Environment Protection and Biodiversity Conservation Act 1999

The Australian Whale Sanctuary is established in order to give formal recognition of the high level of protection and management afforded to cetaceans in Commonwealth marine areas and prescribed waters.

The Australian Whale Sanctuary comprises:

any waters of the sea inside the seaward boundary of the exclusive economic zone, except:

waters, rights in respect of which have been vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 or in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980; and

waters within the limits of a State or the Northern Territory; and

any waters over the continental shelf, except:

waters, rights in respect of which have been vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 or in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980; and

waters within the limits of a State or the Northern Territory; and

waters covered by paragraph (a); and

so much of the coastal waters of a State or the Northern Territory as are prescribed waters.

This subsection is subject to subsection 5(3).