Off-shore (Application of Laws) Amendment Act 1983 (WA)

WESTERN AUSTRALIA.

OFF-SHORE

(APPLICATION OF LAWS).

No. 37 of 1983.

AN ACT to amend the Off-shore (Application of

Laws) Act 1982.

[Assented to 1 December 1983.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:-

1. (1) This Act may be cited as the Off-shore ,siaisrateon.

(Application of Laws) Amendment Act 1983.

(2) In this Act the Off-shore (Application of fly z,:21

Laws) Act 1982 is referred to as the principal Act.

(3) The principal Act as amended by this Act may be cited as the Off-shore (Application of Laws) Act 1982-1983.

No. 37.] Off-shore (Application of Laws). [1983.

Section 2

amended. 2. Section 2 of the principal Act is amended

(a) by inserting before the definition of "coastal waters of the State" the following definition-

" "adjacent area in respect of the State" has the same meaning as, in relation to Western Australia, that expression has in the Coastal Waters (State Powers) Act 1980 of the Commonwealth; ";

(b) in the definition of "coastal waters of the State" by deleting "Commonwealth; and" and substituting the following-

" Commonwealth; ";

(c) in the definition of "law of the State" by deleting "Commonwealth." and substitut- ing the following-

" Commonwealth; "; and

(d) by inserting after the definition of "law of the State" the following definitions-

" "shipping matters" means matters relating to ports, harbours and other shipping facilities, including installations and dredging and other works, relating thereto, and other coastal works;

"subterranean mining" means sub- terranean mining from land within the limits of the State. ".

1983.] Off-shore (Application of Laws). [No. 37.

3. After section 3 of the principal Act the =gad!

following section is inserted-

Application

3A. (1) It is declared that	of certainlaws of the
State to the
adjacent

(a)	the provisions of every law of the	amain
respect of
State, being a law with respect to	the State.
subterranean mining or shipping matters, shall be taken to have effect in and in relation to the adjacent area in respect of the State including the sea-bed and sub-soil beneath and the airspace above that adjacent area as if that adjacent area was part of Western Australia; and
(b)	any reference in a written law of the State, being a law with respect to subterranean mining or shipping matters, to Western Australia or to the State or to the jurisdiction or any other like reference shall be read as including a reference to the adjacent area in respect of the State.

(2) Nothing in subsection (1) of this

section shall be taken

(a)	to limit the operation of any written law of the State intended to operate beyond the coastal waters of the State; or
(b)	to apply the provisions of the criminal laws within the meaning of the Crimes (Offences at Sea) Act 1979 in force in the State to or in relation to any act or omission to which section 6 (1) of that Act applies. ".