{"id":"tas:act-1982-012","name":"Coastal and Other Waters (Application of State Laws) Act 1982","slug":"coastal-and-other-waters-application-of-state-laws-act-1982","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"12 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109967,"registerId":"tas-act-1982-012-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Coastal and Other Waters (Application of State Laws) Act 1982](/view/html/inforce/2026-04-12/act-1982-012) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> > (1)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires –\n> > \n> > > ***adjacent area of Tasmania*** means the adjacent area of Tasmania ascertained in accordance with [section 5A of the](/view/html/inforce/2026-04-12/act-9999-999#GS5A@EN) [Petroleum (Submerged Lands) Act 1967](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth;\n> > \n> > > ***coastal waters*** means, in relation to Tasmania –\n> > > \n> > > > > (a) the part or parts of the territorial sea of Australia that is or are within the adjacent area in respect of Tasmania other than any part referred to in [section 4 (2) of the](/view/html/inforce/2026-04-12/act-9999-999#GS4@Gs2@EN) [Coastal Waters (State Powers) Act 1980](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth; and\n> > > > \n> > > > > (b) any sea that is on the landward side of any part of the territorial sea and is within the adjacent area in respect of Tasmania but is not within the limits of Tasmania;\n> > \n> > > ***law of Tasmania*** means any present or future law in force in Tasmania, whether written or unwritten and as in force from time to time, and includes any instrument made and in force under any such law, but does not include any law of the Commonwealth.\n> \n> > (2)  A reference in this Act to the coastal waters of Tasmania includes a reference to the sea-bed and subsoil beneath, and the airspace above, those waters.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Application of laws of Tasmania to coastal waters and the adjacent area","content":"### 3 Application of laws of Tasmania to coastal waters and the adjacent area\n\n> > (1)  Subject to this section –\n> > \n> > > > (a) the provisions of the laws of Tasmania –\n> > > > \n> > > > > > (i) have effect in and in relation to the coastal waters of Tasmania; and\n> > > > > \n> > > > > > (ii) apply to and in relation to any act done or omitted to be done at any place within those waters; and\n> > > \n> > > > (b) any reference in any written law of Tasmania to \"the State\", \"Tasmania\", or any other similar reference shall be read as including a reference to the coastal waters of Tasmania.\n> \n> > (2)  Where any written law of Tasmania is in force with respect to –\n> > \n> > > > (a) subterranean mining from land within the limits of Tasmania or mining which includes subterranean mining from land within those limits; or\n> > > \n> > > > (b) ports, harbours, or other shipping facilities (including installations, and dredging and other works, relating thereto) or other coastal works –\n> > > \n> > > then, without prejudice to the operation of [subsection (1)](#GS3@Gs1@EN) with respect thereto and unless the contrary intention appears therein, that law has effect and applies –\n> > > \n> > > > (c) with respect to –\n> > > > \n> > > > > > (i) subterranean mining carried out or proposed to be carried out; or\n> > > > > \n> > > > > > (ii) facilities and works referred to in [paragraph (b)](#GS3@Gs2@Hpb@EN) that are located or carried out or proposed to be located or carried out –\n> > > > \n> > > > within the adjacent area of Tasmania but beyond the outer limits of the coastal waters of Tasmania (including the sea-bed and subsoil beneath, and the airspace above, that area); and\n> > > \n> > > > (d) with respect to any activity or operation carried out or proposed to be carried out within the adjacent area of Tasmania but beyond the outer limits of the coastal waters of Tasmania in relation to any facilities or works so referred to that are located or carried out or proposed to be located or carried out within those outer limits.\n> \n> > (3)  Where any written law of Tasmania is in force with respect to sea fisheries or with respect to any activity relating to any such fisheries, that law, unless the contrary intention appears therein, has effect with respect to and applies to fisheries located or partly located either within or beyond the outer limits of those coastal waters or, as the case may be, with respect to any activity relating to those last-mentioned fisheries, to the extent that that law is not inconsistent with any law of the Commonwealth or with any arrangement to which the Commonwealth and this State are parties, being an arrangement authorized by a law of Tasmania.\n> \n> > (4)  [Subsection (1)](#GS3@Gs1@EN) has effect in relation to and applies to a written law of Tasmania subject to –\n> > \n> > > > (a) a contrary intention appearing in that law; and\n> > > \n> > > > (b) the provisions of regulations in force under this Act.\n> \n> > (5)  This section does not operate to apply the provisions of the criminal laws within the meaning of the [Crimes (Offences at Sea) Act 1979](/view/html/inforce/2026-04-12/act-1979-069) in force in Tasmania to or in relation to any act or omission to which the provisions of those laws apply by virtue of [section 6 of that Act](/view/html/inforce/2026-04-12/act-1979-069#GS6@EN) .\n> \n> > (6)  Nothing in this section shall of itself be taken to limit the effect or application of any written law of Tasmania in so far as it purports to have effect beyond the outer limits of the coastal waters of Tasmania, or to apply to or in relation to any act done or omitted to be done beyond those limits.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Jurisdiction of State courts","content":"### 4 Jurisdiction of State courts\n\n> > (1)  Subject to this section, the several courts of Tasmania are, by virtue of this section, invested with jurisdiction in all matters arising under the laws having effect or applying by virtue of [section 3](#GS3@EN) .\n> \n> > (2)  The jurisdiction with which the several courts are invested by [subsection (1)](#GS4@Gs1@EN) is invested within the limits, other than limits having effect by reference to localities, of their several jurisdictions.\n> \n> > (3)  The jurisdiction vested in a court of summary jurisdiction or in any one or more justices by this section shall not be exercised except by a court constituted by a magistrate sitting alone.\n> \n> > (4)  This section does not limit the jurisdiction that a court has apart from this section.\n> \n> > (5)  In this section –\n> > \n> > > ***court of summary jurisdiction*** has the meaning assigned to that expression by the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Regulations","content":"### 5 Regulations\n\n> The Governor may make regulations providing that such provisions, or classes of provisions, of laws of Tasmania as are specified in those regulations –\n> \n> > > (a) do not have effect in and in relation to the coastal waters of Tasmania;\n> > \n> > > (b) do not apply to specified acts or omissions within those waters, or specified classes of acts done or omitted to be done within those waters; or\n> > \n> > > (c) do not have effect in specified circumstances or in specified parts of those waters.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original purpose of extending Tasmanian state law into coastal waters and the adjacent area. The structure — covering general application, specific industries (mining, ports, fisheries), court jurisdiction, and regulatory exceptions — reflects the intended scope of implementing the 1980 Commonwealth-State offshore constitutional settlement. No significant mission creep is evident."},"complexity_factors":["Multiple nested definitions: 'coastal waters' depends on 'adjacent area' which is defined by reference to the *Petroleum (Submerged Lands) Act 1967*","Cross-references to at least 4 other Commonwealth Acts (*Coastal Waters (State Powers) Act 1980*, *Petroleum (Submerged Lands) Act 1967*, *Crimes (Offences at Sea) Act 1979*, *Justices Act 1959*)","Conditional application with multiple carve-outs: 'subject to this section', 'unless the contrary intention appears', 'to the extent not inconsistent with Commonwealth law'","Territorial scope operates in three distinct zones: (1) coastal waters proper, (2) adjacent area beyond coastal waters for specific industries, (3) fisheries extending even further","Dual mechanism for limiting application: express contrary intention in the law itself OR regulations made under this Act","Specific exclusion of criminal law overlap with federal legislation (section 3(5))","Savings clause preserving broader claims of other laws (section 3(6))"],"plain_english_summary":"**What this law does:**\n\nThis Act extends Tasmania's state laws into its **coastal waters** — the sea areas just off Tasmania's coast that are under Australian control but aren't technically \"land\" of Tasmania. It also gives Tasmanian courts power to hear cases about what happens in those waters.\n\n**Key points:**\n\n- **Coastal waters defined:** These include the sea-bed beneath, the water itself, and the airspace above — but specifically exclude areas where the Commonwealth (federal government) has exclusive control under another law.\n\n- **State laws apply:** Most Tasmanian laws now automatically cover acts and omissions (things people do or fail to do) in these coastal waters. References to \"Tasmania\" or \"the State\" in Tasmanian laws are read as including these waters.\n\n- **Extended reach for specific industries:**\n  - **Mining:** Laws about underground mining from Tasmanian land extend to mining activities in the adjacent area beyond coastal waters.\n  - **Ports and harbours:** Laws about shipping facilities, dredging, and coastal works extend to related activities in the broader adjacent area.\n  - **Fisheries:** Fisheries laws apply to fishing activities even beyond coastal waters, provided they don't conflict with Commonwealth law or international agreements.\n\n- **Regulatory safety valve:** The Governor can make regulations to carve out exceptions — stopping certain state laws from applying to specific acts, areas, or circumstances in the coastal waters.\n\n- **Court jurisdiction:** Tasmanian courts can hear disputes about matters arising under these extended laws, though summary matters (less serious cases) must be heard by a magistrate sitting alone.\n\n- **Important limits:**\n  - This Act doesn't apply Tasmania's criminal laws to acts at sea that are already covered by the federal *Crimes (Offences at Sea) Act 1979*.\n  - Nothing in this Act stops other Tasmanian laws that already claim broader reach from continuing to operate.\n\n**Who it affects:** Anyone operating in Tasmanian coastal waters — fishers, miners, port operators, shipping companies, and anyone else whose activities extend from Tasmania into the sea. It matters because without this law, there would be a legal grey zone where neither state nor federal law clearly applied."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act alters the geographic and legal scope of Tasmanian law by extending its application beyond land to coastal waters and the adjacent offshore area (including seabed, subsoil and airspace) and by confirming state court jurisdiction in those matters (s2; s3; s4). That expansion is subject to inconsistency with Commonwealth law or authorised intergovernmental arrangements (s3(3)), and may be narrowed by Governor‑made regulations (s5) or where a Tasmanian law shows a contrary intention (s3(4)(a)). These mechanisms shift compliance costs to offshore operators and allocate decision‑making between state regulators, the executive (regulation‑making), and state courts."},"complexity_factors":["Cross-references to other Commonwealth and State statutes for key geographic definitions (definition of 'adjacent area of Tasmania' and 'coastal waters' relies on Petroleum (Submerged Lands) Act 1967 and Coastal Waters (State Powers) Act 1980) (s2(1)).","Broad territorial reach and subject-matter scope — applies to water, sea‑bed, subsoil and airspace (s2(2); s3(1)).","Specific substantive extensions for mining, ports, harbours and coastal works into the adjacent area beyond coastal limits (s3(2)(a)–(d)), increasing regulatory coverage off‑shore.","Potential inconsistencies with Commonwealth law and intergovernmental arrangements require limitation where inconsistent (creates need for legal reconciliation) (s3(3)).","Interpretive caveat where a \"contrary intention\" in a Tasmanian written law limits application — introduces legal uncertainty and case‑by‑case inquiry (s3(4)(a)).","Exclusion of certain criminal law applications by reference to the Crimes (Offences at Sea) Act creates a carve‑out and cross‑statute interaction (s3(5)).","Jurisdictional rules for state courts and magistrates set limits on enforcement routes and procedural form (s4(1)–(3)).","Executive discretion to exempt provisions, classes of acts, circumstances or parts of waters via regulations centralises administrative decision‑making (s5)."],"plain_english_summary":"This Act extends the operation of Tasmanian law to specified coastal waters and the adjacent offshore area (including seabed, subsoil and airspace), and confirms that Tasmanian courts have jurisdiction over matters arising under those laws. The Governor may make regulations carving out particular state provisions or acts from that extra‑territorial application. It affects people and businesses operating in those waters, Tasmanian regulators and courts, and determines whether state or Commonwealth law governs offshore activities."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained true to its original intent since 1982 — clarifying and extending Tasmanian legal jurisdiction into coastal and offshore waters. The lack of significant amendments since at least 1997 suggests no material scope change has occurred."},"complexity_factors":["Involves the intersection of state and Commonwealth (federal) constitutional powers, which is inherently complex Australian law","Requires understanding of the division of powers between Australian states and the federal government over offshore waters","The Act operates as an extension mechanism — its practical effect depends heavily on understanding the underlying Commonwealth legislation it relies upon (such as the Coastal Waters (State Powers) Act 1980)","Limited legislative text was provided, making it difficult to assess all specific provisions and their interactions","Jurisdictional scope questions (exactly which waters are covered) require reference to external definitions and maps","Despite being short, the constitutional underpinning is sophisticated and not intuitive to non-lawyers"],"plain_english_summary":"This Act confirms that Tasmanian laws apply in the state’s coastal and offshore waters, closing a legal gap about who has jurisdiction at sea. It mainly affects fishers, aquaculture, shipping and maritime workers, and anyone committing offences in those waters. Its purpose is jurisdictional clarity—ensuring Tasmanian rules govern activities offshore in concert with Commonwealth arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/coastal-and-other-waters-application-of-state-laws-act-1982","history":"/api/acts/coastal-and-other-waters-application-of-state-laws-act-1982/history","analysis":"/api/acts/coastal-and-other-waters-application-of-state-laws-act-1982/analysis","conflicts":"/api/acts/coastal-and-other-waters-application-of-state-laws-act-1982/conflicts","importantCases":"/api/acts/coastal-and-other-waters-application-of-state-laws-act-1982/important-cases","documents":"/api/acts/coastal-and-other-waters-application-of-state-laws-act-1982/documents"}}