5Adjacent areas

5 Adjacent areas

(1) For the purposes of this Act, but subject to subsection (2), the adjacent area in respect of a State or the Northern Territory is so much of the area described in Schedule 1 to the Petroleum Act under the heading that refers to that State or Territory as comprises waters of the sea that: (a) are outside the outer limits of the territorial sea of Australia; and (b) are either: (i) within the outer limits of the exclusive economic zone; or (ii) outside those limits but within the outer limits of the continental shelf. (2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, subsection (1) continues to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles. (3) For the purposes of this Act, the Coral Sea area is so much of the area to the east of the adjacent area in respect of Queensland as comprises waters of the sea that are either: (a) within the outer limits of the exclusive economic zone; or (b) outside those limits but within the outer limits of the continental shelf; other than any part of that area that is to the south of the parallel of Latitude 25 South or that is on the landward side of the coastline of any island at mean low water. (4) The provisions of this Act other than subsection (3) apply in relation to the Coral Sea area as if that area were part of the adjacent area in respect of Queensland and references in this Act to the adjacent area in respect of a State shall, in relation to Queensland, be read as including references to the Coral Sea area. (5) For the purposes of this Act, the adjacent area in respect of the Territory of Ashmore and Cartier Islands is so much of the area described in Schedule 1 to the Petroleum Act under the heading that refers to that Territory as comprises waters of the sea that are either: (a) within the outer limits of the exclusive economic zone; or (b) outside those limits but within the limits of the continental shelf. (6) For the purposes of this Act, the adjacent area in respect of the Australian Antarctic Territory is the area adjacent to that Territory having as its inner limit the base lines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as its outer limit the outer limits of the continental shelf. (7) For the purposes of this Act, the adjacent area in respect of an external Territory (other than the Australian Antarctic Territory, Coral Sea Islands Territory and the Territory of Ashmore and Cartier Islands) is the area comprising waters of the sea that are either: (a) adjacent to the coast of that Territory and within the outer limits of the exclusive economic zone; or (b) adjacent to the coast of that Territory and within the outer limits of the continental shelf. (8) For the purposes of subsections (3), (5), (6) and (7), the continental shelf does not include any area of seabed and subsoil that, under an agreement in force between Australia and another country, is not an area over which Australia exercises sovereign rights. (9) For the purposes of this Act, the space above or below an adjacent area shall be deemed to be in that area.