Offshore Minerals Act 2003 (WA)

Western Australia

Western Australia

Offshore Minerals Act 2003

An Act relating to exploration for, and the recovery of, minerals (other than petroleum) in the first 3 nautical miles of the territorial sea in respect of Western Australia, and for related purposes.

This Act may be cited as the Offshore Minerals Act 2003.

This Act comes into operation on a day fixed by proclamation.

• (1)

  The Commonwealth and the States have agreed that — 

  • (a)

    Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and

  • (b)

    the States should share, in the manner provided by the Offshore Minerals Act 1994 of the Commonwealth, in the administration of the Commonwealth offshore mining legislation; and

  • (c)

    State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and

  • (d)

    the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea.

Notes for this subsection:

• 1.

  So far as the agreement relates to petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982.

• 2.

  Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To keep uniformity between this Act and the Commonwealth Act the numbers of the sections that are not relevant up to section 423 have not been used in the numbering of this Act. A section of this Act and the corresponding section of the Commonwealth Act up to section 423 will therefore have the same number. From section 424 onwards the two Acts differ significantly and uniformity of numbering has not been maintained.

• (2)

  Other Acts that provide background in this State to the agreement (commonly referred to as the “Offshore Constitutional Settlement”) are — 

  • (a)

    the Seas and Submerged Lands Act 1973, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and

  • (b)

    the Petroleum (Submerged Lands) Act 1982 of this State.

Notes for this subsection:

• 1.

  The Seas and Submerged Lands Act 1973 —

• (a)

  declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;

• (b)

  gives the Governor‑General power to declare, by Proclamation, the limits of the territorial sea;

• (c)

  declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits…