PROCLAMATION
Commonwealth of Australia | By His Excellency the Governor-General of the Commonwealth of Australia |
Governor-General | |
I, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 7 of the Seas and Submerged Lands Act 1973, hereby declare that on and from 20 November 1990 the outer limit of the territorial sea of Australia, other than the parts of the territorial sea referred to in the Schedule, is 12 international nautical miles measured from the baseline established under international law or as otherwise determined by Proclamation under section 7 of the Seas and Submerged Lands Act 1973 from time to time.
_____________
SCHEDULE
EXCEPTED PARTS OF THE TERRITORIAL SEA
1. The territorial sea in respect of an island referred to in Schedule 1, 2, 3, 4, 5, 6 or 7 to the Proclamation under section 7 of the Seas and Submerged Lands Act 1973 dated 4 February 1983 with regard to certain islands comprised within the State of Queensland.
2. The territorial sea in respect of the island referred to in Schedule 8 to that Proclamation to the extent that that Proclamation determines the outer limit of that part of the territorial sea adjacent to that island which lies north of the parallel of Latitude 9°33′00″ South.
BILL HAYDEN
GIVEN under my Hand and the Great Seal of Australia
on 9 Novernber 1990.
By His Excellency’s Command,
Attorney-General
GOD SAVE THE QUEEN!
Overview
The Seas and Submerged Lands Act 1973 was enacted to clarify and define Australia's maritime boundaries and territorial sea limits, addressing the need for a comprehensive legal framework governing Australia's maritime zones. This Act was introduced by the Australian Parliament to provide a clear legal basis for the determination of Australia's maritime jurisdiction, including the territorial sea, contiguous zone, exclusive economic zone, and continental shelf. The Act aims to establish a consistent and internationally recognised baseline for measuring these zones, ensuring the protection of Australia's maritime interests and resources. The policy objective of the Act is to provide certainty and clarity regarding Australia's maritime boundaries, facilitating the management and regulation of marine activities and resources.
The proclamation issued under section 7 of the Seas and Submerged Lands Act 1973, dated 20 November 1990, specifies the outer limit of Australia's territorial sea as 12 international nautical miles from the baseline, except for certain islands in Queensland where the limit may differ as outlined in the Schedule. This proclamation serves to implement the provisions of the Act by delineating the precise extent of Australia's territorial sea, ensuring compliance with international law and facilitating the enforcement of Australia's maritime jurisdiction.
Scope and Application
The legislative instrument F2007B00736, promulgated under section 7 of the Seas and Submerged Lands Act 1973, establishes the outer limit of Australia's territorial sea as 12 international nautical miles from the baseline, except for certain areas specified in the Schedule. This proclamation applies to the entire Commonwealth of Australia and affects all persons and entities operating within its territorial waters. It sets the jurisdictional boundary for maritime activities, ensuring a consistent application of Australia's maritime laws and regulations. However, there are exceptions for specific islands listed in Schedules 1 through 8 of the 1983 Proclamation, where the outer limit is determined differently. These exceptions are particularly pertinent to islands within the state of Queensland, where the baseline and territorial sea limits are set out in detail in the aforementioned schedules. The instrument’s reach is thus national, but it allows for tailored provisions based on geographical specifics and existing proclamations.
Key Provisions
The main operative sections of the proclamation establish that the outer limit of Australia’s territorial sea is generally 12 international nautical miles from its baseline, as per section 7 of the Seas and Submerged Lands Act 1973 (Section 1). However, there are exceptions to this general rule, which are detailed in the Schedule of the proclamation. These exceptions pertain specifically to certain islands within the State of Queensland and one particular island, as outlined in the Schedule (Section 2). This means that the 12-mile limit does not apply uniformly across all parts of Australia’s territorial sea, and different measurements are in place for the areas specified.
The proclamation imposes obligations on various parties, including the Australian government and maritime authorities, to enforce the specified territorial limits. It mandates adherence to the 12-mile outer limit for most of Australia’s territorial sea while allowing for the exceptions as outlined. These exceptions require additional scrutiny and specific jurisdictional considerations for the areas mentioned in the Schedule, ensuring that the appropriate legal frameworks are applied to these regions.
In terms of penalties and consequences for breaches, the proclamation itself does not detail specific criminal or civil penalties. However, breaches of the maritime laws governing Australia’s territorial sea, such as illegal fishing or unauthorized entry, can lead to severe penalties under the relevant maritime legislation. These may include fines, imprisonment, or both, depending on the severity of the offence and the specific provisions of the related statutes. The penalties are designed to enforce compliance with Australia’s maritime boundaries and to protect its sovereign rights over its territorial waters.