Seas and Submerged Lands Amendment Proclamation (No. 2) 2019

Administered by Attorney-General's Department

Legislation au F2019L01350 Not in force Legislative Instrument

Legislation content

SEAS AND SUBMERGED LANDS AMENDMENT PROCLAMATION (NO.2) 2019

 

EXPLANATORY STATEMENT

 

Issued by the authority of the Attorney-General

 

under section 10B of the Seas and Submerged Lands Act 1973

 

 

 

Section 10B of the Seas and Submerged Lands Act 1973 provides that the Governor-General may, from time to time, by Proclamation declare, not inconsistently with Articles 55 or 57 of the United Nations Convention on the Law of the Sea (UNCLOS) or any relevant international agreement to which Australia is a party, the limits of the whole or any part of the exclusive economic zone (EEZ) of Australia.

 

Article 55 of UNCLOS provides that the EEZ is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in Part V of UNCLOS, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of the Convention. Article 57 provides that the EEZ shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

 

The limits of Australia’s EEZ were first declared on 26 July 1994 in the Seas and Submerged Lands Act 1973 - Proclamation under Section 10B (EEZ Proclamation), which was amended in 2005 to give effect to the 2004 Treaty between the Government of Australia and the Government of New Zealand establishing certain Exclusive Economic Zone and Continental Shelf Boundaries.

 

The EEZ Proclamation was most recently amended in March 2019 to implement the EEZ boundary between Australia and Timor-Leste in the Timor Sea, in accordance with Article 4 of the Treaty Between Australia and the Democratic Republic of Timor-Leste Establishing their Maritime Boundaries in the Timor Sea (the Treaty).

 

The purpose of the Seas and Submerged Lands Amendment Proclamation (No.2) 2019 (the Proclamation) is to amend the EEZ Proclamation to ensure that Australia’s EEZ boundary with Timor-Leste properly aligns with Australia’s Proclamation in respect of the outer limits of the EEZ in Timor Sea West. The Proclamation also provides for formatting changes and amends previous minor errors in the Proclamation.  

 

The Proclamation is consistent with Australia’s obligations under Articles 55 and 57 of UNCLOS, and with other relevant international agreements to which Australia is a Party.

 

Details of the Proclamation are set out at Attachment A.

 

The Proclamation is a legislative instrument for the purposes of the Legislation Act 2003.

 

No public consultation was undertaken in relation to the Proclamation. 

 

 

 

Authority:  Section 10B of the Seas and Submerged Lands Act 1973

 


Attachment A

Details of the Seas and Submerged Lands Amendment Proclamation (No.2) 2019

Section 1 – Name

Section 1 gives the name of the Proclamation as the Seas and Submerged Lands Amendment Proclamation (No.2) 2019.

Section 2 – Commencement

Section 2 provides that the whole of the instrument will commence the day after the Proclamation is registered.

Section 3 – Authority

Section 3 confirms that the instrument is made under section 10B of the Seas and Submerged Lands Act 1973 (the Act).

Section 4 – Schedules

Section 4 clarifies that items in the Schedule have the effect of amending or repealing sections of the Seas and Submerged Lands Act - Proclamation under Section 10B. Section 4 also clarifies that the other items in the Schedule have effect according to their terms.

Schedule 1 – Amendments 

Items 1 and 2 provide that the reference to the use of different datum sets are revised to refer to reformatted subparagraphs under the Proclamation.

Items 3 and 4 repeal the phrase ‘The line’ and replaces it with ‘(1) The line’. The Proclamation has been reformatted to provide for three different subsections under Paragraph 2. This amendment provides for the first of three subsections under Paragraph 2 of the Proclamation. 

Item 5 inserts coordinate (xa) into the Proclamation to ensure Australia’s boundary with TimorLeste aligns with Australia’s existing EEZ boundary in the Timor Sea West.

Item 6 repeals the existing subparagraph and inserts ‘then north-easterly along the geodesic to the point of Latitude 11°20´05.0996˝ S, Longitude 126°30´55.5968˝ E and continuing from this point south-easterly along the geodesic to the point identified in paragraph 2(za)’. This clarifies that Australia’s EEZ boundary in the Timor Sea West concludes at point (za).

Item 7 adds the subheading ‘(2) The line’, which provides for the second subheading under Paragraph 2 of the Proclamation.

Item 8 repeals the existing subparagraph and inserts ‘commencing at the point of Latitude 11°20´02.90˝ S, Longitude 126°31´58.40˝ E;’. While the coordinate remains the same, the addition of the text ‘commencing at the point…’ clarifies that Australia’s EEZ boundary with TimorLeste commences at point (za).

Item 9 repeals ‘E;’ and replaces it with ‘E.’ The addition of a full stop at the end of this subsection clarifies that Australia’s EEZ boundary with Timor-Leste ends at this coordinate as agreed under the Treaty.

Item 10 provides for the third and final subsection under Paragraph 2 by including the title ‘(3) The line’.

Item 11 repeals the existing subparagraph and inserts ‘continuing, from the point identified in paragraph (2)(zf),  northeasterly along the geodesic to the point of Latitude 10°28´05.1256˝ S, Longitude 128°13´55.6444˝ E. This clarifies that Australia’s EEZ boundary in the Arafura Sea commences at point (zf).

Item 12 amends a previous minor error in the Proclamation to insert a seconds symbol where there was previously a minutes symbol.

Item 13 amends a previous minor error in the Proclamation to insert the word ‘E’ where this word was previously missing. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Seas and Submerged Lands Amendment Proclamation (No.2) 2019

The Seas and Submerged Lands Amendment Proclamation 2019 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the disallowable legislative instrument

The Seas and Submerged Lands Amendment Proclamation (No.2) 2019 amends the EEZ Proclamation to ensure that Australia’s EEZ boundary with Timor-Leste properly aligns with Australia’s Proclamation in respect of the outer limits of the EEZ in Timor Sea West. The Proclamation also provides for formatting changes and amends previous minor errors in the Proclamation.  

The Proclamation is made under section 10B of the Seas and Submerged Lands Act 1973. Under that provision, the Governor-General may, from time to time, by Proclamation declare, not inconsistently with Articles 55 or 57 of the United Nations Convention on the Law of the Sea (UNCLOS) or any relevant international agreement to which Australia is a party, the limits of the whole or any part of the EEZ of Australia.

The Proclamation is consistent with Australia’s obligations under Articles 55 and 57 of UNCLOS, and with other relevant international agreements to which Australia is a Party.

Human rights implications

The Seas and Submerged Lands Amendment Proclamation (No.2) 2019 does not engage any of the applicable rights or freedoms.

Conclusion

The Seas and Submerged Lands Amendment Proclamation (No.2) 2019 is compatible with human rights as it does not raise any human rights issues.

 

 

Overview

The Seas and Submerged Lands Amendment Proclamation (No.2) 2019, enacted under section 10B of the Seas and Submerged Lands Act 1973, aims to amend the existing exclusive economic zone (EEZ) Proclamation to ensure the correct alignment of Australia’s EEZ boundary with Timor-Leste in the Timor Sea West. This amendment is essential to address discrepancies identified in the original EEZ Proclamation, which was initially declared in 1994 and subsequently amended in 2005 and 2019. The Proclamation also corrects minor formatting errors and inconsistencies in the previous proclamations. The proclamation was made without public consultation and is consistent with Australia's international obligations under the United Nations Convention on the Law of the Sea (UNCLOS) and other relevant agreements. The instrument was issued by the authority of the Attorney-General and is considered compatible with human rights, as it does not engage any applicable rights or freedoms.

Scope and Application

The Seas and Submerged Lands Amendment Proclamation (No.2) 2019 is an instrument that amends the existing Seas and Submerged Lands Act 1973 - Proclamation under Section 10B, specifically focusing on adjusting the exclusive economic zone (EEZ) boundaries between Australia and Timor-Leste in the Timor Sea and Arafura Sea. This amendment ensures that Australia's EEZ boundary aligns with its existing boundaries in the Timor Sea West, as agreed under the Treaty Between Australia and the Democratic Republic of Timor-Leste Establishing their Maritime Boundaries in the Timor Sea. Additionally, the Proclamation corrects formatting issues and minor errors in the previous Proclamation. The instrument is made under the authority of section 10B of the Seas and Submerged Lands Act 1973, which allows the Governor-General to declare the limits of Australia's EEZ, provided it is consistent with Articles 55 and 57 of the United Nations Convention on the Law of the Sea and any relevant international agreements Australia is party to. This amendment does not engage any applicable human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, thus it is deemed compatible with human rights.

Key Provisions

The main provisions of the Seas and Submerged Lands Amendment Proclamation (No.2) 2019 are to amend the existing EEZ Proclamation to ensure the boundary between Australia and Timor-Leste aligns properly, and to make formatting changes and correct minor errors. Specifically, Section 1 of the Proclamation names the document, while Section 2 states that it will commence on the day after it is registered. Section 3 confirms the authority under Section 10B of the Seas and Submerged Lands Act 1973. Section 4 clarifies that items in the Schedule have the effect of amending or repealing sections of the Seas and Submerged Lands Act - Proclamation under Section 10B. The Schedule includes specific changes such as reformatted subparagraphs, revised coordinates to align boundaries, and corrections to minor errors in the existing Proclamation. The Proclamation imposes certain obligations and requirements on the parties involved. Firstly, it requires that the EEZ boundary between Australia and Timor-Leste be accurately aligned according to the specified coordinates and geospatial descriptions. The reformatted subparagraphs and the inclusion of specific coordinates are intended to ensure clarity and accuracy in delineating the maritime boundaries. Additionally, the Proclamation mandates that any references to datum sets and other technical details be updated to reflect the most current and accurate information. Furthermore, the formatting changes and corrections to previous minor errors aim to enhance the overall readability and legal consistency of the Proclamation. Under the Seas and Submerged Lands Amendment Proclamation (No.2) 2019, there are no specific offences, penalties, or civil/criminal consequences outlined for breach of its provisions. However, any failure to comply with the precise maritime boundaries and technical details as specified in the Proclamation could potentially lead to disputes or legal challenges between Australia and Timor-Leste. Such disputes could be addressed through diplomatic negotiations or international legal mechanisms, as the Proclamation is designed to align with Australia's obligations under international agreements such as the United Nations Convention on the Law of the Sea (UNCLOS). The Proclamation itself does not provide for specific penalties but ensures that Australia’s maritime boundaries are clearly and accurately defined in accordance with international law.

Legal classification tags

Area of Law
Environmental Law
Instrument
Proclamation
Concepts
Commencement Provisions
Regulatory Standards
Extraterritorial Application

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.