EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 389
Issued by the Authority of the Minister for Primary Industry
The purpose of the regulation is to declare the position of the line which will delimit the areas of continental shelf appertaining to Australia from the continental shelf appertaining to the French Republic, between the Territory of the Coral Sea Islands and New Caledonia. The Governments of Australia and France signed an agreement on 4 January 1982 for that purpose.
In addition, the regulation declares the position of part of the seabed jurisdiction line agreed by the Governments of Australia and Papua New Guinea in the Torres Strait Treaty signed on 18 December 1978. It declares an interim median line between the Territory of the Coral Sea Islands and the Solomon Islands as a unilateral action by Australia pending formal agreement with the Government of the Solomon Islands on the position of that line.
Paragraph 25(a) of the Continental Shelf (Living Natural Resources) Act 1968 authorises the Governor-General to make, for prescribed purposes, regulations prescribing short methods of description of areas of the continental shelf of Australia or of an external Territory.
The regulation amends the Continental Shelf (Living Natural Resources) Regulations by revoking the existing long description of the Coral Sea Islands Division and inserting in its stead a long description that will include the lines agreed with France and Papua New Guinea, and the interim median line between the Territory of the Coral Sea Islands and the Solomon Islands.
It is not proposed at this time to prescribe short descriptions of the areas of continental shelf adjacent to Norfolk Island or to the Territory of Heard and McDonald Islands, to which the Agreement with France also makes reference.
An associated proclamation under section 7A of the Fisheries Act 1952 has been signed by the Governor-General in Council, declaring waters, lying on the side nearest to French territory of the line agreed with France, to be excepted waters. The line delimiting Australian and French jurisdictions between the Territory of the Coral Sea Islands and New Caledonia for that purpose is the same as that described in the regulation. The explanation of the numerical differences between the geographical co-ordinates describing the same point in the two instruments is that the Agreement between Australia and France specifies geographical co-ordinates according to the World Geodetic System 1972;
but Divisions of the continental shelf for purposes of the Continental Shelf (Living Natural Resources) Act 1968 are expressed to coincide with the adjacent areas agreed with the States for purposes of the Petroleum (Submerged Lands) Act 1967, section 156 of which provides for geographical co-ordinates to be expressed by reference to the Australian Geodetic Datum.
The Governments of Australia and France have agreed that the Agreement on Maritime Delimitation shall come into force on notification that both countries have completed the legislative and executive steps necessary for its implementation. The inclusion of part of the seabed jurisdiction line agreed by the Torres Strait Treaty is part of a progressive programme of implementation of jurisdictional matters in preparation for entering of the Treaty into force.
Overview
The Statutory Rules 1982 No. 389, issued by the Authority of the Minister for Primary Industry, were enacted to delineate the continental shelf boundaries between Australia and the French Republic, specifically between the Territory of the Coral Sea Islands and New Caledonia. This legislative action addresses the need to clarify maritime boundaries in accordance with international agreements and to facilitate the management of marine resources in these areas. The regulation was authorised by paragraph 25(a) of the Continental Shelf (Living Natural Resources) Act 1968 and aligns with the agreement signed by the Australian and French governments on 4 January 1982. Additionally, the regulation incorporates the seabed jurisdiction line agreed upon by Australia and Papua New Guinea under the Torres Strait Treaty of 18 December 1978, and establishes an interim median line between the Coral Sea Islands and the Solomon Islands, pending a formal agreement with the Solomon Islands. This legislative measure aims to provide clarity and certainty in maritime boundaries and jurisdictional rights over natural resources in the region.
Scope and Application
The regulation declared in Statutory Rule 1982 No. 389, issued under the authority of the Minister for Primary Industry, establishes the demarcation line of Australia's continental shelf from that of the French Republic between the Territory of the Coral Sea Islands and New Caledonia, pursuant to an agreement signed by both governments on 4 January 1982. Furthermore, it defines part of the seabed jurisdiction line agreed upon by Australia and Papua New Guinea in the Torres Strait Treaty signed on 18 December 1978, and declares an interim median line between the Coral Sea Islands and the Solomon Islands as a unilateral action by Australia pending a formal agreement with the Solomon Islands government on the position of that line. The regulation amends the Continental Shelf (Living Natural Resources) Regulations by replacing the existing long description of the Coral Sea Islands Division with a new description incorporating the agreed lines with France and Papua New Guinea, and the interim median line with the Solomon Islands. The regulation does not currently propose to prescribe short descriptions of the areas of continental shelf adjacent to Norfolk Island or the Territory of Heard and McDonald Islands, which are mentioned in the Agreement with France. Additionally, an associated proclamation under section 7A of the Fisheries Act 1952 has been signed by the Governor-General in Council, declaring waters on the French side of the agreed line to be excepted waters, with the line delimiting Australian and French jurisdictions being the same as that described in the regulation. The agreement between Australia and France will come into force upon notification that both countries have completed the necessary legislative and executive steps for its implementation.
Key Provisions
The main operative sections of the regulation establish the delimitation lines for Australia's continental shelf with respect to France, Papua New Guinea, and the Solomon Islands (paragraphs 3 and 4). Section 3 declares the position of the line delimiting Australia's continental shelf from that of the French Republic between the Coral Sea Islands Territory and New Caledonia, in accordance with the Agreement signed on 4 January 1982. Section 4 declares the position of part of the seabed jurisdiction line agreed by the Governments of Australia and Papua New Guinea in the Torres Strait Treaty signed on 18 December 1978. It also declares an interim median line between the Coral Sea Islands Territory and the Solomon Islands, pending formal agreement with the Solomon Islands Government. These sections effectively outline the geographical boundaries and interim arrangements for the respective continental shelf areas.
The Act imposes several obligations on the parties involved. Firstly, it requires the Australian Government to ensure that the delimitation lines specified in the regulation are adhered to in all legal and administrative matters pertaining to the continental shelf. This includes the implementation of the agreed lines in any legislation or administrative actions related to the continental shelf, including those under the Continental Shelf (Living Natural Resources) Act 1968 and the Fisheries Act 1952. Additionally, the regulation requires that the Australian Government notify France of the completion of necessary legislative and executive steps for the Agreement's implementation, ensuring that the maritime boundaries are legally recognised and enforced.
Breaching the provisions of this regulation can lead to both civil and criminal consequences. Under the Continental Shelf (Living Natural Resources) Act 1968, any unauthorised activities within the delimited areas of the continental shelf can result in penalties. For instance, unauthorised exploitation of living natural resources can lead to fines or imprisonment. The Fisheries Act 1952 also stipulates penalties for illegal fishing within the excepted waters, which could include substantial fines and potential imprisonment. The maximum penalties are not explicitly stated in the regulation but typically align with the penalties prescribed under the respective Acts, which can include significant fines and imprisonment terms depending on the severity of the breach.