Papua New Guinea Act 1974 (Cth)

PAPUA NEW GUINEA ACT 1974

No. 56 of 1974

An Act to amend the Papua New Guinea Act 1949-1973.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —

Short title and citation.

1.(1) This Act may be cited as the Papua New Guinea Act 1974.1

(2) The Papua New Guinea Act 1949-1973, as amended by this Act, may be cited as the Papua New Guinea Act 1949-1974.

Commencement.

2.This Act shall come into operation on the day on which it receives the Royal Assent.

Laws relating to off-shore mineral resources.

3.After section 52 of the Principal Act the following section is inserted:—

“52a. (1) In this section—

‘continental shelf’ has the same meaning as in the Convention entitled ‘Convention on the Continental Shelf’ signed at Geneva on 29 April 1958;

‘off-shore area’ means the sea-bed and subsoil beneath the waters within the areas specified in Schedule 2 to the Petroleum (Submerged Lands) Act 1967-1973, as in force at the commencement of this section, as being adjacent, respectively, to the Territory of Papua and to the Territory of New Guinea, to the extent only that those waters are territorial waters or superjacent waters of the continental shelf.

“(2) The power to make laws conferred on the House of Assembly by section 52 includes power to make laws in relation to—

(a) the exploration of the off-shore area for mineral resources, including petroleum resources, and the exploitation of those resources; and

(b) acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with any such exploration or exploitation.

“(3) The power to make laws referred to in sub-section (2), and laws made in pursuance of that power, are not affected by any law of Australia relating to a matter referred to in paragraph (a) or (b) of that sub-section.

“(4) This section shall not be construed as limiting by implication any other power of the House of Assembly to make laws under section 52.”.

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