Str, 1jI I A
FOR MEDIA SUNDAY, 20 DECEMBER 1981
STATE AND NORTHERN TERRITORY OFFSHORE POWERS TO BE PROCLAIMED
The Coastal Waters ( State Powers) Act 1980, the Coastal Waters
( Northern Territory Powers) Act 1980 and the -Seas and Submerged
Lands Amendment Act 1.980 are to be proclaimed to come into
operation on 1 January 1982.
This step follows the introduction by all the States and the
Northern Territory of complementary legislation to implement
the Offshore Constitutional Settlement agreed at the Premiers
Conference in June 1979.
The Offshore Settlement followed on the High Court's decision
in the Seas and Submerged Lands Case in 1.915, which upheld
the sovereign rights and the sovereignty of the Commonwealth,
not only over the'continental shelf, but also over the
territorial sea.
As I noted when introducing the Bill into the Commonwealth
Parliament in April 1980, the State Powers Act is the
cornerstone of the Offshore Settlement. It provides for the
extension of State legislative powers in the territorial sea.
The Northern Territory is being treated as a State for
these purposes. The amendments made by the Seas and Submerged
Lands Amendment Act are consequential on the Powers Acts.
The Acts have been passed by the Commonwealth on the basis
that the territorial sea is an area which has traditionally been
a State responsibility and is best left for local jurisdiction
except on matters of over-riding national or international
importance.
For instance, the Great Barrier Reef Marine Park Act will
continue to apply throughout the Great Barrier Reef Region
and traditional Commonwealth legislation such as Customs
legislation will, of course, still remain in force in the
territorial sea.
The complementary State legislation is to give effect to the
new fisheries and petroleum arrangements that are to apply
in the offshore area, both within and beyond the territorial
sea. These arrangements include the establishment by
Commonwealth legislation of joint Commonwealth/ State
authorities for some purposes. / 2
2-
Commonwealth fisheries and petroleum legislation has already
been passed. All States and the Northern Territory have
introduced complementary legislation.
When the Powers Acts come into operation on 1 January 1982,
State and Northern Territory Parliaments can proceed to complete
the passage of their fisheries and petroletun legislation.
The Commonwealth Government hopes that the final step in
implementing the basic elements of the Offshore Settlement
would follow shortly after.. ards. This will involve proclaiming
the Coastal Waters ( State Title) Act 1.980 and the Coastal
Waters ( Northern Territory Title) Act 1980 and the commencement--
of the new fisheries and petroleum arrangements. The Tit]. e
Acts will give the States and the Nori-Jhern Territory title to
the seabed in the territorial sea in accordance with the terms
laid down in the Acts.
The Commonwealth has also passed other legislation as part of the
offshore package, including legislation for offshore minerals
other than petroleum and for the protection of the sea from ship
sourced pollution and dumping. The States and Northern Territory
have complementary legislation in trai. n. It i s hoped that
this legislation will be in place also at an early date.