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TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SCHEDULE 1
SCHEDULE
Section 3 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
AUSTRALIA and PAPUA NEW GUINEA,
DESIRING to set down their agreed position as to their respective sovereignty
over certain islands, to establish maritime boundaries and to provide for
certain other related matters, in the area between the two countries including
the area known as Torres Strait;
RECOGNISING the importance of protecting the traditional way of life and
livelihood of Australians who are Torres Strait Islanders and of Papua New
Guineans who live in the coastal area of Papua New Guinea in and adjacent to
the Torres Strait;
RECOGNISING ALSO the importance of protecting the marine environment and
ensuring freedom of navigation and overflight for each other's vessels and
aircraft in the Torres Strait area;
DESIRING ALSO to cooperate with one another in that area in the conservation,
management and sharing of fisheries resources and in regulating the
exploration and exploitation of seabed mineral resources;
AS good neighbours and in a spirit of cooperation, friendship and goodwill;
HAVE AGREED as follows:
PART 1
--------
DEFINITIONS
-------------
ARTICLE 1
---------
Definitions
---------
1. In this Treaty-
(a) ''adjacent coastal area'' means, in relation to Australia, the coastal
area of the Australian mainland, and the Australian islands, near the
Protected Zone; and, in relation to Papua New Guinea, the coastal area
of the Papua New Guinea mainland, and the Papua New Guinea islands,
near the Protected Zone;
(b) ''fisheries jurisdiction'' means sovereign rights for the purpose of
exploring and exploiting, conserving and managing fisheries resources
other than sedentary species;
(c) ''fisheries resources'' means all living natural resources of the sea
and seabed, including all swimming and sedentary species;
(d) ''free movement'' means movement by the traditional inhabitants for or
in the course of traditional activities;
(e) ''indigenous fauna and flora'' includes migratory fauna;
(f) ''mile'' means an international nautical mile being 1,852 metres in
length;
(g) ''Protected Zone'' means the zone established under Article 10;
(h) ''Protected Zone commercial fisheries'' means the fisheries resources
of present or potential commercial significance within the
Protected Zone and, where a stock of such resources belongs
substantially to the Protected Zone but extends into an area outside
but near it, the part of that stock found in that area within such
limits as are agreed from time to time by the responsible authorities
of the Parties;
(i) ''seabed jurisdiction'' means sovereign rights over the continental
shelf in accordance with international law, and includes jurisdiction
over low-tide elevations, and the right to exercise such jurisdiction
in respect of those elevations, in accordance with international law;
(j) ''sedentary species'' means living organisms which, at the harvestable
stage, either are immobile on or under the seabed or are unable to
move except in constant physical contact with the seabed or the
subsoil;
(k) ''traditional activities'' means activities performed by the
traditional inhabitants in accordance with local tradition, and
includes, when so performed-
(i) activities on land, including gardening, collection of food and
hunting;
(ii) activities on water, including traditional fishing;
(iii) religious and secular ceremonies or gatherings for social
purposes, for example, marriage celebrations and settlement of
disputes; and
(iv) barter and market trade.
In the application of this definition, except in relation to activities of a
commercial nature, ''traditional'' shall be interpreted liberally and in the
light of prevailing custom;
(l) ''traditional fishing'' means the taking, by traditional inhabit ants
for their own or their dependants' consumption or for use in the
course of other traditional activities, of the living natural
resources of the sea, seabed, estuaries and coastal tidal areas,
including dugong and turtle;
(m) ''traditional inhabitants'' means, in relation to Australia, persons
who-
(i) are Torres Strait Islanders who live in the Protected Zone or
the adjacent coastal area of Australia,
(ii) are citizens of Australia, and
(iii) maintain traditional customary associations with areas or
features in or in the vicinity of the Protected Zone in
relation to their subsistence or livelihood or social, cultural
or religious activities; and
in relation to Papua New Guinea, persons who-
(i) live in the Protected Zone or the adjacent coastal area of
Papua New Guinea,
(ii) are citizens of Papua New Guinea, and
(iii) maintain traditional customary associations with areas or
features in or in the vicinity of the Protected Zone in
relation to their subsistence or livelihood or social, cultural
or religious activities.
2. Where for the purposes of this Treaty it is necessary to determine the
position on the surface of the Earth of a point, line or area, that position
shall be determined by reference to the Australian Geodetic Datum, that is to
say, by reference to a spheroid having its centre at the centre of the Earth
100 and a major (equatorial) radius of 6,378,160 metres
and a flattening of ---- and by
reference to
29825 the position of the Johnston Geodetic Station in the Northern Territory
of Australia. That station shall be taken to be situated at Latitude 25degrees
56' 54.5515" South and at Longitude 133degrees 12' 30.0771" East and to have a
ground level of 571.2 metres above the spheroid referred to above.
3. In this Treaty, the expression ''in and in the vicinity of the Protected
Zone'' describes an area the outer limits of which might vary according to the
context in which the expression is used.
PART 2
--------
SOVEREIGNTY AND JURISDICTION
----------------------------------
ARTICLE 2
---------
Sovereignty Over Islands
--------------------
1. Papua New Guinea recognises the sovereignty of Australia over-
(a) the islands known as Anchor Cay, Aubusi Island, Black Rocks, Boigu
Island, Bramble Cay, Dauan Island, Deliverance Island, East Cay,
Kaumag Island, Kerr Islet, Moimi Island, Pearce Cay, Saibai Island,
Turnagain Island and Turu Cay; and
(b) all islands that lie between the mainlands of the two countries and
south of the line referred to in paragraph 1 of Article 4 of this
Treaty.
2. No island over which Australia has sovereignty, other than those specified
in sub-paragraph 1 (a) of this Article, lies north of the line referred to in
paragraph 1 of Article 4 of this Treaty.
3. Australia recognises the sovereignty of Papua New Guinea over-
(a) the islands known as Kawa Island, Mata Kawa Island and Kussa Island;
and
(b) all the other islands that lie between the mainlands of the two
countries and north of the line referred to in paragraph 1 of Article
4 of this Treaty, other than the islands specified in sub-paragraph 1
(a) of this Article.
4. In this Treaty, sovereignty over an island shall include sovereignty over-
(a) its territorial sea;
(b) the airspace above the island and its territorial sea;
(c) the seabed beneath its territorial sea and the subsoil thereof; and
(d) any island, rock or low-tide elevation that may lie within its
territorial sea.
ARTICLE 3
---------
Territorial Seas
------------
1. The territorial sea boundaries between the islands of Aubusi, Boigu and
Moimi and Papua New Guinea and the islands of Dauan, Kaumag and Saibai and
Papua New Guinea shall be the lines described in Annex 1 to this Treaty, which
are shown on the map annexed to this Treaty as Annex 2, together with such
other portion of the outer limit of the territorial sea of Saibai described in
Annex 3 to this Treaty that may abut the territorial sea of Papua New Guinea.
2. The territorial seas of the islands specified in sub-paragraph 1 (a) of
Article 2 of this Treaty shall not extend beyond three miles from the
baselines from which the breadth of the territorial sea around each island is
measured. Those territorial seas shall not be enlarged or reduced, even if
there were to be any change in the configuration of a coastline or a different
result from any further survey.
3. The provisions of paragraph 2 of this Article shall not apply to that part
of the territorial sea of Pearce Cay which lies south of the line referred to
in paragraph 1 of Article 4 of this Treaty.
4. The outer limits of the territorial seas of the islands specified in
sub-paragraph 1 (a) of Article 2 of this Treaty, except in respect of that
part of the territorial sea of Pearce Cay which lies south of the line
referred to in paragraph 1 of Article 4 of this Treaty, shall be as described
in Annex 3 to this Treaty. The limits so described are shown on the maps
annexed to this Treaty as Annexes 2 and 4.
5. Australia shall not extend its territorial sea northwards across the line
referred to in paragraph 1 of Article 4 of this Treaty.
6. Papua New Guinea shall not-
(a) extend its territorial sea off its southern coastline between the
meridians of Longitude 142 degrees 03' 30" East and of Longitude 142
degrees 51' 00" East, beyond three miles from the baselines from which
the breadth of the territorial sea is measured;
(b) extend its territorial sea or archipelagic waters into the area
bounded by that portion of the line referred to in paragraph 2 of
Article 4 of this Treaty running from the point of Latitude 9degrees
45' 24" South, Longitude 142degrees 03' 30" East to the point of
Latitude 9degrees 40' 30" South, Longitude 142degrees 51' 00" East and
that portion of the line referred to in paragraph 1 of Article 4 of
this Treaty which runs between those two points;
(c) establish an archipelagic baseline running in or through the area
referred to in sub-paragraph (b) of this paragraph; or
(d) extend its territorial sea southwards across the line referred to in
paragraph 1 of Article 4 of this Treaty.
ARTICLE 4
---------
Maritime Jurisdiction
-----------------
1. Subject to the provisions of Article 2 of this Treaty, the boundary between
the area of seabed and subsoil that is adjacent to and appertains to Australia
and the area of seabed and subsoil that is adjacent to and appertains to Papua
New Guinea, and over which Australia and Papua New Guinea respectively shall
have seabed jurisdiction, shall be the line described in Annex 5 to this
Treaty. The line so described is shown on the map annexed to this Treaty as
Annex 6 and, in part, on the map annexed to this Treaty as Annex 7.
2. Subject to the provisions of Article 2 of this Treaty, the boundary between
the area of sea that is adjacent to and appertains to Australia and the area
of sea that is adjacent to and appertains to Papua New Guinea, and in which
Australia and Papua New Guinea respectively shall have fisheries jurisdiction,
shall be the line described in Annex 8 to this Treaty. The line so described
is shown on the map annexed to this Treaty as Annex 6 and, in part, on the
maps annexed to this Treaty as Annexes 2 and 7.
3. In relation to the area bounded by the portion of the line referred to in
paragraph 2 of this Article running from the point of Latitude 9 degrees 45'
24" South, Longitude 142 degrees 03' 30" East to the point of Latitude
9degrees 40' 30" South, Longitude 142degrees 51' 00" East and that portion of
the line referred to in paragraph 1 of this Article which runs between those
two points, exclusive of the territorial seas of the islands of Aubusi, Boigu,
Dauan, Kaumag, Moimi, Saibai and Turnagain-
(a) neither party shall exercise residual jurisdiction without the
concurrence of the other Party; and
(b) the Parties shall consult with a view to reaching agreement on the
most effective method of application of measures involving the
exercise of residual jurisdiction.
4. In paragraph 3 of this Article, ''residual jurisdiction'' means-
(a) jurisdiction over the area other than seabed jurisdiction or fisheries
jurisdiction, including jurisdiction other than seabed jurisdiction or
fisheries jurisdiction insofar as it relates to inter alia:
(i) the preservation of the marine environment;
(ii) marine scientific research; and
(iii) the production of energy from the water, currents and winds;
and
(b) seabed and fisheries jurisdiction to the extent that the exercise of
such jurisdiction is not directly related to the exploration or
exploitation of resources or to the prohibition of, or refusal to
authorise, activities subject to that jurisdiction.
PART 3
--------
SOVEREIGNTY AND JURISDICTION-RELATED MATTERS
---------------------------------------------------------
ARTICLE 5
---------
Existing Petroleum Permit
--------------------
1. Where prior to 16 September 1975 Australia has granted an exploration
permit for petroleum under Australian law in respect of a part of the seabed
over which it ceases by virtue of this Treaty to exercise sovereign rights,
and a permittee retains rights in respect of that permit immediately prior to
the entry into force of this Treaty, Papua New Guinea, upon application by
that permittee, shall offer to that permittee a petroleum prospecting licence
or licences under Papua New Guinea law in respect of the same part of the
seabed on terms that are not less favourable than those provided under Papua
New Guinea law to any other holder of a seabed petroleum prospecting licence.
2. An application for a licence under paragraph 1 of this Article shall be
made-
(a) in respect of a part of the seabed lying outside the Protected Zone,
within six months after the date of entry into force of this Treaty;
(b) in respect of a part of the seabed lying within the Protected Zone,
during the period referred to in Article 15 and any extension of that
period to which the Parties may agree.
ARTICLE 6
---------
Exploitation of Certain Seabed Deposits
------------------------------
If any single accumulation of liquid hydrocarbons or natural gas, or if any
other mineral deposit beneath the seabed, extends across any line defining the
limits of seabed jurisdiction of the Parties, and if the part of such
accumulation or deposit that is situated on one side of such a line is
recoverable in fluid form wholly or in part from the other side, the Parties
shall consult with a view to reaching agreement on the manner in which the
accumulation or deposit may be most effectively exploited and on the equitable
sharing of the benefits from such exploitation.
ARTICLE 7
---------
Freedoms of Navigation and Overflight
------------------------------
1. On and over the waters of the Protected Zone that lie-
(a) north of the line referred to in paragraph 1 of Article 4 of this
Treaty and seaward of the low water lines of the land territory of
either Party, and
(b) south of that line and beyond the outer limits of the territorial sea,
each Party shall accord to the vessels and aircraft of the other Party,
subject to paragraphs 2 and 3 of this Article, the freedoms of navigation and
overflight associated with the operation of vessels and aircraft on or over
the high seas.
2. Each Party shall take all necessary measures to ensure that, in the
exercise of the freedoms of navigation and overflight accorded to its vessels
and aircraft under paragraph 1 of this Article-
(a) those vessels observe generally accepted international regulations,
procedures and practices for safety at sea and for the prevention,
reduction and control of pollution from ships;
(b) those civil aircraft observe the Rules of the Air established by the
International Civil Aviation Organization as they apply to civil
aircraft, and State aircraft normally comply with such of those rules
as relate to safety and at all times operate with due regard for the
safety of navigation;
(c) those vessels and aircraft north of the line referred to in paragraph
1 of Article 4 of this Treaty do not engage in the embarking or
disembarking of any commodity, currency or person contrary to the
customs, fiscal, immigration or sanitary laws and regulations of the
other Party, provided that the relevant laws and regulations of that
Party do not have the practical effect of denying, hampering or
impairing the freedoms of navigation and overflight accorded under
paragraph 1 of this Article; and
(d) those vessels and aircraft, north of the line referred to in paragraph
1 of Article 4 of this Treaty, do not act in a manner prejudicial to
the peace, good order or security of the other Party.
3. Vessels of a Party engaged in the exploration or exploitation of resources
in an area of jurisdiction of the other Party shall remain subject to the laws
and regulations of the other Party made in the exercise of its resources
jurisdiction consistently with this Treaty and with international law,
including the provisions of those laws and regulations concerning the
boarding, inspection and apprehension of vessels.
4. In those areas of the Protected Zone north of the line referred to in
paragraph 1 of Article 4 of this Treaty to which paragraph 1 of this Article
does not apply, civil aircraft of a Party engaged in scheduled or
non-scheduled air services shall have the right of overflight, and the right
to make stops for non-traffic purposes, without the need to obtain prior
permission from the other Party, subject to compliance with any applicable
laws or regulations made for the safety of air navigation.
5. In areas of the Protected Zone to which paragraph 1 of this Article does
not apply, the vessels of a Party shall enjoy the right of innocent passage.
There shall be no suspension of that right, and neither Party shall adopt laws
or regulations applying to those areas that might impede or hamper the normal
passage of vessels between two points both of which are in the territory of
one Party.
6. In cases where the provisions of neither paragraph 1 nor paragraph 5 of
this Article apply, a regime of passage over routes used for international
navigation in the area between the two countries, including the area known as
Torres Strait, shall apply in respect of vessels that is no more restrictive
of passage than the regime of transit passage through straits used for
international navigation described in Articles 34 to 44 inclusive of Document
A/Conf. 62/WP.10 of the Third United Nations Conference on the Law of the Sea,
provided that, before a Party adopts a law or regulation that might impede or
hamper the passage over those routes of vessels proceeding to or from the
territory of the other Party, it shall consult with the other Party. If the
provisions of those Articles are revised, are not included in any Law of the
Sea Convention or fail to become generally accepted principles of
international law, the Parties shall consult with a view to agreeing upon
another regime of passage that is in accordance with international practice to
replace the regime of passage applying under this paragraph.
7. The rights of navigation and overflight provided for in this Article are in
addition to, and not in derogation of, rights of navigation and overflight in
the area concerned under other treaties or general principles of international
law.
ARTICLE 8
---------
Navigational Aids
--------------
With a view to maintaining and improving the safety of navigation through the
waters in the area between the two countries, the Parties shall co-operate
and, with due regard to the technical and other means available to each of
them, shall, where appropriate and as may be agreed between them, provide
mutual assistance in the provision and maintenance of navigational aids and in
the preparation of charts and maps.
ARTICLE 9
---------
Wrecks
------
1. Wrecks of vessels and aircraft which lie on, in or under the seabed in an
area of seabed jurisdiction of a Party shall be subject to the jurisdiction of
that Party.
2. If a wreck of historical or special significance to a Party is located or
found in an area between the two countries under the jurisdiction of the other
Party, the Parties shall consult with a view to reaching agreement on the
action, if any, to be taken with respect to that wreck.
3. The provisions of this Article shall be without prejudice to the competence
of the courts of a Party, for the purposes of the laws of that Party, in
relation to maritime causes of action in respect of wrecks coming within the
provisions of this Article.
4. This Article shall not apply to any military vessel or aircraft of either
Party wrecked after the date of entry into force of this Treaty.
PART 4
--------
THE PROTECTED ZONE
-----------------------
ARTICLE 10
----------
Establishment and Purposes of the Protected Zone
----------------------------------------
1. A Protected Zone in the Torres Strait is hereby established comprising all
the land, sea, airspace, seabed and subsoil within the area bounded by the
line described in Annex 9 to this Treaty. The line so described is shown on
the maps annexed to this Treaty as Annexes 6 and 7 and, in part, on the map
annexed to this Treaty as Annex 2.
2. The Parties shall adopt and apply measures in relation to the Protected
Zone in accordance with the provisions of this Treaty.
3. The principal purpose of the Parties in establishing the Protected Zone,
and in determining its northern, southern, eastern and western boundaries, is
to acknowledge and protect the traditional way of life and livelihood of the
traditional inhabitants including their traditional fishing and free movement.
4. A further purpose of the Parties in establishing the Protected Zone is to
protect and preserve the marine environment and indigenous fauna and flora in
and in the vicinity of the Protected Zone.
ARTICLE 11
----------
Free Movement and Traditional Activities Including Traditional Fishing
----------------------------------------------------------
1. Subject to the other provisions of this Treaty, each Party shall continue
to permit free movement and the performance of lawful traditional activities
in and in the vicinity of the Protected Zone by the traditional inhabitants of
the other Party.
2. Paragraph 1 of this Article shall not be interpreted as sanctioning the
expansion of traditional fishing by the traditional inhabitants of one Party
into areas outside the Protected Zone under the jurisdiction of the other
Party not traditionally fished by them prior to the date of entry into force
of this Treaty.
3. The provisions of this Article and the other provisions of this Treaty
concerning traditional fishing are subject to Article 14 and paragraph 2 of
Article 20 of this Treaty.
ARTICLE 12
----------
Traditional Customary Rights
------------------------
Where the traditional inhabitants of one Party enjoy traditional customary
rights of access to and usage of areas of land, seabed, seas, estuaries and
coastal tidal areas that are in or in the vicinity of the Protected Zone and
that are under the jurisdiction of the other Party, and those rights are
acknowledged by the traditional inhabitants living in or in proximity to those
areas to be in accordance with local tradition, the other Party shall permit
the continued exercise of those rights on conditions not less favourable than
those applying to like rights of its own traditional inhabitants.
ARTICLE 13
----------
Protection of the Marine Environment
------------------------------
1. Each Party shall take legislative and other measures necessary to protect
and preserve the marine environment in and in the vicinity of the Protected
Zone. In formulating those measures each Party shall take into account
internationally agreed rules, standards and recommended practices which have
been adopted by diplomatic conferences or by relevant international
organisations.
2. The measures that each Party shall take in accordance with paragraph 1 of
this Article shall include measures for the prevention and control of
pollution or other damage to the marine environment from all sources and
activities under its jurisdiction or control and shall include, in particular,
measures to minimise to the fullest practicable extent-
(a) the release of toxic, harmful or noxious substances from land-based
sources, from rivers, from or through the atmosphere, or by dumping at
sea;
(b) pollution or other damage from vessels; and
(c) pollution or other damage from installations and devices used in the
exploration and exploitation of the natural resources of the seabed
and subsoil thereof.
3. The measures taken by each Party in accordance with paragraph 1 of this
Article shall be consistent with its obligations under international law,
including obligations not to prejudice the rights of foreign ships and
aircraft, and shall be subject to the provisions of Article 7 of this Treaty.
4. The Parties shall consult, at the request of either, for the purpose of-
(a) harmonising their policies with respect to the measures that each
shall take pursuant to this Article; and
(b) ensuring the effective and coordinated implementation of those
measures.
5. If either Party has reasonable grounds for believing that any planned
activity under its jurisdiction or control may cause pollution or other damage
to the marine environment in or in the vicinity of the Protected Zone, that
Party shall, after due investigation, communicate to the other Party its
assessment of the potential impact of that activity on the marine environment.
6. If either Party has reasonable grounds for believing that any existing or
planned activity under the jurisdiction or control of the other Party is
causing or may cause pollution or other damage to the marine environment in or
in the vicinity of the Protected Zone, it may request consultations with the
other Party, and the Parties shall then consult as soon as possible with a
view to adopting measures to prevent or control any pollution or other damage
to that environment from that activity.
ARTICLE 14
----------
Protection of Fauna and Flora
-----------------------
1. Each Party shall, in and in the vicinity of the Protected Zone, use its
best endeavours to-
(a) identify and protect species of indigenous fauna and flora that are or
may become threatened with extinction;
(b) prevent the introduction of species of fauna and flora that may be
harmful to indigenous fauna and flora; and
(c) control noxious species of fauna and flora.
2. Notwithstanding any other provision of this Treaty except paragraph 4 of
this Article, a Party may implement within its area of jurisdiction measures
to protect species of indigenous fauna and flora which are or may become
threatened with extinction or which either Party has an obligation to protect
under international law.
3. The Parties shall as appropriate and necessary exchange information
concerning species of indigenous fauna and flora that are or may become
threatened with extinction and shall consult, at the request of either of
them, for the purpose of-
(a) harmonising their policies with respect to the measures that each may
take to give effect to paragraphs 1 and 2 of this Article; and
(b) ensuring the effective and coordinated implementation of those
measures.
4. In giving effect to the provisions of this Article, each Party shall use
its best endeavours to minimise any restrictive effects on the traditional
activities of the traditional inhabitants.
ARTICLE 15
----------
Prohibition of Mining and Drilling of the Seabed
------------------------------------
Neither Party shall undertake or permit within the Protected Zone mining or
drilling of the seabed or the subsoil thereof for the purpose of exploration
for or exploitation of liquid hydrocarbons, natural gas or other mineral
resources during a period of ten years from the date of entry into force of
this Treaty. The Parties may agree to extend that period.
ARTICLE 16
----------
Immigration, Customs, Quarantine and Health
-----------------------------------
1. Except as otherwise provided in this Treaty, each Party shall apply
immigration, customs, quarantine and health procedures in such a way as not to
prevent or hinder free movement or the performance of traditional activities
in and in the vicinity of the Protected Zone by the traditional inhabitants of
the other Party.
2. Each Party, in administering its laws and policies relating to the entry
and departure of persons and the importation and exportation of goods into and
from areas under its jurisdiction in and in the vicinity of the Protected
Zone, shall act in a spirit of mutual friendship and good neighbourliness,
bearing in mind relevant principles of international law and established
international practices and the importance of discouraging the occurrence,
under the guise of free movement or performance of traditional activities, of
illegal entry, evasion of justice and practices prejudicial to effective
immigration, customs, health and quarantine protection and control.
3. Notwithstanding the provisions of paragraph 1 of this Article-
(a) traditional inhabitants of one Party who wish to enter the other
country, except for temporary stay for the performance of traditional
activities, shall be subject to the same immigration, customs, health
and quarantine requirements and procedures as citizens of that Party
who are not traditional inhabitants;
(b) each Party reserves its right to limit free movement to the extent
necessary to control abuses involving illegal entry or evasion of
justice; and
(c) each Party reserves its right to apply such immigration, customs,
health and quarantine measures, temporary or otherwise, as it
considers necessary to meet problems which may arise. In particular
each Party may apply measures to limit or prevent free movement, or
the carriage of goods, plants or animals in the course thereof, in the
case of an outbreak or spread of an epidemic, epizootic or epiphytotic
in or in the vicinity of the Protected Zone.
ARTICLE 17
----------
Implementation and Coordination
---------------------------
In order to facilitate the implementation of the provisions of this Treaty
relating to the Protected Zone, the authorities of each Party shall, at the
request of the authorities of the other Party, as may be appropriate and
necessary-
(a) make available to the authorities of the other Party information on
the relevant provisions of its laws, regulations and procedures
relating to immigration, citizenship, customs, health, quarantine,
fisheries, the protection of the environment and other matters; and
(b) consult with the authorities of the other Party with a view to making
appropriate administrative or other arrangements to resolve any
problems arising in the implementation of those provisions.
ARTICLE 18
----------
Liaison Arrangements
-----------------
1. Each Party shall designate a representative who shall facilitate the
implementation at the local level of the provisions of this Treaty.
2. The two designated representatives shall-
(a) exchange information on relevant developments in and in the vicinity
of the Protected Zone;
(b) consult together and take such action as is appropriate to their
respective functions to facilitate the practical operation at the
local level of the provisions of this Treaty and to resolve any
problems arising therefrom;
(c) keep under review free movement by the traditional inhabitants of one
Party into areas under the jurisdiction of the other Party and the
local arrangements applying in respect of such free movement; and
(d) draw to the attention of their Governments, and make recommendations
as appropriate on, any matters affecting the implementation of the
provisions of this Treaty or arising therefrom which are not capable
of resolution at the local level or which may otherwise require
consideration by both Parties.
3. In the exercise of his functions, each representative shall-
(a) consult closely with representatives of the traditional inhabitants of
his country, particularly in relation to any problems which may arise
in respect of free movement, traditional activities and the exercise
of traditional customary rights as provided for in this Treaty, and
convey their views to his Government; and
(b) maintain close liaison with national, State, Provincial and local
authorities of his country on all matters falling within their
respective responsibilities.
4. Unless a different location is required by the circumstances, the
representative of Australia shall be based at Thursday Island and the
representative of Papua New Guinea shall be based at Daru.
ARTICLE 19
---------
Torres Strait Joint Advisory Council
-----------------------------
1. The Parties shall jointly establish and maintain an advisory and
consultative body which shall be known as the Torres Strait Joint Advisory
Council (called in this Article ''the Advisory Council'').
2. The functions of the Advisory Council shall be-
(a) to seek solutions to problems arising at the local level and not
resolved pursuant to Article 18 of this Treaty;
(b) to consider and to make recommendations to the Parties on any
developments or proposals which might affect the protection of the
traditional way of life and livelihood of the traditional inhabitants,
their free movement, performance of traditional activities and
exercise of traditional customary rights as provided for in this
Treaty; and
(c) to review from time to time as necessary, and to report and to make
recommendations to the Parties on, any matters relevant to the
effective implementation of this Treaty, including the provisions
relating to the protection and preservation of the marine environment,
and fauna and flora, in and in the vicinity of the Protected Zone.
3. The Advisory Council shall not have or assume responsibilities for
management or administration. These responsibilities shall, within the
respective areas of jurisdiction of each Party, continue to lie with the
relevant national, State, Provincial and local authorities.
4. In the exercise of its functions, the Advisory Council shall ensure that
the traditional inhabitants are consulted, that they are given full and timely
opportunity to comment on matters of concern to them and that their views are
conveyed to the Parties in any reports and recommendations made by the
Advisory Council to the Parties.
5. The Advisory Council shall transmit its reports and recommendations to the
Foreign Ministers of the Parties. After consideration by appropriate
authorities of the Parties, consultations may be arranged with a view to the
resolution of matters to which the Advisory Council has invited attention.
6. Unless otherwise agreed by the Parties, the Advisory Council shall consist
of eighteen members, that is nine members from each Party who shall include-
(a) at least two national representatives;
(b) at least one member representing the Government of Queensland in the
case of Australia and one representing the Fly River Provincial
Government in the case of Papua New Guinea; and
(c) at least three members representing the traditional inhabitants,
with each Party being free to decide from time to time from which of the
aforementioned categories any other of its members will be drawn.
7. The Advisory Council shall meet when necessary at the request of either
Party. Consecutive meetings of the Advisory Council shall be chaired
alternately by a representative of Australia and a representative of Papua New
Guinea. Meetings shall be held alternately in Australia and Papua New Guinea
or as may from time to time be otherwise arranged.
PART 5
--------
PROTECTED ZONE COMMERCIAL FISHERIES
--------------------------------------------
ARTICLE 20
--------- Priority of Traditional Fishing and Application of Measures to
Traditional
Fishing
------------------------------------------------------------------
1. The provisions of this Part shall be administered so as not to prejudice
the achievement of the purposes of Part 4 of this Treaty in regard to
traditional fishing.
2. A Party may adopt a conservation measure consistent with the provision of
this Part which, if necessary for the conservation of a species, may be
applied to traditional fishing, provided that that Party shall use its best
endeavours to minimise any restrictive effects of that measure on
traditional fishing.
ARTICLE 21
---------
Conservation, Management and Optimum Utilisation
------------------------------------------
The Parties shall co-operate in the conservation management and optimum
utilisation of Protected Zone commercial fisheries. To this end, the Parties
shall consult at the request of either and shall enter into arrangements for
the effective implementation of the provisions of this Part.
ARTICLE 22
---------
Conservation and Management of Individual Fisheries
--------------------------------------------
1. The Parties shall, where appropriate, negotiate subsidiary conservation and
management arrangements in respect of any individual Protected Zone commercial
fishery.
2. If either Party notifies the other in writing that it regards one of the
Protected Zone commercial fisheries as one to which common conservation and
management arrangements should apply, the Parties shall within ninety days
from the date of the notification enter into consultations with a view to
concluding arrangements specifying the measures to be applied by them with
respect to that fishery.
3. The Parties shall, where appropriate, also negotiate supplementary
conservation and management arrangements in respect of resources directly
related to a fishery referred to in paragraph 1 of this Article, including
resources involving stocks occurring in the Protected Zone where such stocks
are not otherwise subject to the provisions of this Treaty.
ARTICLE 23
---------
Sharing of the Catch of the Protected Zone Commercial Fisheries
----------------------------------------------------
1. The Parties shall share the allowable catch of the Protected Zone
commercial fisheries in accordance with the provisions of this Article and of
Articles 24 and 25 of this Treaty.
2. The allowable catch, that is to say the optimum sustainable yield, of a
Protected Zone commercial fishery shall be determined jointly by the Parties
as part of the subsidiary conservation and management arrangements referred to
in paragraph 1 of Article 22 of this Treaty.
3. If either Party has reasonable grounds for believing that the commercial
exploitation of a species of Protected Zone commercial fisheries would, or has
the potential to, cause serious damage to the marine environment, or might
endanger another species, that Party may request consultations with the other
Party and the Parties shall then consult as soon as possible with a view to
reaching agreement on whether such commercial exploitation could be undertaken
in a manner which would not result in such damage or endanger another species.
4. In respect of any relevant period where the full allowable catch of a
particular Protected Zone commercial fishery might be taken, each Party shall
be entitled to a share of the allowable catch apportioned, subject to
paragraphs 5, 6 and 8 of this Article and to Articles 24 and 25 of this
Treaty, as follows:
(a) in areas under Australian jurisdiction, except as provided in (b)
below:
Australia-75%
Papua New Guinea-25%
(b) within the territorial seas of Anchor Cay, Black Rocks, Bramble Cay,
Deliverance Island, East Cay, Kerr Islet, Pearce Cay and Turu Cay:
Australia-50%
Papua New Guinea-50%
(c) in areas under Papua New Guinea jurisdiction:
Australia-25%
Papua New Guinea-75%
5. Papua New Guinea shall have the sole entitlement to the allowable catch of
the commercial barramundi fishery near the Papua New Guinea coast, except
within the territorial seas of the islands of Aubusi, Boigu, Dauan, Kaumag,
Moimi and Saibai where, in respect of that fishery, the provisions of
paragraph 4 (a) of this Article shall not apply.
6. In apportioning the allowable catch in relation to an individual fishery,
the Parties shall normally consider the allowable catch expressed in terms of
weight or volume. In calculating the apportionment of the total allowable
catch of the Protected Zone commercial fisheries, the Parties shall have
regard to the relative value of individual fisheries and shall, for this
purpose, agree on a common value for production from each individual fishery
for the period in question, such value being based on the value of the raw
product at the processing facility or such other point as may be agreed, but
prior to any enhancement of value through processing, including processing at
a pearl culture farm, or further transportation or marketing.
7. The Parties may agree to vary the apportionment of the allowable catch
determined for individual fisheries as part of the subsidiary conservation and
management arrangements referred to in paragraph 1 of Article 22 of this
Treaty but so as to maintain in respect of the total allowable catch of the
Protected Zone commercial fisheries the apportionment specified in paragraph 4
of this Article for each Party.
8. In calculating the total allowable catch of the Protected Zone commercial
fisheries, the allowable catch of the commercial barramundi fishery referred
to in paragraph 5 of this Article shall be disregarded.
ARTICLE 24
---------
Transitional Entitlement
-------------------
1. As part of the subsidiary conservation and management arrangements referred
to in paragraph 1 of Article 22 of this Treaty, the level of the catch of each
Protected Zone commercial fishery to which each Party is entitled, provided it
remains within the allowable catch-
(a) shall not, during the period of five years immediately after the entry
into force of this Treaty, be reduced below the level of catch of that
Party before the entry into force of this Treaty; but
(b) may, during the second period of five years after the entry into force
of this Treaty, be adjusted progressively so that at the end of that
second five-year period it reaches the level of catch apportioned in
each case in Article 23 of this Treaty.
2. The entitlement of a Party under this Article shall, where the limitation
of the allowable catch makes it necessary, take priority over the entitlement
of the other Party under Article 23 of this Treaty, but shall be taken into
account in calculating the entitlement of the first Party.
ARTICLE 25
---------
Preferential Entitlement
-------------------
If, in any relevant period, a Party does not itself propose to take all the
allowable catch of a Protected Zone commercial fishery to which it is
entitled, either in its own area of jurisdiction or that of the other Party,
the other Party shall have a preferential entitlement to any of the allowable
catch of that fishery not taken by the first Party.
ARTICLE 26
---------
Licensing Arrangements
-------------------
1. In the negotiation and implementation of the conservation and management
arrangements referred to in paragraph 1 of Article 22 of this Treaty-
(a) the Parties shall consult and co-operate in the issue and endorsement
of licences to permit commercial fishing in Protected Zone commercial
fisheries;
(b) the responsible authorities of the Parties may issue licences to fish
in any Protected Zone commercial fishery; and
(c) persons or vessels which are licensed by the responsible authorities
of one Party to fish in any relevant period in a Protected Zone
commercial fishery shall, if nominated by the responsible authorities
of that Party, be authorised by the responsible authorities of the
other Party, wherever necessary, by the endorsement of licences or
otherwise, to fish in those areas under the jurisdiction of the other
Party in which the fishery concerned is located.
2. The persons or vessels licensed by one Party which have been authorised, or
are to be authorised, under the provisions of paragraph 1 of this Article to
fish in waters under the jurisdiction of the other Party shall comply with the
relevant fisheries laws and regulations of the other Party except that they
shall be exempt from licensing fees, levies and other charges imposed by the
other Party in respect of such fishing activities.
3. In issuing licences in accordance with paragraph 1 of this Article, the
responsible authorities of both Parties shall have regard to the desirability
of promoting economic development in the Torres Strait area and employment
opportunities for the traditional inhabitants.
4. The responsible authorities of both Parties shall ensure that the
traditional inhabitants are consulted from time to time on the licensing
arrangements in respect of Protected Zone commercial fisheries.
ARTICLE 27
---------
Third State Fishing in Protected Zone Commercial Fisheries
----------------------------------------------
1. The responsible authorities of the Parties shall inform one another and
shall consult, at the request of either of them, concerning the proposed
exploitation of the Protected Zone commercial fisheries-
(a) by a joint venture in which there is third-State equity participation;
or
(b) by a vessel of third-State registration or with a crew substantially
of the nationality of a third State.
2. Vessels the operations of which are under the control of nationals of a
third State shall not be licensed to exploit the Protected Zone commercial
fisheries without the concurrence of the responsible authorities of both
Parties in the particular case or class of cases.
ARTICLE 28
---------
Inspection and Enforcement
----------------------
1. The Parties shall co-operate, including by exchange of personnel, in
inspection and enforcement to prevent violations of the Protected Zone
commercial fisheries arrangements and in taking appropriate enforcement
measures in the event of such violations.
2. The Parties shall consult from time to time, as necessary, so as to ensure
that legislation and regulations adopted by each Party pursuant to paragraph 1
of this Article are, as far as practicable, consistent with the legislation
and regulations of the other Party.
3. Each Party shall make it an offence under its fisheries laws or regulations
for a person to use a vessel of its nationality to fish in Protected Zone
commercial fisheries for species of fisheries resources in areas over which
the other Party has jurisdiction in respect of those species-
(a) without being duly licensed or authorised by that other Party; or
(b) in the case of a licensed or authorised vessel, in breach of the
fisheries laws or regulations of the other Party applying within those
areas.
4. Each Party will, in relation to species of fisheries resources in areas
where it has jurisdiction in respect of those species-
(a) investigate suspected offences against its fisheries laws and
regulations; and
(b) except as provided in or under this article, take corrective action
when necessary against offenders against those laws or regulations.
5. In this article, ''corrective action'' means the action normally taken in
respect of a suspected offence, after due investigation, and includes, where
appropriate, the apprehension of a suspected offender, the prosecution of an
alleged offender, or the execution of a penalty imposed by a court or the
cancellation or suspension of the licence of an offender.
6. In accordance with the provisions of this Article, and in other appropriate
cases as may be agreed between the Parties, corrective action in respect of
offences or suspected offences against the fisheries laws or regulations of
the Parties shall be taken by the authorities of the Party whose nationality
is borne by the vessel or person concerned (called in this Article ''the first
Party'') and not by the Party in whose area of jurisdiction the offence or
suspected offence occurs (called in this Article ''the second Party'').
7. The Parties acknowledge that the principle stated in paragraph 6 of this
Article should not be applied so as to frustrate the enforcement of fisheries
laws or regulations or to enable offenders against those laws or regulations
to go unpunished.
8. Where, in the case of a suspected offence alleged to have been committed in
or in the vicinity of the Protected Zone, it appears that the offence was, or
might reasonably be considered to have been, committed in the course of
traditional fishing, corrective action or other measures shall be taken by the
authorities of the first Party and not by the authorities of the second Party
and, if being detained by the authorities of the second Party, the alleged
offenders and their vessel shall be either released or handed over to the
authorities of the first Party, in accordance with arrangements that will
avoid undue expense or inconvenience to the authorities of the second Party.
9. Where paragraph 8 of this Article applies, the authorities of the second
Party may require assurance in a particular case that corrective action or
other measures will be taken by the authorities of the first Party that will
adequately ensure that the activity complained of will not be repeated.
10. Where the provisions of paragraph 8 of this Article do not apply, and the
person or vessel alleged to have been involved or used in the commission of a
suspected offence in the Protected Zone is licensed to fish in the Protected
Zone by the authorities of the first Party, corrective action shall be taken
by the authorities of the first Party and not by the authorities of the second
Party and, if being detained by the authorities of the second Party, the
alleged offenders and their vessel shall be either released or handed over to
the authorities of the first Party, in accordance with arrangements that will
avoid undue expense or inconvenience to the authorities of the second Party,
and the provisions of paragraphs 13 and 14 of this article shall apply.
11. The provisions of paragraph 10 of this Article shall also apply in respect
of a suspected offence by a person or vessel of the first Party in an area of
jurisdiction of the second Party outside the Protected Zone where-
(a) that person or vessel was authorised by the authorities of the second
Party to fish in the area where the suspected offence was committed
under the arrangements referred to in paragraph 1 of Article 22 of
this Treaty; and
(b) the suspected offence was committed in relation to the fishery the
subject of that authorisation and did not involve the taking of other
species or potential injury to another fishery.
12. Persons or vessels of the first Party detained by the authorities of the
Second Party in the circumstances described in paragraphs 8 and 10 of this
Article may be detained for as long as necessary to enable those authorities
to conduct an expeditious investigation into the offence and to obtain
evidence. Thereafter, they shall not be detained other than for the purpose of
the handing over of the persons or vessels in accordance with the provisions
of those paragraphs unless they are lawfully detained on some other ground.
13. If an alleged offender referred to in paragraph 10 of this Article is, in
respect of conduct in waters under the jurisdiction of the second party-
(a) convicted of an offence against the fisheries laws or regulations of
the first Party; or
(b) found by the authorities of the first Party, on the basis of
sufficient available evidence, to have contravened or failed to comply
with a condition of his licence or authorisation or that of his
vessel;
the authorities of the first Party shall, where appropriate and having regard
to paragraph 7 of this Article, cancel or suspend the licence or authorisation
of the person or his vessel so far as it relates to the Protected Zone
commercial fisheries.
14. Where a person or vessel involved or used in the commission of the alleged
offence referred to in paragraph 10 of this Article is also currently licensed
or authorised to fish in the area of the Protected Zone by the second Party,
the authorities of the second Party may, after receiving a report and
representations, if any, from the authorities of the first Party, cancel or
suspend that licence or authorisation in accordance with its laws for such
period as is warranted by the circumstances of the case.
15. Each Party shall provide the other Party with any evidence obtained during
investigations carried out in accordance with this Article into a suspected
offence involving a person or vessel of the other Party. Each Party shall take
appropriate measures to facilitate the admission of such evidence in
proceedings taken in respect of the suspected offence.
16. In this Article references to persons and vessels of, or of the
nationality of, a Party include references to persons or vessels licensed by
that Party under sub-paragraph 1 (b) of Article 26 of this Treaty, and the
crews of vessels so licensed, except where such persons or vessels have a
prior current licence from the other Party under that sub-paragraph.
PART 6
--------
FINAL ARTICLES
----------------
ARTICLE 29
--------
Settlement of Disputes
------------------
Any dispute between the Parties arising out of the interpretation or
implementation of this Treaty shall be settled by consultation or negotiation.
ARTICLE 30
---------
Consultations
------------
The Parties shall consult, at the request of either, on any matters relating
to this Treaty.
ARTICLE 31
---------
Annexes
------
The Annexes to this Treaty shall have force and effect as integral parts of
this Treaty.
ARTICLE 32
---------
Ratification
---------
This Treaty shall be subject to ratification and shall enter into force on the
exchange of the instruments of ratification.
IN WITNESS WHEREOF the undersigned being duly authorised have signed the
present Treaty and have affixed thereto their seals.
DONE in duplicate at Sydney on this eighteenth day of December, One thousand
nine hundred and seventy-eight.
FOR AUSTRALIA FOR PAPUA NEW GUINEA
Signed MALCOLM FRASER Signed MICHAEL SOMARE
------------------ ------------------
Prime Minister Prime Minister
Signed ANDREW PEACOCK Signed N. EBIA OLEWALE
------------------ ------------------
Minister for Foreign Affairs Deputy Prime Minister and
Minister
for Foreign Affairs and
Trade ANNEX 1 TO 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
TERRITORIAL SEA BOUNDARIES BETWEEN THE ISLANDS OF AUBUSI, BOIGU AND
------------------------------------------------------------------------------
-- MOIMI AND PAPUA NEW GUINEA AND BETWEEN THE ISLANDS OF DAUAN,
------------------------------------------------------------------------
KAUMAG AND SAIBAI AND PAPUA NEW GUINEA
-------------------------------------------------
BETWEEN THE ISLANDS OF AUBUSI, BOIGU AND MOIMI AND PAPUA NEW
-----------------------------------------------------------------------------
GUINEA
-------- A line-
commencing at the point of Latitude 9 degrees 15' 43" South, Longitude 142
degrees 03' 30" East (''Point 1'');
running thence north-easterly along the geodesic to the point of Latitude
9degrees 12' 50" South, Longitude 142degrees 06' 25" East (''Point 2'');
thence north-easterly along the geodesic to the point of Latitude 9degrees 11'
51" South, Longitude 142 degrees 08' 33" East (''Point 3'');
thence south-easterly along the geodesic to the point of Latitude 9degrees 11'
58" South, Longitude 142 degrees 10' 18" East (''Point 4'');
thence north-easterly along the geodesic to the point of Latitude 9degrees 11'
22" South, Longitude 142 degrees 12' 54" East (''Point 5'');
thence south-easterly along the geodesic to the point of Latitude 9degrees 11'
34" South, Longitude 142 degrees 14' 08" East (''Point 6'');
thence south-easterly along the geodesic to the point of Latitude 9degrees 13'
53" South, Longitude 142 degrees 16' 26" East (''Point 7''); and
thence south-easterly along the geodesic to the point of Latitude 9degrees 16'
04" South, Longitude 142 degrees 20' 41" East (''Point 8'') where it
terminates.
BETWEEN THE ISLANDS OF DAUAN, KAUMAG AND SAIBAI AND
----------------------------------------------------------------
PAPUA NEW GUINEA
--------------------- A line-
commencing at the point of Latitude 9 degrees 22' 04" South, Longitude 142
degrees 29' 41" East (''Point 9'');
running thence north-easterly along the geodesic to the point of Latitude
9degrees 21' 48" South, Longitude 142degrees 31' 29" East (''Point 10'');
thence south-easterly along the geodesic to the point of Latitude 9degrees 22'
33" South, Longitude 142 degrees 33' 28" East (''Point 11'');
thence north-easterly along the geodesic to the point of Latitude 9degrees 21'
25" South, Longitude 142 degrees 35' 29" East (''Point 12'');
thence north-easterly along the geodesic to the point of Latitude 9degrees 20'
21" South, Longitude 142 degrees 41' 43" East (''Point 13'');
thence north-easterly along the geodesic to the point of Latitude 9degrees 20'
16" South, Longitude 142 degrees 43' 53" East (''Point 14''); and
thence north-easterly along the geodesic to the point of Latitude 9degrees 19'
26" South, Longitude 142 degrees 48' 18" East (''Point 15'') where it
terminates.
ANNEX 3 TO 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
OUTER LIMITS OF TERRITORIAL SEAS
--------------------------------------
TERRITORIAL SEA OF THE ISLANDS OF AUBUSI, BOIGU AND MOIMI
--------------------------------------------------------------------
The outer limit of the territorial sea of the islands of Aubusi, Boigu and
Moimi shall be a continuous line-
(a) commencing at the point specified as Point 1 in Annex 1 to this
Treaty;
(b) running thence along the geodesics successively joining the points
specified as Points 1 to 8 in Annex 1 to this Treaty; and
(c) thence along a series of intersecting arcs of circles having a radius
of three miles and drawn successively from the following points-
Latitude Longitude
------ --------
(South) (East)
(i) 9 degrees 15' 53" 142 degrees 17' 39"
(ii) 9 degrees 16' 26" 142 degrees 17' 36"
(iii) 9 degrees 16' 28" 142 degrees 17' 36"
(iv) 9 degrees 16' 31" 142 degrees 17' 30"
(v) 9 degrees 17' 06" 142 degrees 17' 30"
(vi) 9 degrees 17' 15" 142 degrees 17' 30"
(vii) 9 degrees 17' 26" 142 degrees 17' 15"
(viii) 9 degrees 17' 50" 142 degrees 16' 46"
(ix) 9 degrees 17' 55" 142 degrees 16' 39"
(x) 9 degrees 17' 56" 142 degrees 16' 30"
(xi) 9 degrees 17' 53" 142 degrees 16' 11"
(xii) 9 degrees 17' 52" 142 degrees 16' 07"
(xiii) 9 degrees 17' 44" 142 degrees 14' 52"
(xiv) 9 degrees 17' 45" 142 degrees 14' 49"
(xv) 9 degrees 17' 44" 142 degrees 14' 38"
(xvi) 9 degrees 17' 44" 142 degrees 14' 30"
(xvii) 9 degrees 17' 38" 142 degrees 14' 06"
(xviii) 9 degrees 17' 38" 142 degrees 13' 59"
(xix) 9 degrees 17' 36" 142 degrees 13' 47"
(xx) 9 degrees 17' 34" 142 degrees 13' 31"
(xxi) 9 degrees 17' 33" 142 degrees 13' 20"
(xxii) 9 degrees 17' 32" 142 degrees 12' 56"
(xxiii) 9 degrees 17' 32" 142 degrees 12' 46"
(xxiv) 9 degrees 17' 33" 142 degrees 12' 26"
(xxv) 9 degrees 17' 38" 142 degrees 11' 56"
(xxvi) 9 degrees 17' 39" 142 degrees 11' 51"
(xxvii) 9 degrees 17' 38" 142 degrees 11' 34"
(xxviii) 9 degrees 17' 37" 142 degrees 11' 30"
(xxix) 9 degrees 17' 33" 142 degrees 10' 20"
(xxx) 9 degrees 17' 30" 142 degrees 10' 13"
(xxxi) 9 degrees 17' 15" 142 degrees 09' 08"
(xxxii) 9 degrees 17' 13" 142 degrees 09' 00"
(xxxiii) 9 degrees 17' 02" 142 degrees 08' 35"
(xxxiv) 9 degrees 16' 56" 142 degrees 08' 23"
(xxxv) 9 degrees 16' 52" 142 degrees 08' 15"
(xxxvi) 9 degrees 16' 47" 142 degrees 08' 01"
(xxxvii) 9 degrees 16' 46" 142 degrees 07' 58"
(xxxviii) 9 degrees 16' 21" 142 degrees 06' 52"
(xxxix) 9 degrees 16' 19" 142 degrees 06' 51"
(xl) 9 degrees 15' 08" 142 degrees 06' 28"
to the point of commencement.
TERRITORIAL SEA OF THE ISLANDS OF DAUAN, KAUMAG AND SAIBAI
-----------------------------------------------------------------------
The outer limit of the territorial sea of the islands of Dauan, Kaumag and
Saibai shall be a continuous line-
(a) commencing at the point specified as Point 9 in Annex 1 to this
Treaty;
(b) running thence along the geodesics successively joining the points
specified as Points 9 to 15 in Annex 1 to this Treaty; and
(c) thence along a series of intersecting arcs of circles having a radius
of three miles and drawn successively from the following points-
Latitude Longitude
------ --------
(South) (East)
(i) 9degrees 22' 24" 142degrees 47' 49"
(ii) 9degrees 22' 28" 142degrees 47' 53"
(iii) 9degrees 22' 39" 142degrees 47' 57"
(iv) 9degrees 22' 48" 142degrees 48' 00"
(v) 9degrees 22' 58" 142degrees 48' 01"
(vi) 9degrees 23' 02" 142degrees 48' 01"
(vii) 9degrees 23' 06" 142degrees 47' 59"
(viii) 9degrees 23' 12" 142degrees 47' 55"
(ix) 9degrees 23' 28" 142degrees 47' 46"
(x) 9degrees 23' 44" 142degrees 47' 41"
(xi) 9degrees 25' 46" 142degrees 46' 36"
(xii) 9degrees 25' 48" 142degrees 46' 36"
(xiii) 9degrees 25' 53" 142degrees 46' 29"
(xiv) 9degrees 26' 05" 142degrees 46' 12"
(xv) 9degrees 26' 10" 142degrees 46' 03"
(xvi) 9degrees 26' 15" 142degrees 45' 47"
(xvii) 9degrees 26' 15" 142degrees 45' 34"
(xviii) 9degrees 26' 12" 142degrees 45' 25"
(xix) 9degrees 26' 09" 142degrees 45' 12"
(xx) 9degrees 26' 06" 142degrees 45' 07"
(xxi) 9degrees 25' 57" 142degrees 44' 39"
(xxii) 9degrees 25' 48" 142degrees 43' 07"
(xxiii) 9degrees 25' 54" 142degrees 42' 42"
(xxiv) 9degrees 25' 53" 142degrees 42' 13"
(xxv) 9degrees 25' 52" 142degrees 41' 59"
(xxvi) 9degrees 25' 51" 142degrees 41' 51"
(xxvii) 9degrees 25' 48" 142degrees 41' 15"
(xxviii) 9degrees 25' 47" 142degrees 41' 04"
(xxix) 9degrees 25' 46" 142degrees 40' 55"
(xxx) 9degrees 25' 43" 142degrees 40' 20"
(xxxi) 9degrees 25' 44" 142degrees 40' 04"
(xxxii) 9degrees 25' 50" 142degrees 39' 30"
(xxxiii) 9degrees 25' 51" 142degrees 39' 22"
(xxxiv) 9degrees 25' 50" 142degrees 39' 13"
(xxxv) 9degrees 25' 48" 142degrees 39' 03"
(xxxvi) 9degrees 25' 35" 142degrees 38' 05"
(xxxvii) 9degrees 25' 31" 142degrees 37' 46"
(xxxviii) 9degrees 25' 28" 142degrees 37' 36"
(xxxix) 9degrees 25' 23" 142degrees 37' 22"
(xl) 9degrees 25' 22" 142degrees 37' 19"
(xli) 9degrees 25' 04" 142degrees 36' 35"
(xlii) 9degrees 24' 50" 142degrees 36' 03"
(xliii) 9degrees 25' 25" 142degrees 33' 03"
(xliv) 9degrees 25' 27" 142degrees 32' 58"
(xlv) 9degrees 25' 54" 142degrees 32' 17"
(xlvi) 9degrees 26' 11" 142degrees 33' 00"
(xlvii) 9degrees 26' 15" 142degrees 31' 55"
(xlviii) 9degrees 26' 17" 142degrees 31' 52"
(xlix) 9degrees 26' 17" 142degrees 31' 48"
(l) 9degrees 26' 15" 142degrees 31' 46"
(li) 9degrees 26' 06" 142degrees 31' 47"
(lii) 9degrees 25' 38" 142degrees 31' 35"
(liii) 9degrees 25' 28" 142degrees 31' 34"
(liv) 9degrees 25' 24" 142degrees 31' 33"
(lv) 9degrees 25' 05" 142degrees 31' 27"
(lvi) 9degrees 24' 39" 142degrees 31' 18"
(lvii) 9degrees 24' 37" 142degrees 31' 17"
(lviii) 9degrees 24' 32" 142degrees 31' 24"
to the point of commencement.
TERRITORIAL SEA OF ANCHOR CAY AND EAST CAY
----------------------------------------------------
The outer limit of the territorial sea of Anchor Cay and East Cay shall be a
continous line formed by a series of intersecting arcs of circles having a
radius of three miles and drawn successively, so as to enclose the islands,
from the following points-
Latitude Longitude
------ --------
(South) (East)
(i) 9degrees 21' 27" 144degrees 07' 30"
(ii) 9degrees 21' 25" 144degrees 07' 28"
(iii) 9degrees 21' 25" 144degrees 07' 38"
(iv) 9degrees 21' 26" 144degrees 07' 44"
(v) 9degrees 21' 29" 144degrees 07' 50"
(vi) 9degrees 21' 31" 144degrees 07' 55"
(vii) 9degrees 21' 44" 144degrees 08' 24"
(viii) 9degrees 21' 45" 144degrees 08' 27"
(ix) 9degrees 21' 49" 144degrees 08' 33"
(x) 9degrees 21' 54" 144degrees 08' 37"
(xi) 9degrees 23' 09" 144degrees 12' 43"
(xii) 9degrees 23' 02" 144degrees 12' 55"
(xiii) 9degrees 23' 02" 144degrees 13' 23"
(xiv) 9degrees 23' 04" 144degrees 13' 29"
(xv) 9degrees 23' 06" 144degrees 13' 33"
(xvi) 9degrees 23' 09" 144degrees 13' 40"
(xvii) 9degrees 23' 13" 144degrees 13' 44"
(xviii) 9degrees 23' 30" 144degrees 13' 59"
(xix) 9degrees 23' 40" 144degrees 14' 11"
(xx) 9degrees 23' 44" 144degrees 14' 18"
(xxi) 9degrees 23' 50" 144degrees 14' 25"
(xxii) 9degrees 23' 59" 144degrees 14' 30"
(xxiii) 9degrees 24' 05" 144degrees 14' 31"
(xxiv) 9degrees 24' 19" 144degrees 14' 33"
(xxv) 9degrees 24' 29" 144degrees 14' 37"
(xxvi) 9degrees 24' 40" 144degrees 14' 40"
(xxvii) 9degrees 24' 44" 144degrees 14' 40"
(xxviii) 9degrees 24' 49" 144degrees 14' 35"
(xxix) 9degrees 24' 53" 144degrees 14' 33"
(xxx) 9degrees 24' 57" 144degrees 14' 27"
(xxxi) 9degrees 24' 57" 144degrees 14' 20"
(xxxii) 9degrees 24' 56" 144degrees 14' 14"
(xxxiii) 9degrees 24' 44" 144degrees 13' 19"
(xxxiv) 9degrees 24' 40" 144degrees 13' 02"
(xxxv) 9degrees 24' 36" 144degrees 12' 58"
(xxxvi) 9degrees 24' 31" 144degrees 12' 56"
(xxxvii) 9degrees 23' 47" 144degrees 12' 34"
(xxxviii) 9degrees 22' 06" 144degrees 08' 38"
(xxxix) 9degrees 22' 07" 144degrees 08' 31"
(xl) 9degrees 21' 59" 144degrees 07' 57"
(xli) 9degrees 21' 47" 144degrees 07' 32"
(xlii) 9degrees 21' 44" 144degrees 07' 29"
(xliii) 9degrees 21' 40" 144degrees 07' 26"
(xliv) 9degrees 21' 35" 144degrees 07' 24"
TERRITORIAL SEA OF BLACK ROCKS AND BRAMBLE CAY
---------------------------------------------------------
The outer limit of the territorial sea of Black Rocks and Bramble Cay shall be
a continuous line formed by a series of intersecting arcs of circles having a
radius of three miles and drawn successively, so as to enclose the islands,
from the following points-
Latitude Longitude
------ --------
(South) (East)
(i) 9degrees 10' 28" 143degrees 49' 59"
(ii) 9degrees 08' 40" 143degrees 52' 19"
(iii) 9degrees 08' 33" 143degrees 52' 22"
(iv) 9degrees 08' 26" 143degrees 52' 32"
(v) 9degrees 08' 24" 143degrees 52' 41"
(vi) 9degrees 08' 23" 143degrees 52' 48"
(vii) 9degrees 08' 24" 143degrees 53' 54"
(viii) 9degrees 08' 27" 143degrees 53' 06"
(ix) 9degrees 08' 32" 143degrees 53' 12"
(x) 9degrees 08' 43" 143degrees 53' 19"
(xi) 9degrees 08' 48" 143degrees 53' 19"
(xii) 9degrees 08' 52" 143degrees 53' 17"
(xiii) 9degrees 09' 00" 143degrees 53' 13"
(xiv) 9degrees 09' 04" 143degrees 53' 07"
(xv) 9degrees 09' 08" 143degrees 53' 00"
(xvi) 9degrees 09' 07" 143degrees 52' 49"
TERRITORIAL SEA OF DELIVERANCE ISLAND AND KERR ISLET
--------------------------------------------------------------
The outer limit of the territorial sea of Deliverance Island and Kerr Islet
shall be a continuous line formed by a series of intersecting arcs of circles
having a radius of three miles and drawn successively, so as to enclose the
islands, from the following points-
Latitude Longitude
------ --------
(South) (East)
(i) 9degrees 32' 39" 141degrees 32' 15"
(ii) 9degrees 32' 35" 141degrees 32' 11"
(iii) 9degrees 32' 07" 141degrees 31' 50"
(iv) 9degrees 32' 02" 141degrees 31' 54"
(v) 9degrees 31' 56" 141degrees 31' 58"
(vi) 9degrees 31' 51" 141degrees 32' 02"
(vii) 9degrees 31' 29" 141degrees 32' 17"
(viii) 9degrees 31' 27" 141degrees 32' 19"
(ix) 9degrees 31' 24" 141degrees 32' 21"
(x) 9degrees 30' 40" 141degrees 33' 32"
(xi) 9degrees 30' 08" 141degrees 34' 01"
(xii) 9degrees 30' 01" 141degrees 34' 05"
(xiii) 9degrees 29' 57" 141degrees 34' 08"
(xiv) 9degrees 29' 51" 141degrees 34' 14"
(xv) 9degrees 29' 51" 141degrees 34' 19"
(xvi) 9degrees 29' 58" 141degrees 36' 13"
(xvii) 9degrees 30' 04" 141degrees 36' 16"
(xviii) 9degrees 30' 12" 141degrees 36' 16"
(xix) 9degrees 30' 28" 141degrees 36' 18"
(xx) 9degrees 30' 47" 141degrees 36' 18"
(xxi) 9degrees 31' 00" 141degrees 36' 15"
(xxii) 9degrees 31' 11" 141degrees 36' 10"
(xxiii) 9degrees 31' 29" 141degrees 36' 02"
(xxiv) 9degrees 31' 38" 141degrees 35' 55"
(xxv) 9degrees 31' 47" 141degrees 35' 46"
(xxvi) 9degrees 31' 50" 141degrees 35' 42"
(xxvii) 9degrees 32' 02" 141degrees 35' 21"
(xxviii) 9degrees 36' 21" 141degrees 34' 33"
(xxix) 9degrees 36' 24" 141degrees 34' 34"
(xxx) 9degrees 36' 35" 141degrees 34' 33"
(xxxi) 9degrees 36' 49" 141degrees 34' 26"
(xxxii) 9degrees 36' 56" 141degrees 34' 21"
(xxxiii) 9degrees 37' 05" 141degrees 34' 02"
(xxxiv) 9degrees 37' 14" 141degrees 33' 47"
(xxxv) 9degrees 37' 15" 141degrees 33' 28"
(xxxvi) 9degrees 37' 13" 141degrees 33' 25"
(xxxvii) 9degrees 37' 09" 141degrees 33' 22"
(xxxviii) 9degrees 37' 03" 141degrees 33' 21"
(xxxix) 9degrees 36' 58" 141degrees 33' 22"
(xl) 9degrees 36' 52" 141degrees 33' 27"
TERRITORIAL SEA OF PEARCE CAY
----------------------------------
The outer limit of that part of the territorial sea of Pearce Cay which lies
north of the line referred to in paragraph 1 of Article 4 of this Treaty shall
be a continuous line-
(a) commencing at the point of Latitude 9degrees 33' 00" South, Longitude
143 degrees 14' 51" East;
(b) thence along a series of intersecting arcs of circles having a radius
of three miles and drawn successively from the following points-
Latitude Longitude
------ --------
(South) (East)
(i) 9degrees 30' 56" 143degrees 17' 03"
(ii) 9degrees 30' 53" 143degrees 17' 03"
(iii) 9degrees 30' 50" 143degrees 17' 08"
(iv) 9degrees 30' 46" 143degrees 17' 19"
(v) 9degrees 30' 43" 143degrees 17' 26"
(vi) 9degrees 30' 42" 143degrees 17' 34"
(vii) 9degrees 30' 41" 143degrees 17' 43"
(viii) 9degrees 30' 48" 143degrees 17' 42"
(ix) 9degrees 30' 50" 143degrees 17' 40"
to the point of Latitude 9degrees 33' 00" South, Longitude 143degrees 19' 46"
East; and
(c) thence along the parallel of Latitude 9degrees 33' 00" South to the
point of commencement.
TERRITORIAL SEA OF TURNAGAIN ISLAND
-------------------------------------------
The outer limit of the territorial sea of Turnagain Island shall be a
continuous line formed by a series of intersecting arcs of circles having a
radius of three miles, and drawn successively, so as to enclose the island,
from the following points-
Latitude Longitude
------ --------
(South) (East)
(i) 9degrees 32' 54" 142degrees 10' 47"
(ii) 9degrees 32' 54" 142degrees 10' 44"
(iii) 9degrees 32' 54" 142degrees 10' 40"
(iv) 9degrees 32' 52" 142degrees 10' 36"
(v) 9degrees 32' 49" 142degrees 10' 35"
(vi) 9degrees 32' 44" 142degrees 10' 36"
(vii) 9degrees 32' 23" 142degrees 10' 54"
(viii) 9degrees 32' 11" 142degrees 11' 39"
(ix) 9degrees 32' 10" 142degrees 11' 45"
(x) 9degrees 32' 15" 142degrees 11' 54"
(xi) 9degrees 32' 37" 142degrees 14' 59"
(xii) 9degrees 32' 36" 142degrees 15' 08"
(xiii) 9degrees 32' 37" 142degrees 15' 14"
(xiv) 9degrees 32' 40" 142degrees 15' 24"
(xv) 9degrees 32' 44" 142degrees 15' 40"
(xvi) 9degrees 32' 44" 142degrees 15' 47"
(xvii) 9degrees 32' 45" 142degrees 15' 53"
(xviii) 9degrees 32' 48" 142degrees 16' 04"
(xix) 9degrees 32' 51" 142degrees 16' 16"
(xx) 9degrees 32' 53" 142degrees 16' 28"
(xxi) 9degrees 32' 54" 142degrees 16' 34"
(xxii) 9degrees 32' 56" 142degrees 16' 39"
(xxiii) 9degrees 32' 58" 142degrees 16' 49"
(xxiv) 9degrees 33' 02" 142degrees 17' 01"
(xxv) 9degrees 33' 03" 142degrees 17' 12"
(xxvi) 9degrees 33' 05" 142degrees 17' 18"
(xxvii) 9degrees 33' 11" 142degrees 17' 30"
(xxviii) 9degrees 33' 14" 142degrees 17' 40"
(xxix) 9degrees 33' 16" 142degrees 17' 50"
(xxx) 9degrees 33' 18" 142degrees 18' 00"
(xxxi) 9degrees 33' 21" 142degrees 18' 09"
(xxxii) 9degrees 33' 23" 142degrees 18' 16"
(xxxiii) 9degrees 33' 28" 142degrees 18' 27"
(xxxiv) 9degrees 33' 33" 142degrees 18' 42"
(xxxv) 9degrees 33' 35" 142degrees 18' 51"
(xxxvi) 9degrees 33' 38" 142degrees 19' 03"
(xxxvii) 9degrees 33' 41" 142degrees 19' 12"
(xxxviii) 9degrees 33' 42" 142degrees 19' 19"
(xxxix) 9degrees 33' 44" 142degrees 19' 25"
(xl) 9degrees 33' 47" 142degrees 19' 38"
(xli) 9degrees 33' 49" 142degrees 19' 40"
(xlii) 9degrees 34' 15" 142degrees 20' 11"
(xliii) 9degrees 34' 19" 142degrees 20' 16"
(xliv) 9degrees 34' 23" 142degrees 20' 17"
(xlv) 9degrees 34' 29" 142degrees 20' 14"
(xlvi) 9degrees 34' 34" 142degrees 20' 10"
(xlvii) 9degrees 34' 42" 142degrees 20' 03"
(xlviii) 9degrees 34' 46" 142degrees 19' 58"
(xlix) 9degrees 34' 49" 142degrees 19' 52"
(l) 9degrees 34' 52" 142degrees 19' 32"
(li) 9degrees 34' 52" 142degrees 19' 24"
(lii) 9degrees 34' 52" 142degrees 19' 15"
(liii) 9degrees 34' 50" 142degrees 19' 05"
(liv) 9degrees 34' 48" 142degrees 18' 54"
(lv) 9degrees 34' 46" 142degrees 18' 39"
(lvi) 9degrees 34' 43" 142degrees 18' 28"
(lvii) 9degrees 34' 40" 142degrees 18' 11"
(lviii) 9degrees 34' 38" 142degrees 18' 05"
(lix) 9degrees 34' 35" 142degrees 17' 56"
(lx) 9degrees 34' 30" 142degrees 17' 39"
(lxi) 9degrees 34' 23" 142degrees 17' 09"
(lxii) 9degrees 34' 21" 142degrees 16' 55"
(lxiii) 9degrees 34' 19" 142degrees 16' 39"
(lxiv) 9degrees 34' 16" 142degrees 16' 29"
(lxv) 9degrees 34' 07" 142degrees 15' 58"
(lxvi) 9degrees 34' 05" 142degrees 15' 49"
(lxvii) 9degrees 34' 01" 142degrees 15' 41"
(lxviii) 9degrees 33' 50" 142degrees 15' 17"
(lxix) 9degrees 33' 48" 142degrees 15' 10"
(lxx) 9degrees 33' 44" 142degrees 15' 00"
(lxxi) 9degrees 33' 35" 142degrees 14' 48"
(lxxii) 9degrees 33' 24" 142degrees 14' 31"
(lxxiii) 9degrees 33' 09" 142degrees 13' 59"
(lxxiv) 9degrees 33' 08" 142degrees 13' 53"
TERRITORIAL SEA OF TURU CAY
---------------------------------
The outer limit of the territorial sea of Turu Cay shall be a continuous line
formed by a series of intersecting arcs of circles having a radius of three
miles and drawn successively, so as to enclose the island, from the following
points-
Latitude Longitude
------ --------
(South) (East)
(i) 9degrees 49' 53" 141degrees 24' 42"
(ii) 9degrees 49' 39" 141degrees 24' 44"
(iii) 9degrees 49' 31" 141degrees 24' 52"
(iv) 9degrees 49' 25" 141degrees 25' 02"
(v) 9degrees 49' 23" 141degrees 25' 13"
(vi) 9degrees 49' 20" 141degrees 25' 25"
(vii) 9degrees 49' 19" 141degrees 25' 36"
(viii) 9degrees 49' 18" 141degrees 25' 43"
(ix) 9degrees 49' 18" 141degrees 25' 53"
(x) 9degrees 49' 17" 141degrees 26' 07"
(xi) 9degrees 49' 23" 141degrees 26' 09"
(xii) 9degrees 49' 26" 141degrees 26' 06"
(xiii) 9degrees 49' 32" 141degrees 25' 58"
(xiv) 9degrees 49' 38" 141degrees 25' 49"
(xv) 9degrees 49' 44" 141degrees 25' 38"
(xvi) 9degrees 49' 47" 141degrees 25' 31"
(xvii) 9degrees 49' 53" 141degrees 25' 19"
(xviii) 9degrees 49' 56" 141degrees 25' 09"
(xix) 9degrees 49' 57" 141degrees 24' 54"
(xx) 9degrees 49' 56" 141degrees 24' 45"
ANNEX 5 TO THE TREATY BETWEEN AUSTRALIA AND THE INDEPENDENT STATE OF PAPUA NEW
GUINEA CONCERNING SOVEREIGNTY AND MARITIME BOUNDARIES IN THE AREA BETWEEN THE
TWO COUNTRIES INCLUDUNG THE AREA KNOWN AS TORRES STRAIT, AND RELATED MATTERS
SEABED JURISDICTION LINE
---------------------------- A line-
(a) commencing at the point of Latitude 10degrees 50' 00" South, Longitude
139 degrees 12' 00" East;
(b) running thence south-easterly along the geodesic to the point of
Latitude 11 degrees 09' 00" South, Longitude 139 degrees 23' 00" East;
(c) thence north-easterly along the geodesic to the point of Latitude
10degrees 59' 00" South, Longitude 140 degrees 00' 00" East;
(d) thence north-easterly along the geodesic to the point of Latitude
9degrees 46' 00" South, Longitude 142 degrees 00' 00" East;
(e) thence north-easterly along the geodesic to the point of Latitude
9degrees 45' 24" South, Longitude 142 degrees 03' 30" East;
(f) thence north-easterly along the geodesic to the point of Latitude
9degrees 42' 00" South, Longitude 142 degrees 23' 00" East;
(g) thence north-easterly along the geodesic to the point of Latitude
9degrees 40' 30" South, Longitude 142 degrees 51' 00" East;
(h) thence north-easterly along the geodesic to the point of Latitude
9degrees 40' 00" South, Longitude 143 degrees 00' 00" East;
(i) thence north-easterly along the geodesic to the point of
Latitude 9degrees 33' 00" South, Longitude 143 degrees 05' 00"
East;
(j) thence east along the parallel of Latitude 9degrees 33' 00" South to
its intersection by the meridian of Longitude 143 degrees 20' 00"
East;
(k) thence north-easterly along the geodesic to the point of Latitude
9degrees 24' 00" South, Longitude 143 degrees 30' 00" East;
(l) thence north-easterly along the geodesic to the point of Latitude
9degrees 22' 00" South, Longitude 143 degrees 48' 00" East;
(m) thence south-easterly along the geodesic to the point of Latitude
9degrees 30' 00" South, Longitude 144 degrees 15' 00" East;
(n) thence south-easterly along the geodesic to the point of Latitude 9
degrees 51' 00" South, Longitude 144 degrees 44' 00" East;
(o) thence south-easterly along the geodesic to the point of Latitude 12
degrees 20' 00" South, Longitude 146 degrees 30' 00" East;
(p) thence south-easterly along the geodesic to the point of Latitude 12
degrees 38' 30" South, Longitude 147 degrees 08' 30" East;
(q) thence south-easterly along the geodesic to the point of Latitude 13
degrees 10' 30" South, Longitude 148 degrees 05' 00" East;
(r) thence south-easterly along the geodesic to the point of Latitude 14
degrees 38' 00" South, Longitude 152 degrees 07' 00" East;
(s) thence south-easterly along the geodesic to the point of Latitude 14
degrees 45' 00" South, Longitude 154 degrees 15' 00" East;
(t) thence north-easterly along the geodesic to the point of Latitude 14
degrees 05' 00" South, Longitude 156 degrees 37' 00" East; and
(u) thence north-easterly along the geodesic to the point of Latitude 14
degrees 04' 00" South, Longtiude 157degrees 00' 00" East where it
terminates.
ANNEX 8 TO 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
FISHERIES JURISDICTION LINE
------------------------------ A line-
(a) commencing at the point of Latitude 10degrees 50' 00" South, Longitude
139 degrees 12' 00" East;
(b) running thence south-easterly along the geodesic to the point of
Latitude 11 degrees 09' 00" South, Longitude 139 degrees 23' 00" East;
(c) thence north-easterly along the geodesic to the point of Latitude 10
degrees 59' 00" South, Longitude 140 degrees 00' 00" East;
(d) thence north-easterly along the geodesic to the point of Latitude 9
degrees 46' 00" South, Longitude 142 degrees 00' 00" East;
(e) thence north-easterly along the geodesic to the point of Latitude 9
degrees 45' 24" South, Longitude 142 degrees 03' 30" East;
(f) thence north along the meridian of Longitude 142degrees 03' 30" East
to its intersection by the parallel of Latitude 9 degrees 15' 43"
South;
(g) thence north-easterly along the geodesic to the point of Latitude 9
degrees 12' 50" South, Longitude 142 degrees 06' 25" East;
(h) thence north-easterly along the geodesic to the point of Latitude 9
degrees 11' 51" South, Longitude 142 degrees 08' 33" East;
(i) thence south-easterly along the geodesic to the point of
Latitude 9 degrees 11' 58" South, Longitude 142 degrees 10' 18"
East;
(j) thence north-easterly along the geodesic to the point of Latitude 9
degrees 11' 22" South, Longitude 142 degrees 12' 54" East;
(k) thence south-easterly along the geodesic to the point of Latitude 9
degrees 11' 34" South, Longitude 142 degrees 14' 08" East;
(l) thence south-easterly along the geodesic to the point of Latitude 9
degrees 13' 53" South, Longitude 142 degrees 16' 26" East;
(m) thence south-easterly along the geodesic to the point of Latitude 9
degrees 16' 04" South, Longitude 142 degrees 20' 41" East;
(n) thence south-easterly along the geodesic to the point of Latitude 9
degrees 22' 04" South, Longitude 142 degrees 29' 41" East;
(o) thence north-easterly along the geodesic to the point of Latitude 9
degrees 21' 48" South, Longitude 142 degrees 31' 29" East;
(p) thence south-easterly along the geodesic to the point of Latitude 9
degrees 22' 33" South, Longitude 142 degrees 33' 28" East;
(q) thence north-easterly along the geodesic to the point of Latitude 9
degrees 21' 25" South, Longitude 142 degrees 35' 29" East;
(r) thence north-easterly along the geodesic to the point of Latitude 9
degrees 20' 21" South, Longitude 142 degrees 41' 43" East;
(s) thence north-easterly along the geodesic to the point of Latitude 9
degrees 20' 16" South, Longitude 142 degrees 43' 53" East;
(t) thence north-easterly along the geodesic to the point of Latitude 9
degrees 19' 26" South, Longitude 142degrees 48' 18" East where it
joins the outer limit of the three mile territorial sea of Saibai
Island;
(u) thence along that outer limit so as to pass to the east of Saibai
Island to the point of Latitude 9degrees 23' 40" South, Longitude
142degrees 51' 00" East;
(v) thence south along the meridian of Longitude 142degrees 51' 00" East
to its intersection by the parallel of Latitude 9 degrees 40' 30"
South;
(w) thence north-easterly along the geodesic to the point of Latitude 9
degrees 40' 00" South, Longitude 143 degrees 00' 00" East;
(x) thence north-easterly along the geodesic to the point of Latitude 9
degrees 33' 00" South, Longitude 143 degrees 05' 00" East;
(y) thence east along the parallel of Latitude 9degrees 33' 00" South to
its intersection by the meridian of Longitude 143 degrees 20' 00"
East;
(z) thence north-easterly along the geodesic to the point of Latitude 9
degrees 24' 00" South, Longitude 143 degrees 30' 00" East;
(za) thence north-easterly along the geodesic to the point of Latitude 9
degrees 22' 00" South, Longitude 143 degrees 48' 00" East;
(zb) thence south-easterly along the geodesic to the point of Latitude 9
degrees 30' 00" South, Longitude 144 degrees 15' 00" East;
(zc) thence south-easterly along the geodesic to the point of Latitude 9
degrees 51' 00" South, Longitude 144 degrees 44' 00" East;
(zd) thence south-easterly along the geodesic to the point of Latitude 12
degrees 20' 00" South, Longitude 146 degrees 30' 00" East;
(ze) thence south-easterly along the geodesic to the point of Latitude 12
degrees 38' 30" South, Longitude 147 degrees 08' 30" East;
(zf) thence south-easterly along the geodesic to the point of Latitude 13
degrees 10' 30" South, Longitude 148 degrees 05' 00" East;
(zg) thence south-easterly along the geodesic to the point of Latitude 14
degrees 38' 00" South, Longitude 152 degrees 07' 00" East;
(zh) thence south-easterly along the geodesic to the point of Latitude 14
degrees 45' 00" South, Longitude 154 degrees 15' 00" East; and
(zi) thence north-easterly along the geodesic to the point of Latitude 14
degrees 05' 00" South, Longitude 156degrees 37' 00" East where it
terminates.
ANNEX 9 TO 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
PROTECTED ZONE
------------------ A line-
(a) commencing at the point of Latitude 10degrees 28' 00" South, Longitude
144 degrees 10' 00" East;
(b) running thence west along the parallel of Latitude 10degrees 28' 00"
South to its intersection by the meridian of Longitude 141degrees 20'
00" East;
(c) thence north along that meridian to its intersection by the parallel
of Latitude 9 degrees 33' 00" South;
(d) thence north-easterly along the geodesic to the point of Latitude 9
degrees 13' 00" South, Longitude 141 degrees 57' 00" East;
(e) thence north along the meridian of Longitude 141degrees 57' 00" East
to its intersection by the southern coastline of the island of New
Guinea at low water;
(f) thence generally easterly along the southern coastline of the island
of New Guinea, that is along the low water line on that coast and
across any river mouth and in the case of the mouth of the Mai Kussa
River along the parallel of Latitude 9degrees 09' 00" South, thence
along the southern coastline of the island of New Guinea, that is
along the low water line on that coast and across any river mouth to
its intersection by the meridian of Longitude 142degrees 36' 00" East;
(g) thence south along that meridian to its intersection by the parallel
of Latitude 9 degrees 21' 00" South;
(h) thence north-easterly along the geodesic between that point of
intersection and the point of Latitude 9 degrees 09' 00" South,
Longitude 143 degrees 47' 20" East;
(i) thence along the outer limit of the three-mile territorial sea
of Black Rocks, so as to pass to the north-west of Black Rocks,
to the point of intersection of that limit by the outer limit
of the three-mile territorial sea of Bramble Cay;
(j) thence along that outer limit, so as to pass successively to the north
and east of Bramble Cay, to the point of Latitude 9degrees 10' 50"
South, Longitude 143 degrees 55' 40" East;
(k) thence south-easterly along the geodesic to the point of Latitude 9
degrees 18' 40" South, Longitude 144 degrees 06' 10" East;
(l) thence along the outer limit of the three-mile territorial sea of
Anchor Cay, so as to pass to the north of Anchor Cay, to the point of
intersection of that limit by the outer limit of the three-mile
territorial sea of East Cay;
(m) thence along that outer limit, so as to pass successively to the north
and east of East Cay, to the point of Latitude 9 degrees 26' 50"
South, Longitude 144 degrees 16' 50" East;
(n) thence south-easterly along the geodesic to the point of Latitude 9
degrees 35' 15" South, Longitude 144 degrees 28' 00" East;
(o) thence south along the meridian of Longitude 144degrees 28' 00" East
to its intersection by the parallel of Latitude 9 degrees 54' 00"
South;
(p) thence south-westerly along the geodesic to the point of Latitude 10
degrees 15' 00" South, Longitude 144 degrees 12' 00" East; and
(q) thence south-westerly along the geodesic to the point of commencement.
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