Sea Installations Act 1987
No. 102, 1987
Compilation No. 40
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Sea Installations Act 1987 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Objects of Act
4 Interpretation
5 Adjacent areas
6 Installation of sea installations
7 Attachments to sea installations
8 Extension to external Territories
9 Act binds the Crown
11 Application of Act
11A Application of Act in relation to Greater Sunrise special regime area
12 Saving of other laws
13 Act to apply subject to international obligations
13A Application of the Criminal Code
Part V—Application of laws and jurisdiction of courts in relation to sea installations
45 Application of Commonwealth Acts in adjacent areas
46 Application of laws in areas adjacent to States
47 Application of laws in areas adjacent to Territories
48 Installations and goods deemed to have been imported into certain external Territories
49 Jurisdiction of courts
50 Rules of courts
Part VI—Offences and procedures relating to sea installations
51 Direct journeys between sea installations and external places prohibited
55 Directions for removal of sea installations etc.
57 Safety zones
59 Injunctions
Part VII—Administration
60 Appointment of inspectors
61 Identity cards
62 Power of entry
63 Power to require information
65 Indictable offences
66 Conduct by directors, employees or agents
Part IX—Miscellaneous
73 Recompense of expenses incurred by States etc.
74 Delegation
75 Application for review
76 Statement to accompany notice of decisions
77
Overview
The Sea Installations Act 1987 was enacted by the Australian Parliament to address the regulatory gap concerning installations in Australia's adjacent maritime areas. The primary objective of the Act is to ensure the safe operation of sea installations in adjacent areas, which are defined as waters of the sea outside the territorial sea of Australia but within the exclusive economic zone or continental shelf, or other specified areas. The Act applies to all natural and juridical persons, including those from foreign countries, and to all bodies corporate, regardless of their place of incorporation or business operations. It aims to apply appropriate laws to these installations, thereby ensuring compliance with safety standards and operational regulations. The Act's provisions include the installation, operation, and regulation of sea installations, as well as the establishment of safety zones and the imposition of penalties for non-compliance.
Scope and Application
The Sea Installations Act 1987 applies to all natural persons, whether Australian citizens or not, and to all bodies corporate, regardless of where they are incorporated or conducting business. The Act extends to all external Territories, binding the Crown in each of its capacities. The Act's jurisdiction covers sea installations in adjacent areas, defined as waters outside the territorial sea but within the exclusive economic zone or continental shelf of Australia or its external Territories. Adjacent areas include specified regions around States, the Northern Territory, and external Territories such as the Coral Sea area, Ashmore and Cartier Islands, and Australian Antarctic Territory. The Act applies to sea installations used for environment-related activities, excluding specific structures like cargo ships, excluded fishing installations, and submarine cable installations. The application of the Act in relation to the Greater Sunrise special regime area is treated as if it were part of the adjacent area in respect of the Northern Territory, with specific provisions regarding the application to Australian nationals, permanent residents, and other entities. The Act also includes provisions for the application of Commonwealth Acts, state laws, and territorial laws in adjacent areas, with certain exclusions and modifications as detailed in the regulations. The Act extends to the application of the Criminal Code (excluding Part 2.5) to all offences against it. Subordinate instruments may further regulate activities, safety, and procedures related to sea installations, including the imposition of penalties for contraventions.
Key Provisions
- The Sea Installations Act 1987 primarily aims to regulate activities related to sea installations in Australian adjacent areas, ensuring safety and proper application of relevant laws. The Act defines key terms such as "sea installation," "adjacent area," and "installation of sea installations," and outlines the scope of its application, including extensions to external Territories and the Greater Sunrise special regime area. It imposes various obligations on parties involved, such as prohibiting direct journeys between sea installations and external places unless certain conditions are met, and requiring the Minister to direct the removal or repair of installations that cause damage. Inspectors are granted extensive powers to board, search, and examine installations to ensure compliance with the Act, with specific provisions regarding entry into residential or sleeping quarters. The Act also mandates that specified Commonwealth Acts apply in adjacent areas, and it details the jurisdiction of courts and the process for making regulations to enforce the Act.
- Entities governed by the Act, including owners, operators, and individuals on sea installations, must comply with the prohibition on direct journeys and removal directions issued by the Minister. They are also required to provide necessary information to inspectors and adhere to safety zones established around installations. Failure to comply with these obligations can result in civil or criminal penalties, including fines and imprisonment. The Act imposes strict liability for certain offences, meaning that intent or knowledge of the offence is not necessary for conviction.
- Offences under the Sea Installations Act include making direct journeys between sea installations and external places, contravening removal directions, entering safety zones, and failing to provide required information to inspectors. Penalties vary depending on the nature of the offence and the status of the offender, with fines ranging from 500 penalty units for natural persons to 2,500 penalty units for body corporates. Indictable offences, such as certain violations of the Act, are tried in higher courts, while summary offences can be dealt with in courts of summary jurisdiction if both parties consent. The Act also includes provisions for injunctions to prevent or restrain conduct that contravenes the Act, and it specifies the procedure for applying for review of certain decisions made under the Act.
- Area of Law
- Environmental Law
- Maritime Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegated & Subordinate Legislation
- Offence Provisions
- Enforcement Powers
- Prohibited Conduct
- Regulatory Standards