Coastal Waters (State Powers) Act 1980
Act No. 75 of 1980 as amended
This compilation was prepared on 1 July 2008
taking into account amendments up to Act No. 17 of 2006
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Extent of territorial sea and coastal waters
5 Legislative powers of States
6 International status of territorial sea
7 Savings
Notes
An Act to extend the legislative powers of the States in and in relation to coastal waters
Preamble
WHEREAS, in pursuance of paragraph (xxxviii) of section 51 of the Constitution of the Commonwealth, the Parliaments of all the States have requested the Parliament of the Commonwealth to enact an Act in, or substantially in, the terms of this Act:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
1 Short title [see Note 1]
This Act may be cited as the Coastal Waters (State Powers) Act 1980.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation.
3 Interpretation
(1) In this Act:
adjacent area in respect of the State means, in relation to each State, the area the boundary of which was described under the heading referring to that State in Schedule 2 to the repealed Petroleum (Submerged Lands) Act 1967 as in force immediately before the commencement of this Act.
coastal waters of the State means, in relation to each State:
(a) the part or parts of the territorial sea of Australia that is or are within the adjacent area in respect of the State, other than any part referred to in subsection 4(2); and
(b) any sea that is on the landward side of any part of the territorial sea of Australia and is within the adjacent area in respect of the State but is not within the limits of the State or of a Territory.
(2) The Acts Interpretation Act 1901, in the form in which it was in force, as amended, immediately before the day on which this Act received the Royal Assent, applies to the interpretation of this Act.
4 Extent of territorial sea and coastal waters
(1) For the purposes of this Act, the limits of the territorial sea of Australia shall be the limits existing from time to time, ascertained consistently with the Seas and Submerged Lands Act 1973 and instruments under that Act and with any agreement (whether made before or after the commencement of this Act) for the time being in force between Australia and another country with respect to the…
Overview
The Coastal Waters (State Powers) Act 1980, enacted by the Commonwealth Parliament, addresses the need to extend the legislative powers of the states to cover coastal waters and related areas. This Act was introduced in response to a request from state parliaments under section 51(xxxviii) of the Australian Constitution. The objective of this Act is to empower state legislatures to enact laws concerning coastal waters, which include the territorial sea and the seabed and subsoil beneath it, as well as the airspace above these waters. By doing so, it seeks to provide states with the necessary legal framework to manage activities such as subterranean mining, ports, harbours, shipping facilities, and coastal works within their jurisdiction, while ensuring that the status of Australia's territorial sea under international law remains unaffected. Additionally, the Act clarifies that it does not extend state boundaries, affect extra-territorial powers, or override Commonwealth laws or the Constitution.
Scope and Application
The Coastal Waters (State Powers) Act 1980 applies to the states of Australia, extending their legislative powers to coastal waters and the adjacent areas. The Act provides specific definitions for "adjacent area" and "coastal waters" concerning each state, as outlined in Schedule 2 of the repealed Petroleum (Submerged Lands) Act 1967. The legislative powers of each state can extend to making laws applicable to the sea-bed, subsoil, and airspace above the coastal waters, as well as to waters beyond the outer limits of the coastal waters in certain circumstances. The Act also ensures that its provisions do not affect the international status of Australia's territorial sea, nor do they extend the limits of any state, derogate from any existing extra-territorial powers, or conflict with Commonwealth laws or the Constitution.
The Act's jurisdiction is limited to the coastal waters and adjacent areas of each state, as defined, and does not alter the existing boundaries of any state. The breadth of the territorial sea is subject to the Seas and Submerged Lands Act 1973, international agreements, and any relevant instruments or declarations. The Act's application may be further extended or restricted through subordinate instruments, which are subject to the application provisions set out in the Notes section.
Key Provisions
- The Coastal Waters (State Powers) Act 1980 (sections 3-7) defines the legislative powers of the states in relation to coastal waters, which include the territorial sea and areas beyond, subject to certain limits and agreements. The Act specifies that the legislative powers of the states extend to making laws for the seabed and subsoil beneath the coastal waters, as well as the airspace above. Furthermore, it allows states to enact laws for activities such as subterranean mining, ports, harbours, and other coastal works within their adjacent areas.
- The obligations imposed by the Act require states to ensure that their laws do not extend beyond the defined limits of their coastal waters, nor do they encroach upon the Commonwealth's powers as stipulated in the Constitution. States must also ensure that their laws do not conflict with Commonwealth laws or international agreements, particularly those concerning the territorial sea and the rights of innocent passage under international law.
- Violations of the Act may result in legal consequences. While the Act does not explicitly state penalties, breaches of state laws made under its authority could potentially lead to civil or criminal penalties as determined by state legislation. For instance, unauthorised activities in the coastal waters, such as illegal fishing or mining, might incur fines or imprisonment as per the respective state laws. Additionally, any actions that contravene international agreements or the Commonwealth's constitutional rights might be subject to judicial review or other legal remedies at both state and federal levels.
- Area of Law
- Environmental Law
- Constitutional Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Legislative powers of States
- International status of territorial sea
- Savings
- Extraterritorial Application
