Schedule 1 AN ACT

Schedule 1

Section 2

AN ACT

To extend the legislative powers of the States in and in relation to coastal waters

Preamble

WHEREAS, in pursuance of paragraph (xxxviii) of section 51 of the Constitution of the Commonwealth, the Parliaments of all the States have requested the Parliament of the Commonwealth to enact an Act in, or substantially in, the terms of this Act:

BE IT THEREFORE ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

1.

Short title

This Act may be cited as the Coastal Waters (State Powers) Act 1979.

2.

Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

3.

Interpretation

(1)

In this Act:

“adjacent area in respect of the State” means, in relation to each State, the area the boundary of which is described under the heading referring to that State in Schedule 2 to the Petroleum (Submerged Lands) Act 1967 as in force immediately before the commencement of this Act;

“coastal waters of the State” means, in relation to each State:

(a) the part or parts of the territorial sea of Australia that is or are within the adjacent area in respect of the State, other than any part referred to in sub-section 4 (2); and

(b) any sea that is on the landward side of any part of the territorial sea of Australia and is within the adjacent area in respect of the State but is not within the limits of the State or of a Territory.

(2)

The Acts Interpretation Act 1901, in the form in which it was in force, as amended, immediately before the day on which this Act received the Royal Assent, applies to the interpretation of this Act.

4.

Extent of territorial sea and coastal waters