a) any associated or incidental structure (b) any vessel associated or incidental to such activities. • This Act does not apply to a pipeline which is beneath the low water mark. • An ADF member can be appointed as an authorised officer under the act (s 148). An authorised officer may exercise certain ‘inspection’ powers under ss 148 and 148A with respect to ships and facilities. UNCLASSIFIED UNCLASSIFIED Legal powers • Crimes (Ships and Fixed Platforms) Act 1992 (Cth); prevention of unlawful acts against private ships, and more relevantly, artificial islands, installations or structures permanently attached to the seabed for the purpose of explorations for, or exploitation of, resources or for other economic purposes. – This Act also gives domestic effect to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (10 March 1988) and Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (10 March 1988). – Under this Act, a ship’s master (defined in Act and does not include a ship that is a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state) is permitted to take immediate action to prevent unlawful acts against their ship and deliver the offender(s) to an ‘appropriate authority’. All other provisions about this Act set up offences similar to SUA Convention and Protocol. UNCLASSIFIED UNCLASSIFIED Legal powers • Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) includes provisions for enforcement of a 500 metre safety zone around offshore facilities. – s 616 - a 500 metre safety zone can be proclaimed around a petroleum well, structure, or any equipment by notice published in the Gazette. • All vessels, or all vessels of a particular type can be excluded from the safety zone, and it is an offence of strict liability
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