Meaning of Australian waters
11 Meaning of Australian waters
Meaning generally
Australian waters means:
any waters on the landward side of the territorial sea of Australia that are not within the limits of a State; and
the territorial sea of Australia; and
the sea above the continental shelf of Australia; and
the seabed and subsoil beneath any such sea or waters.
Extended meaning—remains of vessels partly in Australian waters and partly in State waters
If:
the remains of a vessel are in, or have been removed from, Australian waters; and
another part (the relevant part) of the vessel is in, or has been removed from, waters of the sea within the limits of a State; and
a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the relevant part;
the Minister may, by notifiable instrument, declare that the relevant part is, for the purposes of this Act (except this section and section 20), taken to be a part that is in, or has been removed from, Australian waters.
Extended meaning—remains of vessels that have moved into State waters
If:
the remains of a vessel (other than a Dutch shipwreck) have been removed from Australian waters; and
the remains are in waters of the sea within the limits of a State; and
a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the remains;
the Minister may, by notifiable instrument, declare that the remains are, for the purposes of this Act (except this section and section 20), taken to be remains that are in Australian waters.
Extended meaning—Dutch shipwrecks and relics in, or removed from, State waters
If:
a Dutch shipwreck or Dutch relic is in, or has been removed from, waters of the sea within the limits of a State; and
a Minister of the State has informed the Minister, in writing, that the State consents to the making of a declaration under this subsection in relation to the shipwreck or relic;
the Minister may, by notifiable instrument, declare that the shipwreck or relic is, for the purposes of this Act (except this section and section 20), taken to be a shipwreck or relic that is in, or has been removed from, Australian waters.
Varying and revoking declarations
The Minister may, by notifiable instrument, with the consent of the Minister of the State, vary or revoke a declaration made under this section.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.