sec.16Coastal waters, and effect of change in baseline

sec.16 Coastal waters, and effect of change in baseline

Subject to this section, the coastal waters of the State are constituted by the first 3 nautical miles of the territorial sea from the baseline. The coastal waters do not include any waters that are inside the baseline. If— a tenure has been granted on the basis that an area is within coastal waters; and there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters; this Act applies as if the area were still within coastal waters. Subsection (3) continues to apply to the area only while the tenure and any successor tenure remains in force. If— an area in the offshore area under the Commonwealth Act is covered by a tenure under the Commonwealth Act; and there is a change to the baseline; and as a result of the change to the baseline, the area— ceases to be within the offshore area under the Commonwealth Act; and falls within coastal waters; this Act does not apply to the area. Subsection (5) continues to apply to the area only while the tenure under the Commonwealth Act and any successor tenure under that Act remains in force. This Act has effect subject to the Mineral Resources Act 1989 , section 4 . In this section— baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth) , section 7 (2) (b) . Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia’s territorial sea baseline published 1988 by the Australian Government Printing Service. The map in schedule 1 shows the coastal waters of the State. (sec.16-ssec.1) Subject to this section, the coastal waters of the State are constituted by the first 3 nautical miles of the territorial sea from the baseline. (sec.16-ssec.2) The coastal waters do not include any waters that are inside the baseline. (sec.16-ssec.3) If— a tenure has been granted on the basis that an area is within coastal waters; and there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters; this Act applies as if the area were still within coastal waters. (sec.16-ssec.4) Subsection (3) continues to apply to the area only while the tenure and any successor tenure remains in force. (sec.16-ssec.5) If— an area in the offshore area under the Commonwealth Act is covered by a tenure under the Commonwealth Act; and there is a change to the baseline; and as a result of the change to the baseline, the area— ceases to be within the offshore area under the Commonwealth Act; and falls within coastal waters; this Act does not apply to the area. (sec.16-ssec.6) Subsection (5) continues to apply to the area only while the tenure under the Commonwealth Act and any successor tenure under that Act remains in force. (sec.16-ssec.7) This Act has effect subject to the Mineral Resources Act 1989 , section 4 . (sec.16-ssec.8) In this section— baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth) , section 7 (2) (b) . Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia’s territorial sea baseline published 1988 by the Australian Government Printing Service. The map in schedule 1 shows the coastal waters of the State.