sec.3Commonwealth–State agreement (the Offshore Constitutional Settlement)

sec.3 Commonwealth–State agreement (the Offshore Constitutional Settlement)

The Commonwealth and the States have agreed that— Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea. So far as the agreement is about petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982 . The decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State. Other Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement ) are— the Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and the Petroleum (Submerged Lands) Act 1982 . The Seas and Submerged Lands Act 1973 (Cwlth) — declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia. The Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. The Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters. The Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1) , for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State. (sec.3-ssec.1) The Commonwealth and the States have agreed that— Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea. So far as the agreement is about petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982 . The decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State. (sec.3-ssec.2) Other Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement ) are— the Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and the Petroleum (Submerged Lands) Act 1982 . The Seas and Submerged Lands Act 1973 (Cwlth) — declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia. The Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. The Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters. The Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1) , for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State.