EXPLANATORY STATEMENT
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Seas and Submerged Lands Act 1973
Seas and Submerged Lands Amendment Proclamation 2005 (No. 1)
Section 10B of the Seas and Submerged Lands Act 1973 (the Act) provides that the Governor‑General may, from time to time, by Proclamation, declare, not inconsistently with Article 55 or 57 of the United Nations Convention on the Law of the Sea (Law of the Sea Convention), or any relevant international agreement to which Australia is a party, the limits of the whole or of any part of the exclusive economic zone of Australia.
The Proclamation revokes the Seas and Submerged Lands Amendment Proclamation 2004 (No. 1) of 16 December 2004 and declares the outer limits of Australia’s exclusive economic zone consistent with boundaries agreed between Australia and New Zealand.
The exclusive economic zone is a maritime zone that may extend up to 200 nautical miles from the coast of a State and in which the coastal State has sovereign rights for the purpose of exploring and exploiting, conserving and managing the living and non-living resources, including those resources on or under the sea bed.
The Australian Minister for Foreign Affairs and his New Zealand counterpart signed the Treaty between the Government of Australia and the Government of New Zealand establishing certain Exclusive Economic Zone Boundaries and Continental Shelf Boundaries (the Treaty) on 25 July 2004.
The outer limits of Australia’s exclusive economic zone were first declared in a Proclamation of 26 July 1994. The Seas and Submerged Lands Amendment Proclamation 2004 (No. 1) was made on 16 December 2004. The Proclamation of 16 December 2004 amended the Proclamation of 26 July 1994 to ensure that the outer limit of Australia’s exclusive economic zone in relation to New Zealand is consistent with the Treaty.
The Australian signature text of the Treaty contained five erroneous coordinates in relation to that part of the exclusive economic zone generated by Macquarie Island. These errors also occur in the Proclamation of 16 December 2004. The errors in the Treaty have been rectified by an Exchange of Notes. The Proclamation is required to ensure Australian law reflects the Treaty as rectified.
The Proclamation will commence on the day on which the Treaty enters into force. The Treaty will enter into force when Australia and New Zealand advise each other that their respective requirements for entry into force have been finalised. From Australia’s perspective, the making of Proclamations declaring the outer limits of Australia’s exclusive economic zone and continental shelf in relation to New Zealand is the only action of a legislative nature required before the Treaty can enter into force.
The Proclamation is consistent with Article 55 and 57 of the Law of the Sea Convention (which define and set the limits of the exclusive economic zone).
No public consultation was undertaken in relation to the Proclamation, as it merely makes minor changes to a previous Proclamation.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Seas and Submerged Lands Amendment Proclamation 2005 (No. 1) was enacted to correct errors in the previous proclamation and to ensure that Australia's exclusive economic zone boundaries, as agreed with New Zealand, are accurately reflected in Australian law. This proclamation, issued under the authority of the Governor-General, aligns the legal boundaries with the corrected coordinates as stipulated in the Treaty between Australia and New Zealand, which was signed on 25 July 2004. The policy objective is to maintain consistent and legally accurate maritime boundaries in accordance with international agreements, particularly the United Nations Convention on the Law of the Sea. The proclamation ensures that Australia's sovereign rights over its economic zone are clearly defined and internationally recognised.
Scope and Application
The Seas and Submerged Lands Amendment Proclamation 2005 (No. 1) pertains to the declaration of Australia's exclusive economic zone (EEZ), specifically addressing the outer limits of Australia's EEZ in relation to New Zealand. This legislation applies to the Commonwealth of Australia and any relevant international agreements to which Australia is a party, ensuring consistency with the United Nations Convention on the Law of the Sea (Law of the Sea Convention). The Proclamation revokes a previous Proclamation issued in 2004 and updates the coordinates to align with a rectified Treaty between Australia and New Zealand, which was signed on 25 July 2004. The EEZ, extending up to 200 nautical miles from Australia's coast, grants the nation sovereign rights for exploring, exploiting, conserving, and managing marine resources. This legislative instrument ensures that Australian law reflects the corrected boundaries as stipulated in the Treaty, facilitating its entry into force upon the necessary notifications from both countries.
Key Provisions
The Seas and Submerged Lands Amendment Proclamation 2005 (No. 1) (the Proclamation) amends the existing declaration of Australia's exclusive economic zone (EEZ) to correct earlier errors in the coordinates of the zone's boundaries with New Zealand, as agreed in the Treaty between the Government of Australia and the Government of New Zealand (the Treaty). This is achieved by revoking the previous Proclamation (the 2004 Proclamation) and issuing a new one that aligns with the corrected Treaty. Section 10B of the Seas and Submerged Lands Act 1973 allows the Governor-General to make such changes by Proclamation, ensuring they are consistent with international agreements like the United Nations Convention on the Law of the Sea (the Law of the Sea Convention).
The Proclamation imposes on relevant parties, including federal and state authorities, the obligation to recognise and enforce the newly declared boundaries of Australia's EEZ as stated in the Proclamation. This means that any activities related to the exploration and exploitation of marine resources within these boundaries must comply with the laws and regulations governing Australia's EEZ. Additionally, the Proclamation requires that all actions taken within the EEZ must respect the sovereign rights of Australia, ensuring that both domestic and international laws are adhered to in this maritime zone.
Failure to comply with the boundaries and provisions set forth in the Proclamation can lead to legal consequences. Although the Proclamation itself does not specify penalties, breaches of the Seas and Submerged Lands Act 1973, which governs the EEZ, can result in both civil and criminal penalties. For instance, unauthorised exploitation of marine resources within the EEZ could lead to fines or imprisonment under the relevant sections of the Act. The severity of penalties can vary based on the nature and extent of the breach, with significant fines and lengthy imprisonment terms possible for serious offences. The exact penalties would be determined in accordance with the broader legal framework established by the Seas and Submerged Lands Act 1973 and other applicable laws.