Seas and Submerged Lands Act 1973 - Proclamation under section 7 (29/08/2000)

Overview

The Proclamation Seas and Submerged Lands Act 1973 was enacted to provide the legal framework for determining the extent of Australia’s maritime zones, including the territorial sea, contiguous zone, and the continental shelf. This Act was introduced to address the need for clear delineation and management of Australia’s maritime boundaries, ensuring national sovereignty and the protection of marine resources. Under section 7 of this Act, the Governor-General, acting on advice from the Federal Executive Council, has the authority to declare the limits of Australia’s territorial sea, thereby extending or modifying these boundaries as necessary. The policy objective of the Act is to establish a definitive legal basis for the administration of Australia’s maritime territories, ensuring compliance with international law and facilitating the protection of Australia’s marine environment and resources.

Scope and Application

The Proclamation Sea and Submerged Lands Act 1973 applies specifically to the geographic boundaries of Australia's territorial sea in the southern area of the Gulf of Carpentaria. The proclamation extends the outer limit of the territorial sea to include the part of the roadstead near the Port of Karumba in Queensland, which extends beyond the previous limits as declared on 9 November 1990. This legislative instrument delineates the new limits of the roadstead through a series of geographic coordinates, all expressed in terms of the World Geodetic System 1984 (WGS 84). The proclamation is a direct action under the authority of the Governor-General, acting with the advice of the Federal Executive Council, and it has a national reach within the Commonwealth of Australia. There are no stated exclusions or exemptions within the proclamation, and it stands as a specific amendment to the previously established maritime boundaries. Subordinate instruments may further detail the application and enforcement of these new maritime limits, but the primary effect is the extension of Australia's territorial sea in the specified area.

Key Provisions

The Proclamation under the Seas and Submerged Lands Act 1973 primarily extends the outer limit of the territorial sea in the southern area of the Gulf of Carpentaria to include the roadstead near the Port of Karumba in Queensland, which previously extended beyond the declared limits (section 7). The specified coordinates (section 1(b)) demarcate the new outer limit of this roadstead, clearly defining its geographical boundaries using the World Geodetic System 1984 (WGS 84). This legislation imposes specific obligations on various entities, including federal and state authorities, maritime operators, and the general public. Federal and state authorities must recognise and enforce the new maritime boundaries as declared in the Proclamation. Maritime operators, such as shipping companies and fishing vessels, must adhere to these new territorial limits when navigating through the area. The general public and businesses must also comply with any new regulations or restrictions that may arise from these altered maritime boundaries. The Seas and Submerged Lands Act 1973 includes provisions for penalties and consequences in case of non-compliance with its provisions. Breaches of the Act can result in civil penalties, which may include fines and other financial sanctions. Furthermore, in cases of wilful or negligent breaches, there can be criminal penalties. The specific penalties are not detailed in the Proclamation itself but would typically be found in the relevant sections of the Act, where maximum penalties could be outlined. These penalties serve to enforce compliance and ensure the effective administration of maritime boundaries and regulations.