{"id":"offshore-application-of-laws-act-1982","name":"Off-shore (Application of Laws) Act 1982","slug":"off-shore-application-of-laws-act-1982","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105900,"registerId":"wa-offshore-application-of-laws-act-1982-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Off-shore (Application of Laws) Act 1982","content":"![Crest]()Western Australia\n\nOff-shore (Application of Laws) Act 1982\n\nWestern Australia\n\nOff-shore (Application of Laws) Act 1982\n\nContents\n\n1. Short title 1\n\n2. Interpretation 1\n\n3. Application of laws of the State to the coastal waters of the State 2\n\n3A. Application of certain laws of the State to the adjacent area in respect of the State 2\n\n4. Regulations 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nOff‑shore (Application of Laws) Act 1982\n\nAn Act to make provision with respect to the application of the laws of the State in the coastal waters of the State and to repeal the *Off‑shore (Application of Laws) Act 1977* 2.\n\n##### 1. Short title\n\nThis Act may be cited as the *Off‑shore (Application of Laws) Act 1982* 1.\n\n##### 2. Interpretation\n\nIn this Act —\n\n  adjacent area in respect of the State has the same meaning as, in relation to Western Australia, that expression has in the *Coastal Waters (State Powers) Act 1980* of the Commonwealth;\n\n  coastal waters of the State has the same meaning as, in relation to Western Australia, that expression has in the *Coastal Waters (State Powers) Act 1980* of the Commonwealth;\n\ncooperative scheme has the same meaning as that expression has in the *Crimes at Sea Act 2000*;\n\ncriminal laws means the substantive criminal law, and the law of criminal investigation, procedure and evidence, within the meaning of the cooperative scheme;\n\n  law of the State means any present or future law in force in the State, whether written or unwritten and as in force from time to time, and includes any instrument made under such a law, save and except a law of the Commonwealth;\n\n  shipping matters means matters relating to ports, harbours and other shipping facilities, including installations and dredging and other works, relating thereto, and other coastal works;\n\n  subterranean mining means subterranean mining from land within the limits of the State.\n\n[Section 2 amended: No. 37 of 1983 s. 2; No. 11 of 2000 s. 9.]\n\n##### 3. Application of laws of the State to the coastal waters of the State\n\n(1) It is declared that —\n\n(a) the provisions of every law of the State shall be taken to have effect in and in relation to the coastal waters of the State, including the sea‑bed and subsoil beneath and the airspace above the coastal waters of the State, as if those waters were part of Western Australia; and\n\n(b) any reference in a written law of the State to Western Australia or to the State or to the jurisdiction or any other like reference shall be read as including a reference to the coastal waters of the State.\n\n(2) Nothing in subsection (1) shall be taken —\n\n(a) to limit the operation of any written law of the State intended to operate beyond the coastal waters of the State; or\n\n(b) to apply the provisions of the criminal laws of the State to or in relation to the coastal waters of the State or the sea‑bed or subsoil beneath or the airspace above those waters.\n\n[Section 3 amended: No. 11 of 2000 s. 9.]\n\n##### 3A. Application of certain laws of the State to the adjacent area in respect of the State\n\n(1) It is declared that —\n\n(a) the provisions of every law of the State, being a law with respect to subterranean mining or shipping matters, shall be taken to have effect in and in relation to the adjacent area in respect of the State including the sea‑bed and sub­soil beneath and the airspace above that adjacent area as if that adjacent area was part of Western Australia; and\n\n(b) any reference in a written law of the State, being a law with respect to subterranean mining or shipping matters, to Western Australia or to the State or to the jurisdiction or any other like reference shall be read as including a reference to the adjacent area in respect of the State.\n\n(2) Nothing in subsection (1) shall be taken —\n\n(a) to limit the operation of any written law of the State intended to operate beyond the coastal waters of the State; or\n\n(b) to apply the provisions of the criminal laws of the State to or in relation to the adjacent area in respect of the State or the sea‑bed or subsoil beneath or the airspace above that adjacent area.\n\n[Section 3A inserted: No. 37 of 1983 s. 3; amended: No. 11 of 2000 s. 9.]\n\n##### 4. Regulations\n\n(1) The Governor may make regulations providing that such provisions or classes of provisions of the laws in force in the State as are specified in the regulations —\n\n(a) do not have effect by virtue of this Act;\n\n(b) do not have effect by virtue of this Act to acts or omissions or classes of acts or omissions, specified in the regulations; or\n\n(c) do not have effect by virtue of this Act in circumstances specified in the regulations.\n\n(2) Where regulations made under subsection (1) are in force, this Act shall be construed to apply the provisions of the laws in force in the State subject to and in accordance with the regulations.\n\n[**5.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\nNotes\n\n1 This reprint is a compilation as at 16 May 2003 of the *Off‑shore (Application of Laws) Act 1982* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Off‑shore (Application    of Laws) Act 1982* | 21 of 1982 | 27 May 1982 | 27 May 1982 |\n| *Off‑shore (Application of Laws) Amendment Act 1983* | 37 of 1983 | 1 Dec 1983 | 1 Dec 1983 |\n| *Crimes at Sea Act 2000* s. 9 | 11 of 2000 | 19 May 2000 | 31 Mar 2001 (see s. 2 and *Gazette* 30 Mar 2001 p. 1755) |\n| **Reprint 1: The *Off‑shore (Application of Laws) Act 1982* as at 16 May 2003** (includes amendments listed above) | | | |\n\n\n2 The provision in this Act repealing the *Off-shore (Application of Laws) Act 1977* has been omitted under s. 7(4)(f) of the *Reprints Act 1984*.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadjacent area in respect of the State 2\n\ncoastal waters of the State 2\n\ncooperative scheme 2\n\ncriminal laws 2\n\nlaw of the State 2\n\nshipping matters 2\n\nsubterranean mining 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: extending state law application to offshore areas. The 1983 amendment added section 3A for the adjacent area (mining/shipping only), and the 2000 amendment updated criminal law references to align with the Crimes at Sea Act 2000. These were technical extensions to implement constitutional arrangements with the Commonwealth, not mission creep. The core scope — coastal waters plus limited adjacent area jurisdiction — has remained stable."},"complexity_factors":["Only 7 defined terms in the interpretation section, most referencing external Commonwealth legislation","Simple declaratory structure — two main operative sections (3 and 3A) with mirror-image drafting","Limited conditional logic — primarily exclusions in subsections (2) rather than nested conditions","No complex cross-referencing maze — references only to the Commonwealth's Coastal Waters (State Powers) Act 1980 and Crimes at Sea Act 2000","Short length — approximately 4 pages of substantive content","Regulation-making power is straightforward discretionary authority without elaborate procedural requirements","Single clear exception structure (criminal laws excluded) rather than multiple layers of exceptions"],"plain_english_summary":"**What this law does:**\n\nThis Act extends Western Australia's legal reach beyond its land borders into the ocean. It essentially treats certain offshore areas as if they were part of Western Australia itself, so that state laws apply there.\n\n**Who it affects:**\n\n- **People and businesses operating in coastal waters** — anyone fishing, boating, building, or working in the sea up to 3 nautical miles from the coast (the \"coastal waters\")\n- **Mining and shipping industries** — companies doing underground mining that extends under the sea, or operating ports and harbours in the broader \"adjacent area\" (up to 200 nautical miles)\n- **State government agencies** — police, environmental regulators, and other authorities who can now enforce WA laws in these offshore zones\n\n**The two key zones:**\n\n1. **Coastal waters** (up to 3 nautical miles from shore): Almost all WA state laws apply here automatically — environmental laws, workplace safety, planning laws, etc. The seabed, subsoil, and airspace above are included.\n\n2. **Adjacent area** (3 to 200 nautical miles): Only specific laws apply here — those about **subterranean mining** (digging under the seabed from land) and **shipping matters** (ports, harbours, dredging, coastal works).\n\n**Important limits:**\n\n- **Criminal law is excluded** — the Act specifically does NOT apply WA's criminal laws to these offshore areas. Crimes at sea are handled separately (under the Commonwealth's *Crimes at Sea Act 2000* and related cooperative schemes between states).\n- **Commonwealth law still trumps** — if there's a conflict, federal laws override this state extension.\n- **Regulations can carve out exceptions** — the Governor can make regulations to stop certain laws applying, or limit them to specific situations.\n\n**Why it matters:**\n\nWithout this law, there would be a legal vacuum just offshore — state laws would stop at the water's edge, but Commonwealth laws might not cover everything. This ensures WA can regulate activities like offshore development, marine pollution, undersea mining extensions, and port operations in its nearby waters, while respecting the constitutional division of powers with the federal government."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered since enactment. The compilation notes show post‑enactment amendments: section 3A was inserted by the Off‑shore (Application of Laws) Amendment Act 1983 (No. 37 of 1983) to extend the application of State law in the \"adjacent area\" for subterranean mining and shipping matters (see s.3A and compilation table). Later amendments (notably linked to the Crimes at Sea Act 2000) updated definitions and cross‑references in s.2 (compilation table and amendment notes). These changes narrowed the Act’s automatic extra‑territorial reach for the adjacent area to specific subject matters and aligned criminal law treatment with the Commonwealth cooperative scheme (s.3A; s.2)."},"complexity_factors":["Short statute but heavy reliance on cross‑references to Commonwealth Acts for geographic and jurisdictional definitions (s.2 referencing the Coastal Waters (State Powers) Act 1980 and the Crimes at Sea Act 2000).","Different scope applied to two maritime zones: full application of State laws to \"coastal waters\" (s.3) versus limited application to the \"adjacent area\" only for subterranean mining and shipping matters (s.3A), introducing a two‑tiered regime.","Explicit exclusion of State criminal laws from both zones (s.3(2)(b); s.3A(2)(b)) and the link to the cooperative criminal‑jurisdiction scheme, requiring users to read multiple instruments together.","Governor's regulation‑making power to exclude specified provisions, acts/omissions or circumstances (s.4) creates administrative discretion and the need to check subordinate legislation for the Act’s practical effect.","Three‑dimensional reach (surface waters, sea‑bed/subsoil and airspace) complicates application to activities that span boundaries (s.3(1)(a); s.3A(1)(a)).","Defined terms such as 'shipping matters' and 'subterranean mining' are concise but will require interpretive work against existing State laws and possibly case law (s.2).","Amendments recorded in the compilation table (insertion of s.3A in 1983; later amendments in 2000) mean reading the Act requires attention to its amendment history and current reprint."],"plain_english_summary":"What the law does, mechanically\n\n- The Act declares that most Western Australian laws apply outside the dry land of the State and into its coastal maritime area. Section 3 says every State law operates in the \"coastal waters of the State\" — including the surface waters, the sea‑bed and subsoil beneath them, and the airspace above — \"as if those waters were part of Western Australia\" (s.3(1)(a)). Written references to the State in those laws are to be read as including the coastal waters (s.3(1)(b)).\n\n- The Act does not import the State's criminal laws into those areas. Subsection 3(2)(b) says the criminal laws of the State do not apply to the coastal waters, sea‑bed/subsoil or airspace above them. The Act also defines the term \"criminal laws\" with reference to the cooperative scheme in the Crimes at Sea Act 2000 (s.2).\n\n- For the adjacent area (the maritime zone outside coastal waters as defined by the Commonwealth Coastal Waters (State Powers) Act 1980), the Act applies only State laws concerned with subterranean mining and \"shipping matters\". Section 3A declares such laws operate in that adjacent area, again including sea‑bed, subsoil and airspace, and that references to the State in those specific laws include the adjacent area (s.3A(1)(a)–(b)). Subsection 3A(2)(b) likewise says State criminal laws do not apply in the adjacent area.\n\n- The Governor can make regulations to limit or exclude the effect of this Act for specified laws, specified acts or omissions, or specified circumstances (s.4). Where such regulations are made, the Act is to be read subject to them (s.4(2)).\n\nWhy the measure exists (officially stated) and how that claim maps to mechanics\n\n- The Act’s long title and opening text state its purpose is to make provision for the application of State laws in the coastal waters and to repeal an earlier 1977 Act. That stated purpose is implemented by the rules in s.3 (for coastal waters) and s.3A (for the adjacent area in respect of certain subject matters).\n\nTesting the stated purpose against practical mechanics, costs, incentives and trade‑offs\n\n- Who pays and who bears compliance costs: persons and businesses that operate in the coastal waters (for example, shipping operators, port users, offshore infrastructure operators) must comply with State laws applied there (s.3(1)(a)). For the adjacent area, operators engaged in subterranean mining or activities classed as \"shipping matters\" must comply with the State law regime for those subject matters (s.3A(1)(a)). Compliance costs arise from having to meet State permits, standards, licensing, reporting or other regulatory requirements that apply \"as if\" the area were part of Western Australia (s.3(1)(a); s.3A(1)(a)).\n\n- Who decides and where discretion sits: the State legislature decides which State laws apply by virtue of the Act (s.3; s.3A). The Governor has delegated discretion to carve out exceptions or limit application by regulation (s.4). That regulatory power lets the Executive specify provisions, classes of acts or circumstances that will not have effect under the Act (s.4(1)(a)–(c)).\n\n- Criminal law and enforcement: the Act explicitly keeps State criminal laws out of both the coastal waters and the adjacent area (s.3(2)(b); s.3A(2)(b)). The Act’s definitions link criminal law coverage to the Commonwealth’s cooperative scheme (s.2), meaning criminal jurisdictional arrangements follow the cooperative framework rather than automatic extra‑territorial extension under this Act.\n\n- Intergovernmental and interpretive dependencies: the Act repeatedly relies on definitions in Commonwealth statutes (the Coastal Waters (State Powers) Act 1980 for the geographic terms and the Crimes at Sea Act 2000 for the cooperative scheme and criminal law definitions) (s.2). Those cross‑references mean the practical geographic and jurisdictional reach of State laws under this Act depends on how the Commonwealth statutes define \"coastal waters\" and \"adjacent area\" and how the cooperative scheme allocates criminal jurisdiction.\n\n- Trade‑offs, opportunity costs and implementation risks: the Act extends State regulatory reach to three‑dimensional maritime zones (surface, sea‑bed/subsoil and airspace) for civil/regulatory matters (s.3(1)(a); s.3A(1)(a)). That can reduce legal uncertainty for regulators wanting to apply State safety, environmental or resource rules in those zones, but it also places the compliance burden on maritime and offshore operators. The Governor’s power to make exclusions (s.4) is a tool to manage practical conflicts or burdens, but it introduces administrative discretion and the need for subordinate rule‑making.\n\n- Effects on private choice and markets (mechanical, not evaluative): where a business’s activity falls within State law coverage under s.3 or s.3A, the business must obey applicable State regulatory requirements (licences, approvals, operational constraints). The Act does not itself set fees, licensing regimes or substantive standards; it makes State laws reach those areas so existing or future State regulatory instruments will apply there (s.3(1)(a); s.3A(1)(a)).\n\n- Concentrated vs diffuse impacts and potential for targeted effects: the immediate regulatory effect is concentrated on operators active in coastal waters or in the adjacent area on subterranean mining and shipping matters (s.3; s.3A). Any costs of compliance are likewise concentrated on those operators; the law does not by its text create specific subsidies or grants.\n\nImplementation and compliance signals\n\n- To understand criminal enforcement and prosecutorial reach, consult the cooperative scheme definition and the Crimes at Sea Act 2000 referenced in the Act (s.2; s.3(2)(b); s.3A(2)(b)).\n\n- To know whether particular State provisions have been excluded from effect by regulation, consult regulations made under s.4.\n\nKey source citations: s.2 (definitions and cross‑references), s.3 (application to coastal waters; criminal law exclusion), s.3A (application to adjacent area for subterranean mining and shipping matters; criminal law exclusion), s.4 (Governor’s regulation power)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The submitted content contains no legislative text — only a broken webpage notification. No comparison between original intent and current scope can be made."},"complexity_factors":["No legislative text was provided — only a website error/redirect notice was submitted for analysis","Cannot assess actual complexity of the Act without access to its provisions","Offshore application-of-laws legislation is typically complex in practice, but this cannot be confirmed from the supplied content"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe text provided does not contain the actual legislation. Instead, it shows an **error page** from the Western Australian legislation website, indicating that the page for the *Off-shore (Application of Laws) Act 1982* (WA) is no longer available at its original web address due to system upgrades.\n\n**What we do know from the title alone:**\nThis Act likely deals with how Western Australian laws apply in **offshore areas** — for example, in waters beyond the coastline but potentially within Australia's jurisdiction. Such laws typically affect industries like **oil and gas extraction, fishing, or maritime operations** conducted in offshore zones.\n\n**To find the actual Act**, the Western Australian Parliamentary Counsel's Office recommends navigating via the main menu at the WA legislation website (legislation.wa.gov.au) or contacting their helpdesk directly.\n\n> ⚠️ *No meaningful legal analysis can be provided because the legislative text itself was not included — only a broken link notification was supplied.*"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/off-shore-application-of-laws-act-1982","history":"/api/acts/off-shore-application-of-laws-act-1982/history","analysis":"/api/acts/off-shore-application-of-laws-act-1982/analysis","conflicts":"/api/acts/off-shore-application-of-laws-act-1982/conflicts","importantCases":"/api/acts/off-shore-application-of-laws-act-1982/important-cases","documents":"/api/acts/off-shore-application-of-laws-act-1982/documents"}}