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NIUE LAWS

LEGISLATION AS AT DECEMBER 2006
GENERAL LAWS
MARITIME SECURITY REGULATIONS 2004
2004/2 – 1 July 2004
1 Title

2 Interpretation

3 Application

4 Port Security Officer’s duties

5 Maritime Security Committee

6 Security levels

7 Declaration of Security

8 Port Security Plan

9 Port organisation and responsibility

10 Port Facility Operator’s responsibility

11 Other port users

12 Shipping organisation and responsibility

13 Ship Security Plans

14 Contingency procedures – ports

15 Contingency procedures – ships

16 Security training – ports

17 Security training – ships

18 Police powers

19 Offences

20 Penalties



21 Forms
SCHEDULES
______________________
1 Title
These are the Marine Security Regulations 2004.
2 Interpretation
(1) In these Regulations –
"authorised person" means a person with powers and duties under these Regulations;
"Committee" means the Maritime Security Committee established under regulation 5; "company" means the owner or operator of a vessel to which these Regulations apply;
"Company security officer" means the person designated by the company for ensuring that a ship security assessment is carried out; that a ship security plan is developed, submitted for approval, and thereafter implemented and maintained and for liaison with port facility security officers and the ship security officer;
"Contracting Government" includes the Port Authority; "Convention" means the International Convention for the Safety of Life at Sea, 1974 and its amendments (SOLAS);
"deadweight tonnage" means the total load of cargo, fuel, stores and ballast that a ship can carry;
"Department" means the department of Government with particular responsibility for Port Services and Shipping;
"disallowed item" means –
(a) any thing made or altered for use for causing bodily injury or intended by the person who has the article for such use, any article capable of being used for causing bodily injury, any anaesthetising or other substance produced for use for disabling persons or intended by the person who the substance for such use, and
(b) any thing capable of destroying or causing damage to or endangering the safety of a ship, port or port facility or persons on a ship or at a port or port facility, and
(c) any thing likely to destroy or cause damage to or endanger the safety of a ship, port or port facility or persons on a ship or at a port or port facility;
"gross registered tonnage" means the total capacity of a vessel in tonnage units of 100 cubic feet;
"exclusion zone" means a waterside area to which access is temporarily restricted to persons authorised by the Ports Authority;
"facility operator" means port facility to which these Regulations apply;
"ISPS Code" means the International Ship and Port Facility Security Code;
"master" means a person having command or charge of a ship;
"Maritime Security Committee" means the Committee constituted under regulation 5;
"Minister" means the Minister responsible for National Security;
"Niue port" means a port in Niue that service ships engaged on international voyages;
"Niue ship" means a ship that is registered in Niue;
"Port Authority" means the Port Authority or the agency of the Executive Government of Niue responsible for the administration, management and operation of Niue ports and is, for the purposes of the ISPS Code, the Designated Authority;
"port facility" means the ship/port interface facility that provides for the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods or the provisions of port services to or from the ship;
"port facility operator" means the manager of ship/port interface facility that provides for the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods or the provisions of port services to or from the ship;
"port facility security officer" means a suitably qualified person designated by the facility operator responsible for the development, implementation, review and maintenance of the Port Facility Security Plan and for liaison with ship security officers, the company security officer and the port security officer;
"Port Facility Security Plan" means a plan developed to ensure the application of measures designed to protect any or all of the port facility and ships, persons, cargo, cargo transport units and ship’s stores within the port facility from the risks of a security incident;
"Port Security Plan" means a plan developed to ensure the application of measures designed to protect any of the port facilities of Niue or all of the port, and ships, persons, cargo, cargo transport units and ship’s stores within those port facilities or ports from the risks of a security incident and incorporates all port facility security plants;
"Port security officer (PSO)" means a person designated as such by the port authority;
"restricted areas" means areas on a ship to which access is restricted to crew, persons invited by the master or ship security officer and persons authorised pursuant to these regulations;
"restricted zone" means landside areas to which access is restricted to persons authorised by the facility operator or persons authorised pursuant to these regulations;
"screener" means a person, approved by the PSO, who conducts screening procedures;
"screening procedures" means those measures involved in the inspection of people and goods, and the checking for disallowed items;
"Security Level 1" means the level for which minimum appropriate protective security measures shall be maintained at all times;
"Security Level 2" means the level for which appropriate additional protective security measures shall be maintained for a period of time as a result of heightened risk of a security incident;
"Security Level 3" means the level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target;
"Ship Security Officer" means the person on board a ship, accountable to the master, designated by the Company as responsible for the security of the ship, who shall perform those duties stipulated in the ISPS Code, including implementation and maintenance of the SSP, and liaison with the CSO and PSOs;
"Ship Security Plan" means a plan developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship’s stores or the ship from the risks of a security incident;
"sterile area" means an area of the port approved pursuant to these Regulations in which persons, vehicles and goods are not permitted until given clearance by an authorised person;
"unaccompanied baggage" means any baggage, including personal effects, which is not with the passenger or member of ship’s personnel at the point of screening;
"unlawful interference" includes without lawful excuse –
(a) Seizing, or exercising control of, a ship by force, or threat of force, or any other form of intimidation;
(b) Damaging or destroying a ship that is in service;
(c) Placing, or causing to be placed, on board a ship in service a thing that is likely to –
(i) destroy the ship; or
(ii) endanger its safety;
(d) Communicating information, which is known to be false, thereby endangering the safety of a ship;
(e) Committing an act of violence against a person, property or the environment at a port, if the act –
(i) causes, or is likely to cause, injury or death; and
(ii) endangers, or is likely to endanger, the safe and efficient operation of the port or the safety of anyone at the port;
(f) Attempting to commit an act described in any of the above paragraphs.
(2) Terms not otherwise defined in this part shall have the same meaning as the meaning attributed to them in SOLAS.
(3) The following acronyms mean – CSO Company Security Officer DWT Dead Weight Tonnage GRT Gross Registered Tonnage ISPS Code International Ship and Port Facility Security Code MSC Maritime Security Committee PFO Port Facility Officer PFSA Port Facility Security Assessment PFSO Port Facility Security Officer PFSP Port Facility Security Plan PSA Port Security Assessment PSO Port Security Officer PSP Port Security Plan RSO Registered Security Organization SSA Ship Security Assessment SSO Ship Security Officer SSP Ship Security Plan
3 Application
These Regulations apply to —
(a) Niue ships;
(b) Niue ports and port facilities; and
(c) All foreign vessels in Niue’s waters to which the Convention applies;
(d) Fishing vessels 12 metres in length and above fishing in the EEZ of Niue and international waters.
4 Port Security Officer’s duties
The PSO is responsible for –
(a) Initiating, developing, promoting and reviewing maritime security policy, legislation, standards and procedures;
(b) Auditing and pursuing compliance with maritime security policy, legislation, standards and procedures;
(c) Preparing Port Security Plans;
(d) Drawing up and maintaining a list of vulnerable points of the ports, including essential equipment/facilities and review their security from time to time;
(e) Promote security awareness amongst port workers/users and shipowners;
(f) Coordinating the maritime security policy response to a threat or act, which threatens the security of the maritime transport sector;
(g) Coordinating the provision of intelligence and information on threats to the maritime industry;
(h) Facilitating the development, implementation, review and maintenance of the port security plan and liaison with port facility security offices and ship security officers, where appropriate;
(i) In consultation with PFSOs, ensuring that appropriate security measures are maintained at the port;
(j) Maintaining and supervising the implementation of the PSP, including any amendments to the PSP;
(k) Proposing modifications to the PSP;
(l) Reporting to the Committee any deficiencies and non conformities identified during internal audits, periodic reviews, security inspections and verifications of compliance and implementing any corrective actions;
(m) Attending meetings of the Committee;
(n) Enhancing security awareness and vigilance by all staff;
(o) Ensuring adequate security training has been provided to port employees and agents with regard to their security roles and responsibilities and maintenance of training records;
(p) Ensuring that security equipment is appropriately operated, tested, calibrated and maintained;
(q) Ensuring effective communication and cooperation between the port and members of the port security committee;
(r) Reporting all security incidents to the Committee; and
(s) Overseeing the issue of copies of the PSP and maintaining a record of all authorised holders;
(t) Ensuring compliance with the PSP and the implementation of complementary additional security measures as required by the Committee;
(u) The PSO shall initiate periodic internal audits or reviews of the PSP to ensure compliance with, and appropriateness of, existing security measures.
5 Maritime Security Committee
(1) The Maritime Security Committee is established for the purposes of maritime security of Niue.
(2) The Committee shall be appointed by Cabinet.
(3) The Chair of the Committee shall be appointed by Cabinet.
(4) The role of the Committee shall be to –
(a) Coordinate the implementation of national maritime security measures in Niue ports and on Niue ships;
(b) Provide a forum for the discussion of maritime security matters affecting port tenants/users and ships visiting the ports;
(c) Provide a forum for communication between port tenants/users and shipowners on issues of security and procedures in place to meet threats, providing for normal situations and contingencies for periods of heightened tension and emergency situations;
(d) Liaise, as considered appropriate, with external agencies to discuss security issues;
(e) Provide advice on maritime security to the Committee, industry and the public; and
(f) Advise the Committee of the need for additional security measures.
(5) The PSO shall ensure that a record of each meeting is kept and minutes are forwarded within one month of the meeting, either in written or electronic form, to all committee members.
(6) In the event of a security incident the PSO or shipowner must contact the Chair of the Committee who shall immediately convene a meeting of the Committee, along with other members as determined appropriate, who may set up a support team.
(7) The role of the support team under paragraph (6) is to –
(a) Provide technical and operational advice and assistance to the police in relation to operational matters and resources available at the port;
(b) Consult with the police, ensure the orderly conduct of other operations on the port not associated with the incident; and
(c) Provide incident-related advice and information to their respective organisations and the Committee.
6 Security levels
(1) Cabinet shall, when necessary, and with the recommendation of the Committee, set security levels and provide guidance for protection from security incidents.
(2) Higher security levels indicate greater likelihood of occurrence of a security incident.
(3) Factors to be considered in setting the appropriate security level include –
(a) The degree that the threat information is credible;
(b) The degree that the threat information is corroborated;
(c) The degree that the threat information is specific or imminent; and
(d) The potential consequences of such a security incident.
(4) Cabinet shall, when necessary, with the recommendation of the Committee, issue appropriate instructions and shall provide security related information to the ships and port facilities that may be affected.
(5) Additional security measures may be implemented either at the direction of the PSO or on the initiative of the Port Authority or the ship owner who shall give immediately advise the PSO.
(6) The Committee may delegate as appropriate certain duties under these Regulations other than –
(a) Setting of the applicable security level;
(b) Approving a PSA/PFSA/SSA and subsequent amendments to an approved assessment;
(c) Determining the port facilities that will be required to designate a PFSO;
(d) Approving a PSP/PFSP/SSP and subsequent amendments to an approved plan.
7 Declaration of Security
(1) A Declaration of Security must be completed in respect of a port or port facility when Cabinet deems it necessary or when a master deems it necessary.
(2) A Declaration of Security records the agreement reached between the ship and the port facility or with other ships with which it interfaces as to the respective security measures each will undertake in accordance with the provisions of their respective approved security plans.
(3) The need for a Declaration of Security may be indicated –
(a) By the PSO or PFSO;
(b) By the results of the PFSA or PSA;
(c) By the Maritime Administration of the flag state of a ship, or
(d) By the result of a SSA.
(4) A ship can request a Declaration of Security when –
(a) The ship is operating at a higher security level than the port facility or another ship it is interfacing with;
(b) There is an agreement on a Declaration of Security between Contracting Governments covering certain international voyages or specific ships on those voyages;
(c) There has been a security threat or a security incident involving the ship or involving the port facility, as applicable;
(d) The ship is at a port that is not required to have and implement an approved port facility security plan; or
(e) The ship is conducting ship-to-ship activities with another ship not required to have and implement an approved SSP.
(5) If a ship, or a Maritime Administration on behalf of ships entitled to fly its flag, requests completion of a Declaration of Security, the PSO and SSO should acknowledge the request and discuss appropriate security measures.
(6) The Declaration of Security should be signed and dated by both the PSO and the master of SSO on behalf of the ship, as applicable, to indicate compliance with SOLAS chapter XI-2 and Part A of the ISPS Code and states its duration, the relevant security level and the relevant contact details.
(7) The Declaration of Security shall be completed in English and in the form prescribed in Schedule 8.
8 Port Security Plan
(1) The Committee shall under these Regulations conduct a PSA and produce a PSP, issued under the authority of Cabinet.
(2) The PSO shall prepare the Draft PSP and the Committee may approve its content prior to its circulation to those offices or persons approved by the Committee and shall approve all amendments prior to their being put into effect.
(3) The PSO may amend the PSP as necessary, subject to approval by the MSC.
(4) The completed PSP is classified "Confidential" and, while selected members of staff will need to be appraised of particular aspects of the Plan, it shall be protected from unauthorised access or disclosure.
(5) No part of the PSP may be reproduced or transmitted, in any form or by any means, without the written consent of the Committee.
9 Port organisation and responsibility
(1) All employees and agents of the Port Authority whose duties require them to implement security controls at the port or routinely access a restricted zone at the port must ensure that the protective security arrangements covered by the PSP are observed at all times.
(2) Any employee or agent on becoming aware of a –
(a) Breach or suspected breach of security arrangements;
(b) Any deficiency in the PSP; or
(c) Who observes activities of a suspicious nature; must report the matter immediately to the PSO.
(3) The Port Authority shall appoint a PSO who, with the authority of management, shall administer the day-to-day operations of the PSP at the port.
10 Port Facility Operator’s responsibility
(1) The Port Facility Operator shall, in co-operation with the Committee and in accordance with these Regulations, conduct a PFSA and produce a PFSP, issued under the authority of PSO.
(2) The PFSP shall be incorporated into the overall PSP where appropriate.
(3) The PSO shall review the draft PFSP and may approve its content prior to its circulation and shall approve all amendments prior to their being put into effect.
(4) The PSO may amend the PSP as necessary, subject to approval by the Committee.
(5) Port Facility Operators, lessees and tenants are responsible for –
(a) The security of their facilities and areas specifically allocated for their use;
(b) Maintaining access control procedures as they apply to any of their facilities; and
(c) Ensuring that any staff or other persons such as contractors, who enter restricted zones or sterile areas do so only on current essential duties related to that area;
which would be effected through contractual arrangements.
(6) Port Facility Operators, lessees and tenants may be required, at short notice from the Port Authority or the PSO, to comply with security systems and/ or procedure variations resulting from increases in maritime security threats.
(7) Security exercises, to test measures and response arrangements, shall be conducted by the PSO at a frequency agreed with the Committee.
(8) The object of the exercises is to not only test response arrangements to a simulated act of unlawful interference but also to –
(a) Practice call out of all involved elements;
(b) Test the adequacy of facilities;
(c) Exercise members of the port security committee in the provision of effective support to police operational elements; and
(d) Test the adequacy of appropriate contingency plans.
(9) The PSO and appropriate PSFOs will review each security exercise and submit a formal report to the Committee, within one month of the completion of the exercise.
11 Other port users
Any person who enters the port is required to comply with all regulatory provisions brought to their notice by any means including public notices, signs, announcements, publications or oral messages.
12 Shipping organisation and responsibility
(1) The Company shall ensure compliance with the SSP and for the implementation of complementary additional security measures as required by the Committee.
(2) The Company shall initiate periodic internal audits or reviews of the SSP to ensure compliance with, and appropriateness of, existing security measures.
(3) The Company shall appoint a CSO, who, with the authority of management, shall administer the overall operations of the SSP on all the Company’s ships.
(4) The Company shall appoint a SSO for each ship, who, with the authority of management, shall administer the day-to-day operations of the SSP on each of the Company’s ships.
(5) The duties and responsibilities of the CSO shall include –
(a) Advising the level of threats likely to be encountered by the ship, using appropriate security assessments and other relevant information;
(b) Ensuring that ship security assessments are carried out and regularly reviewed;
(c) Ensuring the development, the submission for approval, and thereafter the implementation and maintenance of the SSP;
(d) Ensuring that the SSP is amended, as appropriate, to correct perceived shortcomings and satisfy the security requirements of the individual ship;
(e) Arranging for internal audits and reviews of security activities;
(f) Ensuring that deficiencies and non-conformities identified during internal audits, periodic reviews, security inspections and verifications of compliance are promptly addressed and dealt with;
(g) Enhancing security awareness and vigilance;
(h) Ensuring adequate training for personnel responsible for the security of the ship;
(i) Ensuring effective communication and cooperation between the SSO and the relevant PFSOs and the PSO;
(j) Ensuring consistency between security requirements and safety requirements;
(k) Ensuring that, if sister-ship or fleet security plans are used, the plan for each ship reflects the ship-specific information accurately;
(l) Ensuring that any alternative or equivalent arrangements approved for a particular ship or group of ships are implemented and maintained; and
(m) Authorising the issue of copies of the SSP and maintaining a record of all authorised holders.
(6) The duties and responsibilities of the SSO include –
(a) Undertaking regular security inspections of the ship to ensure that appropriate security measures are maintained;
(b) Maintaining and supervising the implementation of the SSP, including any amendments to the SSP;
(c) Coordinating the security aspects of the handling of cargo and ship’s stores with other shipboard personnel and with the relevant PFSOs;
(d) Proposing modifications to the SSP;
(e) Reporting to the CSO any deficiencies and non conformities identified during internal audits, periodic reviews, security inspections and verifications of compliance and implementing any corrective actions;
(f) Enhancing security awareness and vigilance on board;
(g) Ensuring adequate training has been provided to shipboard personnel with regard to their security roles and responsibilities and maintenance of training records;
(h) Reporting all security incidents;
(i) Coordinating implementation of the SSP with the CSO and the relevant PFSO; and
(j) Ensuring that security equipment is properly operated, tested, calibrated and maintained.
(7) All employees and agents of the company, including crew, must ensure that the protective security arrangements covered by the SSP are observed at all times. Any employee or agent becoming aware of a –
(a) Breach or suspected breach of security arrangements;
(b) Any deficiency in the SSP; or
(c) Who observes activities of a suspicious nature; must report the matter immediately to the CSO or SSO as appropriate.
(8) Nothing in these Regulations removes from the master the overriding authority and responsibility to make decisions with respect to the safety and security of the ship and to request the assistance of the Company or of any government as may be necessary.
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