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Citation
Citation.
- These Regulations may be cited as the Continental Shelf (Living Natural Resources) Regulations.
//
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations set out the practical rules for licensing, fees, vessel identification, navigation signals and reporting for people and ships authorised to search for or take sedentary organisms on the Australian continental shelf. They divide the shelf into named geographic areas, require medical certificates for divers, prescribe small application and licence fees, monthly returns, marking and signalling rules, penalties for breaches, and procedures for handling lost licences and unclaimed equipment. Licensing authorities grant licences and assign vessel identities; licence-holders pay fees, file returns and must follow the operational rules.
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Direct links to the current provisions in Continental Shelf (Living Natural Resources) Regulations.
Citation.
Commencement.
Interpretation.
“approved form” means a form approved by the appropriate Minister;
“licensing authority” means a person or authority authorized by or under the Act to grant licences under section 13 of the Act;
“the Act” means the Continental Shelf (Living Natural Resources) Act 1968;
“the Navigation (Collision) Regulations” means the Navigation (Collision) Regulations in force from time to time under the Navigation Act 1912-1968.
Application for licence.
4.—(1.) An application for—
(a) the grant of a licence under section 13 of the Act; or
(b) the transfer, under sub-section (7.) of section 13 of the Act, of a licence in respect of a ship,
shall be deemed not to have been duly made to a licensing authority unless it is accompanied by the fee payable in respect of the grant of the licence or the transfer of the licence, as the case may be.
* Notified in the Commonwealth Gazette on 1970
20352/69—Price 20c 10/17.3.1970
(2.) An application for the grant of a licence under paragraph (a) or (b) of sub-section (4.) of section 13 of the Act to or in respect of a diver or trial diver shall be deemed not to have been duly made to a licensing authority unless the applicant furnishes to the licensing authority a certificate signed, not earlier than thirty days before the date of application, by a medical practitioner certifying that the diver or trial diver, as the case may be, is not, in the opinion of the medical practitioner, suffering from a disease, complaint or infirmity likely to render the occupation of diving specially dangerous to the diver or trial diver.
(3.) In the last preceding regulation, “medical practitioner” means a person who is registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
Lost or destroyed licences.
5.—(1.) Where a licence granted under section 13 of the Act (in this regulation referred to as “the original licence”) has been lost or destroyed, the holder of the licence may apply in writing to a licensing authority for the issue to him of a duplicate licence.
(2.) If the licensing authority is satisfied that—
(a) the original licence has been lost or destroyed; and
(b) improper use has not been, or is not being, made of the original licence by, or with the consent of, the applicant,
he may, upon payment of the prescribed fee, issue a duplicate licence to the applicant
(3.) A duplicate licence issued under this regulation has the same effect as the original licence.
(4.) A person shall not, in or in relation to an application under this regulation, make a statement or furnish information that is false or misleading in any particular.
Defaced licences.
6.—(1.) Where a licence granted under section 13 of the Act (in this regulation referred to as “the original licence”) has been defaced, a licensing authority may—
(a) upon application in writing accompanied by the original licence; and
(b) upon payment of the prescribed fee,
issue a duplicate licence to the holder of the original licence.
(2.) A duplicate licence issued under this regulation has the same effect as the original licence.
Short methods of reference to areas of continental shelf (First Schedule).
7.—(I.) Such areas of the Australian Continental Shelf or of the Continental Shelf of a Territory as are described in full in the second column of the First Schedule to these Regulations may be referred to by the short descriptions respectively specified in the first column of that Schedule.
(2.) The short descriptions referred to in the last preceding sub-regulation may be used, for the purpose of referring to the respective areas described in the second column of the First Schedule to these Regulations, in—
(a) a notice under section 11 or 12 of the Act;
(b) a licence under section 13 of the Act;
(c) a permit under section 23 of the Act; and
(d) an application for such a licence or permit.
Signals and rules of navigation.
8.—(1.) This regulation applies to a ship (other than an exempt boat), that is being used by a person, in an area of the Australian continental shelf, or an area of the continental shelf of a Territory, that is a controlled area in relation to sedentary organisms of any kind, in searching for or taking sedentary organisms of that kind as authorized by a licence granted to him, or to a person on whose behalf he is acting, under sub-section (2.) of section 13 of the Act.
(2.) The signals and rules of navigation prescribed by the Navigation (Collision) Regulations and by this regulation shall be observed by a person in charge of a ship to which this regulation applies.
(3.) The person in charge of a ship to which this regulation applies and not under command shall keep at hand a red pennant which he shall, on the approach of another ship, cause to be displayed in a prominent position on his ship.
(4.) The person in charge of a ship under way shall give a wide berth to a ship displaying the red pennant in the manner referred to in the last preceding sub-regulation.
(5.) Nothing in the last two preceding sub-regulations shall be taken to confer on a person a right to cause or permit a ship to which this regulation applies to obstruct a fairway used by ships other than ships to which this regulation applies.
(6.) A person in charge of a ship to which this regulation applies shall not—
(a) contravene or fail to comply with a rule of navigation prescribed by the Navigation (Collision) Regulations or by this regulation;
(b) fail to exhibit, display or use a light or signal required by the Navigation (Collision) Regulations or by this regulation to be exhibited, displayed or used; or
(c) exhibit, display or use a light or signal other than that prescribed by the Navigation (Collision) Regulations or by this regulation.
(7.) The imposition of a penalty under this regulation does not relieve a person from civil liability for any damage occasioned by his failure to observe a signal or rule of navigation required by this regulation to be observed.
Methods of marking a ship in respect of which a licence is in force.
9.—(1.) Where a licensing authority grants a licence authorizing the use of a ship in searching for and taking sedentary organisms, he shall assign to the ship a distinguishing letter and number.
(2.) Where—
(a) a ship, in respect of which a licence under sub-section (2.) of section 13 of the Act is in force—
(i) is being, or has been, since the grant of the licence, used in searching for and taking sedentary organisms; and
(ii) does not bear the distinguishing letter and number, assigned to it under the last preceding sub-regulation, conspicuously and legibly painted on each bow, above the water line and in dark letters and figures on a light ground, or in light letters and figures on a dark ground, each letter and figure being not less than twelve inches in depth;
(b) a ship in respect of which such a licence has been granted has ceased to be so licensed and the distinguishing letter and number assigned to it under the last preceding sub-regulation has not been completely obliterated or removed; or
(c) a ship that is being used in searching for and taking sedentary organisms in a controlled area has painted or displayed upon its bow a letter or number other than—
(i) the letter and number assigned to it in pursuance of this regulation or under a law of a State or a Territory; or
(ii) a letter or number assigned to it under a law of another country,
the master and the owner of the ship are each guilty of an offence against this regulation punishable, upon conviction, by a fine not exceeding Two hundred dollars.
Certain provisions of regulation 9 not to apply to ships licensed under State or Territory law.
(a) is licensed, under the law of a State or a Territory, to be used in searching for and taking sedentary organisms; and
(b) has painted or displayed on it an identification letter and number in accordance with that law.
Unclaimed equipment for use in searching for, or taking, sedentary organisms found in controlled areas.
11.—(1.) Where an officer—
(a) finds, in a controlled area, equipment for use in searching for, or taking, sedentary organisms; and
(b) does not know the identity of the owner of the equipment, he shall keep the equipment in safe custody for a period of thirty days.
(2.) Where, at the expiration of the period referred to in the last preceding sub-regulation, a person has not claimed, and established that he is the owner of, the equipment, the officer shall cause to be inserted once in one or more newspapers circulating in the locality of the port nearest to which the equipment was found or, if there is not such a newspaper, in such a newspaper as the appropriate Secretary directs, a notice describing the equipment and the approximate locality in which it was found and stating that if the equipment is not claimed, and the ownership of the claimant established, within a period of fourteen days from the date of the publication of the notice, the equipment will be sold by public auction.
(3.) After the expiration of the period specified in the notice, an officer may, if the equipment has not been claimed and the ownership of the claimant established, sell the equipment by public auction.
(4.) An officer may conduct an auction sale under this regulation without holding an auctioneer’s licence under the law of the State in which the auction sale is conducted.
(5.) The proceeds of a sale of equipment under this regulation shall be paid into the Consolidated Revenue Fund.
(6.) For the purposes of a sale of equipment in pursuance of this regulation, the Commonwealth shall be deemed to be the absolute owner of the equipment.
(7.) Equipment submitted for sale at an auction sale held in pursuance of this regulation but not sold may be disposed of in such manner as the appropriate Minister directs.
(8.) An action does not lie against the Commonwealth or a person, including a purchaser of the equipment, by reason of the sale or other disposal of equipment in pursuance of this regulation.
Furnishing of statistics.
12.—(1.) The holder of a licence under sub-section (1.) of section 13 of the Act to search for and take sedentary organisms of a kind specified in this regulation shall—
(a) not later than the seventh day of each month, furnish to a licensing licensing authority at the place where the licence was granted a return, in accordance with an approved form, showing the particulars indicated on the form concerning—
(i) the weight, value and number of pieces of pearl shell, trochus, bêche-de-mer and green snail taken in a controlled area;
(ii) the value of pearls, if any, taken in a controlled area; and
(iii) the average number of persons employed by him both on ships lawfully engaged in searching for and taking, in a controlled area, pearl shell, trochus, bêche-de-mer and green snail and at places on land in Australia or the Territories in connexion with the preparation for disposal of those sedentary organisms,
during the twelve months ended on the last preceding thirty-first day of January; and
(b) not later than the seventh day of each month, furnish to a licensing authority at the place where the licence was granted a return, in accordance with an approved form, showing the particulars indicated on the form concerning the weight of pearl shell, trochus, bêche-de-mer and green snail, respectively, taken, in a controlled area, during the preceding month, by each ship in respect of which he is the holder of a licence under sub-section (2.) of section 13 of the Act.
(2.) A person shall not furnish information under this regulation that is false or misleading in any particular.
Fees (Second Schedule).
13.—(1.) The fees for the several matters that are referred to in the first column of the Second Schedule to these Regulations are the fees respectively specified in the second column of that Schedule.
(2.) For the purposes of the Second Schedule to these Regulations, the overall length, in feet, of a boat is the number of feet, disregarding any part of a foot, in the length of an imaginary straight line following the centre of the main deck of the boat from the fore side of the stem of the boat to the aft side of the stern.
__________
FIRST SCHEDULE Regulation 7.
SHORT METHODS OF REFERENCE TO AREAS OF AUSTRALIAN CONTINENTAL SHELF OR OF CONTINENTAL SHELF OF A TERRITORY
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| New South Wales Division | The area of continental shelf beneath the area of waters bounded by 0 line commencing at a point that is the intersection of the coastline at mean low water by the geodesic between the trigonometrical station known as Point Danger near Point Danger and a point of Latitude 27º 58′ South, Longitude 154° East and running thence north-easterly along that geodesic to the last-mentioned point, thence north-easterly along the geodesic to a point of Latitude 27º 48′ South, Longitude 154º 22′ East, thence easterly along the geodesic to a point of Latitude 27º 30′ 35″ South, Longitude 160° East, |
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| New South Wales Division—continued | thence southerly along the meridian of Longitude 160° East to its intersection by the parallel of Latitude 39° 12′ South, thence south-westerly along the geodesic to a point of Latitude 40° 40′ South, Longitude 158° 53′ East, thence north-westerly along the geodesic to a point of Latitude 37° 35′ South, Longitude 150º 10′ East, thence north-westerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria, thence along the coastline of the State of New South Wales at mean low water to the point of commencement. |
| Victoria Division | The area of continental shelf beneath the area of waters hounded by a line commencing at a point that is the intersection of the coastline at mean low water by the boundary between the States of New South Wales and Victoria and running thence south-easterly along the geodesic to a point of Latitude 37° 35′ South, Longitude 150° 10′ East, thence south-easterly along the geodesic to a point of Latitude 40° 40′ South, Longitude 158° 53′ East, thence south-westerly along the geodesic to a point of Latitude 41° 30′ South, Longitude 158° 13′ East, thence north-westerly along the geodesic to a point of Latitude 39° 12′ South, Longitude 150° East, thence westerly along the parallel of Latitude 39° 12′ South to its intersection by the meridian of Longitude 142° 30′ East, thence south-westerly along the geodesic to a point of Latitude 39° 50′ South, Longitude 142º East, thence south-westerly along the geodesic to a point of Latitude 44º South, Longitude 136° 29′ East, thence north-easterly along the geodesic to a point of Latitude 38° 40′ 48″ South, Longitude 140° 40′ 44″ East, thence north-easterly along the geodesic to a point of Latitude 38° 35′ 30″ South, Longitude 140° 44′ 37″ East, thence north-easterly along the geodesic to a point of Latitude 38° 26′ South, Longitude 140º 53′ East, thence northeasterly along the geodesic to a point of Latitude 38° 15′ South, Longitude 140° 57′ East, thence north-easterly along the geodesic to a point that is the intersection of the parallel of Latitude 38° 10′ South by the meridian passing through the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria, thence northerly along that meridian to its intersection by the coastline at mean low water, thence along the coastline of the State of Victoria at mean low water to the point of commencement. |
| Queensland Division | The area of continental shelf beneath the area of waters bounded by a line commencing at a point that is the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Queensland and running thence north-easterly along the geodesic to a point of Latitude 15° 55′ South, Longitude 138° 30′ East, thence northerly along the meridian of Longitude 138° 30′ East to its intersection by the parallel of Latitude 14° 30′ South, thence easterly along that parallel to its intersection by the meridian of Longitude 139′ 15′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 11° South, thence north-westerly along the geodesic to a point of Latitude 10° 51′ South, Longitude 139° 12′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 10° 11′ 15″ South, Longitude 140°04′ 45″ East, thence north-easterly along the geodesic to a point of Latitude 10º South, Longitude 140° 21′ 15″ East, thence north-easterly along the geodesic to a point of Latitude 9º 52′ 30″ South, Longitude 140° 30′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 9º 38′ South. Longitude 141º East, thence north-easterly along the geodesic to a point of Latitude 9° 30′ South, Longitude 141° 35′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 9° 10′ 45″ South, Longitude 142° 00′ 15″ East, thence easterly along the parallel of Latitude 9° 10′ 45″ South to its intersection by the meridian of Longitude 142° 04′ 45″ East, thence south-easterly along the geodesic to a point of Latitude 9° 11′ 45″ South, Longitude 142° 09′ East, thence north-easterly along the geodesic to a point of Latitude 9° 10′ 30″ South, Longitude 142° 16′ East, thence south-easterly along the geodesic to a point of Latitude 9° 11′ 45″ South, Longitude 142° 18′ 30″ East, thence south-easterly along the geodesic to a point of Latitude 9° 14′ 45″ South, Longitude 142° 21′ 30″ East, thence south-easterly along the geodesic to a point of Latitude 9° 21′ 30″ South, |
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| Queensland Division—continued | Longitude 142° 33′ 15″ East, thence north-easterly along the geodesic to a point or Latitude 9° 08′ 15″ South, Longitude 143° 52′ 15″ East, thence south-easterly alone the geodesic to a point of Latitude 9° 24′ 30″ South, Longitude 144° 13′ 45″ East, thence north-easterly along the geodesic to a point of Latitude 9° South, Longitude 144° 45′ East, thence easterly along the parallel of Latitude 9° South to its intersection by the meridian of Longitude 145° 13′ East, thence south-easterly along the geodesic to a point of Latitude 9° 15′ South, Longitude 145° 20′ East, thence southeasterly along the geodesic to a point of Latitude 10° 45′ South, Longitude 145º 40′ East, thence south-easterly along the geodesic to a point of Latitude 12° 10′ South, Longitude 146° 25′ East, thence south-easterly along the geodesic to a point of Latitude 12° 50′ South, Longitude 147° 40′ East, thence southerly along the meridian of Longitude 147° 40′ East to its intersection by the parallel of Latitude 14° South, thence westerly along that parallel to its intersection by the meridian of Longitude 146° 55′ East, thence southerly along that meridian to its intersection by the parallel of Latitude 17° 05′ South, thence easterly along that parallel to its intersection by the meridian of Longitude 147° 45′ East, thence southerly along that meridian to its intersection by the parallel of Latitude 18° 30′ South, thence easterly along that parallel to its intersection by the meridian of Longitude 150° 50′ East, thence southerly along that meridian to its intersection by the parallel of Latitude 20° South, thence easterly along that parallel to its intersection by the meridian of Longitude 151 ° 30′ East, thence southerly along that meridian to its intersection by the parallel of Latitude 20° 25′ South, thence easterly along that parallel to its intersection by the meridian of Longitude 153° 05′ East, thence southerly along that meridian to its intersection by the parallel of Latitude 22° 50′ South, thence easterly along that parallel to its intersection by the meridian of Longitude 153° 40′ East, thence southerly along that meridian to its intersection by the parallel of Latitude 23° 15′ South, thence easterly along that parallel to its intersection by the meridian of Longitude 154° East, thence southerly along that meridian to its intersection by the parallel of Latitude 23° 50′ South, thence easterly along that parallel to its intersection by the meridian of Longitude 155° 15′ East, thence southerly along that meridian to its intersection by the parallel of Latitude 25° South, thence easterly along that parallel to its intersection by the meridian of Longitude 158′ 35′ East, thence south-easterly along the geodesic to a point of Latitude 27° 30′ 35″ South, Longitude 160° East, thence westerly along the geodesic to a point of Latitude 27° 48′ South, Longitude 154° 22′ East, thence south-westerly along the geodesic to a point of Latitude 27° 58′ South, Longitude 154º East, thence south-westerly along the geodesic between the last-mentioned point and the trigonometrical station known as Point Danger near Point Danger to its intersection by the coastline at mean low water, thence along the coastline of the State of Queensland at mean low water to the point of commencement. |
| South Australia Division | The area of continental shelf beneath the area of waters bounded by a line commencing at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria and running thence southerly along the meridian through that point to its intersection by the parallel of Latitude 38° 10′ South, thence south-westerly along the geodesic to a point of Latitude 38° 15′ South, Longitude 140° 57′ East, thence south-westerly along the geodesic to a point of Latitude 38° 26′ South, Longitude 140° 53′ East, thence south-westerly along the geodesic to a point of Latitude 38° 35′ 30′ South, Longitude 140° 44′ 37″ East, thence south-westerly along the geodesic to a point of Latitude 38° 40′ 48″ South, Longitude 140° 40′ 44″ East, thence south-westerly along the geodesic to a point of Latitude 44° South, Longitude 136° 29′ East, thence westerly along the parallel of Latitude 44° South to its intersection by the meridian of Longitude 129° East, thence northerly along that meridian to its intersection by the parallel of Latitude 31° 45′ South, thence northerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia, thence along the coastline of the State of South Australia at mean low water to the point of commencement. |
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| Western Australia Division | The area of continental shelf beneath the area of waters bounded by a line commencing at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia and running thence southerly along the geodesic to a point of Latitude 31° 45′ South, Longitude 129º East, thence southerly along the meridian of Longitude 129° East to its intersection by the parallel of Latitude 44º South, thence westerly along that parallel to its intersection by the meridian of Longitude 110º East, thence northerly along that meridian to its intersection by the parallel of Latitude 17º South, thence north-easterly along the geodesic to a point of Latitude 12º 24′ South, Longitude 121º 24′ East, thence south-easterly along the geodesic to a point of Latitude 12° 56′ South, Longitude 122° 06′ East, thence south-easterly along the geodesic to a point of Latitude 13° 20′ South, Longitude 122° 41′ East, thence easterly along the geodesic to a point of Latitude 13° 19′ 30″ South, Longitude 123° 16′ 45″ East, thence easterly along the parallel of Latitude 13° 19′ 30’ South to its intersection by the meridian of Longitude 124° 27′ 45″ East, thence north-easterly along the geodesic to a point of Latitude 13° 13′ 15″ South, Longitude 124° 36′ 15″ East, thence north-easterly along the geodesic to a point of Latitude 12° 46′ 15″ South, Longitude 124º 55′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 11° 51′ South, Longitude 125º 27′ 45″ East, thence north-easterly along the geodesic to a point of Latitude 11° 44′ 30″ South, Longitude 125° 31′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 10° 21′ 30″ South, Longitude 126° 10′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 10° 13′ South, Longitude 126° 26′ 30″ East, thence northeasterly along the geodesic to a point of Latitude 10° 05′ South, Longitude 126° 47′ 30″ East, thence south-easterly along the geodesic to a point of Latitude 11° 13′ 15″ South, Longitude 127° 32′ East, thence south-easterly along the geodesic to a point of Latitude 11º 48′ South, Longitude 127° 53′ 45″ East, thence south-easterly along the geodesic to a point of Latitude 12° 26′ 30″ South, Longitude 128° 22′ East, thence south-easterly along the geodesic to a point or Latitude 12° 32′ 45″ South, Longitude 128° 24′ East, thence south-easterly along the geodesic to a point of Latitude 12° 55′ 30″ South, Longitude 128° 28′ East, thence southerly along the meridian of Longitude 128° 28′ East to its intersection by the parallel of Latitude 13° 15′ 30″ South, thence south-easterly along the geodesic to a point of Latitude 13° 39′ 45″ South, Longitude 128° 30′ 45″ East, thence southeasterly along the geodesic to a point of Latitude 13° 49′ 45″ South, Longitude 128° 33′ 15″ East, thence south-easterly along the geodesic to a point of Latitude 14° South, Longitude 128° 42′ 15″ East, thence southeasterly along the geodesic to a point of Latitude 14° 19′ 30″ South, Longitude 128° 53′ East, thence south-easterly along the geodesic to a point of Latitude 14° 32′ 30″ South, Longitude 129° 01′ 15″ East, thence southerly along the geodesic to a point of Latitude 14° 37′ 30″ South, Longitude 129° 01′ 45″ East, thence southerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Western Australia, thence along the coastline of the State of Western Australia at mean low water to the point of commencement. |
| Tasmania Division | The area of continental shelf beneath the area of waters bounded by a line commencing at a point of Latitude 39° 12′ South, Longitude 142° 30′ East and running thence easterly along the parallel of Latitude 39° 12′ South to its intersection by the meridian of Longitude 150° East, thence south-easterly along the geodesic to a point of Latitude 41° 30′ South, Longitude 158° 13′ East, thence south-westerly along the geodesic to a point of Latitude 45º South, Longitude 150° East, thence south-easterly along the geodesic to a point of Latitude 56° South, Longitude 165° East, thence westerly along the parallel of Latitude 56° South to its intersection by the meridian of Longitude 155° East, thence north-westerly along the geodesic to a point of Latitude 45° South, Longitude 140° East, thence north-westerly along the geodesic to a point of Latitude 44° South, Longitude 136° 29′ East, thence north-easterly along the geodesic to a point or Latitude 39° 50′ South, Longitude 142° East, thence north-easterly along the geodesic to the point of commencement. |
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| Northern Territory Division | The area of continental shelf beneath the area of waters bounded by a line commencing at a point that is the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Western Australia and running thence northerly along the geodesic to a point of Latitude 14° 37′ 30″ South, Longitude 129° 01′ 45″ East, thence northerly along the geodesic to a point of Latitude 14° 32′ 30″ South, Longitude 129° 01′ 15″ East, thence north-westerly along the geodesic to a point of Latitude 14° 19′ 30″ South, Longitude 128° 53′ East, thence north-westerly along the geodesic to a point of Latitude 14° South, Longitude 128° 42′ 15″ East, thence north-westerly along the geodesic to a point of Latitude 13° 49′ 45″ South, Longitude 128° 33′ 15″ East, thence north-westerly along the geodesic to a point of Latitude 13° 39′ 45″ South, Longitude 128° 30′ 45″ East, thence north-westerly along the geodesic to a point of Latitude 13° 15′ 30″ South, Longitude 128° 28′ East, thence northerly along the meridian of Longitude 128° 28′ East to its intersection by the parallel of Latitude 12° 55′ 30″ South, thence north-westerly along the geodesic to a point of Latitude 12° 32′ 45″ South, Longitude 128° 24″ East, thence north-westerly along the geodesic to a point of Latitude 12° 26′ 30″ South, Longitude 128º 22′ East, thence north-westerly along the geodesic to a point of Latitude 11° 48′ South, Longitude 127° 53′ 45″ East, thence north-westerly along the geodesic to a point of Latitude 11° 13′ 15″ South, Longitude 127° 32′ East, thence north-westerly along the geodesic to a point of Latitude 10° 05′ South, Longitude 126° 47′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 9° 53′ 45″ South, Longitude 127° 18′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 9° 25′ South, Longitude 128° East, thence easterly along the parallel of Latitude 9° 25′ South to its intersection by the meridian of Longitude 129° 38′ East, thence north-easterly along the geodesic to a point of Latitude 8° 53′ South, Longitude 133° 21′ East, thence north-easterly along the geodesic to a point of Latitude 8° 52′ 15″ South, Longitude 133°24′ 15″ East, thence south-easterly along the geodesic to a point of Latitude 9° 23′ 15″ South, Longitude 134° 47′ 30″ East, thence easterly along the geodesic to a point of Latitude 9° 20′ 30″ South, Longitude 135° 06′ 45″ East, thence north-easterly along the geodesic to a point of Latitude 9° 08′ 15″ South, Longitude 135° 28′ 45″ East, thence south-easterly along the geodesic to a point of Latitude 9° 50′ 30″ South, Longitude 137° 34′ East, thence south-easterly along the geodesic to a point of Latitude 10° 01′ South, Longitude 138° 03′ East, thence southeasterly along the geodesic to a point of Latitude 10° 16′ 45″ South, Longitude 138° 32′ 30″ East, thence south-easterly along the geodesic to a point of Latitude 10° 44′ 45″ South, Longitude 139° 09′ 15″ East, thence southeasterly along the geodesic to a point of Latitude 10° 51′ South, Longitude 139° 12′ 30″ East, thence south-easterly along the geodesic to a point of Latitude 11º South, Longitude 139° 15′ East, thence southerly along the meridian of Longitude 139° 15′ East to its intersection by the parallel of Latitude 14° 30′ South, thence westerly along that parallel to its intersection by the meridian of Longitude 138° 30′ East, thence southerly along that meridian to its intersection by the parallel of Latitude 15º 55′ South, thence south-westerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Queensland, thence along the coastline of the Northern Territory of Australia at mean low water to the point of commencement. |
| Ashmore and Cartier Islands Division | The area of continental shelf beneath the area of waters bounded by a line commencing at a point of Latitude 12º 24′ South, Longitude 121° 24′ East and running thence north-easterly along the geodesic to a point of Latitude 11° 33′ South, Longitude 123° 14″ East, thence north-easterly along the geodesic to a point of Latitude 11° 17′ South, Longitude 123° 24′ 15″ East, thence south-easterly along the geodesic to a point of Latitude 11° 26′ 18″ South, Longitude 123° 40′ East, thence north-easterly along the geodesic to a point of Latitude 11º 21′ South, Longitude 124º 08′ 30″ East, thence north-easterly along the geodesic to a point of Latitude 10° 55′ 45″ South, Longitude 124° 27′ East, thence north-easterly along the geodesic to a point of Latitude 10° 37′ 15″ South, Longitude 125° 41′ 30″ East, thence northeasterly along the geodesic to a point of Latitude 10° 21′ 30″ South, Longitude |
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| Ashmore and Car-tier Islands Division—continued | 126° 10′ 30″ East, thence south-westerly along the geodesic to a point of Latitude 11° 44′ 30″ South, Longitude 125° 31′ 30″ East, thence southwesterly along the geodesic to a point of Latitude 11º 51′ South, Longitude 125° 27′ 45″ East, thence south-westerly along the geodesic to a point of Latitude 12° 46′ 15″ South, Longitude 124° 55′ 30″ East, thence southwesterly along the geodesic to a point of Latitude 13° 13′ 15″ South, Longitude 124° 36′ 15″ East, thence south-westerly along the geodesic to a point of Latitude 13° 19′ 30″ South, Longitude 124° 27′ 45″ East, thence westerly along the parallel of Latitude 13° 19′ 30″ South to its intersection by the meridian of Longitude 123° 16′ 45″ East, thence westerly along the geodesic to a point of Latitude 13° 20′ South, Longitude 122° 41′ East, thence north-westerly along the geodesic to a point of Latitude 12° 56′ South. Longitude 122° 06′ East, thence north-westerly along the geodesic to the point of commencement. |
| Papua Division…….. | The area of continental shelf beneath the area of waters bounded by a line commencing at a point that is the intersection of the coastline at mean low water by the boundary between the Territory of New Guinea and the Territory of Papua and running thence north-easterly along the geodesic to a point of Latitude 7° 50′ 20″ South, Longitude 148° 01′ 30″ East, thence north-easterly along the geodisic to a point of Latitude 7° 50′ 45″ South, Longitude 148° 06′ 15″ East, thence north-easterly along the geodesic to a point of Latitude 7° 22′ South, Longitude 148° 16′ 45″ East, thence northeasterly along the geodesic to a point of Latitude 7° 16′ South, Longitude 148° 55′ East, thence south-easterly along the geodesic to a point of Latitude 7° 31′ South, Longitude 149° 15 East, thence north-easterly along the geodesic to a point of Latitude 7° 22′ South, Longitude 149° 42′ East, thence north-easterly along the geodesic to a point of Latitude 7° 18′ South, Longitude 150° 10′ East, thence easterly along the geodesic to a point of Latitude 7° 19′ South, Longitude 150° 25′ East, thence easterly along the geodesic to a point of Latitude 7° 13′ South, Longitude 151° 05′ East, thence easterly along the geodesic to a point of Latitude 7° 10′ South, Longitude 152° 40′ East, thence north-easterly along the geodesic to a point of Latitude 7° 05′ South, Longitude 153° 10′ East, thence south-easterly along the geodesic to a point of Latitude 7° 18′ South, Longitude 153° 30′ East, thence south-easterly along the geodesic to a point of Latitude 7° 35′ South, Longitude 153° 48′ East, thence south-easterly along the geodesic to a point of Latitude 8° 50′ South, Longitude 155° 08′ East, thence south-easterly along the geodesic to a point of Latitude 9° 18′ South, Longitude 155° 18′ East, thence south-westerly along the geodesic to a point of Latitude 10° 9′ South, Longitude 154° 41′ East, thence southeasterly along the geodesic to a point of Latitude 10° 45′ South, Longitude 154° 55′ East, thence south-easterly along the geodesic to a point of Latitude 14° 07′ South, Longitude 156° 35′ East, thence south-westerly along the geodesic to a point of Latitude 14° 28′ South, Longitude 155° 03′ East, thence south-westerly along the geodesic to a point of Latitude 14° 45′ South, Longitude 154° 15′ East, thence north-westerly along the geodesic to a point of Latitude 14° 15′ South, Longitude 152° 15′ East, thence north-westerly along the geodesic to a point of Latitude 13º 50′ South, Longitude 151° 29′ East, thence north-westerly along the geodesic to a point of Latitude 13° 12′ South, Longitude 149° 40′ East, thence northwesterly along the geodesic to a point of Latitude 13° 05′ South, Longitude 148° 35′ East, thence north-westerly along the geodesic to a point of Latitude 12° 50′ South, Longitude 147° 40′ East, thence north-westerly along the geodesic to a point of Latitude 12° 10′ South, Longitude 146° 25′ East, thence north-westerly along the geodesic to a point of Latitude 10° 45′ South, Longitude 145° 40′ East, thence north-westerly along the geodesic to a point of Latitude 9° 15′ South, Longitude 145° 20′ East, thence north-westerly along the geodesic to a point of Latitude 9° South, Longitude 145° 13′ East, thence westerly along the parallel of Latitude 9º South to its intersection by the meridian of Longitude 144° 45′ East, thence south-westerly along the geodesic to a point of Latitude 9° 24′ 30″ South, Longitude 144° 13′ 45″ East, thence north-westerly along the geodesic to a point of Latitude 9° 08′ 15″ South, Longitude 143° 52′ 15″ East, thence |
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| Papua Division—continued | south-westerly along the geodesic to a point of Latitude 9° 21′ 30″ South, Longitude 142° 33′ 15″ East, thence north-westerly along the geodesic to a point of Latitude 9º 14′ 45″ South, Longitude 142° 21′ 30″ East, thence north-westerly along the geodesic to a point of Latitude 9° 11′ 45″ South, Longitude 142° 18′ 30″ East, thence north-westerly along the geodesic to a point of Latitude 9° 10′ 30″ South, Longitude 142° 16′ East, thence southwesterly along the geodesic to a point of Latitude 9º 11′ 45″ South, Longitude 142° 09′ East, thence north-westerly along the geodesic to a point of Latitude 9° 10′ 45″ South, Longitude 142° 04′ 45″ East, thence westerly along the parallel of Latitude 9° 10′ 45″ South to its intersection by the meridian of Longitude 142° 00′ 15″ East, thence south-westerly along the geodesic to a point of Latitude 9° 30′ South, Longitude 141″ 35′ 30″ East, thence south-westerly along the geodesic to a point of Latitude 9° 38′ South, Longitude 141° East, thence south-westerly along the geodesic to a point of Latitude 9° 52′ 30″ South, Longitude 140° 30′ 30″ East, thence north-easterly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Territory of Papua and West Irian, thence along the coastline of the Territory of Papua at mean low water to the point of commencement. |
| New Guinea Division | The area of continental shelf beneath the area of waters bounded by a line commencing at a point that is the intersection of the coastline at mean low water by the boundary between the Territory of New Guinea and West Irian and running thence north-westerly along the geodesic to a point of Latitude 2° 30′ South, Longitude 140° 56′ East, thence north-westerly along the geodesic to a point of Latitude 2° 25′ South, Longitude 140° 55′ East, thence north-easterly along the geodesic to a point of Latitude 1° South, Longitude 141° 22′ East, thence north-westerly along the geodesic to a point of Latitude 0° 47′ North, Longitude 140° 49′ East, thence north-westerly along the geodesic to a point of Latitude 2° 41′ North, Longitude 140° 46′ East, thence easterly along the geodesic to a point of Latitude 2° 40′ North, Longitude 142° 05′ East, thence easterly along the geodesic to a point of Latitude 2° 44′ North, Longitude 143° 05′ East, thence north-easterly along the geodesic to a point of Latitude 2° 47′ North, Longitude 143° 26′ East, thence north-easterly along the geodesic to a point of Latitude 3° 19′ North, Longitude 145° 10′ East, thence northeasterly along the geodesic to a point of Latitude 3° 23′ North, Longitude 145° 43′ East, thence south-easterly along the geodesic to a point of Latitude 3° 17′ North, Longitude 146° 38′ East, thence south-easterly along the geodesic to a point of Latitude 3° 12′ North, Longitude 147° 01′ East, thence south-easterly along the geodesic to a point of Latitude 2° 41′ North, Longitude 147° 58′ East, thence easterly along the geodesic to a point of Latitude 2° 46′ North, Longitude 550° 22′ East, thence south-easterly along the geodesic to a point of Latitude 2° 22′ North, Longitude 151° 02′ East, thence south-easterly along the geodesic to a point of Latitude 0° 19′ South, Longitude 152° 45′ East, thence south-easterly along the geodesic to a point of Latitude 1° South, Longitude 153º 58′ East, thence easterly along the geodesic to a point of Latitude 1° 05′ South, Longitude 157° 40′ East, thence, north-easterly along the geodesic to a point of Latitude 1° 01′ South, Longitude 157° 51′ East, thence north-easterly along the geodesic to a point of Latitude 0° 53′ North, Longitude 160° 04′ East, thence southeasterly along the geodesic to a point of Latitude 0° 15′ North, Longitude 161° 46′ East, thence south-easterly along the geodesic to a point of Latitude 3° 55′ South, Longitude 163° 58′ East, thence south-westerly along the geodesic to a point of Latitude 4° 53′ South, Longitude 160° 08′ East, thence north-westerly along the geodesic to a point of Latitude 4° 46′ South, Longitude 158° 53′ East, thence north-westerly along the geodesic to a point of Latitude 4° 35′ South, Longitude 158° 12′ East, thence south-westerly along the geodesic to a point of Latitude 5° 52′ South, Longitude 157° 53′ East, thence westerly along the geodesic to a point of Latitude 5° 51′ South, Longitude 157° 23′ East, thence north-westerly along the geodesic to a point of Latitude 5° 38′ South, Longitude 156° 32′ East, thence southwesterly along the geodesic to a point of Latitude 6° 23′ South, Longitude 156° 15′ East, thence south-westerly along the geodesic to a point which |
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| New Guinea Division—continued | lies 9¼ admiralty nautical miles north 23° east true from Cape Friendship, thence southerly along the geodesic to a point which lies 4 admiralty nautical miles south 84° east true from Cape Friendship, thence south-westerly along the geodesic to a point which lies 23/4 admiralty nautical miles south 36° east true from Cape Friendship, thence south-westerly along the geodesic to a point which lies 2 admiralty nautical miles south 38° east true from the southernmost point of the peninsula which bounds the harbour of Tonolei on the east, thence southerly along the geodesic to a point which lies 33/4 admiralty nautical miles south 19° east true from the southernmost point of that peninsula, thence south-westerly along the geodesic to a point which lies 4 admiralty nautical miles south true from the southernmost point of that peninsula, thence north-westerly along the geodesic to 2 point which lies 33/4 admiralty nautical miles south 45° west true from the southernmost point of that peninsula, thence south-westerly along the geodesic to a point which lies 6 admiralty nautical miles south 40° west true from the southernmost point of that peninsula, thence westerly along the geodesic to a point which lies 41/2 admiralty nautical miles north 85° east true from Moila Point, thence south-westerly along the geodesic to a point which lies 4 admiralty nautical miles south 66° east true from Moila Point, thence south-westerly along the geodesic to a point which lies 53/4 admiralty nautical miles south 53° west true from Moila Point, thence north-westerly along the geodesic to a point which lies 83/4 admiralty nautical miles south 78° west true from Moila Point, thence south-westerly along the geodesic to a point of Latitude 7° 11′ South, Longitude 155° 27′ East, thence south-westerly along the geodesic to a point of Latitude 7° 14′ South, Longitude 155° 04′ East, thence south-westerly along the geodesic to a point of Latitude 7° 27′ South, Longitude 154° 06′ East, thence south-westerly along the geodesic to a point of Latitude 7° 35′ South, Longitude 153° 43′ East, thence north-westerly along the geodesic to a point of Latitude 7° 18′ South, Longitude 153° 30′ East, thence north-westerly along the geodesic to a point of Latitude 7° 05′ South, Longitude 153° 10′ East, thence southwesterly along the geodesic to a point of Latitude 7° 10′ South, Longitude 152° 40′ East, thence westerly along the geodesic to a point of Latitude 7° 13′ South, Longitude 150º 05′ East, thence westerly along the geodesic to a point of Latitude 7° 19′ South, Longitude 150° 25′ East, thence westerly along the geodesic to a point of Latitude 7° 18′ South, Longitude 150° 10′ East, thence south-westerly along the geodesic to a point of Latitude 7° 22′ South, Longitude 149° 42′ East, thence south-westerly along the geodesic to a point of Latitude 7° 31′ South, Longitude 149° 15′ East, thence north-westerly along the geodesic to a point of Latitude 7° 16′ South, Longitude 148° 55′ East, thence south-westerly along the geodesic to a point of Latitude 7° 22′ South, Longitude 148° 16′ 45″ East, thence south-westerly along the geodesic to a point of Latitude 7° 50′ 45″ South, Longitude 148° 06′ 15″ East, thence south-westerly along the geodesic to a point of Latitude 7° 59′ 20″ South, Longitude 148° 01′ 30″ East, thence south-westerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Territory of New Guinea andGuinea at mean low water to the point of commencement. |
| Coral Sea Islands Division | The area of continental shell beneath the area of waters bounded by a line commencing at a point of Latitude 14° 45′ South, Longitude 154° 15′ East and running thence north-easterly along the geodesic to a point of Latitude 14° 28′ South, Longitude 155° 03′ East, thence north-easterly along the geodesic to a point of Latitude 14° 07′ South, Longitude 156° 35′ East, thence south-westerly along the geodesic to a point of Latitude 20° South, Longitude 156° 10′ East, thence south-easterly along the geodesic to a point of Latitude 25° South, Longitude 158º 35′ East, thence westerly along the parallel of Latitude 25° South to its intersection by the meridian of Longitude 155° 15′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 23°50′ South, thence westerly along that parallel to its intersection by the meridian of Longitude 154° East, thence northerly along that meridian to its intersection by the parallel of Latitude 23° 15′ South, thence westerly along that parallel to its intersection |
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| Coral Sea Islands Division—continued | by the meridian of Longitude 153º 40′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 22° 50′ South, thence westerly along that parallel to its intersection by the meridian of Longitude 153º 05′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 20° 25′ South, thence westerly along that parallel to its intersection by the meridian of Longitude 151° 30′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 20° South, thence westerly along that parallel to its intersection by the meridian of Longitude 150° 50′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 18° 30′ South, thence westerly along that parallel to its intersection by the meridian of Longitude 147° 45′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 17° 05′ South, thence westerly along that parallel to its intersection by the meridian of Longitude 146° 55′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 14° South, thence easterly along that parallel to its intersection by the meridian of Longitude 147° 40′ East, thence northerly along that meridian to its intersection by the parallel of Latitude 12° 50′ South, thence southeasterly along the geodesic to a point of Latitude 13° 05′ South, Longitude 148° 35′ East, thence south-easterly along the geodesic to a point of Latitude 13° 12′ South, Longitude 149° 40′ East, thence south-easterly along the geodesic to a point of Latitude 13° 50′ South, Longitude 151° 29′ East, thence south-easterly along the geodesic to a point of Latitude 14° 15′ South, Longitude 152° 15′ East, thence south-easterly along the geodesic to the point of commencement. |
SECOND SCHEDULE Regulation 13.
FEES
| First Column | Second Column | |
|---|---|---|
| Matters under Section 13 of the Act | Fee | |
| $ | ||
| 1. | Grant of a licence to search for and take a sedentary organism................ | 2.00 |
| 2. | Grant of a licence authorizing the use of a ship, other than a foreign ship, in searching for and taking a sedentary organism | 2.00 |
| 3. | Grant of a licence authorizing the use of a foreign ship in searching for and taking a sedentary organism, for each foot of the overall length of the boat | 10.00 |
| 4. | Transfer of a licence authorizing the use of a ship, whether or not a foreign ship, in searching for and taking a sedentary organism | 1.00 |
| 5. | Grant of a licence to, or in respect of, a diver........................... | 1.00 |
| 6. | Grant of a licence to, or in respect of, a diver’s tender...................... | 1.00 |
| 7. | Issue of duplicate of lost, destroyed or defaced licence..................... | 0.50 |
Printed by Authority by the Government Printer of the Commonwealth of Australia
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES
1970 No.
_______
REGULATIONS UNDER THE CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Continental Shelf (Living Natural Resources) Act 1968.
Dated this twenty-fifth day of March, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(SGD.) J. D. ANTHONY
Minister of State for Primary Industry, and for and on
behalf of the Minister of State for External Territories.
________
CONTINENTAL SHELF (LIVING NATURAL RESOURCES)
REGULATIONS
Citation.
Commencement.
Interpretation.
“approved form” means a form approved by the appropriate Minister;
“licensing authority” means a person or authority authorized by or under the Act to grant licences under section 13 of the Act;
“the Act” means the Continental Shelf (Living Natural Resources) Act 1968;
“the Navigation (Collision) Regulations” means the Navigation (Collision) Regulations in force from time to time under the Navigation Act 1912-1968.
Application for licence.
4.—(1.) An application for—
(a) the grant of a licence under section 13 of the Act; or
(b) the transfer, under sub-section (7.) of section 13 of the Act, of a licence in respect of a ship,
shall be deemed not to have been duly made to a licensing authority unless it is accompanied by the fee payable in respect of the grant of the licence or the transfer of the licence, as the case may be.
* Notified in the Commonwealth Gazette on 1970
20352/69—Price 20c 10/17.3.1970
(2.) An application for the grant of a licence under paragraph (a) or (b) of sub-section (4.) of section 13 of the Act to or in respect of a diver or trial diver shall be deemed not to have been duly made to a licensing authority unless the applicant furnishes to the licensing authority a certificate signed, not earlier than thirty days before the date of application, by a medical practitioner certifying that the diver or trial diver, as the case may be, is not, in the opinion of the medical practitioner, suffering from a disease, complaint or infirmity likely to render the occupation of diving specially dangerous to the diver or trial diver.
(3.) In the last preceding regulation, “medical practitioner” means a person who is registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
Lost or destroyed licences.
5.—(1.) Where a licence granted under section 13 of the Act (in this regulation referred to as “the original licence”) has been lost or destroyed, the holder of the licence may apply in writing to a licensing authority for the issue to him of a duplicate licence.
(2.) If the licensing authority is satisfied that—
(a) the original licence has been lost or destroyed; and
(b) improper use has not been, or is not being, made of the original licence by, or with the consent of, the applicant,
he may, upon payment of the prescribed fee, issue a duplicate licence to the applicant
(3.) A duplicate licence issued under this regulation has the same effect as the original licence.
(4.) A person shall not, in or in relation to an application under this regulation, make a statement or furnish information that is false or misleading in any particular.
Penalty: Two hundred dollars.
Defaced licences.
6.—(1.) Where a licence granted under section 13 of the Act (in this regulation referred to as “the original licence”) has been defaced, a licensing authority may—
(a) upon application in writing accompanied by the original licence; and
(b) upon payment of the prescribed fee,
issue a duplicate licence to the holder of the original licence.
(2.) A duplicate licence issued under this regulation has the same effect as the original licence.
Short methods of reference to areas of continental shelf (First Schedule).
7.—(I.) Such areas of the Australian Continental Shelf or of the Continental Shelf of a Territory as are described in full in the second column of the First Schedule to these Regulations may be referred to by the short descriptions respectively specified in the first column of that Schedule.
(2.) The short descriptions referred to in the last preceding sub-regulation may be used, for the purpose of referring to the respective areas described in the second column of the First Schedule to these Regulations, in—
(a) a notice under section 11 or 12 of the Act;
(b) a licence under section 13 of the Act;
(c) a permit under section 23 of the Act; and
(d) an application for such a licence or permit.
Signals and rules of navigation.
8.—(1.) This regulation applies to a ship (other than an exempt boat), that is being used by a person, in an area of the Australian continental shelf, or an area of the continental shelf of a Territory, that is a controlled area in relation to sedentary organisms of any kind, in searching for or taking sedentary organisms of that kind as authorized by a licence granted to him, or to a person on whose behalf he is acting, under sub-section (2.) of section 13 of the Act.
(2.) The signals and rules of navigation prescribed by the Navigation (Collision) Regulations and by this regulation shall be observed by a person in charge of a ship to which this regulation applies.
(3.) The person in charge of a ship to which this regulation applies and not under command shall keep at hand a red pennant which he shall, on the approach of another ship, cause to be displayed in a prominent position on his ship.
(4.) The person in charge of a ship under way shall give a wide berth to a ship displaying the red pennant in the manner referred to in the last preceding sub-regulation.
(5.) Nothing in the last two preceding sub-regulations shall be taken to confer on a person a right to cause or permit a ship to which this regulation applies to obstruct a fairway used by ships other than ships to which this regulation applies.
(6.) A person in charge of a ship to which this regulation applies shall not—
(a) contravene or fail to comply with a rule of navigation prescribed by the Navigation (Collision) Regulations or by this regulation;
(b) fail to exhibit, display or use a light or signal required by the Navigation (Collision) Regulations or by this regulation to be exhibited, displayed or used; or
(c) exhibit, display or use a light or signal other than that prescribed by the Navigation (Collision) Regulations or by this regulation.
Penalty: Two hundred dollars.
(7.) The imposition of a penalty under this regulation does not relieve a person from civil liability for any damage occasioned by his failure to observe a signal or rule of navigation required by this regulation to be observed.
Methods of marking a ship in respect of which a licence is in force.
9.—(1.) Where a licensing authority grants a licence authorizing the use of a ship in searching for and taking sedentary organisms, he shall assign to the ship a distinguishing letter and number.
(2.) Where—
(a) a ship, in respect of which a licence under sub-section (2.) of section 13 of the Act is in force—
(i) is being, or has been, since the grant of the licence, used in searching for and taking sedentary organisms; and
(ii) does not bear the distinguishing letter and number, assigned to it under the last preceding sub-regulation, conspicuously and legibly painted on each bow, above the water line and in dark letters and figures on a light ground, or in light letters and figures on a dark ground, each letter and figure being not less than twelve inches in depth;
(b) a ship in respect of which such a licence has been granted has ceased to be so licensed and the distinguishing letter and number assigned to it under the last preceding sub-regulation has not been completely obliterated or removed; or
(c) a ship that is being used in searching for and taking sedentary organisms in a controlled area has painted or displayed upon its bow a letter or number other than—
(i) the letter and number assigned to it in pursuance of this regulation or under a law of a State or a Territory; or
(ii) a letter or number assigned to it under a law of another country,
the master and the owner of the ship are each guilty of an offence against this regulation punishable, upon conviction, by a fine not exceeding Two hundred dollars.
Certain provisions of regulation 9 not to apply to ships licensed under State or Territory law.
(a) is licensed, under the law of a State or a Territory, to be used in searching for and taking sedentary organisms; and
(b) has painted or displayed on it an identification letter and number in accordance with that law.
Unclaimed equipment for use in searching for, or taking, sedentary organisms found in controlled areas.
11.—(1.) Where an officer—
(a) finds, in a controlled area, equipment for use in searching for, or taking, sedentary organisms; and
(b) does not know the identity of the owner of the equipment, he shall keep the equipment in safe custody for a period of thirty days.
(2.) Where, at the expiration of the period referred to in the last preceding sub-regulation, a person has not claimed, and established that he is the owner of, the equipment, the officer shall cause to be inserted once in one or more newspapers circulating in the locality of the port nearest to which the equipment was found or, if there is not such a newspaper, in such a newspaper as the appropriate Secretary directs, a notice describing the equipment and the approximate locality in which it was found and stating that if the equipment is not claimed, and the ownership of the claimant established, within a period of fourteen days from the date of the publication of the notice, the equipment will be sold by public auction.
(3.) After the expiration of the period specified in the notice, an officer may, if the equipment has not been claimed and the ownership of the claimant established, sell the equipment by public auction.
(4.) An officer may conduct an auction sale under this regulation without holding an auctioneer’s licence under the law of the State in which the auction sale is conducted.
(5.) The proceeds of a sale of equipment under this regulation shall be paid into the Consolidated Revenue Fund.
(6.) For the purposes of a sale of equipment in pursuance of this regulation, the Commonwealth shall be deemed to be the absolute owner of the equipment.
(7.) Equipment submitted for sale at an auction sale held in pursuance of this regulation but not sold may be disposed of in such manner as the appropriate Minister directs.
(8.) An action does not lie against the Commonwealth or a person, including a purchaser of the equipment, by reason of the sale or other disposal of equipment in pursuance of this regulation.
Furnishing of statistics.
12.—(1.) The holder of a licence under sub-section (1.) of section 13 of the Act to search for and take sedentary organisms of a kind specified in this regulation shall—
(a) not later than the seventh day of each month, furnish to a licensing licensing authority at the place where the licence was granted a return, in accordance with an approved form, showing the particulars indicated on the form concerning—
(i) the weight, value and number of pieces of pearl shell, trochus, bêche-de-mer and green snail taken in a controlled area;
(ii) the value of pearls, if any, taken in a controlled area; and
(iii) the average number of persons employed by him both on ships lawfully engaged in searching for and taking, in a controlled area, pearl shell, trochus, bêche-de-mer and green snail and at places on land in Australia or the Territories in connexion with the preparation for disposal of those sedentary organisms,
during the twelve months ended on the last preceding thirty-first day of January; and
(b) not later than the seventh day of each month, furnish to a licensing authority at the place where the licence was granted a return, in accordance with an approved form, showing the particulars indicated on the form concerning the weight of pearl shell, trochus, bêche-de-mer and green snail, respectively, taken, in a controlled area, during the preceding month, by each ship in respect of which he is the holder of a licence under sub-section (2.) of section 13 of the Act.
(2.) A person shall not furnish information under this regulation that is false or misleading in any particular.
Penalty: Two hundred dollars.
Fees (Second Schedule).
13.—(1.) The fees for the several matters that are referred to in the first column of the Second Schedule to these Regulations are the fees respectively specified in the second column of that Schedule.
(2.) For the purposes of the Second Schedule to these Regulations, the overall length, in feet, of a boat is the number of feet, disregarding any part of a foot, in the length of an imaginary straight line following the centre of the main deck of the boat from the fore side of the stem of the boat to the aft side of the stern.
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FIRST SCHEDULE Regulation 7.
SHORT METHODS OF REFERENCE TO AREAS OF AUSTRALIAN CONTINENTAL SHELF OR OF CONTINENTAL SHELF OF A TERRITORY
| First Column | Second Column |
|---|---|
| Short Description | Full Description |
| New South Wales Division | The area of continental shelf beneath the area of waters bounded by 0 line commencing at a point that is the intersection of the coastline at mean low water by the geodesic between the trigonometrical station known as Point Danger near Point Danger and a point of Latitude 27º 58′ South, Longitude 154° East and running thence north-easter |
This is an opening excerpt, not the complete document.