Western Australian Current Acts Western Australian Current Acts (1) The Commonwealth
and the States have agreed that —
(a)
Commonwealth offshore mining legislation should be limited to the area that is
outside State coastal waters; and
(b) the
States should share, in the manner provided by the Offshore Minerals Act 1994
of the Commonwealth, in the administration of the Commonwealth offshore mining
legislation; and
(c)
State offshore mining legislation should apply to State coastal waters beyond
the baseline for the territorial sea (that is, the first 3 nautical miles of
the territorial sea); and
(d) the
Commonwealth and the States should try to maintain, as far as practicable,
common principles, rules and practices in regulating and controlling offshore
mining beyond the baseline of Australia’s territorial sea.
Notes for this subsection:
1. So far as the
agreement relates to petroleum, it is reflected in this State’s
legislation by the Petroleum (Submerged Lands) Act 1982 .
2. Some sections of
the Commonwealth Act contain provisions that are not relevant to the operation
of this Act. To keep uniformity between this Act and the Commonwealth Act the
numbers of the sections that are not relevant up to section 423 have not been
used in the numbering of this Act. A section of this Act and the corresponding
section of the Commonwealth Act up to section 423 will therefore have the same
number. From section 424 onwards the two Acts differ significantly and
uniformity of numbering has not been maintained.
(2) Other Acts that
provide background in this State to the agreement (commonly referred to as the
“Offshore Constitutional Settlement”) are —
(a) the
Seas and Submerged Lands Act 1973 , the Coastal Waters (State Powers) Act
1980 , the Coastal Waters (State Title) Act 1980 and the
Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and
(b) the
Petroleum (Submerged Lands) Act 1982 of this State.
Notes for this subsection:
1. The
Seas and Submerged Lands Act 1973 —
(a)
declares and enacts that the sovereignty in respect of the territorial sea and
the associated airspace, seabed and subsoil is vested in and exercisable by
the Crown in right of the Commonwealth;
(b)
gives the Governor-General power to declare, by Proclamation, the limits of
the territorial sea;
(c)
declares and enacts that the sovereignty in respect of waters of the sea that
are on the landward side of the baseline of the territorial sea (but not
within the limits of a State) and in respect of the associated airspace,
seabed and subsoil is vested in and exercisable by the Crown in right of the
Commonwealth;
(d)
declares and enacts that the sovereign rights of Australia as a coastal State
in respect of the Continental Shelf of Australia (for the purpose of exploring
it and exploiting its natural resources) are vested in and exercisable by the
Crown in right of the Commonwealth;
(e)
gives the Governor-General power to declare, by Proclamation, the limits of
the Continental Shelf of Australia.
2. The
Coastal Waters (State Powers) Act 1980 was enacted following a request from
the Parliaments of all the States under paragraph 51(xxxviii) of the
Constitution of the Commonwealth and provides that the legislative powers
exercisable under the Constitution of each State extend to the making of
certain laws that would operate offshore.
3. The
Coastal Waters (State Title) Act 1980 vests in each State certain property
rights in the seabed beneath the coastal waters of the State.
4. The
Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the
Petroleum (Submerged Lands) Act 1982 of this State make provision, based on
the agreement referred to in subsection (1), for the licensing regime that
applies to the exploration for and recovery of petroleum in coastal waters and
offshore areas of this State.