{"id":"F2007B00736","name":"Seas and Submerged Lands Act 1973 - Proclamation under section 7 (09/11/1990)","slug":"seas-and-submerged-lands-act-1973-proclamation-under-section-7-09-11-1990","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62603,"registerId":"commonwealth-F2007B00736-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seas and Submerged Lands Act 1973 - Proclamation under section 7 (09/11/1990)","content":"PROCLAMATION\n\n| Commonwealth of Australia | By His Excellency the Governor-General of the Commonwealth of Australia |\n| ------------------------- | ----------------------------------------------------------------------- |\n| Governor-General          |                                                                         |\n\nI, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 7 of the Seas and Submerged Lands Act 1973, hereby declare that on and from 20 November 1990 the outer limit of the territorial sea of Australia, other than the parts of the territorial sea referred to in the Schedule, is 12 international nautical miles measured from the baseline established under international law or as otherwise determined by Proclamation under section 7 of the Seas and Submerged Lands Act 1973 from time to time.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE\n\nEXCEPTED PARTS OF THE TERRITORIAL SEA\n\n1. The territorial sea in respect of an island referred to in Schedule 1, 2, 3, 4, 5, 6 or 7 to the Proclamation under section 7 of the Seas and Submerged Lands Act 1973 dated 4 February 1983 with regard to certain islands comprised within the State of Queensland.\n\n2. The territorial sea in respect of the island referred to in Schedule 8 to that Proclamation to the extent that that Proclamation determines the outer limit of that part of the territorial sea adjacent to that island which lies north of the parallel of Latitude 9°33′00″ South.\n\n![](image.001.png)BILL HAYDEN\n\nGIVEN under my Hand and the Great Seal of Australia\n\non 9 Novernber 1990.\n\nBy His Excellency’s Command,\n\n![](image.002.png)\n\nAttorney-General\n\nGOD SAVE THE QUEEN!","sortOrder":0}],"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Proclamation establishes a nationwide default outer limit of 12 nautical miles for the territorial sea from 20 November 1990, while preserving specific island‑by‑island limits already set by the 1983 Proclamation. Mechanically, it clarifies and extends a uniform rule for most of Australia’s coast but leaves specified exceptions intact and allows future proclamations to modify limits."},"complexity_factors":["Cross-reference to an earlier Proclamation (4 February 1983) in the Schedule creating inter‑instrument dependency","Exception clauses for certain islands (Schedules 1–8 of the 1983 Proclamation) that remove parts of the general rule","Technical measurement rule: outer limit is 12 international nautical miles measured from a baseline 'established under international law' (requires technical baseline determination)","Phrase allowing future variation: 'or as otherwise determined by Proclamation under section 7... from time to time' permits subsequent proclamations to alter limits","Simple legal effect (boundary declaration) but with possible operational and international-law implications for maritime users"],"plain_english_summary":"This Proclamation, made under section 7 of the Seas and Submerged Lands Act 1973, declares that from 20 November 1990 the outer limit of Australia’s territorial sea is 12 international nautical miles measured from the baseline, except for specific island areas listed in the Schedule (which refer to a 1983 Proclamation). It defines who decides the boundary (the Governor‑General acting on Federal Executive Council) and changes how maritime space is measured for people and businesses operating in Australian waters."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation performs exactly the function intended by section 7 of the Seas and Submerged Lands Act 1973: to declare the outer limits of Australia's territorial sea. The exceptions for Queensland islands reflect the practical reality of pre-existing proclamations rather than scope creep."},"complexity_factors":["Single operative provision with straightforward measurement (12 nautical miles)","Only two exceptions, both referencing an existing proclamation rather than creating new substantive rules","No defined terms section — relies on established international law concepts ('baseline', 'territorial sea')","No cross-references to other Acts beyond the empowering provision (section 7 of the parent Act)","Minimal conditional logic (simple 'other than' exclusion for scheduled areas)","Short document (approximately 250 words excluding formalities)"],"plain_english_summary":"The proclamation sets Australia’s territorial sea at 12 nautical miles from the baseline (effective 20 November 1990), bringing Australia into line with UNCLOS and clarifying where Australia exercises full sovereignty over coastal waters. \n\nIt affects vessel operators, maritime industries, and foreign navies. Existing boundaries from a 1983 proclamation around certain Queensland islands remain in force (with one island partly altered), so those areas are excepted."}},"importantCases":[],"_links":{"self":"/api/acts/seas-and-submerged-lands-act-1973-proclamation-under-section-7-09-11-1990","history":"/api/acts/seas-and-submerged-lands-act-1973-proclamation-under-section-7-09-11-1990/history","analysis":"/api/acts/seas-and-submerged-lands-act-1973-proclamation-under-section-7-09-11-1990/analysis","conflicts":"/api/acts/seas-and-submerged-lands-act-1973-proclamation-under-section-7-09-11-1990/conflicts","importantCases":"/api/acts/seas-and-submerged-lands-act-1973-proclamation-under-section-7-09-11-1990/important-cases","documents":"/api/acts/seas-and-submerged-lands-act-1973-proclamation-under-section-7-09-11-1990/documents"}}