Cummings v Claremont Petoleum & Anor- Fuller v Claremont & Anor (A32, 33-93 Dec

These appeals concerned the interpretation of section 10(1) of the *Petroleum (Submerged Lands) Act 1967* (Cth) (the Act) and its application to the determination of the continental shelf adjacent to Australia. The appellants, Cummings and Fuller, sought declarations that the continental shelf adjacent to Australia extended to the outer edge of the continental margin, as defined by international law, and that the Commonwealth had no power to grant exploration permits beyond the territorial sea. The respondents were Claremont Petroleum NL and the Commonwealth of Australia.

The central legal issue before the Full Federal Court was whether the definition of "adjacent area" in section 10(1) of the Act, which referred to the continental shelf, was intended to reflect the full extent of Australia's continental shelf as recognised by international law, or whether it was limited to a narrower interpretation. Specifically, the court had to determine the geographical scope of the continental shelf for the purposes of the Act and the extent of the Commonwealth's legislative power in relation to it.

The court reasoned that the Act was intended to give effect to Australia's rights under international law concerning its continental shelf. It held that the term "continental shelf" in section 10(1) should be interpreted in accordance with the definition provided by international law, which extends to the outer edge of the continental margin. Consequently, the court found that the "adjacent area" for the purposes of the Act encompassed this full extent. The court further held that the Commonwealth had the legislative power to grant exploration permits over this entire area.

The appeals were dismissed.