Seas and Submerged Lands (Limits of Contiguous Zone) Proclamation 1999

Overview

The Seas and Submerged Lands (Limits of Contiguous Zone) Proclamation 1999 was made under the authority of the Seas and Submerged Lands Act 1973 by the Governor-General, William Patrick Deane, with the advice of the Federal Executive Council. This proclamation aimed to delineate the outer limits of Australia's contiguous zone, which extends 24 nautical miles from the baselines used to measure the territorial sea, except for areas within the external territories where the baselines are established under international law. The proclamation also excluded certain areas north of the seabed jurisdiction line as stipulated in the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978. The policy objective of this legislation was to clarify and regulate Australia's maritime boundaries and ensure the proper management of its marine resources.

Scope and Application

The Seas and Submerged Lands (Limits of Contiguous Zone) Proclamation 1999 is a legislative instrument issued under the Seas and Submerged Lands Act 1973. This proclamation delineates the outer limits of Australia’s contiguous zone, which extends 24 nautical miles from the baselines used to measure the territorial sea for areas of Australia other than its external territories, and from baselines established under international law for external territories. The proclamation applies to the entire Australian jurisdiction, including its external territories, but excludes specific areas north of the seabed jurisdiction line in relation to the Treaty between Australia and the Independent State of Papua New Guinea. This exclusion is confined to regions east of 141° East longitude and west of 145° East longitude. The proclamation operates in conjunction with any relevant maritime boundary agreements, such as the Torres Strait Treaty, and its provisions can be further elaborated or modified through subordinate instruments as necessary to align with international maritime law and bilateral agreements.

Key Provisions

This proclamation, known as the Seas and Submerged Lands (Limits of Contiguous Zone) Proclamation 1999, establishes the outer limits of Australia's contiguous zone under section 13B of the Seas and Submerged Lands Act 1973. The proclamation commences immediately upon gazettal. It defines the "Treaty" as the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two countries, including the area known as Torres Strait, and Related Matters, which was done at Sydney on 18 December 1978. The main operative sections of this proclamation detail the specific outer limits of Australia’s contiguous zone. According to section 4, these limits are generally set at 24 nautical miles seaward of the baselines from which the territorial sea is measured, as determined by proclamation under section 7 of the Seas and Submerged Lands Act 1973, for areas of Australia other than its external Territories. For external Territories, the outer limits are 24 nautical miles seaward of the baselines established under international law. However, section 5 excludes any part of the area north of the seabed jurisdiction line set out in Annex 5 of the Treaty that lies between the meridians of Longitude 141° East and 145° East. The obligations and requirements imposed by this proclamation on the parties and entities it governs are primarily concerned with the delineation of Australia's maritime boundaries. It requires the adherence to the specified limits of the contiguous zone, ensuring that activities within this zone are regulated according to Australian law. For external Territories, the proclamation mandates compliance with international law in establishing baselines. The proclamation also outlines potential consequences for breaches of its provisions. Although specific offences and penalties are not detailed within the text of the proclamation itself, breaches of maritime boundary regulations and jurisdictional limits under the Seas and Submerged Lands Act 1973 can lead to significant civil and criminal penalties. Under Australian law, violations of maritime boundaries can result in substantial fines and imprisonment, reflecting the importance of maintaining clear and enforceable maritime limits for national security and sovereignty.