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This instrument sets out the detail of three same risk areas for ballast water management requirements for the purpose of subsection 21(2) of the Biosecurity (Ballast Water and Sediments) Determination 2017.
Administered by: Agriculture, Water and the Environment
Registered 16 Oct 2019
Start Date 05 Oct 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Biosecurity (Ballast Water Same Risk Area) Instrument 2017

made under subsection 21(2) of the

Biosecurity (Ballast Water and Sediment) Determination 2017

Compilation No. 1

Compilation date:                              5 October 2019

Includes amendments up to:            F2019N00076

Registered:                                         16 October 2019

 

About this compilation

This compilation

This is a compilation of the Biosecurity (Ballast Water Same Risk Area) Instrument 2017 that shows the text of the law as amended and in force on 5 October 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

Part 2—Same risk areas                                                                                                                               2

4............ Victoria—Port Phillip.................................................................................................... 2

5............ Queensland—Great Barrier Reef................................................................................... 2

6............ South Australia—Spencer Gulf and St Vincent Gulf.................................................... 2

7............ Northern Territory......................................................................................................... 3

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8

 


Part 1Preliminary

  

1  Name

                   This instrument is the Biosecurity (Ballast Water Same Risk Area) Instrument 2017.

3  Authority

                   This instrument is made under subsection 21(2) of the Biosecurity (Ballast Water and Sediment) Determination 2017.

Part 2Same risk areas

  

4  Victoria—Port Phillip

                   The area of Port Phillip, Victoria, landward of the geodesic between the easternmost point of Point Lonsdale at low water and the westernmost point of Point Nepean at low water is specified.

5  Queensland—Great Barrier Reef

                   The area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table is specified.

 

Queensland—Great Barrier Reef

Item

Description

1

The westernmost intersection of the mean low water line of the mainland of Australia around Thud Point, Queensland, by the parallel of latitude 13°00′00″S

2

West along that parallel to its intersection by the outer limit of the territorial sea of Australia

3

Generally northerly along that outer limit to its intersection by the parallel of latitude 10°00’00”S

4

East along that parallel to its intersection by the outer limit of the territorial sea of Australia

5

Generally southerly and south‑easterly along that outer limit to its intersection 12 nautical miles north of the territorial sea baseline across Hervey Bay by the meridian of longitude 152°39’00”E

6

South along that meridian to its intersection by the parallel of latitude 24°46’00”S

7

West along that parallel to its intersection by the mean low water line of the mainland of Australia around South Head, Bundaberg, Queensland

8

Generally north‑westerly, northerly, north‑westerly and southerly along that mean low water line to the starting point

Note:          Geographic coordinates in this instrument are expressed in terms of the Geocentric Datum of Australia 1994 (commonly known as GDA94).

6  South Australia—Spencer Gulf and St Vincent Gulf

                   The area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table is specified.

 

South Australia—Spencer Gulf and St Vincent Gulf

Item

Description

1

The southernmost intersection of the low water line around Cape Catastrophe, South Australia, by the meridian of longitude 136°00’00”E

2

South along that meridian to its intersection by the outer limit of the territorial sea of Australia

3

Generally south‑easterly, easterly and north‑easterly along that outer limit to its intersection by the meridian of longitude 138°52’00”E

4

North along that meridian to its intersection by the low water line of the mainland of Australia

5

Generally westerly, northerly, north‑easterly, northerly, north‑westerly, southerly, south‑westerly, north‑easterly, easterly, northerly, and south‑westerly along that low water line to the starting point

Note:          Geographic coordinates in this instrument are expressed in terms of the Geocentric Datum of Australia 1994 (commonly known as GDA94).

7  Northern Territory

             (1)  The area bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table (other than the areas excluded by subsection (2)) is specified.

 

Northern Territory

Item

Description

1

The northernmost intersection of the coastline of the mainland of Australia by the border between the Northern Territory and Western Australia at the mean low water line of the mainland of Australia, specifically the meridian of longitude 129°00′01.659560″E

2

North‑east along the geodesic to the point 14°37′24.910000″S 129°01′49.380000″E

3

North‑west along the geodesic to the point 14°32′24.910000″S 129°01′19.380000″E

4

North‑west along the geodesic to the intersection of the meridian of longitude 128°57′11.629000″E by the outer limit of the territorial sea of Australia

5

Generally northerly, easterly, southerly, westerly, southerly, and south‑easterly along that outer limit to its intersection by the meridian of longitude 138°07′33.574000″E

6

South‑west along the geodesic to the point of intersection of the border between the Northern Territory and Queensland by the mean low water line of the mainland of Australia

7

Generally north‑westerly, north‑easterly, westerly, south‑easterly, westerly and south‑westerly to the starting point

Note:          Geographic coordinates in this instrument are expressed in terms of the Geocentric Datum of Australia 1994 (commonly known as GDA94).

             (2)  For the purposes of subsection (1), the following areas are excluded:

                     (a)  the area of the Port of Darwin declared to be a security regulated port by the Notice of Declaration of Security Regulated Port—Port of Darwin published in the Gazette on 27 April 2018;

                     (b)  the area of Port of Gove declared to be a security regulated port by the Notice of Declaration of Security Regulated Port—Port of Gove published in the Gazette on 30 May 2014;

                     (c)  the area of the Port of Milner Bay declared to be a security regulated port by the Notice of Declaration of Security Regulated Port—Port of Milner Bay published in the Gazette on 31 March 2016.

Note:          The declarations in the notices referred to in paragraphs (2)(a) to (c) are made under subsection 13(1) of the Maritime Transport and Offshore Facilities Security Act 2003.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Biosecurity (Ballast Water Same Risk Area) Instrument 2017

5 Sept 2017 (F2017N00071)

8 Sept 2017 (s 2(1) item 1)

 

Biosecurity (Ballast Water Same Risk Area) Amendment (Great Barrier Reef and Northern Territory) Instrument 2019

4 Oct 2019 (F2019N00076)

5 Oct 2019 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

Part 2

 

s 5.............................................

am F2019N00076

s 7.............................................

ad F2019N00076