{"id":"off-shore-waters-application-of-laws-act-1976","name":"Off-shore Waters (Application of Laws) Act 1976","slug":"off-shore-waters-application-of-laws-act-1976","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106174,"registerId":"sa-off-shore-waters-application-of-laws-act-1976-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Off-shore Waters (Application of Laws) Act 1976","content":"South Australia\nOff-shore Waters (Application of Laws) Act 1976\nAn Act to apply the civil and criminal law of the State to certain off-shore waters in the vicinity of the State, and for other purposes.\n\nContents\n1\tShort title\n2\tDefinitions\n3\tApplication of law of State to off-shore waters\n4\tApplication of law of State to persons connected with the State etc in off‑shore waters\n5\tAverment\n6\tJurisdiction\nSchedule—Off-shore waters\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Off-shore Waters (Application of Laws) Act 1976.\n2—Definitions\nIn this Act, unless the contrary intention appears—\ncoastal waters of South Australia has the same meaning as coastal waters of the State has in relation to South Australia under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;\nlaw of the State means any law or rule of law of the State whether present or future, civil or criminal or written or unwritten;\noff-shore waters means the waters specified in the Schedule to this Act as being off-shore waters;\nperson connected with the State means a person who—\n\t(a)\tis domiciled in the State; or\n\t(b)\tis permanently or temporarily resident in the State; or\n\t(c)\tbeing a body corporate, carries on business in the State or is registered, incorporated or established under a law of the State; or\n\t(d)\tis on or is operating from a ship, boat or vessel of any kind licensed or registered or required to be licensed or registered under a law of the State; or\n\t(e)\tis on or operating from a rig or other structure or installation of any kind, the operation or functioning of which is regulated by a law of the State; or\n\t(f)\tis, or is a person of a class or kind, declared by proclamation to be a person connected with the State for the purposes of this Act.\n3—Application of law of State to off-shore waters\n\t(1)\tSubject to subsection (2) of this section and to Part 2 of the Petroleum (Submerged Lands) Act 1982, and to regulations made under that Act, every law of the State that is not expressly or by necessary implication limited in application to acts or omissions occurring or matters, things or circumstances existing or arising within the State, applies in, over and under off-shore waters.\n\t(2)\tThis section does not operate to apply criminal laws within the meaning of the Crimes (Offences at Sea) Act  1980 to any act, omission, circumstance or state of affairs to which those laws apply by virtue of that Act.\n4—Application of law of State to persons connected with the State etc in off‑shore waters\n\t(1)\tSubject to subsection (2) of this section and to Part 2 of the Petroleum (Submerged Lands) Act 1982, and to regulations made under that Act, every law of the State that is not expressly or by necessary implication limited in application to acts or omissions occurring or matters, things or circumstances existing or arising within the State applies in, over or under off-shore waters to and in relation to—\n\t(a)\ta person connected with the State; or\n\t(b)\ta person who does any act or makes any omission affecting the person or property of a person connected with the State.\n\t(2)\tThis section does not operate to apply criminal laws within the meaning of the Crimes (Offences at Sea) Act 1980 to any act, omission, circumstance or state of affairs to which those laws apply by virtue of that Act.\n5—Averment\nFor the purposes of proceedings for an offence against a law of the State an averment in an information or complaint that—\n\t(a)\ta person was, at a specified time or in respect of a specified period, a person connected with the State; or\n\t(b)\tspecified waters are off-shore waters,\nshall, in the absence of proof to the contrary, be deemed to have been proved.\n6—Jurisdiction\nWhere by virtue of this Act a civil or criminal cause or matter arises, every court or other body exercising judicial powers shall have the same jurisdiction to try or otherwise deal with that cause or matter as it would have had if that cause or matter had arisen within the boundaries of the State.\nSchedule—Off-shore waters\nThose waters between the southward prolongation of the Western Australian and Victorian boundaries of the State—\n\t(a)\tthat lie within the outer limits of the coastal waters of South Australia; and\n\t(b)\tthat lie within nine nautical miles seaward of the seaward boundary of the waters referred to in paragraph (a) hereof; and\n\t(c)\tthat lie within eighty-eight nautical miles seaward of the seaward boundary of the waters referred to in paragraph (b) hereof.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1976\n28\nOff-shore Waters (Application of Laws) Act 1976\n24.6.1976\n24.6.1976\n1980\n4\nOff-shore Waters (Application of Laws) Act Amendment Act 1980\n3.4.1980\n8.5.1980 (Gazette 8.5.1980 p1263)\n1982\n19\nPetroleum (Submerged Lands) Act 1982\n11.3.1982\n14.2.1983 (Gazette 17.3.1983 p655)\n2004\n50\nPetroleum (Submerged Lands) (Miscellaneous) Amendment Act 2004\n16.12.2004\nSch 1 (cll 2 & 3)—1.1.2005 (Gazette 16.12.2004 p4592) \nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\n\n\ncoastal waters of South Australia\ninserted by 19/1982 s 2(1) (Sch 1 cl 2(1)(a))\n14.2.1983\nnautical mile\ndeleted by 19/1982 s 2(1) (Sch 1 cl 2(1)(b))\n14.2.1983\ns 3\n\n\ns 3(1)\ns 3 amended and redesignated as s 3(1) by 4/1980 s 3\n8.5.1980\n\namended by 19/1982 s 2(1) (Sch 1 cl 2(1)(c))\n14.2.1983\n\namended by 50/2004 Sch 1 cl 2\n1.1.2005\ns 3(2)\ninserted by 4/1980 s 3(b)\n8.5.1980\ns 4\n\n\ns 4(1)\ns 4 amended and redesignated as s 4(1) by 4/1980 s 4\n8.5.1980\n\namended by 19/1982 s 2(1) (Sch 1 cl 2(1)(d))\n14.2.1983\n\namended by 50/2004 Sch 1 cl 3\n1.1.2005\ns 4(2)\ninserted by 4/1980 s 4(b)\n8.5.1980\nSch\namended by 19/1982 s 2(1) (Sch 1 cl 2(1)(e))\n14.2.1983\nHistorical versions\nReprint No 1—1.10.1991\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has been amended since enactment to align and coexist with Commonwealth offshore jurisdictional regimes, which changed its practical scope. Amendments and later statutes (notably the Petroleum (Submerged Lands) Act 1982 and the 1980 and 2004 variations noted in the history) introduced explicit qualifications and cross‑references (see ss 3(1), 3(2), 4(1), 4(2)) so that State law applies offshore subject to Commonwealth coverage for offences at sea and petroleum/submerged lands regulation. The Schedule and amendments also clarify the geographic bands to which the Act applies. In short, the instrument moved from a more straightforward territorial extension to a more complex, harmonised, and partly constrained offshore application that must be read alongside federal statutes."},"complexity_factors":["Short Act but several cross-references to Commonwealth statutes (Petroleum (Submerged Lands) Act 1982; Crimes (Offences at Sea) Act 1980; Coastal Waters (State Powers) Act 1980)","Multiple defined terms in s 2 (coastal waters of South Australia; law of the State; off-shore waters; person connected with the State) with multi-part definition for 'person connected with the State'","Layered geographic definition in the Schedule (nested seaward bands: coastal waters outer limit, +9 nautical miles, +88 nautical miles) requiring external mapping to apply","Two carve-outs/exceptions for federal coverage (ss 3(2) and 4(2)) and additional subject-to language referencing Part 2 and regulations of the Petroleum (Submerged Lands) Act (ss 3(1), 4(1))","Averment rule (s 5) shifting evidential burdens in prosecutions or proceedings","Jurisdictional clause (s 6) that imports full State judicial competence into offshore contexts—practically requires coordination with court procedures and service rules","Amendment history (1980, 1982, 2004) indicating evolution and interaction with federal frameworks"],"plain_english_summary":"**What this law does (mechanics)\n\n- The Act makes most South Australian laws apply beyond the State's land borders and into specified off‑shore waters (see s 3). That means civil and criminal rules of South Australia can operate in those waters and under their surface unless a law explicitly limits itself to matters occurring on the State's land or the law is displaced by a federal law referred to in the Act.  \n\n- The Act also applies State laws to people and entities who have a connection to South Australia when they are in those off‑shore waters, and to people who act in ways that affect such connected persons (see s 4).  \n\n- The Act defines who counts as a \"person connected with the State\" (s 2): for example, someone domiciled or resident in South Australia, a company carrying on business in South Australia or incorporated under a South Australian law, people on vessels licensed or registered under a South Australian law, and persons on or operating structures (like rigs) regulated by South Australian law. The Governor may also add categories by proclamation (s 2(f)).  \n\n- The geographic reach is set out in the Schedule. It identifies bands of water measured seaward from the State's coastal waters limits (a layered description that reaches beyond the coast—see the Schedule).  \n\n- Two important limits are built in: the Act defers to the Commonwealth's Crimes (Offences at Sea) Act 1980 for offences that that federal Act covers (ss 3(2) and 4(2)), and it is subject to Part 2 and regulations under the Commonwealth Petroleum (Submerged Lands) Act 1982 (ss 3(1) and 4(1)).  \n\n- For prosecutions, an allegation that someone was \"connected with the State\" or that particular waters are \"off‑shore waters\" counts as proved unless the defendant proves otherwise (s 5).  \n\n- If a cause of action (civil or criminal) arises by virtue of this Act, South Australian courts and other judicial bodies have the same jurisdiction to deal with it as they would if the matter had arisen within the State (s 6).\n\nWho it affects\n\n- Individuals domiciled or resident in South Australia and companies incorporated or carrying on business in South Australia — when they operate in the specified off‑shore waters (s 2 and s 4).  \n- Operators and crew of vessels licensed or registered under South Australian law, and operators of rigs or installations regulated by South Australian law (s 2).  \n- People whose acts affect the person or property of someone connected with South Australia while in those waters (s 4(1)(b)).  \n- South Australian courts and prosecuting authorities, who gain jurisdiction to enforce State law in those waters (s 6).\n\nWhy it matters (official purpose and practical effects)\n\n- The instrument is designed to extend the reach of State law offshore so that South Australian civil and criminal rules can be used to regulate and resolve disputes involving people or property with a South Australian connection who are operating in nearby offshore waters (see ss 3 and 4). That gives the State legal tools to protect its residents, businesses and regulated activities beyond the territorial shore.  \n\n- Practical consequences and trade‑offs:  \n  - Compliance and enforcement: businesses and persons with a South Australian connection operating in the specified waters may need to comply with additional State laws and face prosecution or civil claims in South Australian courts (ss 3–6).  \n  - Overlap with Commonwealth law: the Act explicitly yields to certain Commonwealth statutes (Crimes (Offences at Sea) Act 1980 and the Petroleum (Submerged Lands) Act 1982, ss 3(2), 4(2), and ss 3(1)/4(1)), so operators must navigate both State and federal regimes; that can create regulatory complexity and uncertainty.  \n  - Legal burden allocation: the averment rule (s 5) shifts an initial evidential burden onto defendants to disprove a connection to South Australia or that particular waters fall within the Schedule. That simplifies prosecution or civil pleading but increases the evidential task for defendants.  \n  - Behavioural incentives: some actors may respond by changing the place of registration, licencing, or corporate domicile, or by structuring operations to avoid being \"connected with the State,\" because that status draws State regulation into play (s 2).  \n  - Administrative and mapping tasks: implementing the Act requires clear identification of the Schedule waters and consistent coordination with Commonwealth mapping and regulations under the Petroleum (Submerged Lands) Act (Schedule; ss 3(1), 4(1)).  \n\nWho pays and who decides\n\n- Who pays: persons and businesses who meet the Act's \"connected with the State\" criteria and who operate in the Schedule waters will bear compliance costs (legal, administrative and possibly operational), and may face fines or civil liability enforced by South Australian authorities (ss 2, 3, 4, 6).  \n- Who decides: South Australian courts and judicial bodies decide disputes and apply the State's laws in these waters (s 6). The Governor (or the executive) can extend the class of \"connected\" persons by proclamation (s 2(f)). The Commonwealth retains primacy where federal statutes apply (ss 3(2), 4(2), and references to the Petroleum (Submerged Lands) Act).\n\nImplementation risks, opportunity costs and likely frictions\n\n- Coordination risk with Commonwealth law: because the Act defers to specific federal laws but otherwise applies State law widely offshore, there is potential for overlap, duplicated regulation, or gaps unless State and Commonwealth rules are carefully harmonised (ss 3(1), 3(2), 4(1), 4(2)).  \n- Increased compliance and litigation costs for offshore operations with a South Australian nexus (ss 2–6).  \n- Potential incentive to reorganise corporate or vessel registration arrangements to change legal exposure (s 2).  \n- Enforcement practicality depends on the State's capacity to investigate and prosecute matters occurring offshore and to prove the factual elements the averment rule treats as prima facie established (ss 5–6).  \n\nRelevant provisions: definitions (s 2), application rules (ss 3–4), evidentiary averment (s 5), jurisdiction (s 6), and geographic Schedule.\n\n(For the exact mechanics see the cited sections and the Schedule.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope. The 1980 and 1982 amendments refined definitions and added the Petroleum Act carve-out, while the 2004 amendment made minor technical adjustments. The core purpose — extending SA law to defined offshore waters with personal and subject-matter limitations — remains consistent with the 1976 original intent."},"complexity_factors":["Multiple nested geographic zones in the Schedule (coastal waters → +9nm → +88nm) requiring careful measurement","Extensive cross-referencing to Commonwealth legislation (Coastal Waters (State Powers) Act 1980, Crimes (Offences at Sea) Act 1980, Petroleum (Submerged Lands) Act 1982)","Dual application mechanisms (Section 3 for general law, Section 4 for persons connected with the State) with similar but distinct wording","Six-part definition of \"person connected with the State\" including discretionary proclamation power (s 2)","Conditional application language: \"not expressly or by necessary implication limited in application to acts or omissions occurring or matters, things or circumstances existing or arising within the State\"","Multiple subject-to clauses creating a hierarchy of laws (subsection (2) of each section, plus Petroleum Act override)","Evidentiary presumption/reverse onus in section 5 (averment provision)","Interaction with constitutional offshore jurisdiction limits not explicitly addressed in text"],"plain_english_summary":"This South Australian law extends the state's legal reach beyond its land borders into the ocean. Here's what it does:\n\n**The basic idea**\nNormally, state laws only apply on land and in coastal waters close to shore. This Act lets South Australian law stretch further out to sea — up to 97 nautical miles from the coast in some areas — to cover activities in \"off-shore waters.\"\n\n**Who and what it covers**\n\n* **Geographic scope**: The Schedule defines \"off-shore waters\" in three zones extending seaward from the boundary with Western Australia to the boundary with Victoria:\n  * First: waters within South Australia's \"coastal waters\" (roughly 3 nautical miles from shore)\n  * Second: waters up to 9 nautical miles beyond that\n  * Third: waters up to 88 nautical miles beyond *that* second zone (so potentially ~100 nautical miles total)\n\n* **Legal coverage**: Most South Australian laws (civil and criminal) apply in these waters automatically, unless they specifically say they only apply on land.\n\n* **Personal coverage**: Even if you're not in the \"connected\" category, if you harm someone who *is* connected with South Australia in these waters, South Australian law applies to you.\n\n**Important limits**\n\n* **\"Person connected with the State\"** is broadly defined — it includes residents, domiciled persons, companies registered in SA, people on SA-registered vessels, and people on rigs regulated by SA law. The government can also declare other classes of people as \"connected\" by proclamation.\n\n* **Criminal law carve-out**: This Act doesn't apply criminal laws to things already covered by the Commonwealth's *Crimes (Offences at Sea) Act 1980* — avoiding double-up with federal law.\n\n* **Petroleum operations**: The Act bows to the Commonwealth's *Petroleum (Submerged Lands) Act 1982* — Part 2 of that federal law overrides this state law for petroleum activities.\n\n**Practical effects**\n\n* If you're on an oil rig 50 nautical miles off Adelaide, South Australian workplace safety laws might apply to you.\n* If a South Australian-registered fishing boat is assaulted 80 nautical miles offshore, SA criminal law can be used.\n* Courts can hear these cases as if they happened in Adelaide.\n\n**The \"averment\" provision (Section 5)**\nThis is a procedural shortcut: in criminal prosecutions, if the charge sheet simply *states* that someone was \"connected with the State\" or that waters were \"off-shore waters,\" the court treats that as proven unless the defendant provides evidence to the contrary. This shifts some burden of proof to the accused.\n\n**Why it matters**\nThis is part of Australia's complex offshore jurisdiction puzzle. The Commonwealth controls the continental shelf and exclusive economic zone, but states wanted to regulate their \"adjacent\" offshore areas. This Act is South Australia's attempt to assert legal authority in waters beyond the 3-mile limit, subject to federal overrides."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent as the legislative text was not retrievable. No content was available to compare against the Act's original purpose or any subsequent amendments."},"complexity_factors":["Actual legislative text was unavailable — analysis is based on general knowledge of the Act type, not its specific provisions","Offshore jurisdiction laws inherently involve overlapping Commonwealth and state authority, which adds legal complexity","1970s-era legislation may have been amended or partially superseded by later Commonwealth offshore legislation (e.g., the Offshore Constitutional Settlement framework)","Geographic scope definitions (what counts as 'offshore waters') can be technically precise and require cross-referencing with other Acts"],"plain_english_summary":"The Off‑shore Waters (Application of Laws) Act 1976 clarifies how South Australian laws apply in offshore waters and how they interact with Commonwealth law, affecting regulation and enforcement at sea. It matters to commercial fishers, aquaculture and oil‑and‑gas operators, recreational mariners, and maritime law enforcement because it helps determine which laws govern activities and who has authority in the complex state–federal maritime jurisdiction."}},"importantCases":[],"_links":{"self":"/api/acts/off-shore-waters-application-of-laws-act-1976","history":"/api/acts/off-shore-waters-application-of-laws-act-1976/history","analysis":"/api/acts/off-shore-waters-application-of-laws-act-1976/analysis","conflicts":"/api/acts/off-shore-waters-application-of-laws-act-1976/conflicts","importantCases":"/api/acts/off-shore-waters-application-of-laws-act-1976/important-cases","documents":"/api/acts/off-shore-waters-application-of-laws-act-1976/documents"}}