REC158-3424

That legislation is prepared by the Department of Transport to ensure marine emergency management arrangements are clarified and provide:
• declaration of emergency management roles and responsibilities in the relevant marine legislation;
• appointment of the Director of Marine Safety as the nominated marine safety authority to ensure ports have appropriate marine emergency management arrangements and meet standards and guidelines, as determined by the nominated marine safety authority;
• a requirement for port/channel managers to prepare and maintain a whole of port emergency management plan;
• implementation of the marine emergency management arrangements into the whole of port emergency management plan;
• identification of relevant port stakeholders in the marine emergency management arrangements and participation by identified stakeholders in marine emergency management planning, preparation, response and recovery;
• a requirement for port/channel managers, in conjunction with emergency services, to utilise and maintain a declared asset system, and that this be integrated into the marine emergency management arrangements;
• that the nominated marine safety authority has the power, where appropriate, to direct the Level 1 declared port assets identified in the declared asset system, to support the response to an emergency (this excludes Police and emergency services resources);
• that where the declared port assets are utilised under the direction or authority of the nominated marine safety authority, indemnity is provided to the nominated marine safety authority, person or persons and the owners and operators of the resources subject to direction;
• that the nominated marine safety authority has the power to intervene, where appropriate, to ensure ports and the marine sector respond appropriately to a marine emergency;
• introduction of penalty clauses for non-compliance against legislative and performance requirements;
• revision of legislation to clarify and enhance the statutory functions of Harbour Masters into the Marine Act, noting that under the existing provisions of the Marine Act, the Director of Marine Safety may delegate appropriate powers to Harbour Masters.