Minerals (Submerged Lands) Act 1981

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Minerals (Submerged Lands) Act 1981

Act No. 81 of 1981 as amended

[Note: This Act is repealed by Act No. 29 of 1994]

This compilation was prepared on 28 August 2000
taking into account amendments up to Act No. 29 of 1994

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

 

 

 

Contents

Part I—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

4 Adjacent areas................................

5 Spaces above and below adjacent areas.................

6 Extension to certain Territories......................

7 Application of Act..............................

Part II—The Joint Authorities

8 Establishment of Joint Authorities....................

9 Acting Ministers...............................

10 Functions of Joint Authorities.......................

11 Procedure of Joint Authorities.......................

12 Notification by Designated Authority of decisions by Joint Authority

13 Certain Territories..............................

Part III—Application of Laws

14 Application of laws in areas adjacent to States.............

15 Jurisdiction of State courts.........................

16 Application of laws in areas adjacent to Territories...........

17 Jurisdiction of Territory courts.......................

18 Parts IV and V not affected by this Part.................

Part IV—Mining

Division 1—Preliminary

19 Designated Authorities...........................

20 Delegation..................................

21 Graticulation of Earth's surface and constitution of blocks......

22 Reservation of blocks............................

Division 2—Exploration permits

23 Application for permit...........................

24 Form of application for permit etc.....................

25 Grant or refusal of permit..........................

26 Rights conferred by permit.........................

27 Term of permit................................

28 Application for renewal of permit.....................

29 Application for renewal of permit to be in respect of reduced area..

30 Grant or refusal of renewal of permit...................

Division 3—Production licences

31 Application for licence...........................

32 Form of application for licence etc.....................

33 Grant or refusal of licence.........................

34 Rights conferred by licence........................

35 Term of licence...............................

36 Application for renewal of licence....................

37 Grant or refusal of renewal of licence...................

38 Works to be carried out...........................

Division 4—Works Authorities

39 Application for works authority......................

40 Grant of works authority..........................

41 Rights conferred by works authority...................

42 Term of works authority..........................

Division 5—Registration of instruments

43 Register of certain instruments to be kept................

44 Other matters to be entered in Register..................

45 Creation of interests in permits etc.....................

46 True consideration to be shown......................

47 Devolution of permits etc..........................

48 Caveats....................................

49 Joint Authority etc. not concerned with certain matters........

50 Production and inspection of documents.................

51 Inspection of Register and documents..................

52 Evidentiary provisions...........................

53 Appeals....................................

54 Joint Authority etc. not liable to certain actions.............

55 Offences....................................

56 Assessment of fee..............................

57 Supreme Court................................

Division 6—General

58 Information to be furnished........................

59 False or misleading statements etc.....................

60 Conditions of permit etc...........................

61

Overview

The Minerals (Submerged Lands) Act 1981, enacted by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, addresses the exploration and exploitation of mineral resources on Australia's continental shelf beyond the territorial sea limits. This Act was introduced to ensure that the Commonwealth, the States, and the Northern Territory share in the administration and regulation of mineral resources in these areas, maintaining common principles and practices in the exploration and exploitation of such resources. It delineates the jurisdictional boundaries and establishes Joint Authorities comprising representatives from both the Commonwealth and the States or Territories to manage and oversee activities in the designated areas. The Act also outlines the procedures for applying for and managing exploration permits and production licences, including the conditions, renewals, and cancellations thereof. Additionally, it provides for the establishment of safety zones, the handling of scientific investigations, and the protection of other maritime activities such as navigation and fishing. The Act was repealed by the Offshore Minerals (Consequential Provisions) Act 1994, but its provisions were largely subsumed into the Offshore Minerals Act 1994.

Scope and Application

The Minerals (Submerged Lands) Act 1981 applies to all natural persons and corporations, irrespective of their citizenship or place of business, regarding the exploration and exploitation of minerals from the continental shelf beyond the territorial sea limits adjacent to Australian States and the Northern Territory. The Act delineates the legislative jurisdiction, with the Commonwealth legislating for the exploration and exploitation of minerals beyond the territorial sea, while State and Territory laws apply to areas within their respective territorial seas. The Act is extended to specific territories including the Territory of Ashmore and Cartier Islands, Norfolk Island, and the Territory of Heard and McDonald Islands. Notably, it excludes the exploration and exploitation of mineral resources through subterranean mining from land within the State or Territory under their respective laws. The Act is administered through Joint Authorities, which consist of Commonwealth and State/Territory ministers. These Joint Authorities have the power to establish procedures, grant exploration permits and production licences, and issue works authorities for activities related to mineral exploration and recovery. The Act also regulates the registration of permits, licences, and works authorities, and provides for the creation, transfer, and surrender of interests in these instruments, subject to approval by the Joint Authority. Additionally, it addresses various operational and safety standards, the handling of scientific investigations, the protection of other maritime activities, and the enforcement mechanisms including fines, forfeiture orders, and the jurisdiction of courts for related offences. The Act was repealed by the Offshore Minerals (Consequential Provisions) Act 1994, which came into operation on 25 February 1994.

Key Provisions

  • The Minerals (Submerged Lands) Act 1981 outlines the legislative framework for the exploration and exploitation of minerals, other than petroleum, from submerged lands adjacent to Australia and certain territories. The Act is divided into several parts, with key provisions including the establishment of Joint Authorities (sections 8-13), the application of State and Territory laws to adjacent areas (sections 14-18), the process for obtaining exploration permits (sections 23-30), production licences (sections 31-38), and works authorities (sections 39-42). The Act also provides for the registration of instruments related to permits, licences, and works authorities (sections 43-55), the imposition of conditions on permits, licences, and works authorities (sections 58-72), and the enforcement of work practices and safety zones (sections 63-76).
  • The Act imposes obligations on various parties, including the Joint Authorities, Designated Authorities, permittees, licensees, and holders of works authorities. The Joint Authorities are responsible for making decisions regarding the grant, renewal, or refusal of permits, licences, and works authorities, and for imposing conditions on these instruments. The Designated Authorities are responsible for keeping a Register of permits, licences, and works authorities, and for ensuring that operations are conducted in a proper and workmanlike manner, with due regard for safety, health, and the environment. Permittees, licensees, and holders of works authorities are required to comply with the conditions imposed on their permits, licences, or works authorities, and to carry out specified works and operations within the designated areas. The Act also imposes obligations on inspectors to inspect and monitor activities related to mineral exploration and recovery.
  • There are various offences and penalties outlined in the Act for breaches of its provisions. For example, making a false entry in a Register or producing a false document in evidence carries a penalty of $5,000 (section 55). Failing to comply with a direction given by the Designated Authority carries a penalty of $10,000 (section 66). Interfering with other rights, such as navigation or fishing, to a greater extent than necessary for the reasonable exercise of rights under the Act carries a penalty of $10,000 (section 75). Failure to furnish information or to comply with a requirement to be sworn or make an affirmation when required carries a penalty of $10,000 (section 84). Exploring for or recovering minerals without a permit or licence carries a penalty of $50,000 or imprisonment for 5 years, or both (section 90). Continuing offences, where an offence continues so long as the required action remains undone, carry a penalty of up to $10,000 for each additional offence committed on each day the offence continues (section 91). Offences against the Act are generally indictable offences, but may be tried summarily if the court and the parties consent (section 92). In cases of conviction for certain offences, the Court may order the forfeiture of specified assets, such as vessels, equipment, or recovered minerals, or may require the payment of a sum of money to the Commonwealth (section 93). The Act also provides for the release of information and the payment of royalties to the States and Northern Territory (sections 79, 86).
  • In summary, the Minerals (Submerged Lands) Act 1981 provides a comprehensive legislative framework for the exploration and exploitation of minerals from submerged lands adjacent to Australia and certain territories, with a focus on cooperation between the Commonwealth, States, and Territories, and on ensuring that activities are conducted in a safe, environmentally responsible manner. The Act imposes a range of obligations and requirements on parties involved in mineral exploration and recovery, and sets out various offences and penalties for breaches of its provisions.

Legal classification tags

Area of Law
Environmental Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
Enforcement Powers
Penalties & Sanctions
Works to be carried out
Rights & Protections
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.