Joint Standing Committee on Treaties 
      
      CHAPTER 4
      Australian Ports
      Port Access 
      4.1       Under Article IV of the 1996 Subsidiary 
        Agreement, Australia undertakes to permit licensed vessels to enter certain 
        ports. Fishing and port access are considered important levers in international 
        fisheries management and Australia can use those elements to influence 
        the way fisheries are managed.1 DPIE told the 
        Committee that: 
      
         
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             The current policy of linking port and fishing access together 
              provides a mechanism to allow port access by as many vessels as 
              Japan has traditionally sought (up to 250 under the current agreement) 
              while capturing for Australia a reasonable share of the benefit 
              that accrues to Japanese vessels from port and fishing access.2 
             
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      4.2       Under the current arrangements, bilateral 
        subsidiary agreements allowing Japanese vessels, port and fishing access 
        cannot be finalised until the international SBT quota is set by the Commission 
        for the Conservation of Southern Bluefin Tuna. This provides a mechanism 
        for maintaining leverage over fisheries management outcomes important 
        to Australia.3 
      4.3       Japan has argued strongly for a separation 
        of port access and the fishing access agreements.4 
        The Japanese would like to sever the linkage because the administrative 
        burden is significant and the nexus with the southern bluefin tuna Commission.5 
        Some Japanese join the subsidiary agreements to utilise the port access 
        for fuel, recreation and with no intention of fishing in the AFZ.6 
        Others seek the high quality fish in the AFZ.7 
        Japan charges a lower fee to its vessels wishing to utilise the port facilities 
        and a higher fee to those wishing to fish in the AFZ as well.8 
      
      4.4       The benefits to the Japanese in having 
        access to Australian ports include the facilities and services available, 
        the commercial convenience of not having to travel to other more distant 
        ports and there is single access fee.9 ABARE 
        has estimated the value of access to Fremantle alone as $6.75 million 
        to the Japanese industry.10 
      4.5       The Commonwealth Government believes 
        that there is adequate scope within the current subsidiary agreement to 
        provide port access to any Japanese long-line vessels seeking it.11 
        It was pointed out that the agreement provides access to a negotiable 
        number of vessels with no administrative charges other than those applied 
        by the ports.12 Despite requests, Japan has 
        not provided information on the reasons for seeking separate port and 
        fishing access.13 
      4.6       It was argued that: 
      
         
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             Port access to Australia is not critical for Japan. They can use 
              Bali, Singapore, NZ and Fiji. They can also service their vessels 
              at sea through tankers etc., contracted by Japan Tuna Federation. 
              Our view is that the current Australian strategy of using the bilaterals 
              as a lever to get a CCSBT Agreement each year will eventually be 
              counterproductive.14  
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      4.7       ATBOA believes that the continuation 
        of this link may lead to a net economic loss for Australia and is not 
        beneficial to Australia's relationship with Japan.15 
      
      4.8       The point was made that Japan has 
        28 fishing agreements and, of these, the agreement with Australia is the 
        only one that links port access and fishing rights.16 
        New Zealand has a policy of separate port access and a number of Japanese 
        vessels used New Zealand ports during the boycott.17 
        There was a general call for the separation of port access and the indirect 
        link with the establishment of quotas. 
      Legal implications of separate port access 
      4.9       The question arose during the Inquiry 
        as to whether Australia could grant port access to an unlicensed foreign 
        fishing vessel of one country but refuse to grant access to the unlicensed 
        fishing vessel of another country. The Attorney-General's Department believes 
        that as a matter of international law, Australia has the right to deny 
        fishing vessels access to its port except vessels in distress.18 
        Further, Australia can place conditions on port access which could include 
        membership of and compliance with the Convention on the Conservation 
        of Southern Bluefin Tuna.19 
      4.10       The United Nations Convention 
        on the Law Of the Sea has provisions which prevent Australia from 
        discriminating between vessels from different countries in certain circumstances 
        but these do not include access to ports. 
      4.11       There are also constraints on port 
        access in the Fisheries Management Act 1991 which requires vessels 
        to have a license, or for Australia to have an agreement with their country 
        allowing port access.20 Section 94 of the 
        Act allows for the granting of port permits to unlicensed foreign fishing 
        vessels for a specific purpose such as: 
      
         
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             if it was appropriate to do so for the purpose of monitoring movement 
              of foreign fishing boats.21  
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      4.12       UNCLOS requires Australia to give 
        other countries access to unexploited marine resources. It was also noted 
        that: 
      
         
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             The obligation to allow other states access to the surplus is framed 
              there, in terms of taking into account all relevant factors. Two 
              of those relevant factors are the significance of the living resources 
              of the area to the economy of the coastal state - namely, Australia 
              - and its other national interests. If we decide that it is not 
              in our national interest to let other countries into our zone, then 
              we do not let them. There is no way that we can be forced to.22 
             
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      4.13       Further, DFAT pointed out that the 
        dispute settlement provisions of UNCLOS include: 
      
         
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             article 297 says that the worst that can actually happen to us 
              if we would be forced, not into arbitration, merely into conciliation. 
              The provision goes on to say that in no case shall the conciliation 
              commission substitute its discretion for that of the coastal state 
              in such matters ... if we do not want to let others into our zone, 
              we cannot be forced to.23  
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      4.14       The other issue is whether, as a 
        matter of policy, Australia would wish to discriminate between flag States 
        in allowing port access by unlicensed foreign fishing vessels.24 
        The Committee does not consider this to be an insurmountable problem if 
        the condition of entry is the membership of the Flag State to the Convention 
        for the Conservation of the Southern Bluefin Tuna. 
      4.15       The Committee believes that Australia 
        is now in the position where it needs to actively seek business for its 
        ports and can no longer rely purely on the proximity to the southern fishing 
        grounds. 
      4.16       The Western Australian Government 
        pointed out that the port of Fremantle provides attractions other than 
        the fishing operations.25 When the SBT reach 
        Western Australia they dive and disappear into deeper water.26 
        This is when vessels visit the port of Fremantle.27 
        Vessels visiting Fremantle have usually been at sea for three months and 
        require re-provisioning, repairs, rest and recreation for the crew and 
        crew change overs.28 The value of these visits 
        to Fremantle was estimated to be $21 million including fuel.29 
      
      4.17       If Japanese vessels ceased coming 
        to Fremantle then a number of businesses would reduce their staff.30 
        The supplies provided to tuna vessels on average were about $25 000 while 
        that supplied to cargo vessels was in the order of $2 000.31 
      
      4.18       Concern was raised in relation to 
        the sales tax levied if the ship does not visit another port between two 
        stops in Australia. The comment was made that this involved a considerable 
        expense and ensures that vessels are more inclined to go to Indonesia.32 
        It was also pointed out that Japanese vessels employ an increasing number 
        of Indonesian crew which creates an additional attraction for vessels 
        to use Indonesian ports rather than to visit our ports.33 
      
      4.19       Japanese long-line vessels use four 
        main ports in the southern oceans New Zealand, Hobart, Fremantle and South 
        Africa. 34 Cape Town is aggressively seeking 
        business from long-line vessels and has constructed a multi-million dollar 
        facility to store fish at minus 60 degrees as a transhipping facility.35 
        The Japanese fleet uses Cape Town as an operations base and injects millions 
        of dollars into the local community.36 
      4.20       The recent boycott of Australian 
        ports is a clear indication that the Japanese will make alternative arrangement 
        if agreements with the Australian authorities break down.37 
        During the boycott of Australian ports Indonesia constructed the necessary 
        facilities thereby weakening Australia's leverage through port access. 
        The Japanese also used a supply tanker to refuel on the high seas during 
        the boycott.38 
      4.21       It was suggested to the Committee 
        that the boycott was called by the fisheries association and not the vessel 
        owners and that the reason they have returned to the negotiating table 
        is pressure from the boat owners.39 The additional 
        cost of going to Bali is $100 000 and the cost of the tanker was 
        $50 000 to $100 000.40 The cost 
        staying in port during the season is about $10 000 per day.41 
      
      4.22       The Marine Board of Hobart also believes 
        that port access should be separated from fishing rights as this would 
        enable local businesses to plan for the longer term.42 
        The estimated value of visits to Hobart was $15 million annually.43 
        They also suggest that this would enable the Port of Hobart and Tasmania 
        to compete freely in the international market place.44 
        The point was raised that it may not be in the best interest of Australia 
        because not all other countries with long-line capacity are as economically 
        well off as Japan.45 
      4.23       The Fremantle Port Authority sees 
        the quota issue as having a negative impact on the number of vessels visiting 
        Fremantle.46 The Maritime Agencies of Tasmania 
        believes that the separation of the two would have potential economic 
        benefits for Australia.47 It was suggested 
        that this is purely a commercial decision as it would take an extra 12 
        days to go to ports in Indonesia. 48 
      4.24       Businesses in Fremantle and Hobart 
        emphasised that the Japanese spend substantial amounts of money in Australia, 
        they are good payers and there would be significant employment reductions 
        if the Japanese vessels ceased to call into these ports. These companies 
        provided services including ship repair, food services, providores, health 
        and medical services. The estimated value of Japanese long-line vessel 
        visits to Australian ports was estimated to be $46-50 million.49 
      
      4.25       However, DPIE believes that the net 
        benefits for Australia are significantly less than the total expenditure 
        when costs are taken into account.50 
      4.26       One of the difficulties in separating 
        port access and the subsidiary agreements is the increased capacity of 
        those vessels using the nearest port to spend the additional time fishing 
        inside and adjacent to the EEZ. The Western Australian Government raised 
        the point that to deal with the separation of port access and fishing 
        outside the EEZ there may be a need to introduce controls over the take 
        of species other than those already under quota.51 
      
      4.27       Port access is not given to unlicensed 
        fishing vessels.52 The concern was expressed 
        that if Australia were to move to a policy where unlicensed vessels were 
        permitted to use our ports then under the law of the sea Australia could 
        be required to allow access to vessels from other countries.53 
        DPIE pointed out that Australia: 
      
         
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             would be under considerable pressure to provide those same privileges 
              to fleets from other countries who are fishing in an unregulated 
              and increasingly unconstrained - in some cases - way on the very 
              resource on which we have a $100 million industry dependent.54 
             
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      4.28       The Committee also notes that under 
        the Commission for the Conservation of Southern Bluefin Tuna Australia 
        is legally obliged not to facilitate the operations of countries that 
        are not party to the Convention. Further, under the 1923 Maritime 
        Ports Convention countries have the right to control access to 
        their ports except for a vessel in distress but under UNCLOS, vessels 
        from foreign countries should not be treated in a discriminatory way.56 
      
      4.29       The point was made that if the fishery 
        collapses because of uncontrolled fishing in the region then there will 
        be no future fishing fleet to use our ports.57 
        The example was given of the collapse of the cod stock on the Grand Banks 
        off Canada. Canada had an open access policy and trawlers overfished the 
        area outside the Canadian zone.58 Open access 
        which would allow fishermen from a number of countries may lead to the 
        expansion of fishing activity adjacent to the AFZ and potentially undermine 
        the viability of Australian fisheries. 
      4.30       DPIE emphasised that in relation 
        to an open access arrangement: 
      
         
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             While this could in the short term provide for more stable expenditure 
              patterns in Australian ports, such benefits need to be weighted 
              against broader impacts on the sustainability of fishery resources 
              on which our industry (and foreign fleets) depend and the viability 
              of valuable Australia industry sectors which exploit those resources 
              such as the domestic SBT fishery.59 
             
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      4.31       The Japanese activity in the EEZ 
        will decline as the Australian domestic industry expands. The Committee 
        believes that the separation of port and fishing access will be inevitable 
        if Australia is going to maintain the economic benefits that these visits 
        provide. The Committee believes that the continuation of the current arrangements 
        may discourage Japanese vessels from visiting our ports. 
      4.32       Further, with the establishment of 
        the IOTC there is now an alternative mechanism for the Japanese to seek 
        the management of SBT stocks. The point was made that Australia would 
        need to maintain the ability to withhold fishing and port access sanctions 
        in the absence of international management measures being agreed within 
        the CCSBT. 60 
      
         
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             Recommendation 13  
            The Joint Standing Committee on Treaties recommends the separation 
              of port access from the subsidiary agreement but making port access 
              subject to the continuation of Japan's membership of the Convention 
              for the Conservation of Southern Bluefin Tuna and participation 
              in the Commission for the Conservation of Southern Bluefin Tuna. 
               
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      4.33       In addition there would need to be 
        a number of requirements that would relate to fishing in the EEZ and vessels 
        entering our ports to maintain the integrity of our management arrangements. 
        These would include having satellite-based vessel monitoring and the right 
        to inspect.61 
      Port infrastructure 
      4.34       It was suggested to the Committee 
        that a number of steps could be taken to improve the quality of service 
        to encourage Japanese vessels to use Australian ports. These ranged from 
        small matters such as not berthing the vessels in areas which require 
        access through three padlocked gates to get to the local business centre.62 
        The time taken to unload containers in Fremantle makes it not cost effective 
        and would need to be improved. 
      4.35       It was suggested that the establishment 
        of ship repair facilities could provide significant economic benefits.64 
        Facilities have already been established in Cape Town, Canary Islands 
        and Peru.65 A number of vessels requesting 
        port access fish on the high seas, although some would also be those currently 
        fishing in the EEZ.66 The Maritime Agencies 
        of Tasmania believes that there is potential for a ship repair industry 
        and transhipment of catch where ships would remain in Hobart while the 
        crews flew home.67 
      Australian port communities 
      4.36       Japanese vessels provide a major 
        source of economic activity in Fremantle, Hobart and to a lesser extent 
        in Sydney and Brisbane.68 There are a number 
        of businesses in Hobart and Fremantle which have a substantial proportion 
        of their business dependent on Japanese vessels.69 
      
      4.37       Witnesses to this inquiry from businesses 
        all agreed that the Japanese are excellent payers. Ship Agencies Australia 
        Pty Ltd has in the past managed ships from other countries and very few 
        Australian companies benefited from their visits while the point was made 
        that the Japanese appear to have very few restrictions on their spending.70 
      
      4.38       Ships are now usually in port for 
        12 to 24 hours whereas previously they would be in port for three or four 
        days.71 Further, modern vessels need a lot 
        less maintenance than older ones.72 This would 
        indicate that the extent of the services provided previously on a per 
        vessel basis may be significantly reduced over time. Further, in Tasmania 
        and foreign ports a major fishing industry association has acquired social 
        clubs and restaurants where their vessels frequent73 
        which may impact on the benefits to the local businesses. 
      4.39       The annual expenditure in Hobart 
        was estimated to be $8-12 million annually and $50 - 70 million in Australia.74 
        This expenditure has an estimated multiplier effect of about five which 
        means the economic benefit to Australia could be $350 million exclusive 
        of the access fee and the Joint Venture arrangements.75 
      
      4.40       In Fremantle, the services utilised 
        include pilotage and mooring, fresh water, and a berth hire charge which 
        is about $2 000 per vessel which is $370 000 in total including 
        research and training vessels.76 Revenue for 
        the port of Fremantle is in excess of $20 million.77 
        In Western Australia the multiplier effect is thought to be roughly two 
        to one.78 Other estimates were $46 million 
        for Australia of which 50 per cent was for Western Australia.79 
      
      4.41       The 1993 ABARE survey estimated the 
        net economic benefit of port access to be 10 to 30 per cent of gross expenditure 
        giving a direct benefit of $3 to $10 million annually.80 
        DPIE believes that a multiplier effect of 2 to 2.5 applies to the net 
        benefits only and not the total expenditure. 81 
        It was also pointed out that the estimates of aggregate in port expenditure 
        provided to the Committee in some submissions does not appear to discriminate 
        between bilateral vessels and Joint Venture vessels.82 
      
      4.42       Australia probably benefits more 
        from their use of the ports than the Japanese do even though they save 
        money on not having to go to Bali to bunker or to have a mother ship in 
        the fishing grounds.83 Another benefit is 
        that the resources used to provide services for the Japanese vessels such 
        as bunkering oil and providoring can be used by others.84 
      
      4.43       Dr Martin believes that if Japanese 
        vessels ceased using Australian ports, this would have an adverse impact 
        on the health of the fishing boat crews and compromise the existing 24 
        hour priority/emergency medical services currently available to all merchant 
        shipping.85 
      4.44       The Australian Maritime Officers 
        Union (AMOU) supports the continuation of the Agreement because it represents 
        about 30 per cent of the total pilotage movements through the port of 
        Hobart and the loss of this business would impact on employment levels 
        throughout southern Tasmania.86 
      4.45       The rural community in Tasmania grow 
        vegetables such as Chinese cabbage for Japanese vessels and there is a 
        significant effect on the State rural sector.87 
        A number of local companies tailor their services for the particular needs 
        of the Japanese and Indonesian crews.88 Some 
        businesses have used the Japanese business as a base and have also been 
        able to offer these services to the Australian industry.89 
      
      4.46       A number of Japanese vessels will 
        be in port for two or three weeks then will come back two or three months 
        later.90 When there are 10 to 15 long-line 
        fishing vessels in Hobart there are also a number of visitors from Japan 
        associated with these vessels. 91 In addition, 
        the crews from Japanese long-lining vessels spend a considerable amount 
        of money on recreational activities such as at the casino.92 
      
      4.47       There is some potential to increase 
        Australian business with the Japanese. The Committee was given the example 
        of the possible sale of 2 000 tonnes of mackerel as bait for the 
        Japanese. It was suggested that there was a huge market for bait if a 
        suitable product could be developed.93 Purdon 
        and Featherstone have orders for 300 tonnes for long-line bait for the 
        1996 season.94 
      4.48       Mr Goadby emphasised that the bait 
        stocks 95 must be evaluated in terms of the 
        sustainability of the stocks. The point was made that one of the factors 
        determining whether the SBT came near the Tasmania shore was the presence 
        of bait. If the potential bait industry in Tasmania harvests the bait 
        from waters which may have been the feeding grounds for the SBT then the 
        fish may not come close to land. 
      4.49       It was also suggested that there 
        is enormous potential for the processing and export of bycatch which is 
        no longer kept under the current agreement.96 
      
      4.50       Although a large number of Australian 
        fishing vessels use the port of Hobart, piloting services are only needed 
        for vessels over 35 metres. The Committee was told that the economic benefits 
        to the local ports were not as great for Australian vessels because they 
        are smaller hence do not use pilots, pay less in port fees and do not 
        need as many provisions. 97 
      4.51       The Australian Maritime Officers 
        Union has not found the local fishery to be very labour intensive in the 
        port of Hobart. However, the Committee is mindful that Australian vessels 
        are dispersed amongst a larger number of ports. Should the domestic fishing 
        industry expand to utilise the fish currently being caught by the Japanese 
        such as those adjacent to the Tasmanian coast, there would be a significant 
        economic benefit to Tasmania. In Western Australia, the development of 
        a domestic industry may favour smaller ports such as Esperance and Albany 
        rather than the port of Fremantle.98 
      4.52       There were a number of arguments 
        presented which outlined the economic benefits of expanding the local 
        fishing industry rather than relying on the benefits from port visits 
        by Japanese vessels:
      
        - Australian fishing vessels could provide employment for Australian 
          crews; 
 
        - wharfage and berthing fees for Japanese vessels are taken once or 
          twice a year compared to fees paid for the full year by locally based 
          vessels; 
 
        - Japanese vessels largely bring their own bait while most Tasmanian 
          boats purchase their bait locally; 
 
        - require local servicing with fuel and a wide range of general supplies; 
          and 
 
        - create additional jobs for Australians in freight forwarding, fish 
          processing, packaging etc.99 
 
      
      4.53       Because the Japanese do not land 
        their catch in Australia there are no ongoing benefits compared to that 
        which could be derived from Australian vessels.100 
      
      Transhipment 
      4.54       On one hand the Committee was told 
        that the Japanese had not expressed an interest in transhipping fish via 
        Australia, however, Tropical Traders believes that the Japanese are very 
        keen to tranship their catch from the tuna vessel to a reefer while in 
        port.101 The Japanese currently tranship 
        fish in the ports of Suva and Noumea.102 
        Cape Town now has a multi-million dollar transhipping facility which stores 
        fish at minus 60 degrees.103 The benefit 
        to the Japanese is that they can sell their catch to the reefer providing 
        an immediate cash flow.104 
      4.55       It was suggested that the fish could 
        be transferred to a larger vessel or transferred to a refrigerated container 
        and transported to Japan. The advantage of bringing the mother ship into 
        port would increase Australia's ability to monitor fish catches but transfers 
        at sea could not be controlled.105 
      4.56       No-one has been prepared to try transhipping 
        from Australian ports.106 Transhipment from 
        Fremantle would have a huge potential for the local industry.107 
        The Committee was told that transhipment would create more employment 
        in Fremantle and more frequent visits of vessels.108 
      
      4.57       Ship Agencies Australia Pty Ltd recently 
        shipped albacore to Japan for some Japanese vessels.109 
        This was acceptable for albacore which is a low-value product but would 
        not be acceptable for SBT or bigeye.110 Hobart 
        already has a cold store with a capacity of 3000 pallets of frozen cargo.111 
      
      4.58       The Marine Board of Hobart believes 
        that if transhipment was undertaken, long-line vessels would utilise docking 
        facilities which would benefit the local economy.112 
        Hobart has the requisite infrastructure to service these vessels.113 
        A further upgrade of Hobart's dry dock facilities would attract vessels 
        from other countries as Hobart has already established a research vessel 
        base.114 
      4.59       There may be a potential environmental 
        impact of transhipping because less fishing time will be lost if ships 
        can be serviced at the nearest convenient port. Although this will not 
        impact on the quantity of SBT caught within the EEZ, the Committee is 
        mindful that other tuna stocks do not have quota levels. Transhipment 
        could significantly increase the time available for fishing adjacent to 
        the EEZ which may have a negative impact on fish stocks. 
      4.60       There is no legal barrier to the 
        implementation of transhipment under the current arrangements except for 
        transhipment at sea which is not permitted for obvious compliance and 
        enforcement reasons.115 The major problem 
        is that facilities are required to ensure the product is maintained at 
        a super low temperature of minus 60 degrees. 
      4.61       A number of problems would arise 
        if the intention was to unload the product to the domestic market, including 
        displacing other products, lower prices for Australian fishermen and issues 
        under the Customs (Prohibited Imports) Regulations. 116 
        Customs regulations may preclude the landing of catch without specific 
        ministerial approval.117
      Footnotes
      [1] Harwood, Transcript, 10 October 1996, p. 423 
      
[2] Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1 , 
      
[3] Ibid, p. S 408 
      
[4] Department of Primary Industries and Energy, Submission 
        No. 33, p. S 175 
      
[5] Harwood, Transcript, 10 October 1996, p. 393 
      
[6] Romaro, Transcript, 26 September 1996, p. 313 
      
[6] Ibid, p. 313 
      
[8] Harwood, Transcript, 10 October 1996, p. 392 
      
[9] Ibid, p. 392 
      
[10] Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1, p. S 408 
      
[11] Department of Primary Industries and Energy, Submission 
        No. 33, p. S 176 
      
[12] Ibid, p. S 176 
      
[13] Ibid, p. S 176 
      
[14] Tuna Boat Owners Association of Australia Inc, 
        Submission No. 44, p. S 326 
      
[15] Jeffriess, Transcript, 27 September 1996, p. 348 
      
[16] Pratt, Transcript, 5 September 1996, p. 122 
      
[17] Maritime Agencies of Tasmania, Submission No. 
        27, p. S 134 
      
[18] Attorney-General's Department, Submission No. 
        26.2, p. S 379 
      
[19] Ibid, p. S 379 
      
[20] Campbell, Transcript, 10 October 1996, p. 395 
      
[21] Ibid, p. 395 
      
[22] Serdy, Transcript, 29 August 1996, p. 71 
      
[23] Ibid, p. 71 
      
[24] Attorney-General's Department, Supplementary Submission 
        No. 26.2, p. S 380 
      
[25] Millington, Transcript, 26 September 1996, p. 
        244 
      
[26] Atkinson, Transcript, 26 September 1996, p. 260 
      
[27] Ibid, p. 260 
      
[28] Tropical Traders, Submission No. 13, p. S 51 
      
[29] Ibid, p. S 53 
      
[30] Neel, Transcript, 26 September 1996, p. 324-325; 
      
[31] Paino, Transcript, 26 September 1996, p. 343 
      
[32] Ibid, p. 338 
      
[33] Martin, Transcript, 26 September 1996, p. 341 
      
[34] Atkinson, Transcript, 26 September 1996, p. 260 
      
[35] Rowley, Transcript, 16 September 1996, p. 226 
      
[36] Fremantle Port Authority, Submission No. 12, p. 
        S 43 
      
[37] Purdon & Featherstone, Submission No. 17, p. S 
        89 
      
[38] Pratt, Transcript, 5 September 1996, p. 129 
      
[39] Romaro, Transcript, 26 September 1996, p. 317 
      
[40] Ibid, p. 318 
      
[41] Neel, Transcript, 26 September 1996, p. 325 
      
[42] Thompson, Transcript, 5 September 1996, p. 95 
      
[43] Marine Board of Hobart, Submission No. 23, p. 
        S 106 
      
[44] Thompson, Transcript, 5 September 1996, p. 95 
      
[45] Romaro, Transcript, 26 September 1996, p. 308 
      
[46] Atkinson, Transcript, 26 September 1996, p. 258 
      
[47] Pratt, Transcript, 5 September 1996, p. 134 
      
[48] Morrison, Transcript, 5 September 1996, p. 140 
      
[49] Ship Agencies Australia Pty Ltd, Submission No. 
        11, p. S 39 
      
[50] Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1, p. S 417 
      
[51] Millington, Transcript, 26 September 1996, p. 
        239 
      
[52] Harwood, Transcript, 10 October 1996, p. 393 
      
[53] Ibid, p. 393 
      
[54] Harwood, Transcript, 10 October 1996, p. 393 
      
[55] Ibid, p. 393 
      
[56] Campbell, Transcript, 10 October 1996, p. 394 
      
[57] Harwood, Transcript, 10 October 1996, p. 393 
      
[58] Ibid, p. 399 
      
[59] Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1, p. S 409 
      
[60] Ibid, p. S 410 
      
[61] Harwood, Transcript, 10 October 1996, p. 394 
      
[62] Phillips, Transcript, 26 September 1996, p. 338 
      
[63] Martin, Transcript, 26 September 1996, p. 342 
      
[64] Maritime Agencies of Tasmania, Submission No. 
        27, p. S 137 
      
[65] Ibid, p. S 138 
      
[66] Harwood, Transcript, 29 August 1996, p. 15 
      
[67] Pratt, Transcript, 5 September 1996, p. 124 
      
[68] Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1, p. S 407 
      
[69] Woods and Cockerill, Submission No. 1, p. S 2; 
        Aqua Scuba Diving Services, Submission No. 2, p. S 4; Reads Electric Co, 
        Submission No. 4, p. S 9; Abernethy Owens and Associates, Submission No. 
        8, p. S 26; Franmarine Underwater Services Pty Ltd, Submission No. 16, 
        p. S 75; Key Engineering, Submission No. 24, p. S 108; Sabre Marine & 
        General Engineers, Submission No. 34, p. S 206; Neel, Transcript, 26 September 
        1996, p. 322; Morrison, Transcript, 5 September 1996, p. 137; Kruimink, 
        Transcript, 5 September 1996, p. 175-176; MacMillan, Transcript, 5 September 
        1996, p. 176; MacMillan, Transcript, 5 September 1996, p. 176; 
      
[70] Ship Agencies Australia Pty Ltd, Submission No. 
        11, p. S 40 
      
[71] Martin, Transcript, 26 September 1996, p. 336 
      
[72] Phillips, Transcript, 26 September 1996, p. 337, 
        339 
      
[73] Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1, p. S 410 
      
[74] Pratt, Transcript, 5 September 1996, p. 122; Maritime 
        Agencies of Tasmania, Submission No. 27, p. S 132 
      
[75] Pratt, Transcript, 5 September 1996, p. 122-123 
      
[76] Atkinson, Transcript, 26 September 1996, p. 259 
      
[77] Atkinson, Transcript, 26 September 1996, p. 259 
      
[78] Millington, Transcript, 26 September 1996, p. 
        246; Atkinson, Transcript, 26 September 1996, p. 264 
      
[79] Romaro, Transcript, 26 September 1996, p. 310 
      
[80] Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1, p. S 407 
      
[81] Ibid, p. S 407-408 
      
[82] Ibid, p. S 408 
      
[83] Romaro, Transcript, 26 September 1996, p. 312 
      
[84] Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1, p. S 407 
      
[85] Westport Medical Centre, Submission No. 40, p. 
        S 237, 240 
      
[86] Morgan, Transcript, 5 September 1996, p. 103: 
        Australian Maritime Officers Union, Submission No. 9, p. S 28-29 
      
[87] Pratt, Transcript, 5 September 1996, p. 130; Morrison, 
        Transcript, 5 September 1996, p. 136 
      
[88] Australian Maritime Officers Union, Submission 
        No. 9, p. S 28 
      
[89] Ship Agencies Australia Pty Ltd, Submission No. 
        11, p. S 37 
      
[90] Morgan, Transcript, 5 September 1996, p. 108 
      
[91] Thompson, Transcript, 5 September 1996, p. 95 
      
[92] Morgan, Transcript, 5 September 1996, p., 105 
      
[93] Romaro, Transcript, 26 September 1996, p. 318; 
        Morrison, Transcript, 5 September 1996, p. 139 
      
[94] Purdon & Featherstone, Submission No. 17, p. S 
        90 
      
[95] Goadby, Submission No. 7, p. S 24 
      
[96] Morrison, Transcript, 5 September 1996, p. 142 
      
[97] Pratt, Transcript, 5 September 1996, p. 125 
      
[98] Atkinson, Transcript, 26 September 1996, p. 261 
      
[99] Lister, Transcript, 5 September 1996, p. 145 
      
[100] Ibid, p. 145 
      
[101] Harwood, Transcript, 29 August 1996, p. 16; 
        Tropical Traders, Submission No. 13, p. S 54 
      
[102] Thompson, Transcript, 5 September 1996, p. 94 
      
[103] Rowley, Transcript, 16 September 1996, p. 226 
      
[104] Tropical Traders, Submission No. 13, p. S 55 
      
[105] Atkinson, Transcript, 26 September 1996, p. 
        264 
      
[106] Pratt, Transcript, 5 September 1996, p. 124 
      
[107] Atkinson, Transcript, 26 September 1996, p. 
        262 
      
[108] Neel, Transcript, 26 September 1996, p. 323 
      
[109] Romaro, Transcript, 26 September 1996, p. 312 
      
[110] Ibid, p. 312 
      
[111] Thompson, Transcript, 5 September 1996, p. 97 
      
[112] Ibid, p. 94 
      
[113] Thompson, Transcript, 5 September 1996, p. 94 
      
[114] Ibid, p. 100 
      
[115] Harwood, Transcript, 10 October 1996, p. 416 
      
[116] Exel, Transcript, 10 October 1996, p. 417; Rohan, 
        Transcript, 10 October 1996, p. 417 
      
[117] Department of Primary Industries and Energy, 
        Supplementary Submission No. 33.1, p. S 412 
      
      
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