Commonwealth Numbered Acts

PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1980 No. 80, 1980 - SECT 11

11. Sections 9 to 13 (inclusive) of the Principal Act are repealed and the
following sections inserted in their stead: Application of laws in areas
adjacent to States

"9. (1) Subject to this Act and the regulations, the provisions of the laws,
whether written or unwritten, in force in a State for the time being (other
than laws of the Commonwealth) and the provisions of any instrument having
effect under any of those laws, apply, as provided by this section, in the
adjacent area and so apply as if that area were part of that State and of the
Commonwealth.



"(2) The laws referred to in sub-section (1) do not include laws that are
criminal laws within the meaning of the Crimes at Sea Act 1979, but nothing in
this Act derogates from the operation of that Act.



"(3) A law shall be taken to be a law in force in a State notwithstanding that
that law applies to part only of the State.



"(4) The provisions referred to in sub-section (1) apply to and in relation to
all acts, omissions, matters, circumstances and things touching, concerning,
arising out of or connected with the exploration of the sea-bed or subsoil of
the adjacent area for petroleum and the exploitation of the natural resources,
being petroleum, of that sea-bed or subsoil.



"(5) Without limiting the operation of sub-section (4), the provisions
referred to in sub-section (1) apply-

   (a)  to and in relation to-

        (i)    an act or omission that takes place in, on, above, below or in
               the vicinity of; and

        (ii)   a matter, circumstance or thing that exists or arises with
               respect to or in connection with, a vessel, aircraft, structure
               or installation, or equipment or other property, that is in the
               adjacent area for any reason touching, concerning, arising out
               of or connected with the exploration of the sea-bed or subsoil
               of the adjacent area for petroleum or the exploitation of the
               natural resources, being petroleum, of that sea-bed or subsoil;

   (b)  to and in relation to a person who-

        (i)    is in the adjacent area for a reason of the kind referred to in
               paragraph (a); or

        (ii)   is in, on, above, below or in the vicinity of a vessel,
               aircraft, structure or installation, or equipment or other
               property, that is in the adjacent area for a reason of the kind
               referred to in paragraph (a); and

   (c)  to and in relation to a person in respect of his carrying on any
        operation or doing any work in the adjacent area for a reason of the
        kind referred to in paragraph (a).



"(6) This section does not-

   (a)  give to the provisions of a law of a State an operation, as law of the
        Commonwealth, that they would not have, as law of the State, if the
        adjacent area were within the part of the area described in Schedule 2
        under the heading that refers to that State that is on the landward
        side of the adjacent area;

   (b)  extend to the provisions of any law or instrument in so far as those
        provisions, as applied by this Act, would be inconsistent with a law
        of the Commonwealth, including this Act;

   (c)  apply so as to impose any tax;

   (d)  apply so as to confer or purport to confer any part of the judicial
        power of the Commonwealth on a court, tribunal, authority or officer
        of a State; or

   (e)  apply so as to purport to confer on a court of a State any power that
        cannot, under the Constitution, be conferred by the Parliament on such
        a Court.



"(7) This section does not limit the operation that any law or instrument has
apart from this section.



"(8) The regulations may provide that such of the provisions referred to in
sub-section (1) as are specified in the regulations do not apply by reason of
this section or so apply with such modifications as are specified in the
regulations.





"(9) For the purposes of sub-section (8), 'modification' includes the omission
or addition of a provision or the substitution of a provision for another
provision.



"(10) Notwithstanding anything in this section or in section 10, the
regulations that may be made for the purposes of sub-section (8) include
regulations having the effect that provisions as modified by the regulations
make provision for and in relation to investing a court of a State with
federal jurisdiction. Jurisdiction of State courts

"10. (1) Except as otherwise prescribed, the several courts of a State are
invested with federal jurisdiction in all matters arising under the applied
provisions having effect in accordance with section 9 in the adjacent area.



"(2) The jurisdiction with which courts are invested by sub-section (1) is
invested within the limits, other than limits having effect by reference to
localities of their several jurisdictions (whether those limits are as to
subject-matter or otherwise). Application of laws in areas adjacent to
Territories

"11. (1) Subject to this Act, the laws, whether written or unwritten, in force
in a Territory for the time being (other than laws of the Commonwealth), and
any instrument having effect under any of those laws, apply, as provided by
this section, in the adjacent area and so apply as if that area were part of
that Territory.



"(2) The laws referred to in sub-section (1) do not include laws that are
criminal laws within the meaning of the Crimes at Sea Act 1979, but nothing in
this Act derogates from the operation of that Act.



"(3) A law shall be taken to be a law in force in a Territory notwithstanding
that that law applies to part only of that Territory.



"(4) The laws and instruments referred to in sub-section (1) apply to and in
relation to all acts, omissions, matters, circumstances and things touching,
concerning, arising out of or connected with the exploration of the sea-bed or
subsoil of the adjacent area for petroleum and the exploitation of the natural
resources, being petroleum, of that sea-bed or subsoil.



"(5) Without limiting the operation of sub-section (4), the laws and
instruments referred to in sub-section (1) apply-

   (a)  to and in relation to-

        (i)    an act or omission that takes place in, on, above, below or in
               the vicinity of; and

        (ii)   a matter, circumstance or thing that exists or arises with
               respect to or in connection with, a vessel, aircraft, structure
               or installation, or equipment or other property, that is in the
               adjacent area for any reason touching, concerning, arising out
               of or connected with the exploration of the sea-bed or subsoil
               of the adjacent area for petroleum or the exploitation of the
               natural resources, being petroleum, of that sea-bed or subsoil;

   (b)  to and in relation to a person who-

        (i)    is in the adjacent area for a reason of the kind referred to in
               paragraph (a); or

        (ii)   is in, on, above, below or in the vicinity of a vessel,
               aircraft, structure or installation, or equipment or other
               property, that is in the adjacent area for a reason of the kind
               referred to in paragraph (a); and

   (c)  to and in relation to a person in respect of his carrying on any
        operation or doing any work in the adjacent area for a reason of the
        kind referred to in paragraph (a).



"(6) This section does not-

   (a)  give to the provisions of a law of the Northern Territory an
        operation, as law of the Commonwealth, that they would not have, as
        law of the Territory, if the adjacent area were within the part of the
        area described in Schedule 2 under the heading that refers to that
        Territory that is on the landward side of the adjacent area;

   (b)  extend to any law or instrument in so far as those provisions, as
        applied by this Act, would be inconsistent with a law of the
        Commonwealth, including this Act;

   (c)  apply so as to impose any tax;

   (d)  apply so as to appropriate any public moneys of a Territory; or

   (e)  apply so as to confer or purport to confer any part of the judicial
        power of the Commonwealth on a court, tribunal, authority or officer
        of a Territory.



"(7) This section does not limit the operation that any law or instrument has
apart from this section.



"(8) The regulations may provide that such of the laws or instruments referred
to in sub-section (1) as are specified in the regulations do not apply by
reason of this section or so apply with such modifications as are specified in
the regulations.



"(9) For the purposes of sub-section (8), 'modification' includes the omission
or addition of a provision or the substitution of a provision for another
provision. Jurisdiction of Territory courts

"12. (1) Jurisdiction is conferred on the several courts having jurisdiction
in a Territory in all matters arising under the applied provisions having
effect in accordance with section 11 in the adjacent area.



"(2) The jurisdiction conferred on courts by sub-section (1) is conferred
within the limits, other than limits having effect by reference to localities,
of their several jurisdictions, whether those limits are as to subject-matter
or otherwise. Parts III and IV not affected by this Part

"13. Parts III and IV have effect notwithstanding anything in this Part.".