Off-shore Waters (Application of Territory Laws) Act 1985 (Northern Territory) — Zoe

Northern Territory act

Off-shore Waters (Application of Territory Laws) Act 1985

In ForceNT

Jurisdiction

Northern Territory

Collection

act

Plain English Summary

4/10 complexity

What this law does (mechanically)

The Act makes the Northern Territory's own laws apply to the Territory's coastal waters and, in some cases, to the adjacent area beyond the outer limits of those waters (see s 3(1) and s 3(2)).
"Coastal waters" and "adjacent area" are taken from the Commonwealth Coastal Waters (Northern Territory Powers) Act 1980 and the Act explicitly includes the sea‑bed, subsoil and airspace above those waters (s 2(1), s 2(2)).
The Act treats a "law of the Territory" as any Territory law (written or unwritten), and makes clear that Commonwealth laws are not "laws of the Territory" for this purpose (s 2(1)).
For particular subjects already regulated in Territory law — notably subterranean mining from Territory land, and ports/harbours and related facilities/works — the Act says that those Territory laws also operate in the adjacent area beyond the coastal waters, unless the Territory law itself indicates otherwise (s 3(2)(a)–(d)).
The Act excludes, in limited circumstances, the operation of Territory substantive criminal laws and criminal investigation/procedure/evidence laws where a cooperative scheme under the Commonwealth Crimes at Sea Act 2000 applies to the adjacent area specified in that scheme (s 3(3)).
The Administrator can make regulations to implement the Act and may specify that particular Territory provisions (or classes of provisions) do not apply in all or part of the coastal waters, or to specific acts or circumstances (s 4(1)–(2)).

Who this affects and who decides

JSON API

Deep Dive

5,297 words · generated 09/06/2026

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)).

Current sections

Direct links to the current provisions in Off-shore Waters (Application of Territory Laws) Act 1985.

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

View on official register

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

Main concepts

Definitions and referential anchors drive this Act. "Coastal waters of the Territory" and "adjacent area in respect of the Territory" are defined by reference to the Coastal Waters (Northern Territory Powers) Act 1980 (Commonwealth) (s 2(1)). The Act therefore depends on that Commonwealth statute to supply the geographic outer limits and the technical meaning of "adjacent area" and "coastal waters". The Act supplements those definitions by declaring that "coastal waters" includes the sea-bed and subsoil beneath, and the airspace above, those waters (s 2(2)). This means that regulatory reach is not limited to surface navigation or water column activities; it extends to seabed resource activities and activities in the airspace immediately above the waters.

"Law of the Territory" is defined broadly to include any present or future law in force in the Territory, whether written or unwritten, and includes instruments of a legislative or administrative character made under such a law, but the definition explicitly excludes laws of the Commonwealth (s 2(1)). The consequence is that subordinate instruments (for example licences, by-laws or administrative instruments made under Territory statutes) are captured alongside primary legislation where those laws are applied in coastal waters by s 3(1).

Section 3 is the substantive application provision. Subsection (1) is general: Territory laws have effect in and in relation to coastal waters and apply to acts done or omitted within those waters; written laws that refer to "the Territory" are to be read as including coastal waters (s 3(1)(a)-(b)). Subsection (2) is subject-matter specific: written laws that regulate subterranean mining (where it is from land or includes subterranean mining from land) or that relate to ports, harbours, shipping facilities, installations, dredging and other coastal works will (unless a contrary intention appears) also apply to those activities when they are in the adjacent area beyond the coastal waters, and to activities in that adjacent area that relate to facilities or works within the coastal waters (s 3(2)(a)-(d)). Subsection (4) clarifies that nothing in s 3 should be taken to limit the effect of a written law insofar as it purports to have effect beyond the outer limits of coastal waters, or to apply to acts beyond those limits (s 3(4)). This preserves any existing or future territorial reach that a written law purports to have.

There are two limiting mechanisms. First, s 3(3) excludes substantive criminal laws and criminal investigation, procedure and evidence laws (as defined in the cooperative scheme under the Crimes at Sea Act 2000) from applying in relation to the adjacent area specified in clause 14 of that cooperative scheme (s 3(3)(a)-(b)). Second, the Administrator has regulation-making power to make exclusions or qualifications, including specifying provisions or classes of provisions of Territory laws that do not have effect in coastal waters, do not apply to particular acts or classes of acts, or do not have effect in specified circumstances or parts of those waters (s 4(1)-(2)).

Practically, the core conceptual mechanics are: (1) expansion of Territory legislative reach into coastal waters and associated vertical dimensions; (2) a limited lateral extension into adjacent areas for specific subject-matter laws (mining, ports, shipping facilities, coastal works); (3) preservation of Commonwealth criminal cooperative jurisdictional arrangements; and (4) delegated regulatory power to carve back or define limits to that extension.

Who it affects

The Act alters the legal environment for a range of actors by changing the spatial scope of Territory laws.

Persons and entities conducting operations, activities or acts in the coastal waters of the Northern Territory are directly affected because Territory laws "have effect in and in relation to" those waters and apply to acts done or omitted there (s 3(1)(a)). Those persons include vessel operators, offshore installations operators, operators of seabed or subsoil resource activities, aerial operators using the airspace above coastal waters and service providers working on or above those waters because the definition in s 2(2) includes seabed, subsoil and airspace.
Parties engaged in subterranean mining that starts from land, or mining which includes subterranean mining from land, are affected beyond the coastal waters where their operations extend into the adjacent area. Section 3(2)(a) extends the application of Territory written laws governing such mining to the adjacent area beyond coastal waters, unless a contrary intention appears in the written law.
Owners and operators of ports, harbours, shipping facilities and installations, and contractors involved in dredging or other coastal works, are affected because s 3(2)(b) brings written Territory laws about such facilities and works into the adjacent area beyond coastal waters where those facilities or works are located or proposed to be located, and it brings activities in that adjacent area into scope if they relate to facilities or works within coastal waters.
Holders and applicants under Territory permits, licences, approvals, or other administrative instruments are affected because "law of the Territory" includes subordinate legislative and administrative instruments (s 2(1)). Where a Territory law requires a licence, permit or compliance with instrument conditions, those requirements will apply where the law is given effect in the coastal waters under s 3(1).
The Northern Territory Administrator and Territory executive agencies are implicated because the Administrator is given regulation-making power to prescribe exceptions and to carry the Act into effect (s 4(1)-(2)). Administrative decisions and exercise of delegated regulatory power will shape the scope of application.
Commonwealth bodies and Commonwealth law are indirectly affected because the Act explicitly excludes Commonwealth law from the definition of "law of the Territory" (s 2(1)). The Act thus leaves federal law unaffected in its separate domain; where concurrent or overlapping obligations arise, the statutory interplay will depend on the Commonwealth instruments and the cooperative schemes referred to elsewhere in the Act.
Criminal law actors are affected in a more complex way: the Act does not itself apply substantive Territory criminal laws and criminal investigation, procedure and evidence laws in relation to the adjacent area specified in clause 14 of the cooperative scheme under the Crimes at Sea Act 2000 (s 3(3)). Consequently, subject to the cooperative scheme, criminal enforcement in that adjacent area will be governed by the arrangements set out in the Crimes at Sea Act 2000 and its cooperative scheme rather than by a unilateral application of Territory criminal law.

In summary, enterprises and individuals conducting maritime, seabed/subsoil and related coastal activities within coastal waters, and in certain subject-matter categories beyond the coastal waters in the adjacent area, will be obliged to observe Territory laws and instruments unless a contrary intention in a written law or regulations made under this Act provide otherwise. The Administrator and Territory agencies have a regulatory role in setting exclusions or clarifications under s 4.

Key duties and rights

The Act itself creates a framework rather than operational duties or rights; it imports the duties and rights embedded in Territory written laws into the coastal domain. Its principal legal effects that produce duties and rights are as follows.

Importation of existing Territorial duties and rights into coastal waters. By making Territory laws effective "in and in relation to the coastal waters" and applying them to acts there (s 3(1)(a)), persons acting within coastal waters acquire the obligations, restrictions, licensing requirements, compliance duties, and civil causes of action created by those Territory laws, and also obtain any rights, licences or statutory protections those laws confer, to the extent the laws are capable of operating extraterritorially and no contrary intention appears.
Reading references to the Territory expansively. A reference to "the Territory", "the Northern Territory" or similar in a written law is to be read as including the coastal waters (s 3(1)(b)). This textual rule imposes an interpretive duty on drafters and users of Territory legislation: even provisions that do not expressly mention coastal waters may apply there because of this remedial reading.
Subject-matter extensions into the adjacent area. For subterranean mining from land and for ports, harbours, shipping facilities, installations, dredging and other coastal works, written Territory laws have effect in the adjacent area beyond coastal waters and apply to related activities in that adjacent area (s 3(2)). Consequently, duties that these written laws impose (for example planning, environmental, operational, safety or licensing obligations embedded in the relevant Territory statutes or instruments) travel laterally into the adjacent area where the law so indicates.
Exclusions for criminal laws under the cooperative scheme. The Act withdraws from its general operation the substantive Territory criminal laws and Territory laws of criminal investigation, procedure and evidence, insofar as those laws would otherwise apply in the adjacent area described in clause 14 of the cooperative scheme under the Crimes at Sea Act 2000 (s 3(3)). That carve-out affects who has the duty and power to investigate and prosecute offences in that adjacent area; the duties and rights in relation to criminal enforcement will instead be governed by the cooperative scheme under the Commonwealth Act.
Rule-making capacity and limitations. The Administrator may make regulations "prescribing matters required or permitted by this Act" or otherwise necessary or convenient for carrying out the Act (s 4(1)). Regulations can declare that specified provisions or classes of provisions of Territory laws do not have effect in coastal waters, do not apply to specified acts or classes of acts within those waters, or do not have effect in specified circumstances or parts of those waters (s 4(2)). The presence of this power means rights and duties in particular contexts may be varied administratively rather than by further primary legislation.
Non-inclusion of Commonwealth law. The definition of "law of the Territory" excludes Commonwealth law (s 2(1)). That exclusion makes clear that duties or rights created by Commonwealth law are not imported by this Act; any duties arising under Commonwealth statute will remain governed by the Commonwealth instruments and arrangements, including any cooperative or harmonising schemes.

In practical terms, the Act transposes the content of Territory laws,duties, compliance obligations, licensing regimes and rights,into a maritime space. The exact duties and rights that apply at any location therefore depend on the specific Territory written laws in force, any contrary intention contained in those laws, and any regulations under s 4 that modify or disapply specified provisions.

Penalties and enforcement

The Act does not itself create new offences or bespoke penalties. Its enforcement effect is to make existing Territory penal and regulatory regimes apply to conduct in coastal waters and, in specified subject areas, in the adjacent area (s 3(1)-(2)). The practical consequences for penalties and enforcement are as follows.

Existing Territory penalties and enforcement mechanisms follow the laws. Because s 3(1) gives effect to "the laws of the Territory" in coastal waters, any criminal offences, civil penalties, regulatory sanctions, administrative enforcement powers and associated procedural provisions that are contained in those Territory laws apply to acts done or omitted within coastal waters to the extent those laws are capable of operating there and no contrary intention appears (s 3(1)(a)-(b)). Therefore penalties are those provided in the relevant Territory written law.
Criminal law carve-out in the specified adjacent area. Subsection 3(3) excludes substantive Territory criminal laws and laws of criminal investigation, procedure and evidence within the meaning of the cooperative scheme under the Crimes at Sea Act 2000 from operating in relation to the adjacent area specified in clause 14 of that cooperative scheme (s 3(3)(a)-(b)). That means that, for the adjacent area covered by that clause, criminal enforcement will be governed by the cooperative scheme under the Commonwealth legislation rather than by an unqualified application of Territory criminal law. Enforcement actors and procedures in that area will therefore follow the arrangements set out in the cooperative scheme.
Administrative discretion via regulation-making. Section 4(2) permits regulations to specify that particular provisions or classes of provisions of Territory laws do not have effect in coastal waters, or do not apply to specified acts or in specified parts or circumstances. Regulations of this type can therefore limit the reach of enforcement or remove certain enforcement provisions from operating in particular maritime contexts (s 4(2)). The Administrator’s regulations can therefore shape where penalties or enforcement powers apply.
No new enforcement agency created. The Act does not establish or empower a new enforcement agency. Enforcement in coastal waters will proceed through the mechanisms embedded in the applicable Territory laws, and where criminal jurisdiction is governed by the cooperative scheme under the Crimes at Sea Act 2000, through the cooperative criminal enforcement arrangements established by that Commonwealth statute. The Act itself does not nominate specific enforcement officers or a new enforcement process.
Interaction with Commonwealth law left intact. The Act’s definition of "law of the Territory" excludes Commonwealth law (s 2(1)), so penalties and enforcement arising under Commonwealth statutes remain governed by Commonwealth law. The potential for concurrent or overlapping enforcement arises, but the Act does not specify a conflict-resolution mechanism between Territory and Commonwealth enforcement bodies beyond the carve-out referencing the cooperative scheme.

In summary, enforcement and penal consequences in the coastal waters derive from existing Territory sentences and enforcement regimes once Territory written laws are given effect in those waters by s 3, subject to the criminal carve-out for the adjacent area under the Crimes at Sea cooperative scheme and to any disapplication or qualification effected by regulations under s 4.

How it interacts with other laws

This Act is explicitly referential and relies on other Commonwealth and Territory instruments for geographic definitions and cooperative criminal arrangements.

Referential dependence on the Commonwealth Coastal Waters (Northern Territory Powers) Act 1980. Both "adjacent area" and "coastal waters of the Territory" are defined by reference to the Coastal Waters (Northern Territory Powers) Act 1980 of the Commonwealth (s 2(1)). That Commonwealth Act therefore supplies the outer limits and technical boundaries that determine where Territory laws, once applied under this Act, will operate.
Interaction with Commonwealth criminal cooperative framework via Crimes at Sea Act 2000. Section 3(3) limits the Act’s operation so that substantive Territory criminal laws and laws of criminal investigation, procedure and evidence, as defined in the cooperative scheme under the Commonwealth Crimes at Sea Act 2000, do not apply in relation to the adjacent area specified in clause 14 of that cooperative scheme (s 3(3)(a)-(b)). The Act thus defers criminal jurisdictional allocation in that specified adjacent area to the cooperative scheme under Commonwealth law.
No importation of Commonwealth law. The Act’s definition of "law of the Territory" excludes Commonwealth law (s 2(1)). The legislative design is therefore not to convert Commonwealth rules into Territory rules; rather, it sets the scope of Territory law to be exported into coastal waters while preserving the separate role of Commonwealth legislation.
Preservation of written laws’ own territorial scope. Section 3(4) provides that nothing in s 3 operates to limit the effect of a written law insofar as it purports to have effect beyond the outer limits of the coastal waters, or to apply to acts done beyond those limits (s 3(4)). That means a Territory law that already purports a wider extraterritorial reach continues to have that effect; this Act does not curtail existing claims of territorial effect by Territory laws.
Regulatory carve-outs and modifications. Section 4 allows the Administrator to make regulations that carve back specified provisions or classes of provisions of Territory laws so they do not apply in coastal waters or to specified acts, classes of acts, circumstances or parts of those waters (s 4(2)). This instrument-level interaction means that the practical scope of the Act will be shaped not only by primary Territory statutes but also by regulations made under this Act.
Potential for overlap and concurrent application. By reading references to "the Territory" as including coastal waters (s 3(1)(b)), a Territory law that does not expressly contemplate offshore activities may nevertheless apply there. That may create overlap with Commonwealth regimes relevant to maritime or offshore activity, but the Act itself does not amend Commonwealth law nor set out a mechanism to displace it. Any practical conflicts or the need for cooperative administration would therefore be addressed through the existing Commonwealth-Territory interfaces and cooperative schemes such as the Crimes at Sea cooperative scheme that is explicitly referenced (s 3(3)).
Dependent applicability of subordinate instruments. Because "law of the Territory" includes instruments of an administrative character (s 2(1)), subordinate Territory instruments (regulations, licences, conditions) interact with this Act where those instruments apply beyond the landward territory into coastal waters or specified adjacent areas.

The upshot is that the Act operates as a territorial extension device that must be read and applied together with the Coastal Waters (Northern Territory Powers) Act 1980 for spatial scope, with Territory written laws for the substantive regulatory and enforcement content, with the Crimes at Sea Act 2000 cooperative scheme for criminal jurisdiction in the specified adjacent area, and with any regulations made under s 4 that qualify or disapply particular provisions.

Amendment history

The textual record provided supplies a concise amendment history.

Original enactment: Off-Shore Waters (Application Of Territory Laws) Act 1985, Act No. 45 of 1985. Assent date: 18 September 1985; Commenced: 18 September 1985 (Endnotes, List of legislation).
2000 amendment: The Off-Shore Waters (Application Of Territory Laws) Amendment Act 2000 (Act No. 72, 2000) amended s 3. The amendment Act received assent on 14 December 2000 and commenced on 31 March 2001. The Endnotes record that s 3 was amended by No. 72, 2000, s 3 (List of amendments and earlier notes).
Coincident commencement: The 31 March 2001 commencement date for the 2000 amendment is tied to s 2 and to s 2 of the Commonwealth Crimes at Sea Act 2000 and the Gazette notice (Gaz G11, 21 March 2001, p 3), as recorded in the Endnotes. This indicates a coordinated commencement with Commonwealth criminal cooperative arrangements.
Formal amendments in 2018: The Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) made general amendments of a formal nature to ss 1 and 3 (Endnotes, General amendments). The Endnotes characterise these as formal in nature and not itemised in the list of amendments.
Tabulated amendment references: The Endnotes include a table of provisions and a list which confirms that s 3 was specifically amended by No. 72, 2000, s 3. No other substantive amendment numbers or detailed amendment texts are included in the provided source.

Practical consequence for users: the most relevant substantive change recorded in these notes is the 2000 amendment to s 3, and the Act’s current form (as in force at 31 March 2001) includes the s 3 criminal law carve-out referencing the cooperative scheme under the Crimes at Sea Act 2000. The 2018 amendments are described as formal. To understand any textual differences introduced by No. 72/2000 or the formal 2018 amendments in detail, consult the amended statutory text, but the record here confirms s 3 was the focus of the 2000 amendment and that the criminal cooperative scheme interplay was effected.

Gotchas

The Act contains several drafting features and cross-references that create practical pitfalls for lawyers, compliance officers and operators. Each "gotcha" below is grounded in the statutory text.

Spatial definitions are externalised. "Coastal waters" and "adjacent area" are defined by reference to the Commonwealth Coastal Waters (Northern Territory Powers) Act 1980 (s 2(1)). This means that the exact outer limits, baseline determinations and technical definitions that determine whether territory law applies are not in this Act but in Commonwealth legislation. A failure to check the Commonwealth Act may lead to mistaken assumptions about whether a location falls within the Territory-applied zone.
Vertical scope includes seabed, subsoil and airspace. The explicit inclusion of the sea-bed, subsoil and airspace within "coastal waters" (s 2(2)) is easily overlooked. Regulatory obligations that apply to surface navigation alone may nevertheless be joined by seabed or subsoil obligations, and aerial operations that use the airspace above coastal waters may fall within the reach of Territory instruments.
Broad textual import of “the Territory”. Written laws that refer to "the Territory" are read to include coastal waters (s 3(1)(b)). This can import laws not drafted with offshore operation in mind into the maritime domain, generating unexpected compliance duties or restrictions where a law is silent on offshore applicability.
Exception by "contrary intention" in written laws. Section 3(2) applies certain written laws into the adjacent area "unless the contrary intention appears in that law". Determining whether a written law contains a contrary intention is an interpretive question. Practitioners must examine statutory text, legislative history and possibly subordinate instruments to establish whether the law was intended to operate beyond coastal waters. The "contrary intention" test can therefore be a source of uncertainty and dispute.
Criminal jurisdiction carve-out reference is to a cooperative scheme clause. The exclusion in s 3(3) removes substantive Territory criminal laws and laws of criminal investigation, procedure and evidence in relation to the adjacent area specified in clause 14 of the cooperative scheme under the Crimes at Sea Act 2000. The Act therefore defers to a particular clause of an external cooperative scheme. Proper application requires consulting that cooperative scheme to know what adjacent area is covered and which criminal provisions are affected. Failure to check the cooperative scheme can lead to misapplication of criminal jurisdiction.
Regulations can carve back or disapply. Section 4(2) authorises regulations to specify that specified provisions or classes of provisions of Territory laws do not have effect in coastal waters, or do not apply to specified acts or classes of acts, or do not have effect in specified circumstances or parts of those waters. The presence of this power means legal obligations might be altered administratively; compliance cannot be ascertained by reading primary statutes alone, and up-to-date examination of regulations made under this Act is necessary.
No creation of new enforcement architecture. Because the Act imports existing Territory laws but does not specify enforcement mechanisms or create new enforcement agencies, parties must identify which Territory bodies enforce the imported laws and whether those bodies have operational reach into the coastal domain. Assumptions about enforcement visibility and processes should be verified with the relevant Territory regulators.
Overlap with Commonwealth regimes. The Act does not displace Commonwealth law nor import it (s 2(1)). Where Commonwealth maritime, environmental or resource law applies in the same locale, operators may face concurrent or overlapping obligations. The Act does not itself set out how conflicts between Territory and Commonwealth obligations are to be resolved.
Subordinate instruments are captured. The definition of "law of the Territory" includes "an instrument of a legislative or administrative character" made under a Territory law (s 2(1)). Licences, by-laws, instrument conditions and regulatory handbooks may therefore be applicable offshore; practitioners must ensure subordinate instruments are checked when advising on compliance.
Textual preservation of extraterritorial claims. Section 3(4) provides that nothing in s 3 limits a written law that purports to have effect beyond the outer limits of coastal waters. That means a Territory law may already claim extraterritorial effect; users must assess the scope of particular written laws rather than assuming the Act is the sole source of territorial reach.

These "gotchas" are concrete interpretive and practical traps arising from external definitions, textual importation, delegated regulatory powers and overlapping jurisdictions. Addressing them requires careful cross-referencing to the Commonwealth Coastal Waters (Northern Territory Powers) Act 1980, the Crimes at Sea Act 2000 cooperative scheme (clause 14), the full body of Territory written laws, and any regulations made under s 4.

How to comply

Compliance under this Act is compliance with the Territory written laws as they are applied to coastal waters and, in defined subject areas, to the adjacent area. The following practical steps are grounded in the Act’s provisions and identify actions that operators, advisers and regulators should take.

Determine spatial scope by reference to the Commonwealth definition. Because "coastal waters" and "adjacent area" are defined by the Coastal Waters (Northern Territory Powers) Act 1980 (s 2(1)), the first compliance step is to identify whether the activity site lies within the coastal waters or the adjacent area as defined by that Commonwealth Act. Do not rely solely on maps or intuitive notions of distance; check the legal baselines, outer limits and any statutory descriptions in the Commonwealth Act.
Check whether the activity involves the seabed, subsoil or airspace. Section 2(2) brings these vertical domains within "coastal waters". If your project involves seabed resource extraction, infrastructure fixed to the seabed, subsoil operations or aircraft using the airspace above the waters, include applicable Territory regimes in your compliance analysis.
Identify the Territory written laws and instruments relevant to your activity. Because "law of the Territory" includes subordinate instruments made under Territory laws (s 2(1)), compile the full set of relevant Territory statutes, regulations, licences, approvals and administrative instruments that could apply to your activity. Where a Territory law or instrument imposes licence, reporting, environmental or safety conditions, those conditions apply once the law is given effect in coastal waters by s 3(1).
Examine written laws for contrary intention. For the subject-matter extensions into the adjacent area (subterranean mining from land; ports, harbours, shipping facilities and coastal works), s 3(2) applies relevant written laws to the adjacent area "unless the contrary intention appears in that law". Therefore review the text and legislative history of each relevant written law to detect any express or implied contrary intention that would prevent it from operating beyond coastal waters.
Check the Crimes at Sea cooperative scheme for criminal jurisdiction. If the activity could involve criminal enforcement or conduct that might give rise to criminal investigation in the adjacent area, consult clause 14 of the cooperative scheme under the Crimes at Sea Act 2000. Section 3(3) excludes substantive Territory criminal laws and laws of criminal investigation, procedure and evidence in relation to the adjacent area specified in that clause, so understanding criminal jurisdictional allocation requires consulting the cooperative scheme itself.
Review regulations made under this Act. Section 4(2) permits regulations to specify that particular provisions or classes of provisions of Territory laws do not apply in coastal waters or to specified acts, or to carve out parts or circumstances (s 4(2)). Always refer to the current regulations made by the Administrator under this Act to verify whether particular provisions have been disapplied or modified.
Map enforcement agencies and processes. Because the Act does not create new enforcement structures, identify which Territory agencies enforce the applicable written laws, and confirm their operational remit in coastal waters. Where criminal matters in the adjacent area fall within the Crimes at Sea cooperative scheme, identify which enforcement agencies (Commonwealth and/or State/Territory agencies) have jurisdiction under that scheme.
Audit subordinate instruments and licences. Subordinate instruments that impose ongoing reporting, record-keeping or operational conditions are within the scope of "law of the Territory" (s 2(1)). Ensure licences and approvals have been obtained where required, maintain records that demonstrate compliance, and update compliance registers to reflect the offshore application of those instruments.
Consider cross-jurisdictional obligations. Because Commonwealth laws remain separate (s 2(1)), a full compliance program must include checking Commonwealth maritime, environmental, safety and resource laws that apply offshore. Where both Commonwealth and Territory obligations potentially apply, document how each requirement is satisfied and engage with both sets of regulators where necessary.
Seek regulatory clarification where necessary. Where the territorial scope, regulatory application or a "contrary intention" is unclear, consider seeking a ruling, advisory opinion or administrative clarification from the relevant Territory regulator or legal advice to manage interpretive risk.
Keep changes and amendments under review. The Act has been amended (s 3 was amended by Act No. 72 of 2000; formal amendments in 2018 affected ss 1 and 3), and the Administrator can make regulations under s 4. Maintain procedures to monitor statutory amendments, regulatory notices and any published administrative guidance that affect the application of Territory laws to coastal waters and the adjacent area.

In practical compliance terms, the Act is a jurisdictional switch: the substance of compliance is contained in the Territory written laws, licences and instruments that are imported into coastal waters by s 3(1) and (2), while s 4 and the Crimes at Sea cooperative scheme define the exceptions and the criminal jurisdictional allocation. A compliance programme therefore focuses on identifying applicable Territory instruments, verifying whether any regulations carve back those instruments under s 4, checking for contrary intentions in written laws, and coordinating with Commonwealth regulatory obligations.