What it does
This Act extends the operation of Northern Territory written laws into specified maritime areas adjacent to the Territory. Its core mechanical effect is to make Territory laws "have effect in and in relation to the coastal waters of the Territory" and to apply those laws to acts done or omitted within those waters (s 3(1)(a)(i)-(ii)). A written law of the Territory that refers to "the Territory", "the Northern Territory" or similar is to be read as including the coastal waters (s 3(1)(b)). The Act defines key spatial terms by reference to the Commonwealth Coastal Waters (Northern Territory Powers) Act 1980 (s 2), and it expressly includes within "coastal waters" the sea-bed, subsoil beneath those waters and the airspace above them (s 2(2)).
The Act also extends certain Territory written laws beyond the outer limits of the coastal waters into the adjacent area in a limited way. Where a written law regulates subterranean mining from land or mining that includes subterranean mining from land, or where it deals with ports, harbours, shipping facilities (including installations), dredging and other coastal works, that law, unless it shows a contrary intention, will apply to such mining, facilities and works located in the adjacent area beyond the coastal waters, and to activities in that adjacent area that relate to facilities or works located within the outer limits (s 3(2)(a)-(d)).
The Act does not operate as a universal export of Territory criminal law. It expressly excludes the application of Territory substantive criminal laws and laws of criminal investigation, procedure and evidence within the meaning of the cooperative scheme under the Crimes at Sea Act 2000 to the specific adjacent area described in clause 14 of that cooperative scheme (s 3(3)(a)-(b)). The Administrator is empowered to make regulations to carry the Act into effect and to prescribe exceptions, including specifying classes of provisions of Territory laws that do not apply in coastal waters or that do not apply to specified acts, classes of acts, circumstances or parts of those waters (s 4(1)-(2)). The Act does not include Commonwealth law within its definition of "law of the Territory" (s 2(1)).