- The agreement will commence on the date it is signed by the Commonwealth, the States and the Northern Territory.
- The Parties will take such action as is provided for by this agreement and as is otherwise required to achieve the objectives set out above by initiating the administrative acts and procedures provided for by this agreement, in accordance with the roles and responsibilities set out below.
Operation and functions of the committees and statutory agencies
National Plan Management Committee
- The Parties will establish a National Plan Management Committee to provide advice to the Australian Transport Council on the strategic, policymaking and funding direction for the National Plan. The functions of the National Plan Management Committee are to:
- provide strategic oversight and direction for the effectiveness and efficiency of the National Plan, including preparedness and response standards
- oversee the ongoing effectiveness of the formal arrangements between key stakeholders and AMSA as National Plan manager
- provide advice to the Australian Transport Council on the collection and distribution of funds for the National Plan, including contributions from the Commonwealth, the States/NT and shipping industry
- develop and maintain a four-year rolling budget for AMSA's National Plan activities to be submitted for advice each year to the Australian Transport Council
- develop, implement and monitor mechanisms to ensure the roles and responsibilities of the stakeholders are clearly understood by all stakeholders in the National Plan
- prepare an annual report to be distributed to all stakeholders on achievement of the National Plan objectives, activities and operations including financial management
- provide advice to AMSA in developing and maintaining international and regional cooperative arrangements for marine pollution response and preparedness
- perform such other functions as the Australian Transport Council may confer on it from time to time.
- Membership of the Committee will comprise a senior executive representative (or alternative with equivalent authority) from each of the Parties, AMSA (as National Plan manager) and a representative of each of the following stakeholders to the National Plan:
- Association of Australian Ports and Marine Authorities
- Great Barrier Reef Marine Park Authority
- Australian Institute of Petroleum
- Australian Shipping Federation
- Plastics and Chemicals Industries Association
- The Committee will have an independent chair who is not a representative of the Parties or the stakeholders.
- Each member will bear the costs and expenses incurred in the course of Committee business.
- The Committee will hold such meetings at least annually, and will hold additional meetings as necessary for the efficient performance of its functions. Meetings may be held by teleconference or videoconference. Notice of meetings and agendas will be given at least one month in advance, unless otherwise agreed by the members. Meetings will not be held unless a majority of State/NT members are able to attend.
- The Parties will encourage their representatives to provide a whole-of-government perspective, and not just the views of their respective agencies.
- The Committee will make its reports and recommendations to the Australian Transport Council through the Australian Maritime Group and the Standing Committee on Transport.
- The Australian Transport Council will be entitled to be notified of and to be given information concerning any matter being dealt with by the Committee. The Australian Transport Council will have the right to refer any matter arising out of or in connection with their marine pollution prevention responsibilities directly to the Committee for consideration.
- The secretariat for the Committee will be provided by AMSA.
National Plan Operations Group
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The Parties will establish a National Plan Operations Group to support the National Plan Management Committee by considering the overall operational aspects of the National Plan. The functions of the National Plan Operations Group are to:
- develop and implement programs to:
- provide training under the National Plan
- coordinate the National Response Team1 to assist in a response under the National Plan to an oil or chemical spill in the marine environment
- monitor National Plan equipment, identify acquisitions to be made by AMSA of National Plan equipment and maintenance of AMSA-owned National Plan equipment
- ensure equipment allocation, compatibility and preparedness to enable a consistent approach to be taken by each Party for the purposes of paragraph 20 to this agreement
- test the effectiveness of contingency plans through conducting incident response exercises
- maintain support systems under the National Plan, including fixed wing aerial dispersant spraying, risk assessment, the Oil Spill Response Atlas, and the Oil Spill Trajectory Model
- support the adoption of new technology and evaluate research and development projects for National Plan funding
- address marine environmental issues such as guidelines to determine extent, and restoration of, damage caused by marine pollution incidents
- raise community awareness about protection of the marine environment from oil and chemical pollution
- support and give guidance to the implementation of the Oil Spill Response Incident Control System.
- establish and oversight working groups that are necessary for the National Plan Operations Group to carry out its functions
- assist States/NT to establish and maintain effective communication channels with all relevant stakeholders
- perform such other functions as the National Plan Management Committee may confer on it from time to time.
- Members of the National Plan Operations Group will have senior operations management responsibilities within their respective agencies or organisations. Parties to this agreement and the following stakeholders in the National Plan will be represented:
- Australian Marine Oil Spill Centre
- Environment and Scientific Coordinators Network
- Australasian Fire Authorities' Council
- Association of Australian Ports and Marine Authorities.
- The National Plan Operations Group will be chaired by AMSA (as National Plan manager).
- Each member will bear the costs and expenses incurred in the course of National Plan Operations Group business.
- The National Plan Operations Group will hold such meetings as are necessary for the efficient performance of its functions. Meetings will be held twice yearly or more often as the Operations Group decides is appropriate and where possible will be held before meetings of the National Plan Management Committee. Meetings may be held by teleconference or videoconference. Notice of meetings and agendas will be given at least one month in advance, unless otherwise agreed by the members. Meetings will not be held unless a majority of State/NT members are able to attend.
- The National Plan Operations Group will make its reports and recommendations to the National Plan Management Committee.
- The secretariat for the National Plan Operations Group will be provided by AMSA.
State/NT responsibilities
- A Statutory Agency in each State and the Northern Territory will be responsible for coordinating the local administration and operation of the National Plan, in accordance with the National Plan Administrative Arrangements, appearing in Schedule 1 to this Agreement. This may be done in consultation with a State/NT Committee and with due consideration to the relevant State/NT emergency management arrangements.
- The responsibilities of the National Plan State/NT Statutory Agencies will be:
- administration and operation of the National Plan in the State/NT, including provision of support to the National Plan Management Committee and National Plan Operations Group
- developing and implementing contingency plans for combating marine pollution under the National Plan
- advising and supporting the Combat Agency during the response to a marine oil or chemical pollution incident
- advising AMSA in relation to capital equipment, maintenance and training requirements for that State/NT on an annual basis
- ensuring all oil and chemical pollution incidents and reports of oil spill sightings whether confirmed or unconfirmed are reported to AMSA.
Funding
- The Parties agree that the following principles should form the basis under which obligations are funded under the National Plan:
- Preparedness for marine pollution incidents should be funded on the basis of the principle that the potential polluter pays
- Response to marine pollution incidents should be funded on the basis of the principle that the polluter pays
- Agencies responding to and incurring costs in relation to pollution incidents where the polluter is not identified, or costs are not recoverable, will be reimbursed by AMSA on the basis of the potential polluter pays, as set out in paragraphs 22 to 29 of Schedule 1 to this Agreement.
- Each State/NT agrees that, following consultation with the National Plan Operations Group and relevant stakeholders, they will ensure that:
- each oil/chemical terminal and offshore drilling rig/platform within their jurisdiction maintains, either directly or indirectly, an appropriate preparedness and response capacity consistent with the level of risk posed by the terminal, offshore drilling rig or offshore platform
- each port within their jurisdiction, including private ports and private terminals within ports, maintains, either directly or indirectly, an appropriate preparedness and response capacity consistent with the level of risk within the port.
- The Parties agree that any arrangements put in place to provide participation by ports in National Plan activities outside port limits are undertaken on a commercial basis, where such participation is not separately mandated by State/NT legislation.
- The Parties agree to the specific funding obligations appearing in Schedule 2 to this Agreement.
Review
- The National Plan Management Committee will report to the Australian Transport Council on an evaluation of the cooperative arrangements contained within this Agreement within 12 months of its commencement and at regular intervals thereafter as determined by the Australian Transport Council.
- The Australian Transport Council will decide as soon as practicable after receipt of the report whether this Agreement should continue, be modified or terminated. The Council will make their decision by consensus and, if the decision is to extend, modify or terminate this Agreement, take all necessary steps to give effect to their decision.
- The Australian Transport Council may at any time review or modify this Agreement and, if they decide by consensus to terminate it, do all that is necessary to terminate it.
- The National Plan Management Committee may at any time review or modify the Schedules to this Agreement.
Signed by the Honourable John Anderson, Minister for Transport and Regional Services for the Commonwealth of Australia.
Signed by the Honourable Patrick Carl Scully, Minister for Transport and Minister for Roads of the State of New South Wales.
Signed by the Honourable Candy Broad, Minister for Ports of the State of Victoria.
Signed by the Honourable Stephen Dominic Bredhauer, Minister for Transport and Minister for Main Roads of the State of Queensland.
Signed by the Honourable Alannah Mactiernan, Minister for Planning and Infrastructure of the State of Western Australia.
Signed by the Honourable Paul Lennon, Minister for Infrastructure, Energy and Resources of the State of Tasmania.
Signed by the Honourable Kon Vatskalils, Minister for Transport and Infrastructure of the Northern Territory.
Signed by the Honourable Michael Wright, Minister for Transport of the State of South Australia.