Maritime Legislation Amendment
Act 1994
No. 20 of 1994
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENT OF THE SEAS AND SUBMERGED LANDS
ACT 1973
3. Principal Act
4. Long title
5. Preamble
6. Interpretation
7. Extension to Territories
8. Heading to Part II
9. Limits of territorial sea
10. Insertion of new Division:
Division 1A—The Exclusive Economic Zone
10A. Sovereign rights in respect of exclusive economic zone
10B. Limits of exclusive economic zone
10C. Charts of limits of exclusive economic zone
11. Limits of continental shelf
TABLE OF PROVISIONS—continued
Section
12. Insertion of new Division:
Division 2A—The Contiguous Zone
13A. Rights of control in respect of contiguous zone
13B. Limits of contiguous zone
13C. Charts of limits of contiguous zone
13. Repeal of Schedules 1 and 2 and substitution of new Schedule
14. Transitional: Proclamations to remain in force
PART 3—AMENDMENT OF OTHER LEGISLATION
15. Amendment of Acts
SCHEDULE 1—AMENDMENTS OF ACTS
Admiralty Act 1988
Customs Act 1901
Designs Act 1906
Fisheries Management Act 1991
Migration Act 1958
Minerals (Submerged Lands) Act 1981
National Museum of Australia Act 1980
Petroleum (Submerged Lands) Act 1967
Pipeline Authority Act 1973
Quarantine Act 1908
Sea Installations Act 1987
Whale Protection Act 1980
SCHEDULE 2
SCHEDULE TO BE INSERTED IN THE SEAS AND SUBMERGED LANDS
ACT 1973
Maritime Legislation Amendment
Act 1994
No. 20 of 1994
An Act to amend the law relating to Australia’s maritime
zones under international law, and for related purposes
[Assented to 15 February 1994]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Maritime Legislation Amendment Act 1994.
Commencement
2.(1) Subject to subsection (2), this Act comes into operation on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
PART 2—AMENDMENT OF THE SEAS AND SUBMERGED
LANDS ACT 1973
Principal Act
3. In this Part, “Principal Act” means the Seas and Submerged Lands Act 19731.
Long title
4. The title of the Principal Act is amended by omitting all the words after “Continental Shelf” and substituting “and the Exclusive Economic Zone and to certain rights of control in respect of the Contiguous Zone”.
Preamble
5. The Preamble to the Principal Act is amended:
(a) by omitting the second paragraph and substituting the following paragraph:
“AND WHEREAS Australia as a coastal state has:
(a) sovereign rights in respect of the waters, the sea-bed and the subsoil that constitute the exclusive economic zone of Australia for the purposes of:
(i) exploring the zone; and
(ii) exploiting, conserving and managing the natural resources of the zone; and
(b) sovereign rights with regard to other activities for the economic exploitation and exploration of the…
Overview
The Maritime Legislation Amendment Act 1994, enacted by the Australian Parliament, was introduced to address the need to align Australia's maritime laws with the United Nations Convention on the Law of the Sea (UNCLOS). This legislation aimed to update and expand the scope of the Seas and Submerged Lands Act 1973 to incorporate provisions for the Exclusive Economic Zone (EEZ), the Contiguous Zone, and other related maritime rights and jurisdiction. The Act sought to ensure that Australia's maritime zones and sovereign rights were consistent with international law, providing a legal framework for the exploration, exploitation, conservation, and management of marine resources. By amending the Seas and Submerged Lands Act 1973 and updating definitions and provisions in various other Acts, the Maritime Legislation Amendment Act 1994 aimed to enhance Australia's maritime governance and regulatory capabilities in line with global maritime standards.
Scope and Application
The Maritime Legislation Amendment Act 1994 applies to the Commonwealth of Australia, including its states and territories. The Act amends the Seas and Submerged Lands Act 1973 to reflect Australia's maritime zones under international law, particularly focusing on the exclusive economic zone and the contiguous zone. The Act defines terms such as "territorial sea," "exclusive economic zone," "contiguous zone," and "continental shelf," and it includes provisions for determining the limits of these zones. It vests Australia's rights and jurisdiction in the exclusive economic zone in the Crown and establishes the sovereign rights and jurisdiction over other activities for the economic exploitation and exploration of the zone. The Act also grants Australia jurisdiction in accordance with international law for activities such as the establishment and use of artificial islands, marine scientific research, and the protection and preservation of the marine environment within the exclusive economic zone. Additionally, it declares Australia's rights of control within the contiguous zone to prevent and punish infringements of customs, fiscal, immigration, or sanitary laws within Australia or its territorial sea. The Act extends to the Australian territories, and its provisions can be applied through subordinate instruments, such as proclamations and charts, to define the limits of maritime zones.
Key Provisions
- The Maritime Legislation Amendment Act 1994 amends the Seas and Submerged Lands Act 1973 and other related acts to bring Australian maritime law into alignment with international conventions. The Act establishes Australia's sovereign rights and jurisdiction over its territorial sea, contiguous zone, exclusive economic zone (EEZ), and continental shelf. The Act declares that Australia's rights and jurisdiction in its EEZ are vested in the Crown in right of the Commonwealth (Section 10A). It also allows the Governor-General to declare the limits of Australia's EEZ and continental shelf by proclamation, provided they comply with international agreements (Sections 10B and 13B). Furthermore, the Act mandates the Minister to prepare charts showing the limits of these maritime zones, with certified copies of these charts serving as prima facie evidence of their content (Sections 10C and 13C).
- The Act imposes obligations on the government to publish and maintain updated charts of the maritime zones and to ensure that any proclamations regarding these zones comply with relevant international agreements. It also requires the government to take measures to protect the marine environment and sustainably manage the natural resources within these zones.
- Breaching the provisions of this Act can result in various legal consequences. For example, unauthorised activities within Australia's maritime zones, such as fishing, drilling, or laying cables and pipelines without permission, can lead to penalties. The specific penalties vary depending on the nature and severity of the breach but can include fines and imprisonment. Additionally, the Act allows for the seizure of vessels and equipment used in the unauthorised activities, and it mandates the release of arrested vessels and crews upon the posting of reasonable bond or security.
- In summary, the Maritime Legislation Amendment Act 1994 sets out the legal framework for Australia's maritime zones, delineates the rights and responsibilities of the government and private entities within these zones, and establishes penalties for non-compliance with the Act's provisions.
- Area of Law
- Environmental Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Licensing & Registration
- Enforcement Powers
- Regulatory Standards
