Continental Shelf (Living Natural Resources) Amendment Act 1980

Overview

The Continental Shelf (Living Natural Resources) Amendment Act 1980 was enacted to address the need for better regulation of activities on the continental shelf with respect to living natural resources, particularly focusing on the conservation of marine life, including whales. This amendment to the Continental Shelf (Living Natural Resources) Act 1968 was introduced by the Australian Parliament to ensure that activities on the continental shelf do not conflict with the preservation and protection of marine life. The policy objective is to integrate environmental conservation measures into the administration of the continental shelf, particularly highlighting the importance of whale protection in the context of continental shelf activities. The Act was designed to work in conjunction with the Whale Protection Act 1980, thereby ensuring a coordinated approach to marine conservation.

Scope and Application

The Continental Shelf (Living Natural Resources) Amendment Act 1980 is a legislative amendment that applies to the administration of the Continental Shelf (Living Natural Resources) Act 1968, with a particular focus on the preservation, conservation, and protection of whales and other cetaceans. This Act applies to all persons and entities involved in activities related to living natural resources on the Australian continental shelf and the continental shelf of external Territories. The jurisdictional reach of this amendment extends to the Commonwealth of Australia, encompassing federal waters and external territories. It introduces provisions for the Minister to issue notices prohibiting the navigation of ships in specified areas of the continental shelf under certain conditions, and establishes exceptions to these prohibitions where navigating is necessary for safety reasons. The Act does not explicitly state exclusions or thresholds but extends its application through subordinate instruments that may further define the specifics of its provisions.

Key Provisions

The Continental Shelf (Living Natural Resources) Amendment Act 1980 (the "Act") makes several significant amendments to the Continental Shelf (Living Natural Resources) Act 1968 (the "Principal Act"). Section 3 of the Act inserts a new section 6 into the Principal Act, requiring the Minister to ensure that any measures taken under the Act do not conflict with the preservation, conservation, and protection of whales and other cetacea (section 6(1)). This amendment underscores the importance of balancing marine resource management with the conservation of marine life. The Act also modifies section 12 of the Principal Act by expanding the types of notices that the Minister can issue (section 4). Specifically, the Minister can now prohibit, either at all times or during a specified period, the navigation of a ship in a specified area of the Australian continental shelf or a specified area of the continental shelf of an external Territory if the ship has been issued a licence under section 13(2) of the Principal Act (section 12(1)(g)). The Act further provides that a single notice can encompass matters referred to in two or more of the provisions of section 12(1) (section 4(c)). The Act imposes obligations on individuals and entities involved in maritime activities within the specified areas. For instance, any person navigating a ship within the prohibited areas must comply with the notices issued by the Minister. Failure to comply with such notices can result in criminal and civil consequences. Under the amended section 16 of the Principal Act, a person does not contravene the Act if they navigate in contravention of a notice under section 12(1)(g) if it was necessary to do so, by reason of weather or sea conditions, in order to secure the safety of the ship or of human life (section 16(3)). Section 16(3) also delineates the circumstances under which navigating a ship in contravention of a notice under section 12(1)(g) does not constitute an offence. This provision ensures that maritime safety and the preservation of human life take precedence over compliance with the notice, provided the navigation was necessitated by immediate safety concerns. Any breaches of the Act not covered by this exception can lead to criminal penalties, including fines and imprisonment, as stipulated in the Principal Act.