Where Act applies
9 Where Act applies
This Act applies throughout the Territory (including the air above, the water and the seabed or riverbed below the water).
Note for subsection (1)
Part 8A of the Environment
Protection and Biodiversity Conservation Regulations 2000 (Cth) applies to Commonwealth areas in the Territory.
Commonwealth areas is defined in section 525 of the Environment Protection and
Biodiversity Conservation Act 1999 (Cth) and, so far as is relevant to the Territory, includes the following:
(1) Each of the following, and any part of it, is a Commonwealth area:
(a) land owned by the
Commonwealth or a Commonwealth agency and airspace over the land;
(b) an area of land held under lease by the Commonwealth or a Commonwealth agency and airspace over the land;
(d) the coastal sea of
Australia or an external Territory;
(e) the continental shelf, and the waters and airspace over the continental shelf;
(f) the waters of the exclusive economic zone, the seabed under those waters and the airspace above those waters;
(g) any other area of land, sea or seabed that is included in a Commonwealth reserve.
(3) Despite paragraphs (1)(d), (e) and (f), none of the following areas (or parts of them) are Commonwealth areas:
(b) the seabed vested in the Northern Territory under section 4 of the Coastal Waters (Northern Territory Title) Act 1980; and
(c) the subsoil under the seabed described in paragraph (b); and
(d) any water and airspace over seabed described in paragraph (b).
This Act also applies outside the Territory, to the extent of the extraterritorial legislative competence of the Legislative
Assembly, in relation to biological resources of Territory origin.
This Act’s bill:Explanatory statementSecond reading speech
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