Seas and Submerged Lands Amendment Act 1980 (Cth)

Seas and Submerged Lands Amendment Act 1980

No. 79 of 1980

An Act to amend the Seas and Submerged Lands Act 1973

[Assented to 29 May 1980]

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

Short title, &c.

1. (1) This Act may be cited as the Seas and Submerged Lands Amendment Act 1980.

(2) The Seas and Submerged Lands Act 1973 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Saving of other laws

3. Section 16 of the Principal Act is amended—

(a) by inserting “, other than the Northern Territory,” after “Territory” in paragraph (a);

(b) by inserting “or of the Northern Territory” after “State” in paragraph (b); and

(c) by adding at the end thereof the following sub-section:

“(2) A law of a State or of the Northern Territory shall not be taken to be within the words of exception in paragraph (b) of sub-section (1)—

(a) by reason that the law makes provision with respect to, or touching or concerning, any sea-bed or subsoil that is declared by Division 1 to be within the sovereignty of the Crown in right of the Commonwealth, or the living or non-living resources of any such sea-bed or subsoil, if proprietary rights in respect of that sea-bed or subsoil have become vested in the Crown in right of the State or of the Northern Territory, as the case may be, by or under a law of the Commonwealth; or

 

(b) by reason that the law makes provision with respect to, or touching or concerning, any sea-bed or subsoil referred to in Division 1 or Division 2 but in respect of which paragraph (a) does not apply, or the living or non-living resources of any such sea-bed or subsoil, if the law is otherwise within powers with respect to particular matters that are conferred on the legislature of the State or of the Northern Territory, as the case may be, by the Coastal Waters (State Powers) Act 1980 or the Coastal Waters (Northern Territory Powers) Act 1980.”.