Government response to the Marine Emergency Framework Review

Recommendation 1

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.

The Government supports the introduction of legislation to clarify and strengthen marine emergency management arrangements, including the allocation of responsibility to an authority to ensure ports have appropriate marine emergency management arrangements and satisfy requirements set out in guidelines. Following further consultation with the marine sector, legislation will be prepared for introduction to Parliament to make clear the allocation of responsibilities.

Recommendation 2

Consequential or complementary amendments to the Emergency Management Act are required to ensure that:

• emergency planning and response arrangements for essential services (such as ports) are integrated with current State emergency management arrangements;
• the marine emergency management arrangements cover Victorian territorial waters as well as land.

Recommendation 3

That the nominated marine safety authority, in consultation with the Emergency Services Commissioner, senior emergency services personnel and relevant port stakeholders, is responsible for establishing appropriate performance standards, risk management guidelines and good practice guidelines for marine emergency management.

The Government supports the recommendation and has already moved to support incorporation of changes to existing Port Safety and Environment Management Plans (SEMP) specified in the Port Management Act 1995 and the relevant ministerial guidelines made under that Act. The Government will strengthen these arrangements through the introduction of amendments to appropriate legislation and guidelines.

Recommendation 4

That the standards and guidelines determined by the nominated marine safety authority require port/channel managers to conduct a marine emergency risk assessment using AS/NZ 4360:2004 Risk Management and, in addition, must require port/channel managers to:

• identify any hazard, or combination of hazards, including those that could result in an emergency that may be of high consequence;
• demonstrate how the risk of these major emergencies occurring has been reduced to 'As Low As Reasonably Practical' (ALARP);
• identify the consequences to the port and surrounding areas if a major emergency should occur;
• identify how the response and recovery to such an emergency is to be managed and what capacity and capability exists to manage such an emergency;
• comply with performance standards, risk management guidelines and good practice guidelines for marine emergency management;
• where appropriate, integrate with existing whole of port risk management processes.

The Government supports the recommendation and has already moved to support incorporation of changes to existing Port Safety and Environment Management Plans (SEMP) specified in the Port Management Act 1995 and the relevant ministerial guidelines made under that Act. The Government will strengthen these arrangements through the introduction of amendments to appropriate legislation and guidelines.

By virtue of general safety duties owed under the Occupational Health and Safety Act 2004 ('OHS Act'), port and channel managers are already required to eliminate risks or minimise safety risks so far as is reasonably practicable. This requirement must also address risks in the emergency management context such as high consequence, low likelihood events. This includes those risk that may foreseeably arise in the context of a major emergency. These obligations are in the process of being reinforced through the Marine Safety Act 2010. Chapter 2 of the Bill mirrors the relevant OHS duties so that these duties can be enforced by the Director of Transport Safety.

Recommendation 5

That the nominated marine safety authority, in consultation with the Emergency Services Commissioner and senior emergency services personnel, is responsible for monitoring the implementation and auditing against appropriate performance standards, risk management guidelines and good practice guidelines.

Recommendation 6

That the nominated marine safety authority is required to ensure that incident notification and data recording requirements for Victorian commercial ports are consistent and adhered to.

Recommendation 7

That the nominated marine safety authority is responsible for development of a declared asset system and is required to ensure that port/channel managers utilise and maintain the declared asset system.

Recommendation 8

That port/channel managers are required to identify in the declared asset system (in conjunction with the emergency services) critical Level 1 declared assets and other Level 2 declared assets, that may be required in support of a marine emergency within the port, and that identified resource availability, accessibility and call out time is recorded.

Recommendation 9

That port/channel managers are required to ensure, through service agreements, licensing, direct acquisition or other means as appropriate, the availability of the critical Level 1 declared assets.

As a minimum, Level 1 declared assets must include:

• emergency harbour towage;
• waterborne firefighting capability that is commensurate with risk and in accordance with the standards endorsed by the nominated marine safety authority and relevant fire services;
• vessel/s that can transport and transfer emergency services personnel to ships from shore;
• vessel/s suitable for command and control platforms on the water; and
• any other critical service requirements as determined by the nominated marine safety authority.

Recommendation 10

That Harbour Masters are employed by a government body and remain geographically located at the port.

This recommendation aims to address the potential tensions and conflicts between the statutory role and function of harbour masters and the commercial imperatives of the port corporations that employ them. The Government agrees that there is a need to address potential tensions and conflicts and has done so through the imposition of statutory duties (refer to Marine Safety Act 2010) that more clearly align the incentives and priorities of port corporations with the harbour masters that they employ to manage port waters on their behalf.

Both the Harbour Master and the port corporation that employs them have a statutory obligation to ensure the safety of port waters under their control. By implication, port corporations (referred to as port management bodies under the Marine Safety Act 2010) are required to identify risks (including those that might lead to an emergency situation) and implement risk controls or otherwise be prepared to implement risk mitigations. A failure to comply with this statutory duty could result in the imposition of a maximum penalty of 9000 penalty units (approximately $1.1m).

Recommendation 11

That the accountability relationship between Harbour Masters and the Director of Marine Safety is strengthened in the relevant legislation.

The Government supports the recommendation. The Marine Safety Act 2010 provides for the licensing of Harbour Masters and provides the Safety Director with the power to impose conditions on licences issued. A standard condition is that Harbour Masters must comply with the directions of the Director of Marine Safety. More specifically, the Safety Director has the power to direct the Harbour Master when exercising the Harbour Masters statutory powers (refer to Clause 235).

Recommendation 12

That Harbour Masters have the appropriate powers, authority, accountability, skills, responsibility and indemnity to provide a coordinated response of marine resources in support of emergency services, except where the another nominated authority is the control agency for a marine pollution or marine casualty emergency.

The Government supports the recommendation. Part 6.2 of the Marine Safety Act 2010 governs the licensing of harbour masters and the appointment of assistant harbour masters. The licensing requirements ensure that harbour masters and their assistants have appropriate skills. It also provides a means of enforcing the accountabilities of the Harbour Master. Licences can be suspended or cancelled by the Safety Director at any time if there is just cause to do so.

Part 6.4 details Harbour Master powers and functions. It provides adequate authority to manage on-water emergency situations. This is complemented by powers provided to port management bodies (refer to clause 215) to establish exclusion zones when there is an emergency. These powers can be exercised by Harbour Masters.

As indicated in the response to recommendation 11, harbour masters are subject to direction from the Safety Director. This would clearly be the case when the Safety Director (Transport Safety Victoria) is the control agency for a marine casualty emergency or the Security and Emergency Management Division of DOT is the control agency for marine pollution.

Recommendation 13

That Harbour Masters are the designated principle marine specialists within the port and work directly with emergency services to provide advice and the interface with the marine legislative powers, to manage a marine emergency.

The Government supports the recommendation and believes that the Marine Safety Act 2010 provides for this recommendation to be satisfied.

Recommendation 14

That port/channel managers coordinate marine emergency planning for the port and are required to ensure that marine emergency arrangements are integrated with whole of port emergency management plans.

The Government supports the recommendation and has already moved to support incorporation of changes to existing Port Safety and Environment Management Plans (SEMP) specified in the Port Management Act 1995 and the relevant ministerial guidelines made under that Act. The Government will strengthen these arrangements through the introduction of amendments to appropriate legislation and guidelines.

Recommendation 15

That the port/channel managers coordinate marine emergency management planning in the port and are required to ensure that individual port stakeholder marine emergency management arrangements plans are integrated with the whole of port marine emergency management arrangements.

The Government supports the recommendation and has already moved to support incorporation of changes to existing Port Safety and Environment Management Plans (SEMP) specified in the Port Management Act 1995 and the relevant ministerial guidelines made under that Act The Government will strengthen these arrangements through the introduction of amendments to appropriate legislation and guidelines.

Recommendation 16

That the port marine emergency management arrangements are integrated with the Victorian Water Division Emergency Response Plan.

The Government supports the recommendation and will strengthen the arrangements through the introduction of changes to appropriate legislation, including promulgation of standards, and other consequential legislation.

Recommendation 17

That the Water Division Emergency Response Plan is amended, by the Water Division emergency response coordinator, to provide a framework to coordinate a marine response that crosses declared port water boundaries and requires resource coordination and prioritisation.

The Government supports the recommendation and will strengthen the arrangements through the introduction of to appropriate legislation, including promulgation of standards, and other consequential legislation.

Recommendation 18

That, where practical, risk assessments, emergency planning, training and exercising are integrated to minimise duplication of effort.

Recommendation 19

That emergency services continue to take the lead role in marine emergencies and operate under their respective legislation, the Emergency Management Act and the State's emergency
management arrangements.

The Government supports the recommendation and will strengthen the arrangements. Final determination of the nature of any amendments to the legislative arrangements will be made post receipt of the Bushfire Royal Commission's Final Report.

Recommendation 20

That emergency services increase their capability/capacity to respond to marine emergencies by undertaking the necessary training, increasing their awareness of port and ship operations and ensuring knowledge of the roles/responsibilities of the relevant authorities and stakeholders.

Recommendation 21

That the Office of the Emergency Services Commissioner ensures that an emergency services multi-agency working group is established to develop a specialist marine emergency response capability for Victoria based on the multi-agency Urban Search and Rescue (USAR) model. The specialist personnel should be required to have:

• detailed knowledge of ship safety systems and ship command/control arrangements;
• detailed understanding of State, national and international marine emergency management arrangements;
• the ability to safely board and undertake a detailed assessment of a maritime emergency;
• the ability to support the ships crew during a maritime emergency; and
• the ability to effectively relay information back to the Marine Emergency Management Team.

Recommendation 22

That emergency services are required to work directly with ports and the nominated marine safety authority when ports are preparing marine emergency response arrangements.

Recommendation 23

That emergency services are required to work directly with port/channel managers and the nominated marine safety authority to identify and ensure availability of marine resources necessary for emergency services to meet their statutory obligations in responding to marine emergencies (this recommendation should be read in conjunction with recommendation 26 & 27).

The Government supports the recommendation in principle however final consideration of this issue will be pended until receipt of the Bushfire Royal Commission Final Report to determine whether any of the Commission's final recommendations will have any implications for this area of statutory obligations.

Recommendation 24

That emergency services are required to work directly with port/channel managers and the nominated marine safety authority to ensure that a training and exercise regime is established to enable emergency services personnel to develop and maintain the skills and knowledge relevant to marine emergency management.

The Government supports the recommendation and notes that this will be incorporated into existing arrangements in place for the Statewide coordination of emergency management exercise capability.

Recommendation 25

That the Director of Marine Safety works with the Australian Maritime Safety Authority to ensure that State and port emergency arrangements interface appropriately with the National Maritime Emergency Response Arrangements.

Recommendation 26

That port/channel managers are responsible for funding the preparation of marine emergency risk assessments and marine emergency response arrangements and ensuring the availability of identified marine resources in support of response to a marine emergency, to meet their statutory obligations.

The Government supports the recommendation and will seek to strengthen arrangements, if necessary, through any changes to appropriate legislation. Final consideration of such changes will be deferred until after receipt of the Bushfire Royal Commission's Final Report to ensure consistency with any recommendations made by the Commission which may impact upon existing emergency services' statutory obligations.

Recommendation 27

That emergency services are responsible for funding the development of the emergency services marine emergency response capacity/capability to meet their statutory obligations.

The Government supports the recommendation and will seek to strengthen arrangements, if necessary, through relevant legislation. If additional capability is required, further funding requirements will need to be addressed through the normal budgetary application process. Final consideration of such changes will be deferred until after receipt of the Bushfire Royal Commission's Final Report to ensure consistency with any recommendations made by the Commission which may impact upon existing emergency services' statutory obligations.

Recommendation 28

That port/channel managers should be able, within the general context of the pricing/cost recovery arrangements established under the Port Services Act 1995 and pricing determinations made by the Essential Services Commission, to recover the reasonable costs of meeting their statutory obligations (as per recommendation 26) through charges for prescribed service applied to port users.

Recommendation 29

That the nominated marine safety authority undertakes a further assessment to determine the recommendations from this Review that may also be applicable to State waters outside commercial port waters.

Recommendation 30

That, where applicable, consideration is given to legislative amendment that will enable the findings of this report to be applied to areas inside State waters but outside commercial port waters.

Recommendation 31

That the Department of Transport ensures that key stakeholders are engaged during the implementation of the approved Review recommendations.