1Short title
This Act may be cited as the Seas and Submerged Lands Act 1973.
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This Act may be cited as the Seas and Submerged Lands Act 1973.
This Act shall come into operation on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
Australia includes the Territories to which this Act extends.
contiguous zone has the same meaning as in Article 33 of the Convention.
continental shelf has the same meaning as in paragraph 1 of Article 76 of the Convention.
exclusive economic zone has the same meaning as in Articles 55 and 57 of the Convention.
Greater Sunrise special regime area means the area described in clause 1 of Schedule 2.
territorial sea has the same meaning as in Articles 3 and 4 of the Convention.
the Convention means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982 (Parts II, V and VI of which are set out in Schedule 1).
Timor Sea Maritime Boundaries Treaty means 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 Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
In this Act, including section 6, a reference to the territorial sea of Australia is a reference to that territorial sea so far as it extends from time to time.
In this Act, including section 10A, a reference to the exclusive economic zone of Australia is a reference to that zone so far as it extends from time to time.
In this Act, including section 11, a reference to the continental shelf of Australia is a reference to that continental shelf so far as it extends from time to time.
Division 2AA of Part 2 affects the operation of laws in the part of the continental shelf of Australia in the Greater Sunrise special regime area.
In this Act, including section 13A, a reference to the contiguous zone of Australia is a reference to that zone so far as it extends from time to time.
Where a Proclamation is in force under section 7, the territorial sea of Australia shall, for all purposes of this Act, be taken to extend to the limits declared by that Proclamation.
If a Proclamation is in force under section 10B, the exclusive economic zone of Australia is taken, for all purposes of this Act, to extend to the limits declared by that Proclamation.
Where a Proclamation is in force under section 12, the continental shelf of Australia shall, for all purposes of this Act, be taken to extend to the limits declared by that Proclamation.
If a Proclamation is in force under section 13B, the contiguous zone of Australia is taken, for all purposes of this Act, to extend to the limits declared by that Proclamation.
This Act extends to all the Territories.
In this Division, the territorial sea means the territorial sea of Australia.
It is by this Act declared and enacted that the sovereignty in respect of the territorial sea, and in respect of the airspace over it and in respect of its bed and subsoil, is vested in and exercisable by the Crown in right of the Commonwealth.
The Governor‑General may, from time to time, by Proclamation, declare, not inconsistently with Section 2 of Part II of the Convention, the limits of the whole or of any part of the territorial sea.
For the purposes of such a Proclamation, the Governor‑General may, in particular, determine either or both of the following:
the breadth of the territorial sea;
the baseline from which the breadth of the territorial sea, or of any part of the territorial sea, is to be measured.
Where the Governor‑General is satisfied:
that a bay is an historic bay, he or she may, by Proclamation, declare that bay to be an historic bay and shall, by the same or another Proclamation, define the sea‑ward limits of that bay; or
that waters are historic waters, he or she may, by Proclamation, declare those waters to be historic waters and shall, by the same or another Proclamation, define the limits of those waters.
The Minister may cause to be prepared and issued such charts as he or she thinks fit showing any matter relating to the limits of the territorial sea.
In particular, the Minister may cause to be prepared and issued large‑scale charts showing the low‑water line along the coast and may cause to be shown on such a chart any other matter referred to in subsection (1).
The mere production of a copy of a paper purporting to be certified by the Minister to be a true copy of a chart prepared under this section is prima facie evidence of any matter shown on the chart relating to the limits of the territorial sea.
It is by this Act declared and enacted that the sovereignty in respect of the internal waters of Australia (that is to say, any waters of the sea on the landward side of the baseline of the territorial sea) so far as they extend from time to time, and in respect of the airspace over those waters and in respect of the sea‑bed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth.
It is declared and enacted that the rights and jurisdiction of Australia in its exclusive economic zone are vested in and exercisable by the Crown in right of the Commonwealth.
The Governor‑General may, from time to time, by Proclamation declare, not inconsistently with:
Article 55 or 57 of the Convention; or
any relevant international agreement to which Australia is a party;
the limits of the whole or of any part of the exclusive economic zone of Australia.
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