Identifier
Created
Classification
Origin
08CANBERRA773
2008-07-31 09:03:00
CONFIDENTIAL//NOFORN
Embassy Canberra
Cable title:  

TORRES STRAIT PILOTAGE REGIME

Tags:  AS EWWT KTIA PHSA PREL SENV 
pdf how-to read a cable
P 310903Z JUL 08
FM AMEMBASSY CANBERRA
TO SECSTATE WASHDC PRIORITY 9940
INFO AMEMBASSY LONDON 
AMEMBASSY PORT MORESBY 
AMEMBASSY SINGAPORE 
AMEMBASSY TOKYO 
AMEMBASSY WELLINGTON 
AMCONSUL MELBOURNE 
AMCONSUL PERTH 
AMCONSUL SYDNEY 
JOINT STAFF WASHINGTON DC
CDR USPACOM HONOLULU HI
SECNAV WASHINGTON DC
SECDEF WASHINGTON DC
C O N F I D E N T I A L CANBERRA 000773 

NOFORN

DEPARTMENT FOR EAP/ANP, L/OES
OSD FOR JESSICA MATTHEWS
PACOM FOR AMB. CHRISTY

E.O. 12958: DECL: 07/31/2018
TAGS:
KTIA, EWWT, PHSA, SENV, PREL, AS
SUBJECT: TORRES STRAIT PILOTAGE REGIME

REF: A. FRELICK/KAGAN 07/25 E-MAIL

B. CANBERRA 679

C. STATE 53801


Classified By: Economic Counselor Edgard Kagan for reasons 1.4 (b/d).

C O N F I D E N T I A L CANBERRA 000773

NOFORN

DEPARTMENT FOR EAP/ANP, L/OES
OSD FOR JESSICA MATTHEWS
PACOM FOR AMB. CHRISTY

E.O. 12958: DECL: 07/31/2018
TAGS:
KTIA, EWWT, PHSA, SENV, PREL, AS
SUBJECT: TORRES STRAIT PILOTAGE REGIME

REF: A. FRELICK/KAGAN 07/25 E-MAIL

B. CANBERRA 679

C. STATE 53801


Classified By: Economic Counselor Edgard Kagan for reasons 1.4 (b/d).


1. (C/NF) Econcouns met July 29 with Adam McCarthy, Assistant
Secretary of the Department of Foreign Affairs and Trade
(DFAT) International Legal Division to deliver ref A letter
and paper. McCarthy, joined by two of his staff, thanked the
United States for the response and stressed Australia's
desire to try to find a resolution to the problem. Stating
that Australia believes that its policy complies with
international law, McCarthy noted that Australia is very
familiar with the U.S. position. He acknowledged that the
majority of the vessels transiting the Torres Strait were on
voyages involving an Australian port, but said that the
problem for Australia is that many of the remaining vessels
(132 in 2007) are tankers. These are exactly the vessels
that Australia is most worried could be involved in an
accident causing environmental damage to the area. Econcouns
stressed that we understand Australian environmental concerns
but believe they can be addressed without conflicting with
international law.


2. (C/NF) Noting that the Singaporean Prime Minister recently
raised the Torres Strait pilotage issue with PM Kevin Rudd,
McCarthy said that Rudd had told his Singaporean counterpart
that Australia could not change its position on the mandatory
nature of the Torres Strait pilotage regime. McCarthy said
that the Rudd Government understands U.S. and Singaporean
concerns about the Torres Strait issue but that it believes
it politically impossible to change the mandatory nature of
the regime. If there were to be an oil spill after the Rudd
Labor Government "weakened" the environmental protections
imposed by the Howard Government, McCarthy said the political
cost would be immense.


3. (C/NF) Saying that Australia wants to address U.S.
concerns at the upcoming August 6-7 discussions in
Washington, McCarthy said that the Australians will bring
specific proposals. He said that while disagreeing with the
U.S. view about the legality of the regime, "everything is on
the table" with the United States -- "except the mandatory
nature of the regime" Econcouns pointed out that this is the
exact point which we find unacceptable and urged the
Australians to look for ways to address the substantive
concerns of protecting the Torres Strait environment that do
not require a mandatory regime. McCarthy said that the
Australians recognize that the U.S. is unhappy about the
Torres Strait issue and will never agree to the current
mandatory regime. The Australians welcome the opportunity
for detailed discussions and want to try to find a solution,
he said, emphasizing that Australia does not want this issue
to harm the bilateral relationship. He said Australia is
looking for an agreement that the United States will provide
"advance warning" before criticizing the Torres Strait regime
at multilateral fora.


Clune