Harper v Minister for Sea Fisheries & Ors; Harper v Minister for Sea Fisheries

The case of *Harper v Minister for Sea Fisheries & Ors; Harper v Minister for Sea Fisheries* involved a dispute heard before the High Court of Australia. The plaintiff, Harper, was represented by Mr. S.P. Charles, QC, and Mr. N.J. Young. The defendants were the Minister for Sea Fisheries, the Director of Sea Fisheries, and the State of Tasmania, represented by Mr. W.C.R. Bale, OC, Solicitor-General for Tasmania, and Mr. M.A. Stoddart. Several Attorneys-General from various Australian states intervened in the proceedings, with the Commonwealth Attorney-General intervening in support of the legislation.

The central legal issues before the High Court concerned the interpretation and application of the *Seas and Submerged Lands Act 1973* (Cth). Specifically, the Court was required to determine the method for establishing baselines from which the breadth of the territorial sea is measured, and the subsequent calculation of the territorial sea itself, which is defined as three nautical miles from these baselines. The case also involved considerations of the scheme of legislation pertaining to these matters.

The Court's reasoning, as indicated by the submissions presented, focused on the definitions within the *Seas and Submerged Lands Act 1973* and the method for drawing baselines as outlined in relevant articles. The submissions highlighted the importance of understanding these foundational elements to resolve the dispute regarding the territorial sea. The transcript indicates that the Court had been provided with extensive written submissions and a substantial volume of relevant legislation and case law for its consideration.