Continental Shelf (Living Natural Resources) Amendment Act 1978

Overview

The Continental Shelf (Living Natural Resources) Amendment Act 1978 was enacted to amend the Continental Shelf (Living Natural Resources) Act 1968, addressing specific gaps related to the enforcement of regulations concerning the commercial use of sedentary organisms on the continental shelf. This legislation was enacted by the Commonwealth Parliament, with a clear policy objective to strengthen the legal framework governing marine resource management and ensure compliance with regulations pertaining to the exploitation of marine life. The amendments focus on bolstering the defence provisions and regulatory oversight mechanisms to prevent unauthorised commercial activities, particularly those involving foreign vessels, thus safeguarding Australia's marine biodiversity and ensuring sustainable use of natural resources within its continental shelf.

Scope and Application

The Continental Shelf (Living Natural Resources) Amendment Act 1978 amends the Continental Shelf (Living Natural Resources) Act 1968, which governs the regulation of living natural resources on the continental shelf of Australia. The 1978 Amendment Act applies to offences committed after it comes into operation and primarily revises the defences available to persons prosecuted under the Principal Act for offences related to unlicensed operations and the use of ships and divers in the search and taking of sedentary organisms for commercial purposes. It applies to any person, ship, or diver involved in such activities within the jurisdiction of the Commonwealth of Australia, particularly in relation to Australia's continental shelf. The Act does not specify exclusions or exemptions, but it does provide exceptions to the defences available if the ship used in the unlicensed operations is a foreign ship. The application of this Act may be extended or further defined through subordinate regulations, which would need to be consistent with the legislative intent and scope as outlined in the principal and amending Acts.

Key Provisions

The Continental Shelf (Living Natural Resources) Amendment Act 1978 (Act) amends the Continental Shelf (Living Natural Resources) Act 1968 (Principal Act). The main operative sections (section 3) modify the defences available to persons prosecuted for offences related to searching for or taking sedentary organisms for commercial purposes. Specifically, section 15 of the Principal Act is amended to provide that it is a defence to a prosecution if the person charged can prove they were not involved in commercial activities, using a ship, possessing a ship, or employing divers for such purposes. However, this defence does not apply if the activities were conducted using a foreign ship (subsections 6a and 6b). The Act imposes obligations on parties to ensure compliance with the specified commercial activities on the continental shelf. It mandates that any searches for or taking of sedentary organisms must not be for commercial purposes, and if ships, possession of ships, or employment of divers are involved, they must not be used for such commercial activities. The Act also specifies that these obligations apply to foreign ships used within the jurisdiction, ensuring uniformity in enforcement regardless of the nationality of the vessel. Breach of the provisions of the Act can lead to criminal offences. Under the amended section 15, any person found guilty of an offence against subsections (1), (2), (3), or (4) can face prosecution. If the offence involves the use of a foreign ship, the defences outlined in subsections (6a) and (6b) do not apply. The Act does not specify the exact penalties for these offences, but given the nature of the amendments, it is likely that penalties would align with those prescribed under the Principal Act or other relevant legislation for similar violations.