Sea Installations Act 1987

The provisions of Part I shall be deemed to have come into operation on 15 October 1987.

The remaining provisions of this Act shall come into operation on the day on which this Act receives the Royal Assent.

to ensure that sea installations installed in adjacent areas are operated with regard to the safety of the people using them and of the people, ships and aircraft near them; and

to apply appropriate laws in relation to such sea installations.

In this Act, unless the contrary intention appears:

This Act applies as described in section 11A in relation to the Greater Sunrise special regime area as if that area were part of the adjacent area in respect of the Northern Territory.

the Australian Capital Territory; or

the Jervis Bay Territory.

an aircraft that is owned, possessed or controlled by:

the Commonwealth, a State or a Territory; or

an authority of the Commonwealth, a State or a Territory; or

an aircraft that is registered in Australia.

an Australian citizen; or

a corporation incorporated in Australia or an external Territory.

is not an Australian citizen; and

holds a permanent visa under the Migration Act 1958; and

is domiciled in Australia or an external Territory.

a vessel that is owned, possessed or controlled by:

the Commonwealth, a State or a Territory; or

an authority of the Commonwealth, a State or a Territory; or

a vessel that is registered in Australia; or

a vessel that is flying the Australian flag.

tourism or recreation;

the carrying on of a business;

exploring, exploiting or using the living resources of the sea, of the seabed or of the subsoil of the seabed, whether by way of fishing, pearling, oyster farming, fish farming or otherwise;

marine archaeology; or

a prescribed purpose;

a licensed fishing boat that is being used solely for commercial fishing purposes;

a fish aggregating device that is being used solely for commercial fishing purposes;

a mariculture platform that is being used solely for the purpose of rearing and harvesting fish, crustaceans or molluscs; or

fishing equipment.

remains or articles covered by subsection 16(1) of the Underwater Cultural Heritage Act 2018; or

remains or articles covered by a declaration made under subsection 17(1), 18(1) or 19(1) of that Act; or

a wreck described in paragraph 238(1)(b) of the Navigation Act 2012.

a man‑made structure that, when in, or brought into, physical contact with the seabed or when floating, is used solely for the purpose of attracting populations of fish so as to facilitate the taking of those fish; or

any electronic or other equipment designed or intended to be ancillary to, or associated with, such a structure while it is being used, or in order to facilitate the use of the structure, for that purpose;

licensed or registered under a law of the Commonwealth or of a State with respect to fisheries; or

used from or placed into the sea from a licensed fishing boat.

a citizen of the country; or

a corporation incorporated in the country.

any man‑made structure that, when in, or brought into, physical contact with the seabed or when floating, can be used for an environment related activity; or

any partly constructed structure that, when completed, is intended to be, or could be, a structure referred to in paragraph (a); or

the remains of a structure that has been a structure referred to in paragraph (a) or (b);

a cargo ship; or

an excluded dumping vessel; or

an excluded fishing installation; or

an excluded pearling vessel; or

excluded wreckage; or

a navigational aid placed in the sea or on the seabed in accordance with the law of the Commonwealth, a State or a Territory; or

a resources industry fixed structure; or

a resources industry mobile unit; or

a structure relating to the defence of Australia; or

a submarine cable installation; or

a structure belonging to the naval, military or air forces of a foreign country; or

any pipeline in respect of which a pipeline licence is required to be issued under the Petroleum Act; or

offshore renewable energy infrastructure (within the meaning of the Offshore Electricity Infrastructure Act 2021) that is in the Commonwealth offshore area (within the meaning of that Act); or

offshore electricity transmission infrastructure (within the meaning of the Offshore Electricity Infrastructure Act 2021) that is in the Commonwealth offshore area (within the meaning of that Act); or

a prescribed structure or a structure in a class of prescribed structures.

a cable that has been laid on the seabed to permit telecommunications between a place in Australia and a place outside Australia; or

a vessel having the function of installing or servicing such a cable while that vessel is engaged in any activity relating to that function.

the mooring of ships or aircraft; or

the landing of aircraft.

A reference in this Act to a resources industry fixed structure is a reference to a structure (including a pipeline) that:

is not able to move or be moved as an entity from one place to another; and

is, or is to be, used off‑shore wholly or principally in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural mineral resources.

A reference in this Act to a resources industry mobile unit is a reference to:

a vessel that is, or is to be, used wholly in:

exploring or exploiting natural mineral resources by drilling the seabed or its subsoil with equipment on, or forming part of, the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (i); or

a structure (not being a vessel) that:

is able to float or be floated;

is able to move or be moved as an entity from one place to another; and

is, or is to be, used off‑shore wholly or principally in:

exploring or exploiting natural mineral resources by drilling the seabed or its subsoil with equipment on, or forming part of, the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

operations or activities associated with, or incidental to, activities of the kind referred to in sub‑subparagraph (A).

The reference in subparagraph (3)(a)(ii) to a vessel that is, or is to be, used wholly in operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (3)(a)(i) includes a reference to a vessel that is, or is to be, used wholly in manoeuvring a resources industry fixed structure or a resources industry mobile unit, or in operations relating to the attachment, within the meaning of the Customs Act 1901, of such a structure or unit to the Australian seabed.

For the purposes of this Act, but subject to subsection (2), the adjacent area in respect of a State or the Northern Territory is so much of the area described in Schedule 1 to the Petroleum Act under the heading that refers to that State or Territory as comprises waters of the sea that:

are outside the outer limits of the territorial sea of Australia; and

are either:

within the outer limits of the exclusive economic zone; or

outside those limits but within the outer limits of the continental shelf.

If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, subsection (1) continues to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles.

For the purposes of this Act, the Coral Sea area is so much of the area to the east of the adjacent area in respect of Queensland as comprises waters of the sea that are either:

within the outer limits of the exclusive economic zone; or

outside those limits but within the outer limits of the continental shelf;

The provisions of this Act other than subsection (3) apply in relation to the Coral Sea area as if that area were part of the adjacent area in respect of Queensland and references in this Act to the adjacent area in respect of a State shall, in relation to Queensland, be read as including references to the Coral Sea area.

For the purposes of this Act, the adjacent area in respect of the Territory of Ashmore and Cartier Islands is so much of the area described in Schedule 1 to the Petroleum Act under the heading that refers to that Territory as comprises waters of the sea that are either:

within the outer limits of the exclusive economic zone; or

outside those limits but within the limits of the continental shelf.

For the purposes of this Act, the adjacent area in respect of the Australian Antarctic Territory is the area adjacent to that Territory having as its inner limit the base lines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as its outer limit the outer limits of the continental shelf.

For the purposes of this Act, the adjacent area in respect of an external Territory (other than the Australian Antarctic Territory, Coral Sea Islands Territory and the Territory of Ashmore and Cartier Islands) is the area comprising waters of the sea that are either:

adjacent to the coast of that Territory and within the outer limits of the exclusive economic zone; or

adjacent to the coast of that Territory and within the outer limits of the continental shelf.

For the purposes of subsections (3), (5), (6) and (7), the continental shelf does not include any area of seabed and subsoil that, under an agreement in force between Australia and another country, is not an area over which Australia exercises sovereign rights.

For the purposes of this Act, the space above or below an adjacent area shall be deemed to be in that area.

Subject to subsection (3), for the purposes of this Act, a sea installation shall be taken to be installed in an adjacent area if:

the installation is in, or is brought into, physical contact with a part of the seabed in the adjacent area; or

the installation is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in the adjacent area under paragraph (a).

For the purposes of this Act, a sea installation shall be taken to be installed in an adjacent area at a particular time if the whole or part of the installation:

is in that adjacent area at that time; and

has been in a particular locality:

that is circular and has a radius of 20 nautical miles; and

the whole or part of which is in that adjacent area;

a continuous period of at least 30 days that immediately precedes that time; or

one or more periods, during the 60 days that immediately precede that time, that in sum amount to at least 40 days.

Where a sea installation, being a ship or an aircraft:

is brought into physical contact with a part of the seabed in an adjacent area; or

is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in an adjacent area;

in the case of a ship, or an aircraft, registered under the law of a foreign country—30 days; or

in any other case—14 days;

A sea installation shall not be taken to be installed in an adjacent area for the purposes of this Act unless it is to be taken to be so installed under subsection (1) or (2).

For the purposes of this Act, a sea installation shall be taken to be brought into physical contact with a part of the seabed if the installation is connected with the part by a cable or other device.

Where:

a sea installation is in, or is brought into, physical contact with another sea installation installed in an adjacent area; and

the contact is not for the purpose of work on that other installation;

For the purposes of this Act, a structure, other than a sea installation, attached to a sea installation shall be taken to be part of that installation.

This Act binds the Crown in each of its capacities.

This Act does not make the Crown liable to be prosecuted for an offence.

This Act applies, in accordance with this section, in relation to the Greater Sunrise special regime area as if that area were part of the adjacent area in respect of the Northern Territory.

A provision of this Act applying because of subsection (1) applies (despite section 11) only in relation to:

Australian nationals who are not nationals or permanent residents of Timor‑Leste; and

Australian permanent residents who are not nationals or permanent residents of Timor‑Leste; and

the Commonwealth; and

persons who are authorities of the Commonwealth; and

the States; and

the Territories; and

persons who are authorities of the States or Territories; and

Australian aircraft; and

Australian vessels; and

members of crews (including persons in charge) of Australian aircraft and Australian vessels; and

persons, aircraft or vessels declared under subsection (3) to be subject to the provision.

The Minister may, by notifiable instrument, declare all or any of one or more of the following to be subject to a provision of this Act, if the Minister is satisfied that Timor‑Leste has agreed to them being subject to the provision as it has effect in relation to a place that is in or above the Greater Sunrise special regime area:

nationals of a foreign country who are not nationals or permanent residents of Timor‑Leste;

aircraft with the nationality of a foreign country other than Timor‑Leste;

vessels with the nationality of a foreign country other than Timor‑Leste;

members of crews (including persons in charge) of aircraft or vessels described in paragraph (b) or (c).

Despite subsection (2), a provision of this Act applying because of subsection (1) does not apply in relation to a matter that relates to any of the Petroleum Activities within the meaning of the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.

The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

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.