Coastal Waters (Northern Territory Title) Act 1980

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Legislation au C2004A02279 In force Act

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Coastal Waters (Northern Territory Title) Act 1980

 

No. 78 of 1980

 

 

 

 

 

An Act to vest in the Northern Territory of Australia proprietary rights and title in respect of certain land beneath the coastal waters adjacent to the Territory and within the sovereignty of the Commonwealth

 

 

 

Contents

1  Short title

2  Commencement

3  Interpretation

4  Vesting of title in Territory

5  Parts of sea‑bed occupied by Commonwealth and Commonwealth Authorities

6  International status of territorial sea

7  Savings

 

 

 

Coastal Waters (Northern Territory Title) Act 1980

No. 78, 1980

 

 

 

An Act to vest in the Northern Territory of Australia proprietary rights and title in respect of certain land beneath the coastal waters adjacent to the Territory and within the sovereignty of the Commonwealth

[Assented to 29 May 1980]

1  Short title

  This Act may be cited as the Coastal Waters (Northern Territory Title) Act 1980.

2  Commencement

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

3  Interpretation

 (1) In this Act:

authority of the Commonwealth includes all authorities and bodies (other than companies or societies) established by or appointed under the laws of the Commonwealth and also includes a company in which the whole of the shares or stock, or shares or stock carrying more than half of the voting power, is or are owned by or on behalf of the Commonwealth, but does not include the Northern Territory.

coastal waters of the Territory has the same meaning as that expression has in the Coastal Waters (Northern Territory Powers) Act 1980.

prescribed substances means substances that were prescribed substances within the meaning of the Atomic Energy Act 1953 immediately before the date of commencement of this Act.

Territory means the Northern Territory of Australia.

 (2) In this Act, so far as the context admits, a reference to the sea‑bed beneath the coastal waters of the Territory shall be read as including a reference to the subsoil (including all minerals other than prescribed substances) beneath that sea‑bed and to structures or other things attached to that sea‑bed.

4  Vesting of title in Territory

 (1) By force of this Act, but subject to this Act, there are vested in the Territory, upon the date of commencement of this Act, the same right and title to the property in the sea‑bed beneath the coastal waters of the Territory, as extending on that date, and the same rights in respect of the space (including space occupied by water) above that sea‑bed, as would belong to the Territory if that sea‑bed were the sea‑bed beneath waters of the sea within the limits of the Territory.

 (2) The rights and title vested in the Territory under subsection (1) are vested subject to:

 (a) any right or title to the property in the sea‑bed beneath the coastal waters of the Territory of any other person (including the Commonwealth) subsisting immediately before the date of commencement of this Act, other than any such right or title of the Commonwealth that may have subsisted by reason only of the sovereignty referred to in the Seas and Submerged Lands Act 1973;

 (b) a right of the Commonwealth, or an authority of the Commonwealth authorized by the Commonwealth or by a law of the Commonwealth, to use the sea‑bed and space referred to in subsection (1) for purposes in relation to communications, the safety of navigation, quarantine or defence, and to place, construct and maintain equipment and structures for the purposes of such use; and

 (c) a right of the Commonwealth to authorize the construction and use of pipelines for the transport across the sea‑bed referred to in subsection (1) of petroleum (including petroleum in gaseous form), recovered, in accordance with a law of the Commonwealth, from any area of the sea‑bed beyond the coastal waters of the Territory.

 (3) Where, after the commencement of this Act, a change takes place in the baseline from which the breadth of the territorial sea of Australia is measured:

 (a) if, by reason of the change, the coastal waters of the Territory extend to an area to which they did not previously extend—subsections (1) and (2) have effect in relation to that area as if the references in those subsections to the date of commencement of this Act were references to the date on which the change occurs; or

 (b) if, by reason of the change, the coastal waters of the Territory cease to extend to an area to which they previously extended—neither the Territory, nor any person claiming through the Territory, continues to have, by virtue of the operation of this Act, any right or title in relation to that area.

 (4) It is the intention of the Parliament that, subject to subsection (2), any right or title vested in the Territory by this section may be disposed of or otherwise dealt with in accordance with the laws of the Territory.

5  Parts of sea‑bed occupied by Commonwealth and Commonwealth Authorities

 (1) In relation to a part of the sea‑bed that was, immediately before the commencement of this Act, occupied by, or by structures, installations or other property of, the Commonwealth or an authority of the Commonwealth, subsections 4(1) and (2) do not take effect upon commencement of this Act but take effect upon such date, if any, as is fixed by the Minister, by notice in the Gazette, as the date on which those subsections are to take effect in respect of that part of the sea‑bed, and so take effect as if references in those subsections to the date of commencement of this Act were references to the date so fixed.

 (2) Where a date is fixed under subsection (1) in respect of a part of the sea‑bed, paragraph 4(2)(a) does not operate to preserve any right or title of the Commonwealth or an authority of the Commonwealth that may have subsisted in respect of that part of the sea‑bed immediately before that date.

6  International status of territorial sea

  Nothing in this Act affects the status of the territorial sea of Australia under international law or the rights and duties of the Commonwealth in relation to ensuring the observance, in relation to that sea or any other waters, of international law, including the provisions of international agreements binding on the Commonwealth and, in particular, the provisions of the Convention on the Territorial Sea and the Contiguous Zone relating to the right of innocent passage of ships.

7  Savings

  Nothing in this Act shall be taken to:

 (a) extend the limits of the Territory; or

 (b) derogate from any right or title of the Territory apart from this Act.

 

 

 

Overview

The Coastal Waters (Northern Territory Title) Act 1980 was enacted to vest in the Northern Territory of Australia proprietary rights and title in respect of certain land beneath the coastal waters adjacent to the Territory and within the sovereignty of the Commonwealth. This Act was assented to on 29 May 1980 by the Parliament of Australia, aiming to clarify and affirm the Northern Territory's ownership and rights over the seabed and the waters above it, subject to certain reservations. The primary objective of this legislation was to ensure that the Northern Territory could exercise control over its coastal waters and seabed, facilitating better governance and management of marine resources while preserving the Commonwealth's rights and obligations under international law. The Act does not extend the geographical limits of the Territory nor does it derogate from any existing rights or titles of the Territory apart from those specified within the Act.

Scope and Application

The Coastal Waters (Northern Territory Title) Act 1980 vests proprietary rights and title in the Northern Territory of Australia over certain land beneath the coastal waters adjacent to the Territory and within the sovereignty of the Commonwealth. The Act applies to the Northern Territory, defining its rights and title over the seabed beneath its coastal waters, subject to any pre-existing rights or titles held by other entities, such as the Commonwealth, and rights concerning the use of the seabed and space above it for purposes like communications, navigation, and defence. The Act also outlines the international status of the territorial sea, ensuring that its provisions do not affect the status of Australia's territorial sea under international law, nor the Commonwealth's obligations to ensure compliance with international law, including the Convention on the Territorial Sea and the Contiguous Zone. The Act does not extend the geographical limits of the Northern Territory or derogate from any rights or titles of the Territory apart from those vested by this Act. Additionally, the Act provides for the application of its provisions to parts of the seabed previously occupied by the Commonwealth or its authorities, with the Minister having the authority to specify the effective date through a notice in the Gazette.

Key Provisions

The Coastal Waters (Northern Territory Title) Act 1980 (Cth) primarily deals with the vesting of proprietary rights and title in the Northern Territory of Australia over the sea-bed beneath the coastal waters adjacent to the Territory (section 4). This Act subjects these rights and titles to specific conditions, including the preservation of existing rights held by other entities such as the Commonwealth and Commonwealth authorities (section 4(2)). Furthermore, it outlines the circumstances under which the vested rights may be exercised, specifically regarding the use of sea-bed for purposes such as communications, safety of navigation, quarantine, and defence (section 4(2)(b)) and the transportation of petroleum (section 4(2)(c)). The Act also addresses the impact of changes in the baseline from which the breadth of the territorial sea of Australia is measured, providing that any new areas coming under the coastal waters of the Territory will be subject to the Act's provisions (section 4(3)(a)), and conversely, any areas that cease to be coastal waters will no longer be subject to the Act (section 4(3)(b)). The Act imposes specific obligations on the Northern Territory to manage the vested rights and titles in accordance with its laws (section 4(4)). It also requires the Minister to fix a date for the vesting of rights in sea-bed areas that were previously occupied by the Commonwealth or Commonwealth authorities (section 5(1)). Moreover, the Act mandates that any rights or titles of the Commonwealth or its authorities in such areas are not preserved after the specified date (section 5(2)). Additionally, the Act ensures that the international status of Australia's territorial sea and the Commonwealth's duties under international law remain unaffected (section 6). The Act further clarifies that it does not extend the limits of the Northern Territory nor derogate from any rights or titles of the Territory apart from those vested by the Act (section 7). There are no specific offences, penalties, or civil/criminal consequences mentioned in the Act. However, it is important to note that any breach of the obligations and requirements imposed by this Act could potentially lead to legal actions for infringement of rights or failure to comply with specified conditions. The Act's provisions are designed to ensure that the vested rights and titles are exercised in a manner consistent with the broader legal and international frameworks governing the use and management of coastal waters and sea-bed areas.

Legal classification tags

Area of Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Vesting of title in Territory
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.