Coastal and Other Waters (Application of State Laws) Act 1982
3Application of laws of Tasmania to coastal waters and the adjacent area
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3 Application of laws of Tasmania to coastal waters and the adjacent area
(1) Subject to this section –
(a) the provisions of the laws of Tasmania –
(i) have effect in and in relation to the coastal waters of Tasmania; and
(ii) apply to and in relation to any act done or omitted to be done at any place within those waters; and
(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.
(2) Where any written law of Tasmania is in force with respect to –
(a) subterranean mining from land within the limits of Tasmania or mining which includes subterranean mining from land within those limits; or
(b) ports, harbours, or other shipping facilities (including installations, and dredging and other works, relating thereto) or other coastal works –
then, without prejudice to the operation of subsection (1) with respect thereto and unless the contrary intention appears therein, that law has effect and applies –
(c) with respect to –
(i) subterranean mining carried out or proposed to be carried out; or
(ii) facilities and works referred to in paragraph (b) that are located or carried out or proposed to be located or carried out –
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
(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.
(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.