Constitutional Powers (Coastal Waters) Act 1979

Several definitional and structural concepts in the instrument determine its legal operation.

• Request mechanism: The South Australian Act uses Parliament’s power to request Commonwealth legislation. Section 2 states the Parliament requests enactment by the Commonwealth "in, or substantially in, the terms set out in the Schedule." That is a political-legal device: the State is not itself purporting to change jurisdictional boundaries, it asks the Commonwealth to exercise its federal legislative power.

• Model Commonwealth Act: The Schedule contains a model federal statute (Coastal Waters (State Powers) Act 1979). That model contains the operative content intended to be enacted by the Commonwealth, including commencement (Schedule, s 2), interpretation provisions (Schedule, s 3), extent of territorial sea and coastal waters (Schedule, s 4), and the State law-making extensions (Schedule, s 5).

• Definitions tied to other legislation: The Schedule defines "adjacent area" by reference to Schedule 2 of the Petroleum (Submerged Lands) Act 1967 "as in force immediately before the commencement of this Act" (Schedule, s 3(1)). It defines "coastal waters of the State" as parts of the territorial sea within that adjacent area, plus any sea landward of those parts that is within the adjacent area but outside State or Territory limits (Schedule, s 3(1)(a) and (b)). The express cross-reference freezes a particular formulation of another Act as of the model Act’s commencement date.

• Territorial sea limits: The Schedule treats the limits of the territorial sea as those "from time to time" ascertained consistently with the Seas and Submerged Lands Act 1973 and instruments under that Act and with any applicable international agreement (Schedule, s 4(1)). That links the scope of coastal waters to instruments and agreements affecting outer limits, while Schedule, s 4(2) imposes a limiting rule if the breadth is determined greater than 3 international nautical miles.

• Extension of State legislative power: The Schedule’s central substantive provision (Schedule, s 5) states that State legislative powers extend to making laws "as could be made by virtue of those powers if the coastal waters of the State, as extending from time to time, were within the limits of the State." It explicitly includes seabed, subsoil and airspace, and separately allows State laws to have effect in waters within the adjacent area beyond the outer limits of coastal waters for specific subject-matter (subterranean mining from land; ports, harbours, coastal works) (Schedule, s 5(a) and (b)). Fisheries laws beyond coastal waters are limited to cases where Commonwealth-State arrangements provide that State law governs (Schedule, s 5(c)).

• Preservation of Commonwealth international role and constitutional primacy: Schedule, s 6 affirms that the Act does not affect the territorial sea's status under international law or the Commonwealth’s duties in relation to international agreements, expressly referencing the Convention on the Territorial Sea and the Contiguous Zone with respect to innocent passage. Schedule, s 7 contains savings preserving State territorial limits, existing extraterritorial legislative powers, and the primacy of Commonwealth law and the Constitution where inconsistency exists.

These concepts combine to create a mechanism whereby State law-making jurisdiction is to be recognised by the Commonwealth in maritime zones defined by existing federal instruments, subject to international obligations and the inconsistency rule. The Schedule is the legal template the South Australian Parliament asks the Commonwealth to adopt; but the State Act itself does not enact those powers.

The text identifies which institutions and private actors will be directly or indirectly affected if the Commonwealth enacts the Schedule in the terms requested.

• State Parliaments: The Schedule explicitly enlarges the legislative competence of each State to make laws as if coastal waters were within the limits of the State (Schedule, s 5). That places law-making power in State legislatures over maritime matters described in Schedule, s 5, subject to the Constitution and any inconsistent Commonwealth law (Schedule, s 7(c)).

• Commonwealth government: The Commonwealth retains responsibility for international obligations and the status of the territorial sea (Schedule, s 6). The Schedule also presupposes instruments and agreements under federal law that determine territorial-sea limits (Schedule, s 4(1)), so the Commonwealth’s role in delimitation and international arrangements remains critical.

• Offshore resource and maritime industries: The Schedule expressly contemplates State laws applying to the sea-bed, subsoil and airspace above coastal waters (Schedule, s 5(a)). It separately contemplates State laws applying to subterranean mining from land, and to ports, harbours, shipping facilities, installations and dredging and other coastal works in the adjacent area beyond coastal waters (Schedule, s 5(b)). As a consequence, entities engaged in petroleum, seabed mineral activity, onshore-to-offshore mining operations (subterranean mining), port operators, dredging contractors and construction firms operating in coastal or adjacent waters can expect to be regulated under State law once the Commonwealth confers the power.

• Fisheries sector: The Schedule provides a narrower effect for fisheries in Australian waters beyond the outer limits of coastal waters, namely only where there is a Commonwealth-State arrangement for management under State law (Schedule, s 5(c)). Fishing industry participants operating outside coastal waters would therefore be affected only to the extent a particular arrangement exists.

• Maritime navigation and shipping operators: Schedule, s 6 preserves the status of the territorial sea under international law with particular reference to rights of innocent passage under the Convention on the Territorial Sea and the Contiguous Zone. Consequently, navigation rights under international law are preserved, and operators should note the Commonwealth’s ongoing role in protecting those rights.

• Legal practitioners, regulators and compliance professionals: The Schedule’s cross-references to other Commonwealth statutes , especially the Petroleum (Submerged Lands) Act 1967 Schedule 2 and the Seas and Submerged Lands Act 1973 , mean that interpretation and application of any State laws enacted under the conferred power will require reading multiple Commonwealth and State instruments together. The Schedule itself freezes one cross-reference "as in force immediately before the commencement of this Act" (Schedule, s 3(1)).

• State and local authorities performing coastal infrastructure functions: Entities responsible for ports, coastal works, dredging, and harbour operations will be subject to State law-making and may find regulatory regimes change if States exercise their expanded competence.

The South Australian Act as enacted does not itself make any of those changes; its effect is to request Commonwealth legislation. If the Commonwealth enacts the Schedule’s terms, the above entities will be those most immediately affected by the transfer/recognition of law-making competence into coastal waters and adjacent areas.

The instrument creates legal rights for States and preserves certain duties and constraints for the Commonwealth and for State law-making. Those are located both in the South Australian Act (which is the request) and in the Schedule’s model Commonwealth Act.

Rights conferred (by the Schedule, intended to be conferred by Commonwealth enactment)

• Right of States to legislate in coastal waters: Schedule, s 5(a) grants that State legislative powers extend to making laws "as could be made by virtue of those powers if the coastal waters of the State, as extending from time to time, were within the limits of the State." That includes laws applying to the sea-bed, subsoil and airspace above coastal waters.
• Right to legislate in adjacent area for specified matters: Schedule, s 5(b) confers rights to make laws having effect in waters within the adjacent area beyond the outer limits of coastal waters for two specific domains: subterranean mining from land (Schedule, s 5(b)(i)) and ports, harbours, shipping facilities, installations and dredging and other coastal works (Schedule, s 5(b)(ii)).
• Fisheries law-making in specified circumstances: Schedule, s 5(c) allows State fisheries laws to apply in Australian waters beyond coastal waters "only to the extent to which those fisheries are, under an arrangement to which the Commonwealth and the State are parties, to be managed in accordance with the laws of the State." This creates a conditional right dependent on intergovernmental arrangement.

Constraints, duties and limitations

• Commonwealth international law duties preserved: Schedule, s 6 explicitly states nothing in the Act affects the territorial sea’s international legal status or the Commonwealth’s duties to ensure observance of international law, including the Convention on the Territorial Sea and the Contiguous Zone’s provisions on innocent passage. The Commonwealth retains a duty to ensure compliance with international obligations.
• Limits tied to Commonwealth instruments and agreements: The definition and scope of coastal waters are tied to "the limits of the territorial sea of Australia" ascertained consistently with the Seas and Submerged Lands Act 1973 and instruments under it and with any agreement with other countries concerning outer limits (Schedule, s 4(1)). This limits the area over which States may effectively legislate.
• 3 nautical mile reference cap: Schedule, s 4(2) places a specific limiting rule: if the breadth of the territorial sea is determined to be greater than 3 international nautical miles, references in the Act to coastal waters do not include parts that would not have been within the territorial sea were the breadth still 3 nautical miles. That creates a de facto cap on the reach of State legislative extension for the additional breadth beyond 3 nm.
• Constitutional and Commonwealth law primacy: The Schedule contains savings that State laws are not to be taken as valid to the extent of inconsistency with Commonwealth law or the Constitution (Schedule, s 7(c)). The Schedule also declares it does not extend the limits of any State (Schedule, s 7(a)) and does not derogate from existing extraterritorial law-making powers (Schedule, s 7(b)).

Duties imposed by the South Australian Act itself

• Request duty: The South Australian Parliament has enacted a statutory request that the Commonwealth legislate in the terms in the Schedule (s 2). This is a present parliamentary act of request rather than a continuing duty. The model Commonwealth Act includes its own commencement mechanism (Schedule, s 2), interpretive rules (Schedule, s 3), and other operational duties if enacted.

Practical legal effect: the Schedule is designed to create a right for State law-making in maritime zones, while imposing limitations to preserve Commonwealth international obligations and the constitutional hierarchy. Any State laws enacted under the conferred power would carry duties of compliance for affected private parties, though specific duties, penalties or enforcement mechanisms are to be supplied by the particular State laws rather than by this instrument itself.

The South Australian Act and the Schedule do not themselves create offences, penalties or a new enforcement agency. They are legislative design instruments that enable States to make laws in specified maritime areas; the enforcement regimes and penal provisions in play will therefore be those found in any State laws subsequently enacted pursuant to the extended powers described in Schedule, s 5.

Key points on enforcement and penalties drawn from the text

• No penal provisions in the request instrument: The South Australian Act’s operative provision is a request to the Commonwealth (s 2). The Schedule likewise frames jurisdictional competence and definitions; it contains no express criminal penalties or enforcement machinery. Consequently, enforcement will depend on the content of State statutes enacted under the conferred powers.
• State laws will supply penalties and enforcement: Since Schedule, s 5 extends the scope of matters States may legislate about, it follows that any penalties and enforcement measures for contravention of those matters must be provided by State legislation. The Schedule does not displace the constitutional requirement that State laws remain consistent with the Constitution and Commonwealth law (Schedule, s 7(c)).
• Interaction with Commonwealth enforcement responsibilities: Schedule, s 6 preserves the Commonwealth’s obligations under international law and references the right of innocent passage. Where international obligations require Commonwealth action or oversight, the Commonwealth may need to enforce, regulate or displace State measures to ensure compliance with treaties. The Schedule does not set out how that enforcement interface operates, only that the Commonwealth’s duties in relation to international law are unaffected.
• Inconsistency and judicial enforcement: Schedule, s 7(c) provides the saving that State provisions inconsistent with Commonwealth law or the Constitution will have no force. Enforcement conflicts between State law and Commonwealth law will therefore be resolved through constitutional operation and, if litigated, by judicial determination of inconsistency. The Schedule itself creates no specialised dispute-resolution or enforcement mechanism.

Practical implications for regulated parties

• Regulated entities should expect penalties and compliance frameworks to be determined by State legislation enacted after Commonwealth recognition of State powers. The nature and severity of offences, fines, licensing regimes, inspection powers, and administrative sanctions will vary by State law.
• Potential enforcement overlap: Because State law-making will operate in maritime zones that remain international in status and where Commonwealth law applies, there is a risk of overlapping regulatory regimes. The Schedule’s inconsistency saving (Schedule, s 7(c)) indicates where conflicts arise Commonwealth law will displace State law, but the Schedule does not address incremental or cooperative enforcement mechanisms between Commonwealth and State agencies.
• Regulatory uncertainty until State laws are enacted: Until the Commonwealth enacts the requested Act and States pass implementing legislation, the applicable penalties and enforcement pathways remain unspecified.

In summary, penalties and enforcement mechanisms are left to subsequent State legislation enacted under the extended powers. The instrument preserves Commonwealth primacy for inconsistency and reserves the Commonwealth’s role in protecting international obligations; it does not itself provide penalties or enforcement procedures.

The Schedule in the Act is constructed to operate in conjunction with multiple other legal instruments, both domestic and international. The instrument is explicit about its cross-links and limits.

Statutory cross-references and their effects

• Petroleum (Submerged Lands) Act 1967, Schedule 2: The Schedule defines "adjacent area in respect of the State" by reference to Schedule 2 of the Petroleum (Submerged Lands) Act 1967 "as in force immediately before the commencement of this Act" (Schedule, s 3(1)). That cross-reference fixes the adjacent area as described in that Commonwealth statute at a particular point in time. The effect is that the geographic scope for the Schedule’s operation depends on that external instrument’s text as it stood immediately before commencement, rather than on later amendments to that Schedule.
• Seas and Submerged Lands Act 1973 and instruments under it: Schedule, s 4(1) states that for purposes of the Act the limits of the territorial sea of Australia shall be "ascertained consistently with the Seas and Submerged Lands Act 1973 and instruments under that Act and with any agreement" relating to outer limits. The Schedule therefore ties the definition of territorial-sea limits to federal instruments and to international agreements, making the scope of State legislative reach contingent on Commonwealth determinations and treaty practice.
• Constitution of the Commonwealth: The Preamble to the Schedule expressly invokes paragraph (xxxviii.) of s 51 of the Constitution as the constitutional basis by which the Parliaments of the States have requested Commonwealth legislation. Schedule, s 7(c) preserves that State laws remain subject to the Commonwealth Constitution and to the primacy of Commonwealth laws where inconsistency exists.
• International law and the Convention on the Territorial Sea and the Contiguous Zone: Schedule, s 6 asserts that nothing in the Act affects the territorial sea's status under international law nor the Commonwealth’s duties to ensure the observance of international law, with particular reference to the Convention’s provisions on innocent passage.

Practical interactions and limits

• Dependency on Commonwealth instruments for geographic scope: Because the coastal-waters concept is tied to territorial-sea limits ascertained under the Seas and Submerged Lands Act 1973 and to agreements, the extent of State law-making will vary as those instruments and agreements change. However, the adjacent-area cross-reference being fixed "as in force immediately before the commencement" means that at least that piece of the geographic framework is frozen at commencement (Schedule, s 3(1)).
• Inconsistency doctrine preserved: Schedule, s 7(c) explicitly preserves the constitutional rule that State laws inconsistent with Commonwealth laws or the Constitution are ineffectual. That interacts with Commonwealth maritime legislation; if the Commonwealth enacts laws covering a matter, the State’s exercise of power under Schedule, s 5 will be constrained to avoid inconsistency.
• Conditional fisheries management: Schedule, s 5(c) connects State fisheries powers beyond coastal waters to "arrangements" between the Commonwealth and States. That means cooperation or formal intergovernmental arrangements are a precondition to State law being applied in that domain beyond coastal waters.
• No abrogation of international rights and obligations: Schedule, s 6 clarifies that Commonwealth-state law interactions must be reconciled with international law. Parties operating under State laws in coastal waters should be mindful that State law cannot override the Commonwealth’s treaty obligations, nor the rights of foreign vessels such as innocent passage under the Convention.

Consequences for statutory interpretation and regulatory coordination

• Courts will be asked to interpret State law in the context of Commonwealth instruments and treaties if disputes arise. The Schedule’s cross-references create textual linkages that domestic courts will use to delimit State reach, applying the inconsistency saving where necessary.
• Regulatory coordination between Commonwealth and State agencies will be necessary in practice to avoid operational conflict, particularly in areas where Commonwealth obligations under international law require uniform national action for navigation, border protection or treaty compliance.

In sum, the instrument is designed to operate alongside Commonwealth maritime legislation and international agreements, but it preserves Commonwealth primacy and ties State reach to federal determinations and arrangements.

The source provides a concise legislative history for the Constitutional Powers (Coastal Waters) Act 1979 in South Australia. The principal Act was assented to and commenced on 16 November 1979 (Legislative history section). No amendments or subsequent subordinate legislation are listed in the material provided.

From the Schedule’s drafting it is clear that the model Commonwealth Act envisaged by the South Australian Parliament would itself have a separate commencement mechanism (Schedule, s 2), and those commencement arrangements could determine when the substantive provisions would come into force if the Commonwealth adopted the Schedule or substantially similar terms. The Schedule also contains a provision freezing the definition of "adjacent area" by reference to the Petroleum (Submerged Lands) Act 1967 "as in force immediately before the commencement of this Act" (Schedule, s 3(1)), which indicates the drafters anticipated the need to lock in the geographic description at a particular temporal point.

The material supplied does not record any subsequent amending Acts, repeal, or variation to the South Australian Act itself. It likewise does not record whether the Commonwealth enacted the Schedule’s Model Act in the terms requested by South Australia. The legislative history section closes with a note directing the reader to the Index of South Australian Statutes or the Government’s legislation website for further information, implying that any later amendments, repeals or subordinate instruments would be recorded in those official repositories.

Practical reading of this history from the provided text

• Principal Act details only: The Act’s entry records its year, number, title, assent and commencement dates (1979, No 68, Constitutional Powers (Coastal Waters) Act 1979; assent and commencement 16.11.1979).
• No internal amendments listed: The supplied legislative history does not show any amendment Acts or schedules amending the South Australian statute.
• External federal action uncertain in the source: The Schedule itself contemplates a Commonwealth Act with its own commencement by proclamation (Schedule, s 2). The source does not state whether the Commonwealth enacted such a law or whether any subsequent Commonwealth amendments altered the intended intergovernmental regime.

Readers needing the up-to-date amendment history or to see whether the Commonwealth enacted the requested model should consult the official indexes and consolidation sources specified in the Act’s notes, since the provided text contains only the initial enactment entry.

The text provided contains no record of litigation relating to the Constitutional Powers (Coastal Waters) Act 1979 or to the Schedule’s model provisions. The legislative history section included in the material lists only the principal Act’s assent and commencement dates and provides no case names or reported decisions.

Potential litigation issues identifiable from the instrument’s text

• Extent of State powers and inconsistency: Schedule, s 5 confers or recognises State power to legislate in coastal and adjacent waters, but Schedule, s 7(c) saves Commonwealth law and the Constitution from inconsistency. Litigation could arise in disputes over whether a particular State law enacted under Schedule, s 5 is inconsistent with Commonwealth law or with constitutional limits. The Schedule anticipates this kind of contest by preserving inconsistency rules, but it does not prescribe dispute-resolution mechanisms; constitutional litigation in federal courts would be the mechanism in practice.
• Interpretation of geographic scope: Schedule, s 3(1) ties the adjacent area to Schedule 2 of the Petroleum (Submerged Lands) Act 1967 "as in force immediately before the commencement of this Act," while Schedule, s 4(1) ties territorial sea limits to the Seas and Submerged Lands Act 1973 and related instruments and agreements. Disputes might arise about the proper geographic scope of coastal waters or the adjacent area, particularly where instruments or agreements change outer limits or where determinations under federal instruments occur. Such disputes could involve judicial interpretation of the cross-referenced federal instruments and of the Schedule’s frozen reference point.
• Fisheries management and intergovernmental arrangements: Schedule, s 5(c) makes State fisheries law beyond coastal waters contingent on Commonwealth-State arrangements. Litigation might challenge whether a particular arrangement exists, its legal effect, or whether State laws purporting to regulate fisheries beyond coastal waters are valid in the absence of such an arrangement.
• International law and navigation rights: Schedule, s 6 emphasises that nothing in the Act affects international law or the Commonwealth’s duties. Conflicts between State measures and international navigation rights (for example, claims about interference with innocent passage) could occasion litigation where Commonwealth obligations are implicated, though the Schedule anticipates the Commonwealth has primary responsibility for such matters.

Because the provided source contains no judicial decisions and no reported litigation history, practitioners should not infer outcomes or precedents from this material. Any assessment of actual litigation risk or of existing case law requires consultation of judicial databases and post-1979 materials not supplied in the text provided.

The Act and its Schedule have several textual features that can produce practical pitfalls for governments, industry participants, and lawyers. These are factual mechanisms in the text rather than policy judgements.

• The South Australian Act is a request, not a unilateral transfer: Section 2 of the South Australian Act merely "requests" the Commonwealth enact the Schedule’s terms. Until the Commonwealth legislates in those terms, no legal extension of State power occurs. Practitioners must not treat the State Act alone as creating or altering jurisdictional competence.

• "In, or substantially in, the terms set out in the Schedule" permits variation: The State’s request is for a Commonwealth Act "in, or substantially in," the Schedule’s terms (s 2). The qualifying phrase "substantially in" gives the Commonwealth room to enact a law that deviates from the exact Schedule wording. That creates implementation risk and legal uncertainty about the eventual content of federal law should it be enacted differently.

• Frozen adjacent-area reference: Schedule, s 3(1) defines "adjacent area" with an express cross-reference to Schedule 2 of the Petroleum (Submerged Lands) Act 1967 "as in force immediately before the commencement of this Act." The literal effect is that the adjacent-area description is locked to that specific version at commencement. Future amendments to the Petroleum Act’s Schedule 2 would not automatically alter the "adjacent area" for purposes of the Schedule, potentially leading to a mismatch between commonly consulted maps and the Schedule’s legal description.

• 3 nautical mile cap: Schedule, s 4(2) contains a limiting rule that if Australia’s territorial sea is determined to be greater than 3 international nautical miles, the Act’s references to coastal waters will not include parts that would not have been within the territorial sea had the breadth remained at 3 nautical miles. Practically, this means that where the territorial sea is extended beyond 3 nm under international or federal determinations, the Schedule treats the additional breadth differently and may prevent State legislative reach into those extra parts. This is a built-in constraint that may be overlooked.

• Fisheries limitation: State power to legislate fisheries beyond coastal waters is conditional upon an arrangement to which the Commonwealth and the State are parties (Schedule, s 5(c)). Absent such an arrangement a State’s attempt to regulate fisheries beyond coastal waters may lack the Schedule’s authorised basis.

• Interplay with Commonwealth international obligations: Schedule, s 6 preserves the Commonwealth’s international-law duties and specifically references innocent passage rights. State laws that affect navigation or foreign-flag vessels may therefore be vulnerable to challenge or displacement if they undermine treaty obligations. The Schedule does not itself specify how such conflicts are to be managed, leaving operational ambiguity.

• Inconsistency risk and supremacy of Commonwealth law: Schedule, s 7(c) reaffirms that State laws inconsistent with Commonwealth law or the Constitution have no force. Industry participants may face duplicative regulation until the relationship between State and Commonwealth regulatory schemes is clarified, potentially increasing compliance costs.

• No enforcement detail in the instrument itself: The Schedule does not create offences, licensing regimes, or enforcement agencies. Those will need to be created by State laws once powers are extended. Parties should not assume penalties or remedies from the Schedule alone.

• Reliance on other federal instruments: The practical geographic and legal scope depends on instruments under the Seas and Submerged Lands Act 1973 and on agreements with other countries (Schedule, s 4(1)). Changes in those federal instruments or new agreements can materially alter the coastal waters covered. The Schedule’s own freezing of the adjacent-area reference adds an additional layer of potential confusion.

These textual features are concrete sources of legal and administrative risk and should be checked carefully during any drafting, compliance planning, or litigation preparation. The source text establishes these mechanisms; resolving their operational implications requires attention to subsequent Commonwealth action and to State legislative choices.

Compliance under the regime envisaged by the Schedule depends on two sequential steps not undertaken by the South Australian Act alone: first, the Commonwealth must enact legislation conferring or recognising the State powers in the terms of the Schedule or substantially similar terms; second, States must exercise those powers by passing operative State laws, regulations and administratively enforceable instruments. The Schedule itself and the South Australian Act provide signposts for necessary compliance actions.

For State actors (parliaments, regulators, departments)

• Monitor Commonwealth action: Because the South Australian Act is a request (s 2), the first compliance step is to track whether and when the Commonwealth enacts the requested Act. The model Communealth Act’s commencement is by proclamation (Schedule, s 2), so watch for a proclamation and the precise terms enacted, including any departures from the Schedule’s wording where the State asked for "substantially" the Schedule’s terms.
• Legislative drafting aligned to Schedule subject-matter: If the Commonwealth enacts the Schedule’s terms, States intending to legislate under the extended powers should ensure their drafts align with Schedule, s 5 subject-matter categories: sea-bed, subsoil and airspace of coastal waters (Schedule, s 5(a)); subterranean mining from land and ports/harbours/dredging/coastal works in adjacent areas (Schedule, s 5(b)); and fisheries measures only where a Commonwealth-State arrangement exists (Schedule, s 5(c)).
• Respect constitutional and Commonwealth law limits: Ensure State laws are carefully drafted to avoid inconsistency with existing Commonwealth legislation or the Constitution, as Schedule, s 7(c) will render inconsistent provisions ineffective. Coordinate with Commonwealth agencies where overlap with federal regulatory schemes or treaty obligations is foreseeable.
• Clarify geographic definitions: The Schedule ties definitions to other federal Acts: "adjacent area" fixed to Petroleum (Submerged Lands) Act 1967 Schedule 2 as in force immediately before commencement (Schedule, s 3(1)), and coastal waters dependent on territorial-sea limits under the Seas and Submerged Lands Act 1973 (Schedule, s 4(1)). State drafters should adopt the same references or, if desirable, create maps and schedules that make the frozen definitions administratively workable.
• Regulate enforcement and penalties: Because the Schedule does not create penalties or enforcement, State drafting must specify offence elements, penalties, license conditions, inspection and enforcement powers, and dispute-resolution mechanisms. Ensure those measures are compatible with the Commonwealth’s international obligations and with existing Commonwealth enforcement where relevant.

For private sector operators (ports, dredging firms, seabed and subsoil resource developers, fisheries)

• Monitor federal and State legislative changes: Watch for Commonwealth enactment of the Schedule’s terms and for subsequent State laws exercising the powers described in Schedule, s 5. Until both steps occur, the legal regime remains as before.
• Map operations against the Schedule’s geographic constructs: Determine whether operations are in "coastal waters" or in the "adjacent area" as defined (Schedule, s 3(1) and s 4). Note the frozen reference to Petroleum (Submerged Lands) Act Schedule 2 and that territorial-sea limits are linked to federal instruments (Schedule, s 4(1)). Where uncertainty exists, seek authoritative maps or legal advice.
• Prepare for multiple regulators and overlapping rules: If States enact laws under Schedule, s 5, expect State licensing, environmental, safety and planning rules to apply in coastal waters and adjacent areas for specified activities. Build compliance programmes that can be adapted to different State regimes and that can accommodate the inconsistency rule where Commonwealth law governs.
• Check fisheries arrangements: For fisheries outside coastal waters, check whether a Commonwealth-State arrangement exists that subjects fisheries management to State law (Schedule, s 5(c)). Absent such an arrangement, State fisheries law should not apply beyond coastal waters under the Schedule’s terms.
• Consider contractual and operational adjustments: Projects involving ports, dredging, onshore-to-offshore mining activity, seabed or subsoil development, and facilities in coastal waters should evaluate licences, permits, insurance and contract terms to ensure they anticipate potential State regulatory requirements and enforcement practices to be introduced following enactment.

For legal and compliance advisers

• Read cross-referenced federal instruments: Any compliance advice must include up-to-date consultation of the Petroleum (Submerged Lands) Act 1967, Schedule 2 as it stood immediately prior to commencement for the adjacent area definition, and the Seas and Submerged Lands Act 1973 instruments that determine territorial limits (Schedule, s 3(1) and s 4(1)).
• Model the inconsistency risk: Advise clients on the possibility that State laws may be subject to displacement by Commonwealth law under Schedule, s 7(c), and on strategic engagement with Commonwealth and State agencies to shape cooperative regulatory arrangements where practical.
• Plan for phased implementation: Because the Schedule contemplates commencement by proclamation and requires State legislative action to operationalise enforcement and penalties, advise clients to phase compliance investments in line with legislative developments rather than treating the request Act as creating immediate obligations.

In every case, compliance is a two-stage, contingent process: watch for Commonwealth enactment and then for State legislation under Schedule, s 5. The Schedule sets categories of subject-matter and geographic references that determine what will be regulated, but it leaves the details of enforcement, penalties and administrative regimes to subsequent State laws.