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Tasmanian Marine Oil and Chemical Spill Contingency Plan, December 2019 V04.3.1 1
Preamble Authorisation
The Tasmanian Marine Oil and Chemical Spill Contingency Plan (TasPlan) supports the National Plan for Maritime Environmental Emergencies (NatPlan) and the Tasmanian Emergency Management Arrangements (TEMA). It outlines arrangements for dealing with marine oil or chemical spills and maritime incidents such as groundings, collisions, disabled vessel or fire on a vessel that could result in an oil or chemical spill into Tasmanian State Waters. It is an associated plan within the TEMA arrangements and has been approved by the State Marine Pollution Committee and endorsed by the State Emergency Management Committee.
Document development history
Version Date Distribution Revision Description Sections
V0.1 2016-2017
Internal EPA Letitia Lamb, Andrew Smeal, Jos Phillips, Carolyn Knight
Refinement of content, editing, formatting
All
V0.2 2112017 SMPC Letitia Lamb Revision based on SMPC feedback
All
V0.3 3112018 Internal EPA Sarah Graham Corporate style layout & formatting
All
V04.3.1 10122019 Internal EPA Martin Read Final Edit All
Amendment record
Proposals for amendment or additions to this plan should be forwarded to: Executive Officer State Marine Pollution Committee EPA Tasmania, DPIPWE GPO Box 1751 HOBART Tasmania 7001 [email protected]
Implementation agreement
The following parties agree to implement the roles and responsibilities assigned in this TasPlan.
Environment Protection Authority GPO Box 1550, Hobart 7001 (03) 6165 4599 [email protected]
Tasmania Fire Service GPO Box 1526, Hobart 7001 (03) 6230 8600 [email protected]
TasPorts PO Box 478, Devonport 7310 1300 366 742 [email protected]
Local Government Association of Tasmania GPO Box 1521, Hobart 7001 (03) 6233 5966 [email protected]
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Contents
Preamble .................................................................................................................................................................................... 1
Contents ............................................................................................................................................................................................. 2 Acronyms and Abbreviations ........................................................................................................................................................ 4 Definitions .......................................................................................................................................................................................... 6
1. Administration, Governance and Management ........................................................................................................... 8
1.1 Introduction ............................................................................................................................................................................... 8 1.2 Scope ........................................................................................................................................................................................... 8 1.3 Interface with other plans and documents ................................................................................................................... 10 1.4 Commonwealth Legislation ................................................................................................................................................ 13 1.5 State Legislation .................................................................................................................................................................... 14 1.6 Governance ............................................................................................................................................................................. 14 1.7 Roles and Responsibilities ................................................................................................................................................... 18 1.8 Strategic Management of Risk ......................................................................................................................................... 21
2. Prevention .......................................................................................................................................................................... 24
2.1 Scoping Statement ............................................................................................................................................................... 24 2.2 Responsibility of the vessel owner .................................................................................................................................... 24 2.3 Salvage Arrangements ......................................................................................................................................................... 24 2.4 Emergency Towage Arrangements .................................................................................................................................. 25 2.5 Places of Refuge .................................................................................................................................................................... 25 2.6 Maritime Emergency Response Commander ............................................................................................................... 25
3. Preparedness ..................................................................................................................................................................... 27
3.1 Contingency Planning ........................................................................................................................................................... 27 3.2 Capability ................................................................................................................................................................................ 29 3.3 Training and Development ................................................................................................................................................ 31 3.4 Exercises .................................................................................................................................................................................. 32 3.5 Extension to Stakeholders .................................................................................................................................................. 33 3.6 Research and Development .............................................................................................................................................. 33
4. Response ........................................................................................................................................................................... 34
4.1 Response Strategies and Priorities ................................................................................................................................... 34 4.2 Protection Priorities ............................................................................................................................................................... 34 4.3 Initial Notification ................................................................................................................................................................. 34 4.4 Initial Assessment ................................................................................................................................................................. 36 4.5 Initial Reporting ..................................................................................................................................................................... 36 4.6 Incident Classification .......................................................................................................................................................... 36 4.7 Situation Report .................................................................................................................................................................... 39 4.8 Incident Management System .......................................................................................................................................... 39 4.9 Key Response Roles ............................................................................................................................................................. 40 4.10 Response Plans ................................................................................................................................................................... 42 4.11 Investigations ....................................................................................................................................................................... 44 4.12 Termination of Clean-up Operations ............................................................................................................................ 45
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4.13 Post Spill Monitoring ......................................................................................................................................................... 45 4.14 Stand Down Procedures ................................................................................................................................................... 45 4.15 Debriefing ............................................................................................................................................................................. 45 4.16 Post Incident Response Analysis ..................................................................................................................................... 46
5. Recovery ............................................................................................................................................................................. 47
5.1 Scope ........................................................................................................................................................................................ 47 5.2 National Plan Recovery Component ................................................................................................................................ 47 5.3 Tasmanian Recovery Functions ......................................................................................................................................... 47 5.4 Tasmanian Recovery Arrangements ................................................................................................................................ 48
6. Response Support Information ..................................................................................................................................... 50
List of Figures
Figure 1. Tasmanian Coastal Waters .................................................................................................................................. 9 Figure 2. Hierarchy of National and Tasmanian Plans .................................................................................................. 10 Figure 3. Interaction between TEMA Structure and Marine Oil Spill Response Structure ................................. 17 Figure 4. Shipping routes, traffic and petroleum infrastructure in south east Australia ...................................... 22 Figure 5. High Ranking Areas for Strategic Risk Management ................................................................................... 23 Figure 6. Initial notification for oil spill response ........................................................................................................... 35 Figure 7. Example of a Level 1 incident management structure ................................................................................ 36 Figure 8. Example of a Level 2 incident management structure ................................................................................ 37 Figure 9. Example of a fully expanded incident management structure ................................................................... 38
List of Tables
Table 1. Acronyms used in TasPlan .................................................................................................................................... 4 Table 2. Terminology used in TasPlan ............................................................................................................................... 6 Table 3: Commonwealth legislation relevant to marine pollution response .......................................................... 13 Table 4. Acts relevant to marine pollution responses in Tasmanian State Waters .............................................. 14 Table 5: State Marine Pollution Committee (SMPC) Members ................................................................................. 15 Figure 3. Interaction between TEMA Structure and Marine Oil Spill ....................................................................... 17 Table 6. Tasmanian Marine Oil and Chemical Spill Contingency Plan Sub-plans ................................................... 42 Table 7. Recovery functions and responsible agencies ................................................................................................ 47
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Acronyms and Abbreviations
The following acronyms and abbreviations, shown in Table 1, are used in TasPlan.
Table 1. Acronyms used in TasPlan
Acronym Stands for
AAD Australian Antarctic Division
ADIOS Automated Data Inquiry for Oil Spills. Oil weathering and behaviour Model developed by the (US) National Oceanographic and Atmospheric Administration (NOAA)
ADF Australian Defence Force
AHT Aboriginal Heritage Tasmania (DPIPWE)
AIIMS Australian Inter-Service Incident Management System
AIP Australian Institute of Petroleum
AMOSC Australian Marine Oil Spill Centre
AMOSPlan Australian Marine Oil Spill Plan
AMSA Australian Maritime Safety Authority
AOC Advanced Operations Centre
AusSAR Australian Search and Rescue
BAOAC Bonn Agreement Oil Appearance Code
CP Contingency Plan
CPR Crisis, Preparedness and Response
DACC Defence Assistance to the Civil Community
DPAC Department of Premier and Cabinet
DPFEM Department of Police, Fire and Emergency Management
DPIPWE Department of Primary Industries, Parks, Water and Environment
DSEWPC Department of Sustainability, Environment, Water, Population and Communities
EMA Emergency Management Australia
EMPCA Environmental Management and Pollution Control Act
EP Environment Protection (AMSA)
EPA Environment Protection Authority
ESC Environment and Scientific Coordinator
ETC Emergency towage capability
ETV Emergency Towage Vessel
EVCREW Emergency Volunteering, Community Response to Extreme Weather
FWADC Fixed Wing Aerial Dispersant Capability
HFO Heavy Fuel Oil
HNS Hazardous and noxious substance
IC Incident Controller
ICC Incident Control Centre
ICS Incident Control System
IGA Inter-Governmental Agreement
IMT Incident Management Team
IRB Inflatable Rescue Boat
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JRRC Joint Rescue Coordination Centre
LGAT Local Government Association Tasmania
LIST Land Information System Tasmania
MAST Marine and Safety Tasmania
MECC Municipal Emergency Coordination Centre
MEMC Municipal Emergency Management Committee
MEMP Municipal Emergency Management Plan
MEPP Marine Environment Prioritisation Project
MERCOM Marine Environment Response Commander
MDO Marine Diesel Oil
MOSES Marine Oil Spill Equipment System
MOSRS Marine Oil Spill Response Structure
MOU Memorandum of Understanding
MOSR Marine Oil Spill Sensitivity Rating
MRT Mineral Resources Tasmania
NatPlan National Plan for Maritime Environmental Emergencies
NCH Natural & Cultural Heritage (a Division of DPIPWE)
NEBA Net environmental benefit analysis
NEMO National Emergency Management Operations
NMERA National Maritime Emergency Response Arrangements
NOPSEMA National Offshore Petroleum Safety and Environmental Management Authority
NRT National Response Team
WHS Work Health and Safety
OPICP Offshore Petroleum Industry Contingency Plans
OSCP Oil Spill Contingency Plan
OSRA Oil Spill Response Atlas
OSTM Oil Spill Trajectory Model
P&IC Protection and Indemnity Clubs
POCCP Port, Oil and Chemical Contingency Plans
POLREP Pollution Report. A report, reporting a pollution incident
RECC Regional Emergency Coordination Centre
REMC Regional Emergency Management Committee
REMP Regional Emergency Management Plan
SC State Emergency Management Controller
SCC State Control Centre (Tasmania)
SEMC State Emergency Management Committee
SES State Emergency Service
SMEAC Situation, Mission, Execution, Administration and Command
MPC Marine Pollution Controller
SITREP Situation Report on an actual or potential marine oil pollution incident or response
SOPCO State Oil Pollution Control Officer
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SMPC State Marine Pollution Committee
TasPlan Tasmanian Marine Oil and Chemical Spill Contingency Plan
TasPol Tasmania Police
TasPorts Tasmanian Ports Corporation Pty Ltd
TFS Tasmania Fire Service
TEMA Tasmanian Emergency Management Arrangements
TESC Tasmanian Environment & Science Coordinator
TMPC Tasmanian Marine Pollution Controller
Definitions
The following terms and associated meanings are used in this TasPlan (Table 2).
Table 2. Terminology used in TasPlan
Term Meaning in the context of TasPlan
Command The internal direction of the members and resources of an organisation to achieve its role and tasks authority to command is established in legislation or by agreement within an organisation, Command operates vertically within an organisation.
Community A group with a commonality of association, generally defined by location, shared experience or function.
Control The overall direction of emergency management activities during an emergency. Authority for control is established in legislation or administratively and carries with it the responsibility to task organisations according to the needs of the situation.
Control Agency The agency or company who controls response activities to a maritime environmental emergency. They are assigned responsibility by legislation, administrative arrangements or within the relevant contingency plan. The Control Agency has responsibility for appointing the Incident Controller. This is equivalent to Responsible Agency or Control Authority under AIIMS. The Tasmanian State arrangements in TEMA use the term Management Authority for government departments with this same level of responsibility.
Coordination The act of bringing together organisations and other resources to support an emergency management response.
Emergency An event, actual or imminent, which endangers or threatens to endanger life, property or the environment, and which requires a significant and coordinated response.
Environment The complex mix of physical, chemical and biological agents and factors, which may impact a person or a community, and may include social, physical and built elements, which surround and interact with a community.
Finance and Administration Section
The functional group responsible for the provision of finance and administrative services to the response organisation and for the collation of costs and all records related to an incident.
Hazardous and noxious substance
Any substance, which if introduced into the marine environment, is likely to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.
Intergovernmental Agreement
The Intergovernmental Agreement on the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances, dated 25 May 2001. This IGA provides a mechanism to ensure decision making under the National Plan is co-operative and that the obligations of all parties are met.
Incident Controller
The individual with overall responsibility for the management of operations in relation to an incident.
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Logistics Section The functional group responsible for the supply of services and resources to support and sustain the operational response to an incident.
MARPOL The International Convention for the Prevention of Pollution from Ships is the main international convention for addressing ship-sourced pollution.
Manager An individual in charge of a particular task associated with an aspect of the response to an incident.
Marine Pollution Any occurrence or series of events with the same origin, including fire and explosion, which results or may result in discharge, release or emission of oil or a hazardous and noxious substance, which poses or may pose a threat to the marine environment, the coastline, animals or other resource, and which requires an emergency action or immediate response.
Marine Pollution Controller
The person responsible for the overall management of a tier two/three response to an incident and supports the Incident Controller at a senior management level. This person has high-level liaison with Government departments, industry representatives and the media.
National Plan The National Plan for Maritime Environmental Emergencies, and all policy, guidance and advisory documents produced in support of that document.
Operations Section
The functional group responsible for implementing the operational requirements of the response as defined in the Incident Action Plan.
Planning Section The functional group responsible for the provision of information on all aspects of an incident and the development of an Incident Action Plan.
Recovery A coordinated process of providing support to communities dealing with the impacts of an emergency, with the aim of returning social, economic, infrastructure and natural environments to an effective level of functioning.
Recovery Taskforce
A Tasmanian Government unit established following a significant natural disaster or other emergency to support affected communities and coordinate a whole-of-government recovery effort.
State Controller / State Emergency Management Controller
Commissioner of Police is the State Emergency Management Controller (State Controller), with functions and powers established in section 11 of the Emergency Management Act 2006.
State Control Centre
Where whole-of-Government emergency management policy strategy, response and recovery is coordinated during an emergency.
State Emergency Management Committee
Established by section 7 of the Emergency Management Act 2006. It is chaired by the State Controller and may be convened to approve policy and broad strategy relating to emergencies (including terrorism) in the prevention and preparedness space.
Statutory Agency The State/NT or Commonwealth agency responsible for ensuring that an adequate spill response plan is prepared and, in the event of an incident, ensuring that a satisfactory response is implemented.
Support Agency An agency or company that provides essential services, personnel, material or advice in support of the control agency during the response to a maritime environmental emergency.
Tasmanian Marine Pollution Controller
The person responsible for the overall management of a Tasmanian Marine Pollution response this person supports the Incident Controller at a senior management level and is the Operational Controller in the State Control Centre when this State structure is enacted where high-level liaison with Government departments, industry representatives and the media are required.
Tasmanian State Waters
Waters within three nautical miles of Tasmania and its offshore islands, including Macquarie Island.
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1. Administration, Governance and Management
1.1 Introduction
This TasPlan documents the arrangements and procedures for prevention, preparedness, response and recovery from a marine pollution event in Tasmanian waters. As a State plan, it sits within the national framework under the National Plan for Maritime Environmental Emergencies (NatPlan) and in accordance with the Intergovernmental Agreement (IGA) on the National Plan to Combat Pollution of the Sea by Oil and other Noxious and Hazardous Substances. It is as an Associated Plan to the Tasmanian Emergency Management Arrangements (TEMA).
In terms of the legislative context, the State has the Pollution of Waters by Oil & Noxious Substances Act 1987 (PWONSA), which gives effect to certain parts of the MARPOL Convention and outlines protection measures for State Waters from pollution by oil and other noxious substances.
1.2 Scope
TasPlan applies to potential and actual pollution of the sea or harm to the marine environment by oil or hazardous and noxious substances, originating from:
• Maritime casualties requiring salvage and intervention, emergency towage and requests for a place of refuge
• Oil pollution or hazardous and noxious substance pollution incidents from vessels within state waters • Oil or hazardous and noxious substance pollution incidents from oil or chemical terminals • Oil or hazardous and noxious substance pollution incidents from offshore petroleum activities • Marine pollution or impending pollution in State waters originating from other waters • Marine pollution from unknown sources • Marine pollution from floating or sunken containers of hazardous materials • Debris originating from a maritime casualty, or • Physical damage caused by vessels
TasPlan does not address pollution of the marine environment from marine pest, ballast water or any other marine pollutant other than oil and hazardous and noxious substances.
1.2.1 Geographical scope
TasPlan applies to actual or potential oil or chemical spills in Tasmanian State Waters and shorelines as defined by PWONSA as:
• waters out to a 3 nautical mile limit from the territorial sea baseline of Tasmania and its offshore islands, including Macquarie Island and adjacent shorelines (see Figure 1)
• any marine or tidal waters landward of the baseline and land inundated by tidal waters to the highest landward extent but not including inland waters.
NatPlan applies beyond State Waters out to 200 nautical miles, covering Australian interests in the Australian Exclusive Economic Zone. (Note that Tasmanian State Waters are also described in the Living Marine Resources Management Act 1995 and Inland Fisheries Act 1995).
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Figure 1. Tasmanian Coastal Waters
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1.3 Interface with other plans and documents
Figure 2 depicts the hierarchy of plans for a marine oil spill emergency at the National level and the response arrangements in Tasmania. This shows that TasPlan sits under the NatPlan and alongside the TEMA.
Figure 2. Hierarchy of National and Tasmanian Plans
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1.3.3 National Plan
TasPlan supports NatPlan and draws on resources available under the national arrangements when necessary. Within this framework, Tasmania is a signatory to the Intergovernmental agreement (IGA) between the Commonwealth and State/NT Governments. The IGA outlines the division of responsibilities, co-operative arrangements and funding requirements of the State in preparedness and response to oil and chemical spills. International conventions and Australian legislation provide the legal context for NatPlan.
1.3.4 Tasmanian Emergency Management Arrangements
The Tasmanian Emergency Management Arrangements (TEMA) is administered by the Department of Police, Fire and Emergency Management (DPFEM) in accordance with the requirements of Section 32 of the Emergency Management Act 2006. The TEMA describes governance and coordination arrangements, and roles and responsibilities for emergency management in Tasmania. It outlines an ‘all hazards’ approach which includes marine pollution. This TasPlan is an Associated Plan to the TEMA.
EPA Tasmania is a Division of the Department of Primary Industries, Parks, Water and Environment (DPIPWE), which supports the Environment Protection Authority (EPA). It is the advisory agency and management authority for prevention and mitigation, preparedness and response for marine pollution incidents under TEMA.
The emergency management arrangements outlined under the TEMA will be applied when the consequences of an incident involving a marine oil or chemical spill go beyond the scope, authority and/or capacity of EPA Tasmania. The Tasmanian Marine Pollution Controller (TMPC) can perform the role of Operational Controller to the State Controller (SC) in the State Control Centre (SCC) to better effect such a situation. Figure 3 depicts the interaction between TEMA and Marine Oil Spill Response Structure (MOSRS). The Emergency Management Act 2006 details the powers of the State Controller, State functions and roles.
1.3.5 Deed of Agreement with TasPorts
A deed of agreement exists between TasPorts and the Crown outlining the commitment of both entities to act as Control Agency for oil spills within State Waters. EPA Tasmania acts as Control Agency for oil spills in State Waters and Level 2 and 3 oil spills in Ports Waters. TasPorts acts as Control Agency for Level 1 spills within Primary Port Waters; and at the request of the Crown (and as operational availability allows) acts as Control Agency for the State in circumstances where the EPA cannot meet response requirements of a spill in State Waters (see Reference document 1).
1.3.6 MOU with Tasmania Fire Service
The Tasmania Fire Service (TFS) responsibilities for oil and chemical response are outlined on page 19 of this Plan. A MOU between TFS and EPA Tasmania details the agreement between parties and the response arrangements. Briefly, in addition to Control Agency roles, TFS will provide aircraft and aerial tactical response requirements including air attack supervisors for aerial dispersant application, air observers and aircraft staging areas in support of a marine incident (see Reference document 2).
1.3.7 Offshore petroleum industry arrangements
Environmental management of titleholders for offshore petroleum operations in Commonwealth Waters are regulated by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) as per the Offshore Petroleum and Greenhouse Storage Act and Regulations 2009.
Where there is potential for an oil spill, from this type of activity to impact Tasmanian State Waters, the titleholder is responsible for having appropriate plans and resources in place to adequately respond to an oil spill incident in State waters commensurate with the level of introduced risk.
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Engagement with the Tasmanian Government is required from an operator in the planning and consultation process as well as development of mutually agreed processes in the event of an incident that has the potential to effect Tasmanian State Waters.
Details of the arrangements required of titleholders in relation to State Waters can be found in the Guidance Note for the Offshore Petroleum Industry – Marine Pollution Response and Consultation Arrangements.
1.3.8 Cross jurisdictional coordination arrangements
Due to the position of some Tasmanian offshore islands, the Control Agency for a spill with the potential to affect Tasmanian State Waters may be the Commonwealth or Victoria. In all circumstances where a spill has the potential to impact State waters the Control Agency must notify the Tasmanian Marine Pollution Controller (TMPC), who is the Director of the EPA. This contact can be established using the 24 hour EPA Tasmania Pollution hotline 1800 005 171.
In relation to State arrangements, the TMPC will alert the State Emergency Management Controller (SC), who is the Commissioner of Police, to ensure support and action required at a State level is activated where necessary. Specific protocols relating to the islands within Bass Strait, including those in the Hogan group, Kent group and a number of smaller islands located between Victoria and Tasmania, are available in the Islands of Bass Strait First Response Plan, which is a sub-plan of this Plan.
Once notified of a spill likely to, or with the potential to impact Tasmanian coastal waters, the following coordination arrangements will take place:
1. The TMPC (Director, EPA) will establish incident coordination arrangements with the relevant State Marine Pollution Controller (MPC) or AMSA representative. Incident co-ordination arrangements prepared and approved by both MPC’s will include:
• Common operating picture • Agreed priorities for the response operations • Resource allocation between jurisdictions, including allocation of National plan resources • Media and public information strategy • Government communication strategy • Triggers and arrangements for change of control agency
2. The TMPC advises the SC (Commissioner of Police) of arrangements and a decision regarding the State Control Centre (SCC) is made.
3. The TMPC appoints liaison officer to the adjoining State / Commonwealth Incident Management Team (IMT).
4. An advisory group to the TMPC is established to provide expert advice in wildlife options for the cross-jurisdictional area as pertains to Tasmanian waters and coastal areas, environment protection priorities, and resource availability and capability for deployment of Tasmanian resources. In most instances, this group will include a representative from TasPorts, the Environment and Science Coordinator (ESC), and a Wildlife officer.
5. In circumstances where the pollution crosses into Tasmanian State Waters, the TMPC will appoint an Incident Controller (IC). The advisory group to the TMPC will then become part of the Tasmanian IMT for the Tasmanian response.
6. In circumstances where a Victorian IMT and a Tasmanian IMT are established, the respective State Marine Pollution Controller (MPC) will establish priorities for a joint response and both IMTs will establish direct communications between the respective functional groups to enhance coordination efforts.
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1.4 Commonwealth Legislation
A range of international, national and state legal and administrative arrangements supports TasPlan. At the highest level, the International Maritime Organisation Conventions are implemented through the Commonwealth legislation shown in Table 1.
Table 3: Commonwealth legislation relevant to marine pollution response
Commonwealth legislation Authority Relevance to Marine Pollution Response
Protection of the Sea (Civil Liberty) Act 1981 and Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008
Australian Maritime Safety Authority (AMSA)
These Acts give effect to the international Civil Liability Convention for Oil Pollution Damage 1969 and 1992 amendments. It requires ship owners (carrying over 2,000 tonnes of oil in bulk as cargo) to have insurance for pollution damage
Protection of the Sea (Powers of Intervention) Act 1981
AMSA This Act empowers the Australian Government to take actions necessary to protect the coastline from damage arising from a pollution incident; including the removal of cargo or fuel from a stricken vessel, and taking charge of or sinking the vessel in Australia’s Exclusive Economic Zone, Territorial Sea or internal waters
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
AMSA This Act requires ships greater than 400 gross tonnes to have pollution emergency plans It also provides exemptions for the discharge of materials in response to marine pollution incidents (e.g. the application of dispersants and emergency discharges from ships)
Protection of the Sea (Shipping Levy Collection) Act 1981
AMSA This Act provides for the collection of a levy on vessels visiting Australian ports and sets out how the levy is collected
Protection of the Sea (Oil Pollution Compensation Fund) Act 1993
AMSA Provides compensation for oil spill damage above the limits available under the Civil Liability Convention and is funded by levies on oil companies
Australian Maritime Safety Authority Act 1990
AMSA Provides that a function of AMSA is to combat pollution in the marine environment
Environment Protection and Biodiversity Conservation Act 1999 (EPBC)
Australian Government, Department of Environment and Energy (DoEE)
Aims to protect natural resources and biodiversity; requires assessment of any act likely to cause significant effects; and response actions are exempted, provided they are in accordance with the National Plan
National Offshore Petroleum Safety and Environmental Management Authority 2014 (NOPSEMA)
National Offshore Petroleum Safety and Environmental Management Authority
As from 28 February 2014, NOPSEMA is the sole regulator for petroleum activities in Commonwealth waters that relate to matters listed as ‘protected’ under the EPBC Act. Impacts on the following matters protected under Part 3 of the EPBC Act will be assessed solely through NOPSEMA:
• World Heritage properties • National Heritage places • wetlands of international importance
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• listed threatened species and ecological communities
• listed migratory species • Commonwealth marine area
1.5 State Legislation
At a state level, the legislation shown in Table 1 applies to marine pollution responses.
Table 4. Acts relevant to marine pollution responses in Tasmanian State Waters
State Legislation Relevant Authority Application to TasPlan
Pollution of Waters by Oil and Noxious Substances Act 1987 (PWONSA)
Environment Protection Authority (EPA)
Designed to protect State Waters from pollution by oil and other substances and to give effect to certain parts of the MARPOL convention
Environmental Management and Pollution Control Act 1994 (EMPCA)
Environment Protection Authority (EPA)
Provides for the management of the environment and the control of pollution
Emergency Management Act 2006 (EMA)
Department of Police, Fire and Emergency Management (DPFEM)
Provides for the protection of life, property and the environment in a declared State emergency by outlining prevention, preparedness, response and recovery procedures
Tasmanian Ports Corporation Act 2005
Tasmanian Ports Corporation Pty Ltd (TasPorts)
Sets out administrative arrangements for TasPorts
Marine and Safety Authority Act 1997
Marine and Safety Tasmania (MAST)
Sets out powers to ensure the safe operation of vessels in Tasmanian State waters
Petroleum (Submerged Lands) Act 1982
Mineral Resources Tasmania (MRT)
Provides for the exploration for petroleum and other resources in areas adjacent to the coast of Tasmania and for the sustainable exploitation of these resources
1.6 Governance
1.6.1 National Committees
In accordance with the national direction for a coordinated, integrated and accountable system for managing maritime environmental emergencies, Tasmania contributes to policy and direction through representation on the National Strategic Coordination Committee and ensures appropriate technical input reflecting Tasmania’s position through representation on specific working groups at the national level.
1.6.2 State Marine Pollution Committee
The State Marine Pollution Committee (SMPC) is responsible for administering TasPlan and ensuring that marine pollution response arrangements in Tasmania are in a satisfactory state of preparedness at all times. Membership of the SMPC includes representatives from agencies with legislative responsibilities as well as other relevant representatives (see Table 5). Membership and meeting conventions are described in Section 35 and 36 of the Pollution of Waters by Oil and Noxious Substances Act 1987. The SMPC has the following functions: • Maintain Tasmanian’s marine pollution contingency plans • Inform and advise the Government on marine pollution caused by discharges from ships
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• Assist and advise the IMT during an incident • Make recommendations on the training, preparedness and equipment necessary to combat such
discharges.
During a response, the SMPC is designated with making recommendations, monitoring implementation of decisions, and facilitating communication between the Government and persons dealing with the pollution incident. In the first instance and for smaller events, this is done as a committee to the TMPC. In larger incidences where the SCC is enacted, the members of the SMPC will form part of the State Emergency Management Team to the Operational Controller and the State Controller, and coordinate provision of advice to the Government as part of this team.
Table 5: State Marine Pollution Committee (SMPC) Members
Note: depending on circumstances, the Chair of the SMPC may direct (for the purposes of responding to the incident) that any person or representative can be excluded or additional representatives added to the committee
1.6.3 State Control Centre
A large-scale multi-agency response will require the facilitation and management of strategic coordinated communications, and a single point of contact for the briefing of governments. In addition, resolution of multi-jurisdictional policy and legislative issues and collaboration between all parties on behalf of the Control Agency will be required.
Members Primary legislative basis
A EPA Director Pollution of Waters by Oil and Noxious Substances Act 1987
B The State Oil Pollution Control Officer (SOPCO), DPIPWE or a deputy nominated by the Secretary, DPIPWE
Pollution of Waters by Oil and Noxious Substances Act 1987
C And a representative of each of the following bodies:
State Emergency Service (SES) The responsible Department in relation to the Emergency Management Act 2006
Water and Marine Resources Division, Marine Farming Branch
The responsible Department in relation to the Living Marine Resources Management Act 1995
Department State Growth The responsible Department in relation to the Transport Act 1981
Tasmania Police (TasPol) The responsible Department in relation to the Police Service Act 2003
Local Government Association of Tasmania (LGAT)
Councils are a recognised support agency assisting with environmental recovery under Tasmania’s Emergency Management Plan
Australian Marine Oil Spill Centre Proprietary Limited (AMOSC)
Requirement under Section 25 of PWONSA
Australian Maritime Safety Authority (AMSA)
Australian Maritime Safety Authority Act 1990 (Commonwealth)
Tasmanian Ports Association (TasPorts) Deed of agreement
Marine and Safety Tasmania (MAST) Marine and Safety Authority Act 1997, Deed of agreement
Marine Conservation Program, Wildlife Management Branch
The responsible Department in relation to the Nature Conservation Act 2002
Office of Security and Emergency Management, Department of Premier and Cabinet
The responsible Department in relation to recovery coordination.
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The TMPC will advise the SC regarding an incident requiring State strategic policy advice. Support from the State Control Centre (SCC) can then be coordinated through six main areas of expertise as required;
• Operational Controller • Recovery Adviser • Legal Adviser • Public Information Unit • Manager for the State Control Centre • Policy Adviser.
The TEMA also identifies arrangements for Regional and Municipal Emergency Management functions that feed upwards to the SC. These sit parallel to any initial IMT formed in oil pollution response (see Figure 3). The relationship for a State response and a single agency response is outlined in the TEMA.
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Figure 3. Interaction between TEMA Structure and Marine Oil Spill Response Structure Note: dotted lines indicate partial or whole use of committee function is possible
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1.7 Roles and Responsibilities
1.7.1 Jurisdictional authority
EPA Tasmania is the designated jurisdictional authority for maritime environmental emergencies in Tasmania – specifically oil pollution and noxious substance pollution events. EPA Tasmania manages the legislation, plans and preparation activities and works closely with Control Agencies to ensure that preparation for incident response is adequate. The EPA Director is the TMPC and has powers relating to pollution events under Pollution of Waters by Oil and Noxious Substances Act 1987.
1.7.2 Control agencies
Four control agencies can be named for Tasmanian waters:
1. EPA Tasmania is the Control Agency for State Waters and maintains a 24/7 hotline for reporting of all marine and chemical spills. The ability of EPA Tasmania to function effectively and independently as a Control Agency is limited to small spills only (see Point 2 below for further details).
2. TasPorts is the Control Agency for Primary Port Waters and maintains contingency plans for these areas. In addition, TasPorts delivers operational assistance as a Control Agency where required (and as TasPorts operational demands allow) to ensure Tasmania has operational capability for oil spills within Tasmanian State Waters extending outside Port limits. The details of this arrangement outlining the respective roles of EPA Tasmania and TasPorts as Control Agencies, are described in Schedule 5 of the Deed of Agreement between the Crown through the Department of Primary Industries, Parks, Water and Environment (DPIPWE), MAST and TasPorts (see Reference document 1).
3. Tasmanian Fire Service (TFS) acts as a Control Agency for incidents of petroleum products, and hazardous and noxious substances in State Waters.
4. The oil company or facility owner is responsible for incidences at their facility or terminal.
1.7.3 Support agencies
The support agencies in Tasmania and their agreed responsibilities during a response are listed below:
Local councils
Under current emergency arrangements, the TEMA lists local councils as an Assisting Support Agency for Pollution Management - Marine to:
• Assist TasPorts for spills in Port • Assist EPA for spills less than 3 nautical miles from the coast • Assist AMSA for spills more than 3 nautical miles from the coast
The TEMA guides and supports local councils in emergency arrangements while TasPlan, in consultation with Local Government Association of Tasmania (LGAT), has further defined council’s responsibilities for pollution management – marine. Councils will assist the Control Agency within their capacity with the following:
• Provide local advice on areas threatened or affected by pollution • Provide a Liaison Officer to the IMT • Assist clean-up operations particularly on shorelines • Assist with temporary storage of waste • Identify areas or reserves suitable for and provide assistance with establishing response staging posts.
Marine and Safety Tasmania
Marine and Safety Tasmania (MAST) will:
• Give effect to the Deed of Agreement
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• Assess and approve request for place of refuge
Department Primary Industries Parks Water and Environment
A number of divisions of the Department of Primary Industries, Parks, Water and Environment (DPIPWE) contribute support roles in a maritime environmental incident.
EPA Tasmania EPA Tasmania is the Division of DPIPWE, which supports the EPA. In addition to jurisdictional and control agency functions, EPA Tasmania will provide support functions including the following:
• Provide expert advice where required to the SMPC and IC • Conduct legal investigations and initiate prosecution proceedings as appropriate
Natural and Cultural Heritage, Wildlife Management Branch When required, the Natural and Cultural Heritage (NCH) Division will:
• Activate the Tasmanian Oiled Wildlife Response Plan (WildPlan) • Provide advice and recommendations to the SMPC on wildlife management issues during a spill
response • Provide an observer on the initial reconnaissance flight • Manage the rescue and rehabilitation of oiled wildlife
Parks and Wildlife Service When required, the Parks and Wildlife Service (PWS) will: • Provide advice and recommendations to the SMPC with respect to National Parks and reserves • Assist with the rescue and rehabilitation of oiled wildlife
Water and Marine Resources, Marine Farming Branch When required the Water and Marine Resources (WMR) Division will activate the Marine Resources Fisheries and Marine Farming Oil Spill Contingency Plan.
Natural and Cultural Heritage, Aboriginal Heritage Tasmania Branch When requested, Aboriginal Heritage Tasmania (AHT) will provide advice on areas of Aboriginal cultural significance that may be impacted during an oil spill response. This advice will include information about areas that must be protected and may result in restricted access.
Department of State Growth
Infrastructure Tasmania Infrastructure Tasmania will provide a liaison officer when requested by the IC.
Department of Premier and Cabinet
Office of Security and Emergency management The Office of Security and Emergency Management (OSEM) in the Department of Premier and Cabinet (DPAC) is the lead agency for recovery, and is responsible for assessing long term recovery needs and coordinating recovery activities across government agencies.
DPAC will:
• Provide a recovery officer to the IMT when requested by the IC • Create a rapid impact assessment for the incident • Coordinate the provision of personnel support from the Interoperability Register as required • Provide a State Recovery Advisor to determine recovery needs when the SCC is activated.
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Department of Police, Fire and Emergency Management
Tasmania Fire Service The Tasmania Fire Service (TFS) will:
• Deliver services as detailed in Section 9 of the MOU (see Reference document 2) between the TFS and EPA Tasmania, relating to marine pollution events. Specifically, the provision of air attack supervisors and aerial observers for delivery of tactical activity and information gathering
• TFS is the Control Agency for marine incidents of hazardous and noxious substances and petrol related spills
State Emergency Service When required, the State Emergency Service (SES) may have capacity to:
• Provide staff and asset assistance to the operational response within capacity • Receive and manage requests for Defence Assistance to the Civil Community (DACC) through the
Commonwealth Department of Defence in accordance with the TEMA. If a SCC is activated this function is co-ordinated through the SCC (note that it is important that AMSA are kept fully informed should this process be initiated)
Tasmania Police When requested, Tasmania Police will:
• Provide traffic and crowd control (land and sea) • Provide area clearance
Department of Health and Human Services
Tasmanian Ambulance Service The Tasmanian Ambulance Service will:
• Provide first aid and patient transport services • Co-ordinate medical supervision in remote locations • Liaise with St John Ambulance for additional first aid services
Australian Antarctic Division
The Australian Antarctic Division (AAD) will:
• Activate the Macquarie Island Fuel Spill Contingency Plan • Liaise with and provide support to the SMPC for spill response on Macquarie Island
Australian Marine Oil Spill Centre
The Australian Marine Oil Spill Centre (AMOSC) is an industry funded response facility based in Geelong, Victoria. It manages the Australian Marine Oil Spill Plan (AMOSPlan), which is an industry cooperative plan outlining response arrangements for the Australian oil and associated industries. It owns oil spill response equipment and manages a team of oil spill response trained personnel from the industry. Both equipment and personnel are available to the National Plan. A Master Service Contract is in place between AMOSC and AMSA, enabling AMSA to hire equipment and personnel from AMOSC on behalf of the National Plan.
To access oil spill response resources owned by AMOSC or participating companies, the TMPC will channel a request through the appropriate AMSA representative. The industry cooperative oil spill response arrangements are detailed in AMOSPlan.
Volunteering Tasmania
Volunteering Tasmania provides support to disaster and emergency management organisations to manage volunteers through a system called Emergency Volunteering, Community Response to Extreme Weather (EV CREW).
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The TMPC may consider the use of volunteers, or the engagement of volunteer involving organisations, to assist during an emergency event. Volunteers in oil spill response are predominantly used in the wildlife recovery and rehabilitation efforts.
The Office of Security and Emergency Management within DPAC manages the Tasmanian Government Memorandum of Understanding with Volunteering Tasmania in relation to EV CREW. As such, Volunteering Tasmania may be utilised to liaise with the TMPC as part of the IMT structure.
1.8 Strategic Management of Risk
Tasmania’s marine and coastal environments contain some of the most distinctive flora and fauna in the world in terms of composition and diversity. A number of major international and domestic shipping routes operate around the coastline and numerous gas and oil wells are located off the coast of Tasmania in the Bass, Otway and Gippsland Basins (see Figure 4). Although these installations are not located within Tasmanian State Waters, incidents in these waters have the potential to impact on the Tasmanian coastline, particularly the offshore islands.
The data on natural values and shipping activities have been collated into two integrated layers within the Oil Spill Response Atlas (OSRA). The first layer known as the Marine Environmental Prioritisation Project (MEPP) depicts the natural values, according to a ranking system of priority for protection. Using this system, the coastline is segmented into 20km coastal strips and ranked according to the highest natural value within that section. The shipping data, both qualitative and quantitative, has also been measured in 20km segments for likelihood and severity of an oil spill. Segments of high vessel traffic also included additional data on commercial, social and heritage values and sensitivity to oiling. These values are combined specifically with the values of high and very high marine environment protection, creating a layer called the Marine Oil Spill Sensitivity Rating (MOSR).
Together the MEPP and MOSR layers provide Tasmania with a strategic approach to risk management and preparedness for oil spill incidents in areas of very high natural values, and areas of high likelihood of oiling (see Figure 5). This approach allows informed decision making regarding Tasmania’s management of: • Protection priorities • Preparedness: including management and choice of equipment, training, capability requirements and
exercising priorities particularly linking to location priorities and • Oil spill response options including first strike response plans
The map layers with access restrictions are available on the List.
Notes: • The MEPP and MOSR layers provide rapid access to a complex set of data, and should be seen as a
useful tool, not a definitive guide. The report for the data underlying the layers needs to be accessed for more accurate understandings.
• In terms of actual response situations, the Environment and Science Coordinator will have access to the most up to date information and will collate and provide considered advice to the Incident Controller for response strategies.
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Figure 4. Shipping routes, traffic and petroleum infrastructure in south east Australia
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Figure 5. High Ranking Areas for Strategic Risk Management
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2. Prevention
2.1 Scoping Statement
Prevention within the scope of Tasmania’s contingency planning refers to actions taken to prevent or minimise the release of marine pollution from a maritime casualty. This includes:
• Responsibility of the vessel owner • Salvage arrangements • State emergency towage arrangements • State guidelines for a place of refuge • Incident management system
Maritime casualty incidents within Tasmanian coastal waters is the responsibility of the State Government. In all cases of a maritime casualty, Tasmania may request assistance from AMSA or that AMSA manage the incident on Tasmania’s behalf.
2.2 Responsibility of the vessel owner
In the event of an incident involving a damaged or disabled vessel, it is the responsibility of the owner and master to ensure the safety of their vessel and cargo. Actions may include:
• Engagement of emergency towage services • Engagement of salvage contractors • Establishing effective communication with the relevant Australian authorities to inform of actions being
taken.
In Tasmanian State Waters, the vessel master is required to report incidents to MAST.
2.3 Salvage Arrangements
In the event of a maritime incident involving a damaged or disabled vessel, it is important that the salvage industry be involved in the response as soon as possible.
Salvage activities may need to be arranged for taking the vessel in tow, re-floating a grounded vessel, or reducing or stopping a discharge of pollutant to minimise environmental damage. The owner of the vessel will normally appoint a salvage contractor. However, in cases where this does not occur, for whatever reason, an Authorized Officer may use the powers of intervention under section 26A of the Pollution of Waters by Oil and Noxious Substances Act 1987 (PWONSA) to issue a direction or take control of the vessel (in State Waters) and take appropriate action.
Alternatively, the Maritime Emergency Response Commander (MERCOM) may intervene to take control of the casualty in Commonwealth waters or in circumstances where the State has requested assistance from AMSA. The MERCOM is appointed by AMSA and is supported by statutory powers under the Protection of the Sea (Powers of Intervention) Act 1981. The MERCOM may also activate towage vessels under the National Maritime Emergency Response Arrangements (NMERA).
When a salvor is involved in the response, it is important for good communications to be established and maintained between the Incident Controller (IC), whether under State or AMSA jurisdiction, and the salvor. If the situation requires, the IC may appoint a person with appropriate marine qualifications as the Maritime Casualty Officer. The role of this person is to remain on board the casualty vessel (provided it is safe to do so) and provide the IC and/or Marine Pollution Controller (MPC) with the best available information regarding the salvage operation and actions being taken by the salvor.
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During incidents involving a complex casualty situation, the need may arise for the IC, MPC or MERCOM to have access to independent salvage advice. AMSA has identified a number of suitable companies, which can provide independent advice on the salvage operation, including whether the proposed salvage operations are appropriate or feasible.
2.4 Emergency Towage Arrangements
Under NMERA, AMSA has contracted a number of Emergency Towage Vessels (ETVs) to provide a minimum level of emergency towage capability to deal with a significant, or potentially significant, threat to Australia’s marine environment.
Emergency Towage arrangements for the waters surrounding Tasmania are managed and delivered from a base in Geelong as part of the Australia wide contract with AMSA. Local capability within Tasmania is limited to harbour towage in protected waters. TasPorts is the provider of this service and provides assistance in emergency situations when requested, on a commercial basis, to the level that harbour towage skills and resources allow.
As far as possible, all emergency towage requests should be made through AMSA’s Joint Rescue Coordination Centre (JRCC) on the 24 hour emergency hotline 1800 641 792.
2.5 Places of Refuge
A place of refuge is where a vessel that is in need of assistance can find favourable conditions enabling it to take action to stabilise its condition, protect human life and reduce the hazards to navigation and the environment. Within Australia, only a state or territory government agency or AMSA has the authority to assess and grant a place of refuge request from a vessel.
The National Maritime Place of Refuge Risk Assessment Guidelines is an arrangement, agreed by the Commonwealth, State and Northern Territory governments, for the management of requests for, or circumstances that require a place of refuge for vessels in need of assistance during a marine transport emergency. Outside State Waters, the relevant authority is AMSA. As far as possible, all place of refuge requests should be made through JRCC Australia.
In Tasmania, for State Waters outside of designated primary port areas, MAST has the authority to grant a request for Place of Refuge. If it is determined, the State will carry on with the Place of Refuge assessment. A representative from MAST, Tasmania’s Harbour Master, the TMPC and the ESC will meet to formalise the assessment process. This will include adherence to the national guidance document for due process of the assessment, including consideration to the following:
• The safety of the vessel’s crew, passengers and salvage crew • The safety of human life and health within the immediate vicinity of the distressed vessel • Ecological and cultural resources, and the marine, coastal and terrestrial environments • The safety of the vessel and its cargo • Economic and socio-economic infrastructure, including sensitive installations, within the coastal zone
and port.
Alternatively, if the State is unable to manage the request, assessment will be handed to the JRCC and MERCOM for processing and action.
2.6 Maritime Emergency Response Commander
AMSA will appoint a Maritime Emergency Response Commander MERCOM to act on its behalf during a shipping casualty. The MERCOM is supported by statutory powers under the Protection of the Sea (Powers of Intervention) Act 1981 and is responsible for the management of responses to shipping incidents in Commonwealth waters. It has intervention powers to take measures that may be necessary to prevent,
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mitigate or eliminate a risk of significant pollution, including the power to direct a Port Authority to release a vessel to provide emergency assistance to a vessel at risk or designate a place of refuge.
The MERCOM has appropriate statutory powers to enable effective decision-making consistent with the NMERA.
MERCOM will implement a Maritime Casualty Control Unit (MCCU) for significant incidents. The processes for implementation and operation of the MCCU are detailed within the AMSA Maritime Casualty Management Guidelines.
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3. Preparedness Tasmania manages the State requirement for the preparedness for marine pollution events of oil and other noxious substances, through six main functions. These are:
• Contingency planning • Capability development • Training and development • Exercises • Extension to focus groups • Research projects
3.1 Contingency Planning
3.1.1 First strike plans
First strike plans outline the type of spill scenario likely for the identified area, including information on: the type and quantities of fuel expected, significant conservation values and resources, sensitive sites in the area and some suggested response options.
First strike plans are currently available for:
• River Derwent • D’Entrecasteaux Channel
First strike plans are being finalised for the following areas:
• King Island • Ringarooma Bay • Bass Strait Islands • Port Davey.
The plans use information from the Marine Environmental Prioritisation Project (MEPP) and Marine Oil Spill Sensitivity Rating MOSR layers of OSRA to identify sensitive resources and outline strategies to minimise the impact of a pollution event. Some of these plans specifically address preparedness issues required for a remote response.
3.1.2 TasPorts Oil Spill Contingency Plan
The TasPorts Oil Spill Contingency Plan (OSCP) applies to actual or potential oil spills of Level 1 magnitude within the area of operation as defined by the Deed of Agreement. Subject to operational constraints, TasPorts undertakes to provide personnel and resources to assist the Crown to respond to all oil spills beyond the scope of the TasPorts OSCP including all State Waters as set out in Schedule 5 of the Deed of Agreement (see Reference document 1).
3.1.3 Facility plans
Individual oil companies maintain OSCP’s for both on-shore and offshore installations. These plans need to include response preparedness actions commensurate with risk associated with impacts to Tasmanian State Waters and detail how the company will ensure effective response actions within the State IMT structure.
3.1.4 Australian Marine Oil Spill Plan
Australian Marine Oil Spill Plan (AMOSPlan) is an industry cooperative plan outlining response arrangements for the Australian oil and associated industries. It is managed by AMOSC based in Geelong, Victoria. A master service contract is in place between AMOSC and AMSA, enabling AMSA to hire equipment and personnel from AMOSC on behalf of the National Plan. To access oil spill response
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resources owned by AMOSC or participating companies the TMPC will make a request through the appropriate AMSA representative.
3.1.5 Victorian Marine Oil Spill Contingency Plan
The Victorian Marine Oil Spill Contingency Plan (VicPlan) covers all spills of oil and other noxious or hazardous substances into Victorian State Waters. Arrangements with Victoria relating to a remote response in the Bass Strait island group will be detailed in the Islands of the Bass Strait First Strike Plan. Cross-jurisdictional arrangements with Victoria are outlined in Section 1 of this Plan.
3.1.6 Macquarie Island Fuel Spill Contingency Plan
The Macquarie Island Fuel Spill Contingency Plan has been written, and is managed, by the Australian Antarctic Division (AAD), and covers the response for land and sea pollution arising from AAD operations. It will also be used as a sub plan to TasPlan in the initial on site response to marine oil spill events from activities outside AAD operations. The AAD will provide equipment and resources as described in the Macquarie Island Fuel Spill Contingency Plan to assist the Crown in oil spill response.
Note: Transport of NatPlan equipment to Macquarie Island will require a ship or airdrop of parcels that can be collected via Inflatable Rescue Boat (IRB) in the waters close to Macquarie Island as no landing of aircraft is possible on Macquarie Island. Strict Biosecurity conditions apply to all equipment and personnel visiting Macquarie Island. Contact must be made with the Tasmania PWS Macquarie Island Executive Officer on (03) 6165 4051 or 0427 366 488.
3.1.7 Tasmanian Oiled Wildlife Response Plan
The Tasmanian Oiled Wildlife Response Plan (WildPlan), which is administered by Natural and Cultural Heritage (NCH) of DPIPWE, outlines priorities and procedures for the rescue and rehabilitation of oiled wildlife. A Wildlife Co-ordinator will be appointed from NCH and work within the IMT as a unit of the Operations section. Wildlife rehabilitation centres will be determined on an as-required basis in accordance with WildPlan.
3.1.8 Marine Farming Branch sub-plan
The Water and Marine Resources, Marine Farming Branch of DPIPWE administer the Marine Farming Branch Sub-plan. The aim of the Marine Resources Fisheries and Marine Farming Oil Spill Contingency Plan is to describe the responsibilities, functional relationships and procedures for the provision of support, protection and clean-up of a marine oil spill in the State of Tasmania, particularly with respect to Tasmania’s fisheries and marine farms.
3.1.9 Waste management
Oil spill response activities generate large amounts of oil and oily wastes. In any response, the hierarchy of waste management should be rigorously applied to minimise the amount of waste that must ultimately be disposed of. Oil and oily wastes are classified as controlled wastes under the Environmental Management and Pollution Control (Waste Management) Regulations 2010 and there are specific approvals required for the transport, storage, reuse and/or disposal of these materials.
Options for the disposal of oily wastes are limited in Tasmania. In a large response, final disposal sites will need to be negotiated with the relevant local authorities. Currently, Port Latta is the only Tasmanian facility approved to receive oily wastes. The Tasmanian Oil Spill Waste Management Plan, is managed by the Waste Management Section of the EPA and provides direction in oily waste management for Tasmania. AMSA also provides Guidelines for the Management and Disposal of Oil Spill Debris.
3.1.10 Public information
The Public Information Sub-plan focusses on the roles and responsibilities involved in gathering, assembling and disseminating timely, tailored and relevant information to stakeholders outside the IMT. The
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organisation of the Public Information unit is the responsibility of DPIPWE and includes information and warnings, media and community liaison as depicted in the Australian Inter-service Incident Management System (AIIMS) structure. Large-scale responses will enact the State Public Information Unit. This resource is available when requested by the TMPC, and is stood up automatically if the SCC is activated.
3.2 Capability
3.2.1 Personnel
Tasmania has several options to source personnel for oil spill response. Engaging staff will depend on availability and the particular demands and skill set required in the response setting.
State Response Team members
Persons nominated for the State Response Team are made up of individuals from TasPorts and State Government. These individuals have undergone specific training (nominated persons are committed to training days each year to ensure currency in skills, and have in principle approval to attend incidents within the State). The list of skills required for the various functions are consistent with the National Response Team Policy (Reference NP-POL-002 AMSA). Tasmania’s trained personnel are listed in the National Emergency Management Operations (NEMO) contacts for Tasmania.
EPA Tasmania trained persons
EPA Tasmania has a number of personnel trained for roles within the IMT structure. Finance, administration and planning functions are a primary focus. A small group of trained individuals in field roles also exists, primarily to cater for first strike response. These people have undergone formal training but may not necessarily undertake training on a yearly basis.
Tasmanian Ports trained personnel
TasPorts have persons trained in specialist roles for operations, IC and other IMT functional roles as well as supplying personnel trained in equipment deployment. These people have undergone formal training but may not necessarily undertake training on a yearly basis. TasPorts staff are trained in equipment deployment according to the maintenance schedule. They are able to participate in a yearly exercise co-ordinated by the State jurisdictional authority.
Interoperability government staff
State government employees who are willing to undertake short-term deployments to assist an agency dealing with an emergency have been compiled into a register. This register is regularly used to facilitate state government employees to participate in incidents outside their parent organisational field. The central register is maintained by DPAC Inter-Agency Capability Coordinator and can be accessed using a request from the IC to DPAC (Office of Security and Emergency Management). Interoperability registered staff have varied skills, training and knowledge.
National Response Team
The National Response Team (NRT) and the National Response Support Team (NRST) provides AMSA support to control agencies in the event of a large marine oil pollution incident. The Guideline on Accessing National Plan Support Arrangements (Reference NP-GUI-003 AMSA) sets out the initial notification of AMSA regards the mobilisation of NatPlan equipment and personnel.
Australian Marine Oil Spill Centre Core group
The Australian Marine Oil Spill Centre (AMOSC) core group members are available through request via AMSA or the State may elect to contact AMOSC direct with this request.
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3.2.2 Equipment
This section covers the protection, collection and containment of oil spill response equipment across various jurisdictions.
Tasmanian stockpile
A list of all response equipment held in Tasmania is listed on NEMO and the locations are shown on the LIST as a map layer.
National stockpile
The National Plan stockpile of equipment is located in Devonport, and is under the direction and control of Crisis, Preparedness and Response (CPR), AMSA. Release of this equipment must be authorised by the AMSA CPR Manager or Duty Officer.
Victoria resources
For response operations in Bass Strait, equipment sourced and deployed from the Victorian Port of Hastings, Mornington Peninsula is Tasmania’s first strike option. Details of this arrangement are outlined in the Bass Strait Island First Strike Plan. Use of Victorian equipment and resources outside the Bass Strait region should follow the usual protocols for deployment of additional equipment.
Australian Marine Oil Spill Centre resources
Australian Marine Oil Spill Centre (AMOSC) equipment is located in Geelong and available through a request via the AMSA CPR Duty Officer.
Oiled wildlife equipment
The Oiled Wildlife Kit is located in the DPIPWE storage area at Mornington near Hobart. Release of this equipment, which includes a trailer available for first response wildlife rescue and cleaning, is under the direction of the Wildlife Officer. A dedicated wildlife container is available in the Tasmanian National Plan Stockpile. Requests for these resources should be made through AMSA.
Access to oil spill response equipment
The IC will make requests for access to the National stockpile and interstate equipment directly to the TMPC. The TMPC will then request the equipment through the CPR Duty Officer, AMSA. Equipment type, quantity, location and status is available via NEMO Public Portal. The CPR Duty Officer can be contacted through the Response Coordination Centre on 1800 641 792.
3.2.3 Vessels
Information with vessel capabilities can be located in NEMO. Access to vessels for State operations will be arranged through the Operations Officer within the IMT by contacting the following organisations/officers:
• TasPorts Operations Supervisor • EPA Coxswain • PWS Manager of Asset Management Systems • TasPol Marine and Rescue Services Inspector
Contact information is detailed in the Oil Spill Response - Contacts Directory.
During an incident, there may be the requirement to charter local vessels to assist in response operations. A proforma for limited or direct sourcing of emergency procurements is available as part of DPIPWE’s finance forms and procedures.
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3.2.4 Aircraft
The TFS will supply the air operations officer and aerial trained crew for personnel tasked with the specialist roles of air observer and air attack supervisor. The details of this arrangement are included in a draft MOU between TFS and EPA (see Reference document 2).
TFS will source suitable aircraft for response operations in the first instance based on their standing contract arrangements. Should suitable aircraft not be available from TFS sources, additional aircraft will be sought under a separate agreement. Additional observers may be supplied from NRT personnel, including a Tasmanian NRT aerial observer.
A fixed wing aerial dispersant capability is managed on Tasmania’s behalf by AMSA. A request for this needs to be in accordance with the Guideline for Activation of the Fixed Wing Aerial Dispersant Capability Guidance (Reference NP-GUI-017) and in particular regard to the Concept of Operations contained within the guideline.
Note: Any transport of ground personnel using aircraft to area of required operations (e.g. Bass Strait Islands) may require personnel to undergo some basic safety drills (e.g. safe operations around aircraft). Supporting resources for assisting air observations include an AMSA online publication titled Identification of oil on water, Aerial Observation and Identification Guide.
3.2.5 Dispersant
The decision to use dispersant must be based on the belief that the dispersant will be effective and have a net environmental benefit. The Tasmanian Environmental Science Co-ordinator (ESC) will conduct a net environmental benefit analysis (NEBA) relating to dispersant use.
Approval for use of dispersants remains with the TMPC with advice provided by the ESC.
No State stockpile of dispersant is held in Tasmania. Engagement of the national contractor for Fixed Wing Aerial Dispersant Capability (FWADC) and use of the National Stockpile of dispersant is required. Under the FWADC, there are six primary aircraft and two secondary aircraft located throughout Australia, which are available on any one day. The nearest location to Tasmania is Ballarat, Victoria. Primary aircraft activation is based on a four-hour response time.
It is important to note that the FWADC does not include a stand-by arrangement and therefore a decision to activate the FWADC incurs a substantial daily charge in addition to charges for actual flying time. Access to this resource is through a request to AMSA following the guidance document for activation of the Fixed Wing Aerial Dispersant Capability Guidance (Reference NP-GUI-017).
3.2.6 Other resources
In a response operation the procurement of other equipment, including earthmoving equipment, amenities, storage and transport will be arranged under the direction of the IC as required. Local Government may be requested to supply earth moving and transport equipment.
3.3 Training and Development
EPA Tasmania coordinates training and the contact person is the Executive Officer of the SMPC.
The four main areas of training are:
1. Field based skills for equipment deployment and shoreline clean-up 2. IMT training in key functional roles including logistics, operations, planning and support roles within
these groupings 3. Skills maintenance program using a workshop-centred approach and focussing on effective working
groups within the IMT structure
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4. Specialist skills based training for particular groups such as mapping, wildlife handling and finance and administration.
3.4 Exercises
Exercises are co-ordinated by the EPA and the contact person is the Executive Officer of the SMPC. The SMPC has responsibility for ensuring that TasPlan is regularly exercised. Tasmania is committed to a multi-agency exercise each year. This may be a field deployment and / or IMT focus.
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3.5 Extension to Stakeholders
Agencies and individuals who may be involved in a response are engaged in specific discussions and meetings to assist understanding and integration in incident response. This includes volunteer groups, SES members, local clubs and people external to government with expert knowledge (e.g. veterinarians). Engagement activities occur according to events and as circumstances demand.
3.6 Research and Development
Research and development to improve the State response arrangements focuses on improving understanding in all areas of response, and is vital in addressing State capabilities and strategic directions. Areas of interest include improving the risk management values used in the Oil Spill Response Atlas (OSRA) layers, identifying and understanding emerging threats and areas of increased patterns of use. This is in order to assist decisions relating to first strike response, equipment purchase and placement, and training needs.
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4. Response
4.1 Response Strategies and Priorities
In the event of an oil spill in the marine environment, the following minimum measures should be employed depending upon the circumstances of the spill and the prevailing environmental conditions:
• If possible prevent, control or stop outflow of oil from the source • If coastal or marine resources are not threatened or likely to be threatened, continue to monitor the
spill • If coastal and marine resources are threatened, continue to carry out risk assessment, and activate
response operations to protect sensitive resources • If possible contain the spread of oil • If due to weather and sea conditions, response at sea is not feasible or protection of sensitive areas is
not feasible, or these have already been affected, determine appropriate shoreline clean-up priorities and other response measures
4.2 Protection Priorities
Protection priorities to be employed during a response to an oil spill are, in order of descending priority:
• Human safety and health • Habitat and cultural resources • Rare and/or endangered flora and fauna • Commercial resources, such as marine farms and • Amenities, such as beaches.
The Tasmanian Marine Environmental Prioritisation Project (MEPP) layer on the LIST provides a useful guide in determining natural value priorities, and the Marine Oil Spill Sensitivity Rating (MOSR) layer provides the priorities for cultural and other values in areas deemed high likelihood of oiling. The ESC will provide advice using this information and local information gathered at the time of the event, and will use these sources to prepare a NEBA and recommend priorities to the IC.
4.3 Initial Notification
Initial reports should be made to the State Oil Spill Control Officer (SOPCO) by contacting the 24 hour pollution hotline 1800 005 171. The SOPCO will then make an initial assessment and advise the following:
• The Chair of the State Marine Pollution Committee (SMPC) • TasPorts and/or • AMSA Duty Officer as relevant • Aboriginal Heritage Tasmania (AHT), DPIPWE should be contacted asap if the is spill likely to reach
the shoreline • Natural and Cultural Heritage (NCH) Wildlife Co-ordinator, DPIPWE should be contacted in the
event of an oil spill of any size via the 24hr Whale Hotline on 0427 942 597.
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Figure 6. Initial notification for oil spill response
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4.4 Initial Assessment
It is important that an initial assessment of the incident is carried out, preferably by trained personnel, providing the following information:
• Estimated size of spill • Type of substance • Location (including the legal jurisdiction of the waters where the spill has occurred) • Likelihood of the spill reaching land (assess tide and currents)
In the event of a large spill off the coast, or a spill in a remote location, it is recommended that the initial assessment should be undertaken by aerial surveillance. AMSA provides an online publication titled Identification of oil on water, Aerial Observation and Identification Guide.
4.5 Initial Reporting
After verbal advice has been provided to the TMPC and AMSA, the relevant Control Agency, as designated in Section 1.7 will provide a Pollution Report (POLREP) to EPA Tasmania and AMSA. A POLREP proforma is provided in the reference documents.
4.6 Incident Classification
Marine oil pollution incident response is based on the principle of proportionate response whereby the Control Agency, and amount of resources mobilised, will vary according to the scale and location of the incident. There are three levels of incidents, and activation procedures vary depending on level and location of incident. The level may change during the response, and the TMPC may determine that a Level 1 incident has increased to a Level 2 response according to the Guidance table for incident classification provided in NatPlan.
4.6.1 Level 1 incident
In general, Level 1 incidents are to be resolved through use of local or initial resources only and generally first strike response. Such incidents only require response within the boundaries of a berth, vessel or a small geographical area. They may include remote locations requiring aerial surveillance and a small team to access the incident. They are expected to require limited resources for clean-up operations over a short period.
Figure 7. Example of a Level 1 incident management structure
Incident Control
First Response Crew
SafetyLiaison
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Activation for a Level 1 spill within a primary port pilotage area
TasPorts will activate its Oil Spill Contingency Plan (OSCP) for Level 1 spills within the primary port pilotage areas (Ports are designated in Schedule 3 of the Deed of Agreement). For some Port areas, a first strike plan is also available to assist response actions.
EPA Tasmania will provide support to TasPorts in terms of Oil Spill Response Atlas (OSRA) outputs, trajectory modelling via AMSA, waste disposal options, as well as planning roles for the response relating to protection and land use. A list of the primary and secondary port pilotage areas is available in the response support information of this plan.
Activation for a Level 1 spill in State Waters outside primary port pilotage areas
EPA Tasmania will act as the Control Agency and where appropriate request the assistance of TasPorts to fulfil Control agency functions including provision of an IC, Resource Co-ordinator, Operations Officer and Marine Co-ordinator. A first strike plan may be available to use for the area concerned. The ESC should be notified to ensure a risk-based assessment is considered for the type, volume and location of spill.
4.6.2 Level 2 incident
A Level 2 incident is more complex in size, duration, resource management and risk, with likely impacts on public health and /or the environment. This level of response will be multi-jurisdictional with a large number of IMT functions and sections created; and is regarded as a routine multi-agency response. It would include support documents such as TasPlan and involve high-level coordination from the TMPC.
Figure 8. Example of a Level 2 incident management structure
Activation for Level 2 spills
The TMPC will determine if a spill has increased in size or complexity according to the Guidance for incident classification provided in NatPlan. If so, the TMPC will enlist the support of the SMPC to facilitate an increase in resources to the Control Agency or change the Control Agency if required.
Where a spill, previously managed as a level 1 spill in Port waters, has increased in size and complexity to a Level 2 response, the TasPorts IC will formally request assistance from the TMPC to enact the change management required.
Incident Control
Planning and Intelligence Operations
Sector Sector
Public Information Logisitics Finance
SafetyLiaison
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EPA Tasmania is the designated Control Agency for Level 2 oil spills. Where appropriate, the EPA will request the assistance of TasPorts to fulfil Control Agency functions including provision of an IC, Resource Co-ordinator, Operations Officer and Marine Co-ordinator.
A large State response requiring strategic leadership and co-ordination may involve the State Emergency Management Controller (SC) and utilise the resources of the State Control Centre (SCC), including municipal and regional resources as described in the TEMA.
4.6.3 Level 3 incident
Level 3 incidents are generally characterised by a high degree of complexity that requires the TMPC to use resources and expertise of the SMPC and may trigger activation of the SCC to manage the complex consequences surrounding the oil spill incident. The IC continues to manage the incident directly with a large IMT concentrating on strategic leadership for the team. This level of response will require agencies from across government and industry, and will require national or international resources.
Figure 9. Example of a fully expanded incident management structure
Activation for Level 3 spills
The Chair of the SMPC, in consultation with the relevant agencies and key stakeholders, will make the necessary decisions in relation to appropriate response actions and investigations. EPA Tasmania acts as the Control Agency with support from TasPorts when operationally possible (as per schedule 5 of the Deed of Agreement). The SCC and associated resources may be activated, and national and international resources may be deployed.
In all levels of incident response, the IC has a responsibility to continually assess the incident level and regularly confirm that assessment with the TMPC. AIIMS easily allows ramping up or down of resources to control and respond to an emergency, and the complexity of AIIMS structure used will be directly related to the complexity of an emergency.
Incident Control
Planning
Plans
Resources
Communicationsplanning
Managementsupport
Intelligence
Situation and analysis
Modelling and predictions
Technical advice
Mapping
Public Information
Information and warnings
Media
Community liaison
Operations
Divisions
Sectors
Strike teams and task forces
Single resources
Staging area
Air operations
Plant operations
Investigation
The structure of the
Investigation Section will be determined by
the specific nature of the
incident.
Logistics
Supply
Communications support
Facilities
Ground support
Medical services
Catering
Finance
Accounts
Compensation and insurance
Financial monitoring
Time keeping
SafetyLiaison
Deputy Incident Controller
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4.7 Situation Report
During an incident response, the IC will be responsible for issuing regular Situation Reports (SITREPs) to ensure that key internal stakeholders and relevant agencies, including DPIPWE and AMSA, are kept advised of any significant developments. A SITREP proforma is provided in the support documentation of this Plan.
4.8 Incident Management System
The incident management system used for a marine pollution incident is consistent with the Australian Inter-service Incident Management System (AIIMS).
Operational control of an oil spill incident is the responsibility of the relevant Control Agency as outlined in Section 1.7. The Control Agency will appoint an IC who is responsible for the mobilisation of a suitable Incident Management Team (IMT) and Incident Control System (ICS) to meet the requirements of the response. The AIIMS is the preferred ICS for marine pollution incidents unless otherwise stated by the Jurisdictional Authority.
The AIIMS consists of five functions, which can be adapted for any incident. They are: • Control - management of all activities necessary for the resolution of an incident • Planning - collection and analysis of information and the development of plans for the resolution of an
incident • Public Information - provision of warnings, information and advice to the public, liaison with the media
and engagement with affected communities • Operations - tasking and application of resources to achieve resolution of an incident • Logistics - acquisition and provision of human and physical resources, facilities, services and materials
to support achievement of incident objectives.
It is expected in most oil pollution events where EPA Tasmania is the Control Agency; a finance functional role will also be designated. Responsibility for each functional group is usually delegated to a Section Officer who reports to the IC and forms part of the IMT. The number of staff required to fill positions in the IMT can be varied according to the size and complexity of the incident. In a major incident, all positions may be filled but in a lesser incident, one person may fill a number of positions. In a very small incident, it may only be necessary to appoint an IC who will be able to carry out all management functions with limited assistance.
The AIIMS model for managing an incident will be implemented using a web based management system called NEMO as used by AMSA. The Aide-memoire for Marine Pollution details roles and responsibilities, and provides a checklist for most functional roles, and examples of IMT structure diagrams. It will be referenced for all Tasmanian responses.
Contact details for Tasmanian IMT personnel are contained in Contacts within NEMO.
4.8.1 Web based incident management
Where a spill is managed by the EPA, the IMT will have access to NEMO which is the web based management system administered through AMSA. This system houses all Tasmania’s contact and equipment data as well as the necessary proformas for use during a response. This system provides a platform for each functional area to manage document and response structures. NEMO access is available for all responders and can be obtained by contacting the SMPC Executive Officer.
4.8.2 Incident control centre
In order to maintain control during a maritime incident response, there is only one Incident Control Centre (ICC) and the IC works from this centre. If the TMPC is activated, this person will be based initially at EPA Tasmania in Hobart.
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The location of the ICC will vary depending upon the location of the spill. For spills within or close to the major port areas, the Port Authority will use its pre-designated ICC. For spills remote from a port, the IC will select the most appropriate location for the ICC. If a forward command location is required when a maritime incident is remote from the ICC, there should be strong communication links between the forward command location and the ICC.
A list of probable incident control centres has been identified for level 1, 2 and 3 incidents within Tasmania.
4.8.3 Field based data collection
The DPIPWE Emergency GIS team will be integrated into the AIIMS structure to develop and deliver mapping data for the response. This team will provide situational awareness and sit within the Planning functional unit. An important aspect of this representation is via the field data collection tool ’Collector App’. This App is designed to allow shoreline assessments to be uploaded during a field assessment (or directly after when immediate connectivity is unreliable) to enable more immediate situation reports and dynamic management of the response activities. This field tool is simple and downloadable to any smart device or tablet. Both Android and Apple versions of the Collector App are available to download, and accessed through an application form and instruction sheet in this Plan.
4.9 Key Response Roles
Tasmanian Marine Pollution Controller
During a major incident response, (e.g., Level 2 or 3 spill response), the IC may request the assistance of the Chair, SMPC who will then fill the position of Tasmanian Marine Pollution Controller (TMPC). The TMPC will undertake the following:
• Liaison with the Office of the Premier, the Minister and his/her advisors • Oversee the media response through the Media Liaison Officer, Public Information Unit • Liaise with teams managing other aspects of the incident, including:
o Salvage o Fire response o Search and rescue o Protection and Indemnity Clubs o Safe haven issues.
In the event the major incident response has required the SCC to be activated, the TMPC will perform a dual function, secondly as the Operational Controller within the SCC. In this instance, the State Controller may perform some TMPC functions, including some public information functions undertaken by the Public Information Unit as necessary.
State Marine Pollution Committee
During a spill response, the State Marine Pollution Committee (SMPC) has the following functions:
• Make recommendations to the Director EPA (Chair SMPC), the IC and authorised officers • Co-ordinate the provision of advice to the Tasmanian Government and, as necessary, other levels of
government • Monitor the implementation of decisions taken by the Tasmanian Government and, as necessary, make
recommendations to the IC or other persons for remedial or further action • Facilitate communication between governments and persons involved in dealing with the spill
State Oil Pollution Control Officer
The State Oil Pollution Control Officer (SOPCO) has the following functions:
• Provide advice on ship-sourced marine oil pollution to the SMPC
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• Undertake initial assessment of an oil spill and alert TMPC regarding the size and extent of pollution for further response options
• Potentially remain the incident controller for spills where no span of control delegation required.
Incident Controller
Response to an oil spill in Tasmanian State Waters is co-ordinated by the Incident Controller (IC) who is appointed by the Control Agency. The Control Agency is generally the EPA but the EPA may delegate the role to TasPorts (when it is operationally possible for TasPorts to accept the role). TasPorts may unilaterally appoint an IC for a Level 1 incident within port limits. The IC is responsible for the management of all operations in response to an incident and has the following duties:
• Determine the extent of the response necessary • Determine the location of the ICC • Co-ordinate the IMT • Initiate and direct combat measures, clean up and disposal operations.
Environment and Science Coordinator
The Environment and Science Coordinator (ESC) is a specialist advisor position and reports to the TMPC and/or the IC depending on the type and complexity of a response. The role of the position is to provide timely, accurate and effective high-level scientific and environmental advice to the TMPC and/or IC. The ESC should be activated for all incidents, no matter what their size, where significant environmental impacts could occur.
Australian Maritime Safety Authority
During a response, the Australian Maritime Safety Authority (AMSA) will upon request: • Provide expert advice on combat and clean-up options to the IC • Liaise with other jurisdictions for the supply of additional National Plan equipment and personnel of
the NRT where necessary • Liaise with industry and international stockpile holders for the supply of oil spill response equipment
and personnel where necessary
National Response Team
Members of the National Response Team (NRT) are available to provide support across all response disciplines in the event of a major marine pollution event. The services of the NRT are available when an oil spill incident exceeds the resource availability of the State. It should be noted that the NRT consists of only nine persons per state and members are released at the discretion of the participating home State. Activation of the NRT is undertaken by AMSA following a request from the TMPC.
Protection and Indemnity Clubs
The third-party liabilities of the vessel owner, and any charterer, manager or operator of the vessel will generally be covered by mutual insurance associations called Protection and Indemnity (P&I) Clubs. The relevant P&I Club representatives should be involved at an early stage in any response. Verification of expenditure by the local representative may help to alleviate any difficulties that might occur when accounts are eventually submitted for payment.
Liaison Officers
When requested, each organisation involved in a response is to identify a Liaison Officer to be deployed to the ICC. It may not always be possible or appropriate for a person to be deployed to the ICC so liaison may be via telephone or scheduled meetings. The Liaison Officer is responsible for providing advice on the capabilities and status of the resources of their organisation and for briefing their organisation on the
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progress of operations. Wherever possible the Liaison Officer should also have a degree of authority to approve requests for support.
Overseas Assistance
In the event of a major oil spill, assistance may be sought from overseas in accordance with the International Convention on Oil Pollution Preparedness, Response and Cooperation (OPPRC). If required, AMSA can arrange for assistance from neighbouring countries through the NatPlan MOU.
4.10 Response Plans
First strike plans
For some areas, a First Strike Plan exists and can be used as the Response Plan in the first instance. As the response progresses a specific Incident Action Plan will be developed. Currently two first strike plans are available as outlined in Section 3 with four plans close to finalisation.
Incident action plans
The Planning Section, in consultation with the IC, will be responsible for developing an Incident Action Plan (IAP) together with relevant sub-plans that cover short-term operational objectives and activities. Initially the IAP may only cover the subsequent few hours, but as the response progresses it is likely to address the activities required over the following 24 hours or longer. An Incident Action Plan proforma can be found in the reference documents.
Strategic plans
A comprehensive Strategic Plan addressing the overall response should be developed for the incident. The SMPC is responsible for co-ordinating advice and making recommendations to the government and the IC.
Sub-plans to TasPlan
Depending on the nature of the incident, a variety of sub-plans to this TasPlan, addressing specific areas of the response, may need to be actioned. Some of these plans, which pre-exist, are listed in Table 6 along with the agency responsible for developing them. Other plans will need to be developed as part of the response including an IAP, aerial surveillance plan, and volunteer management plan.
Table 6. Tasmanian Marine Oil and Chemical Spill Contingency Plan Sub-plans
Plan Name Responsible Agency
First Strike Plans EPA Tasmania
TasPorts Oil Spill Contingency Plan TasPorts
AMOSPlan AMOSC
VicPlan Victorian Government
Macquarie Island Fuel Spill Contingency Plan Australian Antarctic Division
Oiled Wildlife (WildPlan) Natural and Cultural Heritage
Marine Farming Water & Marine Resources
Waste Management EPA Tasmania
Public Information EPA Tasmania
Work health and safety plan
The importance of human safety in any response operation is paramount. The EPA and its partner organisations must comply with all relevant legislation, and should implement AIIMS whenever appropriate,
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and as soon as practicable. Work Health and Safety (WHS) related documents can be sourced from AMSA and AMOSC to provide information about the hazards and risks of marine pollution response.
Under AIIMS, the IC has overall responsibility for ensuring the appropriate WHS arrangements are implemented to ensure the health and safety of incident responders. The IC may delegate an Incident Safety Advisor or Officer to support them. The Incident Safety Officer must prepare an Incident Safety Plan that addresses the identified risks and probability of hazards, and ensure that it is implemented for all phases of the response.
At the site of the incident, and in areas where the oil has impacted the environment, the Safety Officer will need to consider Volatile Organic Compounds (VOC) levels. VOCs are organic chemicals that have a high vapor pressure at ordinary room temperature and may be harmful to responders in the early response phase. A document outlining considerations relating to VOC levels is available in this TasPlan.
Under AIIMS, the Operations Officer is responsible for:
• Allocating resources to enable safe work practices to be implemented by personnel on the incident ground
• Implementing procedures for the welfare of Operations personnel • Implementing a process of briefing personnel before deployment, and when appropriate a process of
debriefing afterwards • Ensuring personnel are properly equipped for given tasks • Ensuring personnel are tasked to undertake only activities for which they are qualified • Ensuring personnel are informed of the situation at incident, in particular with respect to any issues
that could affect their health and safety • Identifying any new or emerging risks at the incident and ensuring these are managed effectively
Response personnel have specific responsibilities under the Work Health and Safety Act 2012, including:
• Taking responsibility for their health and safety • Ensuring that their acts or omissions do not impact on the health and safety of others • Compliance with safety instructions • Co-operation with WHS policies and procedures at the workplace.
Field Safety Officers (FSOs) should be provided when multiple field crews are assembled. All personnel engaged in response activities must be instructed in the WHS aspects of their area of activity. They must be provided with the safety equipment and clothing, and given training in its correct use appropriate to the activity being undertaken.
Aboriginal cultural heritage arrangements
The Aboriginal Relics Act 1975 is designed to protect “any artefact, painting, carving, engraving, arrangement of stones, midden or other object made or created by the original inhabitants …or any object, site or place that bears signs of activities…”. The most sensitive areas of the Tasmanian coastline in terms of Aboriginal cultural heritage are the sand dunes and beach areas. In most cases, the sand dunes or adjacent beach areas (from the high water mark to approximately 200-300 meters inland) contain midden sites and/or burial sites. Many sites are also found within small water inlets or rivers that are subject to the effects of tidal change
On ground response, personnel must be briefed on the potential presence of heritage sites prior to deployment and instructed to report any potential sites that may be located to the appropriate Supervisor/Coordinator/Officer who will then advise the IC. In the event of an oil spill within 5km of the Tasmanian coastline the following procedure will be followed:
• Aboriginal Heritage Tasmania (AHT), DPIPWE will be notified as soon as is practicable by the SOPCO. Contact details are contained in the Contact Directory
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• The IC or delegate will advise AHT on specific site/s that will be used for response operations and any potential impacts associated with the response to protect the coastline
• AHT will respond within a short time frame and advise if the endangered coastline contains sensitive Aboriginal cultural heritage
• If Aboriginal sites are identified within the area under threat, personnel from AHT will be deployed to guide and monitor access to the coastline
• AHT personnel will identify and assist with the clear marking of “No Go Zones”
4.11 Investigations
Responsibility
The EPA’s Compliance and Incident Response (CIR) section will be responsible for conducting legal investigations into Level 2 and 3 oil spills within Tasmanian State Waters in relation to environmental matters on behalf of the EPA. In addition, when requested, the CIR section will assist TasPorts to conduct investigations into Level 1 spills in waters over which TasPorts has jurisdiction.
Gathering of evidence by an Authorised Officer
The Pollution of Waters by Oil and Noxious Substances Act 1987 provides for the appointment of Authorised Officers for the purpose of obtaining evidence relating to an illegal discharge or a suspected illegal discharge of oil. An Authorised Officer has various powers including the power to board a vessel, take samples of any substances on board and investigate the suspected discharge. The immunity of Authorised Officers extends to persons acting on the authority of, or under the direction of an Authorised Officer, when acting in good faith and within the provisions of section 31 of Pollution of Waters by Oil and Noxious Substances Act 1987. A list of Authorised Officers is located within the Contact Directory.
Obtaining samples for evidence
It is the responsibility of the Authorised Officer investigating the incident to ensure that adequate samples are taken for analysis, both from the suspected source(s) of the pollutant and of the pollutant itself. The number of samples taken will be dependent on the nature of the incident. The samples must be taken without delay to minimise changes in composition due to weathering of the pollutant. Samples from the sea should, if possible, be taken before the oil is washed ashore. Every effort should be made to obtain an uncontaminated representative sample(s) of the pollutant for comparison purposes, particularly if prosecution is envisaged.
Evidentiary samples that may be introduced as evidence in court proceedings require that the physical control or continuity of a sample be documented during collection, transport and analysis. Samples are subject to strict chain-of-custody protocols and Authorised Officers must demonstrate the reliability of evidence by providing a documented record of custody of the samples and evidence of quality of results. Continuity of the samples must be maintained until the investigation is closed.
Chain-of-custody is required when samples are collected, transferred, stored, analysed and finally destroyed. A sample is in custody if it is in actual physical possession, in view after being in physical possession or in physical possession and locked up so that it cannot be tampered with. A chain-of-custody form is a written record to document continuity by tracing the possession of the sample from collection through introduction into evidence. The form is signed by the sampler to attest that the samples have always been secure whilst in their possession and could not have been tampered with at any stage. A chain-of-custody form must always accompany legal samples.
If a sample is delivered in person to the laboratory, the person must fill out a sample submission form as fully as possible, deliver the samples to the appropriate receiver at the laboratory and make a note of the receiver’s name. The receiver should sign the chain-of-custody form and keep the original form, while the
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provider should take a photocopy for their records. Guidelines for the collection of oil samples are found in the reference documents, along with the Submission and Chain of Custody form for oil sample
4.12 Termination of Clean-up Operations
The IC, in consultation with the ESC, will recommend termination of the response to the TMPC. In general, the decision to terminate active clean up is taken when efforts are not returning any tangible benefit and/or likely to increase the environmental harm if continued.
The ESC will consider termination points for all response clean-up actions through the NEBA process, incorporating a set of criteria (including environmental, cultural, community and heritage values), and will consider shoreline type, location and use as part of this process.
In addition to environmental factors, the IC will consider other factors particular to the individual response including other stakeholders such as industry and affected community. A signed agreement may be required between all stakeholders to the response on the clean-up termination position. It may be necessary to include a condition or an appendix to the agreement committing the polluter to take further clean-up at some future date if pollution of the shoreline occurs from further release of oil (e.g. by a sunken vessel or wreck).
4.13 Post Spill Monitoring
On-going monitoring of effected coastlines will be required and is currently the responsibility of the jurisdictional authority. Funding and plans for monitoring need to be secured at the start of the response.
4.14 Stand Down Procedures
Upon completion of a response operation, the IC or delegate should arrange recovery and cleaning of all equipment, and arrange their prompt return along with unused materials to the appropriate resource centre. Upon its return to the resource centre, the equipment should be thoroughly serviced in accordance with equipment maintenance schedules prior to being stored. The Control Agency must ensure that all costs incurred in returning equipment to the resource centre, including cleaning and servicing are included in the overall schedule list of costs submitted for reimbursement by the polluter.
4.15 Debriefing
Tasmanian incident response procedures adopt the Situation, Mission, Execution, Administration and Control (SMEACC) structure for reporting as described in the AMSA Aide-Memoire. A debrief procedure will be held for all teams across all areas of the incident by the responsible team leaders at the level of reporting required for the area of operation. A post incident debrief will be conducted by the lead agency as soon as practicable after termination of the response.
The post incident debrief should address, but not be restricted to:
• Spill causes (if known) • Speed of response activation • Effectiveness of combat tactics and strategies • Equipment suitability • Any WHS issues • Communications • The effectiveness of the integration of the plan and procedures with other response agencies.
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4.16 Post Incident Response Analysis
The jurisdictional authority (EPA Tasmania) is responsible for reviewing and reporting to other NatPlan stakeholders on the spill response. In practice, this is achieved through accordance with the Conduct of Post Event and Incident Analysis Guidance.
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5. Recovery
5.1 Scope
Recovery arrangements need to be established in the early days of a marine pollution event and will often continue after response activities have concluded. The State Special Emergency Management Plan – Recovery (State Recovery Plan) sets out Tasmania’s recovery arrangements and governance structures for the coordination in the short term (during the emergency response) and long term (after the emergency response).
5.2 National Plan Recovery Component
From the National Plan perspective, recovery from marine pollution has three distinct components:
• Recovery of costs for organisations involved in response arrangements and for communities, business and industry stakeholders that suffer loss resulting from pollution
• Rehabilitation of the environment which aims as far as possible to return the environment to its pre-incident condition or to a state that is considered an acceptable environmental outcome to jurisdictional authorities and key stakeholders
• Return of an affected socio-economic community to its pre-incident level of functioning
5.3 Tasmanian Recovery Functions
Within Tasmania, recovery is coordinated across four functional domains: environment, economic, infrastructure and social recovery. Each of these domains has a specific government agency responsible for coordinating, managing and reporting on activities. This allocation is in accordance with portfolio responsibilities in Table 7.
Table 7. Recovery functions and responsible agencies
Functional Domain Descriptor Responsible Agency
Social recovery Functions include actions to assess social impact, ensure safety, security and shelter, health and psychological wellbeing
Department of Health
Economic Functions include actions to assess economic impact, develop an economic recovery strategy, provide economic advice and financial assistance
Department of State Growth
Infrastructure Recovery functions include actions to restore utility services and critical transport services and restore critical infrastructure and transport assets
Department of State Growth
Environment Recovery functions include actions to protect natural and cultural assets and values and support primary producers and manage waste, pollution and biosecurity
Department of Primary Industries, Parks, Water and Environment
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5.4 Tasmanian Recovery Arrangements
Tasmania’s recovery arrangements are established under the Emergency Management Act 2006, Tasmanian Emergency Management Arrangements (TEMA) and State Special Emergency Management Plan – Recovery. These three documents outline roles and responsibilities, processes and procedures for recovery. Figure 10 outlines the Tasmanian framework for recovery.
In addition to general recovery arrangements, maritime environmental emergencies can encompass additional elements that should be considered when undertaking response operations. Engagement with the responsible party is an important factor in recovery plans. The response and recovery to maritime environmental emergencies is funded based on the ’polluter pays’ principle. For recovery, this means that all stakeholders should have clear and early engagement with the responsible party or their representative (eg insurer).The responsible party should be represented on recovery committees to enable a shared ownership of the recovery plan and its implementation.
The Department of Premier and Cabinet (DPAC) is the lead agency for recovery and responsible for coordinating and managing long term recovery efforts across government. For major incidents, the State Recovery Advisor (DPAC) is responsible for assessing recovery needs and advising government on long-term recovery coordination arrangements, including the potential establishment of a Recovery Taskforce.
Short term recovery
Short-term recovery covers the period during and immediately after an emergency event. Relief and recovery activities begin during the emergency response and are largely coordinated through emergency response governance structures.
A Recovery Officer will be appointed by the Incident Controller to attend the functional officer briefings delivered by the Incident Controller (IC) within the Incident Management Team (IMT) to gather first-hand information regarding the spill. In consultation with the State Recovery Advisor, the recovery officer will assess the severity of oil spill impact on communities and determine recovery needs.
If the State Control Centre (SCC) is activated, recovery assistance and activities will be coordinated by the State Recovery Advisor (SRA) under the direction of the State Controller (SC).
• The Control Agency is responsible for gathering information to inform a Rapid Impact Assessment (RIA). The RIA gives an initial indication of the nature and scale of an emergency’s impact on people, community infrastructure, economic, and natural and built environments, in order to inform appropriate action in the initial aftermath of an emergency event. The RIA is endorsed by the IC, and provided to the SC and SRA. TRAAAA
The SRA will consider recovery needs for the event and undertake a Needs Assessment in consultation with Department of Health, DPIPWE, Department of State Growth (DSG) and the EPA/IC. The Needs Assessment will be used to determine the level of recovery support and coordination, such as whether the government needs to provide State-level support to councils and/or establish a Recovery Taskforce to coordinate State-level recovery efforts across agencies.
Long term recovery
A maritime environmental emergency may have an impact on the people, communities and the livelihoods of those who live and work on and around the coastline. The transition into longer-term recovery will focus on understanding the impact on the affected communities so that people are empowered to participate in activities that restore community wellbeing and economic activity. The SRA will advise on recovery needs.
If State-level recovery coordination is required, the Tasmanian Premier will appoint a Recovery Coordinator who will establish a Recovery Taskforce. The Recovery Coordinator and Taskforce will develop long-term recovery plans and ensure whole of government coordination of recovery efforts. An
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Affected Area Recovery Committee with local government, industry and community membership will be established to coordinate recovery activities at the regional and local level.
Responsible agencies for recovery include DPAC, DPIPWE, DSG, and Department of Health. These agencies will lead the delivery of recovery activities within their functional area.
Financial and cost recovery arrangements
It should be noted that across all recovery function areas, all stakeholders should have clear and early engagement with the responsible party or their representative/insurer to enable funds to be recovered. The responsible party should also be represented on recovery committees to enable a shared ownership of the recovery plan and its implementation.
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6. Response Support Information The resources listed below have been developed to assist in responding to a marine pollution incident
First strike plans
Derwent River First Strike Plan D'Entrecasteaux Channel First Strike Plan King Island First Strike Plan (close to finalisation) Ringarooma Bay First Strike Plan (close to finalisation) Bass Strait Island First Strike Plan (close to finalisation) Port Davey First Strike Plan (close to finalisation)
Associated plans
TasPorts Oil Spill Contingency Plan Australian Marine Oil Spill Plan (AMOSPlan) Victorian Marine Oil Spill Contingency Plan (VicPlan) Macquarie Island Fuel Spill Contingency Plan Tasmanian Oiled Wildlife Response Plan (WildPlan) Marine Farming Branch Sub Plan Tasmanian Oil Spill Waste Management Plan Public Information Sub Plan State Recovery Plan
Other documents and links
Aide-Memoire for Marine Pollution Response National Environmental Maritime Operations (NEMO) NEMO – State Equipment Listing NEMO – National Equipment Weather and Tides - www.bom.gov.au Primary and Secondary Port Pilotage Areas
Reference documents
1 - Deed of Agreement between MAST, TasPorts and the Crown 2 - Memorandum of Understanding with TFS 3 - Guidance Note for the Offshore Petroleum Industry 4 - Contact Directory 5 - Guideline for Collection of Oil Samples 6 - VOC Levels 7 - Collector App User Guide 8 - List of probable Incident Control Centres
Documents/proformas
Marine Pollution Report (POLREP) Situation Report (SITREP) Incident Action Plan (IAP) – First Shift Incident Action Plan (IAP) – A3 Collector App Access Application Form EPA Sample Submission and Chain of Custody Form