Commonwealth Numbered Acts

NAVIGATION AMENDMENT ACT 1980 No. 87, 1980 - SECT 8

8. Section 8 of the Principal Act is repealed and the following sections are
substituted: Off-shore industry fixed structures, mobile units and vessels

"8. (1) In this section-

'Australia' includes such of the external Territories as are prescribed for
the purposes of this section;

'Australian coastal sea' means-

        (i)    the territorial sea of Australia; and

        (ii)   the sea on the landward side of the territorial sea of
               Australia and not within the limits of a State or Territory;

'natural resources' means the mineral and other non-living resources of the
seabed and its subsoil.



"(2) A reference in this Act to an off-shore industry fixed structure shall be
read as a reference to a structure (including a pipeline) that-

   (a)  is fixed to the seabed and is not able to move or be moved as an
        entity from one place to another; and

   (b)  is used or intended for use in, or in any operations or activities
        associated with or incidental to, exploring or exploiting the natural
        resources of any or all of the following, namely-

        (i)    the continental shelf of Australia;

        (ii)   the seabed of the Australian coastal sea; and

        (iii)  the subsoil of that seabed.



"(3) A reference in this Act to an off-shore industry mobile unit shall be
read as a reference to-

   (a)  a vessel that is used or intended for use wholly or primarily in, or
        in any operations or activities associated with or incidental to,
        exploring or exploiting the natural resources of any or all of the
        following, namely-

        (i)    the continental shelf of Australia;

        (ii)   the seabed of the Australian coastal sea; and

        (iii)  the subsoil of that seabed, by drilling the seabed or its
               subsoil with equipment on or forming part of the vessel or by
               obtaining substantial quantities of material from the seabed or
               its subsoil with such equipment;

   (b)  a structure (not being a vessel) that-

        (i)    is able to float or be floated;

        (ii)   is able to move or be moved as an entity from one place to
               another; and

        (iii)  is used or intended for use wholly or primarily in, or in any
               operations or activities associated with or incidental to,
               exploring or exploiting the natural resources of any or all of
               the following, namely-

                (A)  the continental shelf of Australia;

                (B)  the seabed of the Australian coastal sea; and

                (C)  the subsoil of that seabed, by drilling the seabed or its
                     subsoil with equipment on or forming part of the
                     structure or by obtaining substantial quantities of
                     material from the seabed or its subsoil with such
                     equipment; or

   (c)  a barge or like vessel fitted with living quarters for more than 12
        persons and used or intended for use wholly or primarily in connection
        with the construction, maintenance or repair of off-shore industry
        fixed structures.



"(4) A reference in this Act to an off-shore industry vessel shall be read as
a reference to-

   (a)  a ship (not being an off-shore industry mobile unit) that is used or
        intended for use wholly or primarily in, or in any operations or
        activities associated with or incidental to, exploring or exploiting
        the natural resources of any or all of the following, namely-

        (i)    the continental shelf of Australia;

        (ii)   the seabed of the Australian coastal sea; and

        (iii)  the subsoil of that seabed; or

   (b)  any other ship (not being an off-shore industry mobile unit, or
        a ship, or a ship included in a class of ships, declared by the
        Minister, by instrument in writing, to be a ship or a class of ships,
        as the case requires, to which this paragraph does not apply) at any
        time when it is being so used.



"(5) A vessel or other structure that is used or intended for use in, or in
any operations or activities associated with or incidental to, exploring or
exploiting natural resources referred to in paragraph (3) (a) or sub-paragraph
(3) (b) (iii) shall not be taken not to be an off-shore industry mobile unit
by reason only that the vessel or other structure is also used or intended for
use in, or in operations or activities associated with or incidental to,
exploring or exploiting other natural resources.



"(6) A barge or like vessel that is used or intended for use in connection
with the construction, maintenance or repair of off-shore industry fixed
structures shall not be taken not to be an off-shore industry mobile unit by
reason only that the vessel is also used or intended for use in connection
with the construction, maintenance or repair of other structures.



"(7) A ship that is used or intended for use in, or in any operations or
activities associated with or incidental to, exploring or exploiting natural
resources referred to in paragraph (4) (a) shall not be taken not to be an
off- shore industry vessel by reason only that the ship is also used or
intended for use in, or in operations or activities associated with or
incidental to, exploring or exploiting other natural resources. Off-shore
industry vessels to which Act applies

"8A. (1) In this section-

'prescribed period', in relation to an application under sub-section (2) or a
declaration made under sub-section (5) upon such an application, means the
period of 3 years from the date of the making of the application; 'State
Marine Minister' means-

   (a)  in relation to a State-the Minister of the Crown of the State who is
        the member for the State of the conference of Commonwealth, State and
        Northern Territory Ministers known as the Marine and Ports Council of
        Australia; or

   (b)  in relation to the Northern Territory-the Minister of the Northern
        Territory who is the member for the Northern Territory of the
        conference of Commonwealth, State and Northern Territory Ministers
        known as the Marine and Ports Council of Australia.



"(2) The owner of an off-shore industry vessel the operations of which are not
intended to be confined during the next 3 years to the waters of the sea
adjacent to the coast of one State or to the waters of the sea adjacent to the
Northern Territory may apply, in the prescribed form or in a form approved by
the Minister by instrument in writing, for a declaration under sub-section (5)
in relation to the off-shore industry vessel.



"(3) An application under sub-section (2) shall specify the States and
Territories from which it is intended that the off-shore industry vessel will
operate during the prescribed period.



"(4) Where the Minister receives an application under sub-section (2) in
relation to an off-shore industry vessel, he shall forward a copy of the
application to the State Marine Minister for each State specified in the
application as a State from which the off-shore industry vessel will operate
during the prescribed period and, if the Northern Territory is so specified,
the State Marine Minister for the Northern Territory.



"(5) Where the Minister is of the opinion, after taking into account any
information given to him by a State Marine Minister for a State or the
Northern Territory, that the operations of an off-shore industry vessel in
relation to which an application has been made under sub-section (2) will not
be confined during the prescribed period to the waters of the sea adjacent to
the coast of one State or to the waters of the sea adjacent to the Northern
Territory, the Minister may, by instrument in writing, declare the off-shore
industry vessel to be an off-shore industry vessel to which this Act applies.



"(6) A declaration under sub-section (5) lapses at the expiration of the
prescribed period.



"(7) A reference in this Act to an off-shore industry vessel to which this Act
applies shall be read as a reference to an off-shore industry vessel in
respect of which a declaration under sub-section (5) is in force.



"(8) For the purposes of this section, the waters of the sea adjacent to the
coast of a State or of the Northern Territory shall be deemed to comprise the
waters of the sea within the limits of that State or Territory and so much of
the waters of the sea within the area the boundary of which is described under
the heading referring to that State or Territory in Schedule 2 to the
Petroleum (Submerged Lands) Act 1967 as are within the outer limit of the
continental shelf of Australia. Ships imported into Australia deemed to be
registered in Australia

"8B. (1) Subject to sub-section (2) and except where the contrary intention
appears, the provisions of this Act apply in relation to a ship (other than an
off-shore industry vessel or an off-shore industry mobile unit) not registered
in Australia that has been imported into Australia within the meaning of the
Customs Act 1901 as if it were registered in Australia and were not registered
in any other country.



"(2) The Minister may, by instrument in writing, direct that, in relation to a
ship, or ships included in a class of ships, specified in the direction,
sub-section (1) does not have effect or does not have effect in respect of a
provision or provisions of this Act specified in the direction.



"(3) A direction under sub-section (2)-

   (a)  is subject to such conditions (if any) as are specified inthe
        direction; and

   (b)  may be confined to a particular period or to one or more particular
        voyages or operations.



"(4) If a condition that is applicable to a ship by virtue of a direction
under sub-section (2) is contravened or not complied with, the master and the
owner of the ship are each guilty of an offence punishable upon conviction by
a fine not exceeding $1,000.".