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EMBARGO: 4: 00 pm
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PRIME MINISTER CAHCi
FOR MEDIA SUNDAY, 27 APRIL, 1
ELECTORATE TALK
Since the end of World War II, the International Law of the
Sea has seen great developments. The developments continue.
The Third United Nations Conference on the Law of the Sea
has just completed its ninth session. A further session
is scheduled later this year.
It is important that Australia effectively participate in
these developments, nationally as well as internationally.
Technological advances have given access to great areas of
the seas and the seabed beneath. The demand for sea and
seabed resources for oil, and the protein that fish
provides has increased sharply.
The protection of the marine environment has been seen to be
increasingly important.
In 1953 Australia declared its sovereign rights over its
continental shelf, the undersea extension of its land mass
stretching out to the deep ocean floor.
In November last year, the Australian Government decided in the
context of emerging internationa. law, to declare a 200 nautical
mile fishing zone around our coast. All fishing activities
in these waters must now be licenced by Australia law.
However, the national debate on how to administer the offshore
area both the three mile territorial sea and beyond that
area has been drawn out and at times stormy. Arrangements
with the States enabled our offshore oil industry to get under
way. A basic issue remained. Whether the Commonwealth had,
and should exercise, powers of complete control of the offshore
area, right into low water. mark, even to the point of every
wharf and jetty that juts into the sea ' round Australia.
In 1973, the Labor Government had legislation passed declaring
not only'the . sovereign rights of the Commonwealth over the
continental shelf, but also Commonwealth sovereignty over the
territorial sea, where State Governments had long exercised
rights and responsibilities.
In 1975, the High Court upheld this Act against
constitutional challenge.
T he question which faced my Government was how to establish
workable arrangements that would ensure effective and harmonious
administration of the offshore area, and a fair sharing of
the nation's offshore resources.
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When the Labor Government introduced the 1973 legislation
its intention was to deny revenue from these resources
to the States.
The Commonwealth could have ended up owning every-jetty and
quay in the country as part of a grab for these offshore
resources. Instead, my Government chose to explore with the States and with
the Northern Territory the question of conferring on them a
proper role and appropriate rights over the offshore resources.
This issue was raised in discussions with the Premiers some
three years ago.
Federal/ State consultative bodies-were used fully: the
Australian Minerals and Energy Council, the Australian Fisherie s
Council, the Marine and Ports Council of Australia, the
Australian Environment Council and the Council of Nature
Conservation Ministers. The Standing Committee of
Attorneys-General drew up legal ways and means of implementing
the proposed arrangements.
Four days ago I was most pleased to introduce into the Parliament
the Coastal Waters ( State Powers) Bill as the first item in
a legislative package to which all State Governments have
agreed. This legislation embodies a practical solution to an issue that
has bedevilled State/ Federal relationships for more than a
decade. The package which is now going through the Parliament
is the result of frankness, goodwill and great effort by
Commonwealth and State Ministers and officials ' over a long
period. * It is in accordance with the Government policy
of co-operative Federalism.
When this legislation is in force, joint Commonwealth-State'
authorities will be established for offshore petroleum mining
on the continental shelf and for fishing to , the outer edge of
the 200 mile fishing zone.
We have given the States a role where constitutionally they
could have been completely excluded.
General responsibility for the territorial si a will revert to
the States, but mining royalties are to be shared, both outside
and inside the territorial sea. The Commonwealth will have
increased control over offshore oil fields outside the
territorial sea.
The Commonwealth will remain fully able to discharge its
international and national responsibilities over all the offshore
area. Its subsisting sovereignty will continue to exist.
The Great Barrier Reef Marine Park Act 1957 will continue to be
applicable to the whole reef region.
I, would like to register my regret at the attitude taken in the*
Parliament by the Opposition Spokesman for Minerals and Energy,
mr. Paul Keating, who has attacked both the legislation and the
State Governments which have agreed to it and which support it.
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Although two of these Governments, in his own State of
New South Wales and in Tasmania are ALP Governments,
Mr. Keating declared " shame on them" while I was
introducing the Coastal Waters legislation.
It was a " great sell out" he said. Subsequently he
accused these two Labor States of breaking ALP policy,
saying that this reflected no credit on them.
I can only re-state that the Commonwealth will continue to
follow its policy of restraint and responsibility in its
negotiations with the States.
There is no substitute for consultation, co-operation,
discussion and negotiation. Nor should there be.
The Federal system has served Australia well for 80 years
providing the nation with local government for local issues,
State Government for State issues, and national government
to deal with national issues and international issues.
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