Application of Act in relation to Greater Sunrise special regime area
4C Application of Act in relation to Greater Sunrise special regime area
Limit on issuing permits
The CEO must not issue a permit in relation to the Greater Sunrise special regime area unless:
the Minister has first consulted Timor‑Leste about the issue of the permit; or
a declaration is in force under subsection (2) and the issue of the permit is within the scope of the agreement to which the declaration relates.
The Minister may, by notifiable instrument, declare that Timor‑Leste has notified Australia that Timor‑Leste agrees to the issue of permits under this Act in relation to the Greater Sunrise special regime area, either generally or in particular circumstances.
The declaration can be revoked: see subsection 33(3) of the Acts Interpretation Act 1901.
Limit on inspectors exercising powers
An inspector must not exercise powers under this Act in or above the Greater Sunrise special regime area in relation to:
a vessel other than an Australian vessel; or
an aircraft other than an Australian aircraft; or
a platform other than an Australian platform;
unless:
the Minister has first consulted Timor‑Leste about the exercise of powers by inspectors in the Greater Sunrise special regime area in relation to that vessel, aircraft or platform; or
a declaration is in force under subsection (4) and the exercise of the powers is within the scope of the agreement to which the declaration relates.
The Minister may, by notifiable instrument, declare that Timor‑Leste has notified Australia that Timor‑Leste agrees to the exercise by inspectors of powers under this Act in or above the Greater Sunrise special regime area, either generally or in particular circumstances.
The declaration can be revoked: see subsection 33(3) of the Acts Interpretation Act 1901.
The validity of the exercise of a power is not affected by a failure to comply with subsection (3).
Act not limited by the Seas and Submerged Lands Act 1973
Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act.
Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area.
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