SEAS AND SUBMERGED LANDS ACT 1973 - Assented to 4 December 1973 (HISTACT2 CHAP 357 #DATE 04:12:1973)
SEAS AND SUBMERGED LANDS ACT 1973 - TABLE OF PROVISIONS
TABLE
SEAS AND SUBMERGED LANDS ACT 1973 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation 4. Extension to Territories PART II-SOVEREIGNTY AND SOVEREIGN RIGHTS Division 1-The Territorial Sea 5. Definition 6. Sovereignty in respect of territorial sea 7. Limits of territorial sea 8. Declaration of historic bays and historic waters 9. Charts of limits of territorial sea 10. Sovereignty in respect of internal waters Division 2-The Continental Shelf 11. Sovereign rights in respect of continental shelf 12. Limits of continental shelf 13. Charts of limits of continental shelf Division 3-Savings 14. Part II does not affect waters, &c., within State limits 15. Certain property not vested in Commonwealth 16. Saving of other laws SCHEDULE 1 Convention on the Territorial Sea and the Contiguous Zone SCHEDULE 2 Convention on the Continental Shelf
SEAS AND SUBMERGED LANDS ACT 1973 - PREAMBLE
SECT
SEAS AND SUBMERGED LANDS ACT 1973 An Act relating to Sovereignty in respect of certain Waters of the Sea and in respect of the Airspace over, and the Sea-bed and Subsoil beneath, those Waters and to Sovereign Rights in respect of the Continental Shelf and relating also to the Recovery of Minerals, other than Petroleum, from the Sea-bed and Subsoil beneath those Waters and from the Continental Shelf. Preamble. WHEREAS a belt of sea adjacent to the coast of Australia, known as the territorial sea, and the airspace over the territorial sea and the bed and subsoil of the territorial sea, are within the sovereignty of Australia: AND WHEREAS Australia is a party to the Convention on the Territorial Sea and the Contiguous Zone a copy of which in the English language is set out in Schedule 1: AND WHEREAS Australia as a coastal state has sovereign rights in respect of the continental shelf (that is to say, the sea-bed and subsoil of certain submarine areas adjacent to its coast but outside the area of the territorial sea) for the purpose of exploring it and exploiting its natural resources: AND WHEREAS Australia is a party to the Convention on the Continental Shelf a copy of which in the English language is set out in Schedule 2: BE IT THEREFORE ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:-
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 1. Short title.
SECT
PART I-PRELIMINARY 1. This Act may be cited as the Seas and Submerged Lands Act 1973.*
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 2. Commencement.
SECT
2. This Act shall come into operation on the day on which it receives the Royal Assent.*
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 3. Interpretation.
SECT
3. (1) In this Act, unless the contrary intention appears- ''Australia'' includes the Territories to which this Act extends; ''continental shelf'' has the same meaning as in the Convention on the Continental Shelf. (2) In this Act, including section 6, a reference to the territorial sea of Australia is a reference to that territorial sea so far as it extends from time to time.
(3) In this Act, including section 11, a reference to the continental shelf of Australia is a reference to that continental shelf so far as it extends from time to time.
(4) Where a Proclamation is in force under section 7, the territorial sea of Australia shall, for all purposes of this Act, be taken to extend to the limits declared by that Proclamation.
(5) Where a Proclamation is in force under section 12, the continental shelf of Australia shall, for all purposes of this Act, be taken to extend to the limits declared by that Proclamation.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 4. Extension to Territories.
SECT
4. This Act extends to all the Territories, other than the Territory of Papua and the Territory of New Guinea.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 5. Definition.
SECT
PART II-SOVEREIGNTY AND SOVEREIGN RIGHTS Division 1-The Territorial Sea 5. In this Division, ''the territorial sea'' means the territorial sea of Australia.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 6. Sovereignty in respect of territorial sea.
SECT
6. It is by this Act declared and enacted that the sovereignty in respect of the territorial sea, and in respect of the airspace over it and in respect of its bed and subsoil, is vested in and exercisable by the Crown in right of the Commonwealth.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 7. Limits of territorial sea.
SECT
7. (1) The Governor-General may, from time to time, by Proclamation, declare, not inconsistently with Section II of Part I of the Convention on the Territorial Sea and the Contiguous Zone, the limits of the whole or of any part of the territorial sea. (2) For the purposes of such a Proclamation, the Governor-General may, in particular, determine either or both of the following:- (a) the breadth of the territorial sea; (b) the baseline from which the breadth of the territorial sea, or of any part of the territorial sea, is to be measured.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 8. Declaration of historic bays and historic waters.
SECT
8. Where the Governor-General is satisfied- (a) that a bay is an historic bay, he may, by Proclamation, declare that bay to be an historic bay and shall, by the same or another Proclamation, define the sea-ward limits of that bay; or (b) that waters are historic waters, he may, by Proclamation, declare those waters to be historic waters and shall, by the same or another Proclamation, define the limits of those waters.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 9. Charts of limits of territorial sea.
SECT
9. (1) The Minister may cause to be prepared and issued such charts as he thinks fit showing any matter relating to the limits of the territorial sea. (2) In particular, the Minister may cause to be prepared and issued large-scale charts showing the low-water line along the coast and may cause to be shown on such a chart any other matter referred to in sub-section (1).
(3) The mere production of a copy of a paper purporting to be certified by the Minister to be a true copy of a chart prepared under this section is prima facie evidence of any matter shown on the chart relating to the limits of the territorial sea.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 10. Sovereignty in respect of internal waters.
SECT
10. It is by this Act declared and enacted that the sovereignty in respect of the internal waters of Australia (that is to say, any waters of the sea on the landward side of the baseline of the territorial sea) so far as they extend from time to time, and in respect of the airspace over those waters and in respect of the sea-bed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 11. Sovereign rights in respect of continental shelf.
SECT
Division 2-The Continental Shelf 11. It is by this Act declared and enacted that the sovereign rights of Australia as a coastal State in respect of 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.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 12. Limits of continental shelf.
SECT
12. The Governor-General may, from time to time by Proclamation, declare, not inconsistently with the Convention on the Continental Shelf or any relevant international agreement to which Australia is a party, the limits of the whole or any part of the continental shelf of Australia.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 13. Charts of limits of continental shelf.
SECT
13. (1) The Minister may cause to be prepared and issued such charts as he thinks fit showing any matter relating to the limits of the continental shelf of Australia. (2) The mere production of a copy of a paper purporting to be certified by the Minister to be a true copy of a chart prepared under this section is prima facie evidence of any matter shown on the chart relating to the limits of the continental shelf of Australia.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 14. Part II does not affect waters, &c., within State limits.
SECT
Division 3-Savings 14. Nothing in this Part affects sovereignty or sovereign rights in respect of any waters of the sea that are waters of or within any bay, gulf, estuary, river, creek, inlet, port or harbour and- (a) were, on 1st January, 1901, within the limits of a State;and (b) remain within the limits of the State, or in respect of the airspace over, or in respect of the sea-bed or subsoil beneath, any such waters.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 15. Certain property not vested in Commonwealth.
SECT
15. Nothing in this Part shall be taken to vest in the Crown in right of the Commonwealth any wharf, jetty, pier, breakwater, building, platform, pipeline, lighthouse, beacon, navigational aid, buoy, cable or other structure or works.
SEAS AND SUBMERGED LANDS ACT 1973 - SECT. 16. Saving of other laws.
SECT
16. The preceding provisions of this Part- (a) do not limit or exclude the operation of any law of the Commonwealth or of a Territory in force at the date of commencement of this Act or coming into force after that date; and (b) do not limit or exclude the operation of any law of a State in force at the date of commencement of this Act or coming into force after that date, except in so far as the law is expressed to vest or make exercisable any sovereignty or sovereign rights otherwise than as provided by the preceding provisions of this Part. -----------
SEAS AND SUBMERGED LANDS ACT 1973 - SCHEDULE 1
SCH
SCHEDULE 1 Preamble CONVENTION ON THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE The States Parties to this Convention Have agreed as follows: PART I TERRITORIAL SEA Section I. General ARTICLE 1 1. The sovereignty of a State extends, beyond its land territory and its internal waters, to a belt of sea adjacent to its coast, described as the territorial sea. 2. This sovereignty is exercised subject to the provisions of these articles and to other rules of international law. ARTICLE 2 The sovereignty of a coastal State extends to the air space over the territorial sea as well as to its bed and subsoil. Section II. Limits of the territorial sea ARTICLE 3 Except where otherwise provided in these articles, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. ARTICLE 4 1. In localities where the coast line is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight baselines joining appropriate points may be employed in drawing the baseline from which the breadth of the territorial sea is measured. 2. The drawing of such baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the re'gime of internal waters. 3. Baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar installations which are permanently above sea level have been built on them. 4. Where the method of straight baselines is applicable under the provisions of paragraph 1, account may be taken, in determining particular baselines, of economic interests peculiar to the region concerned, the reality and the importance of which are clearly evidenced by a long usage. 5. The system of straight baselines may not be applied by a State in such a manner as to cut off from the high seas the territorial sea of another State. 6. The coastal State must clearly indicate straight baselines on charts, to which due publicity must be given. ARTICLE 5 1. Waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State. 2. Where the establishment of a straight baseline in accordance with article 4 has the effect of enclosing as internal waters areas which previously had been considered as part of the territorial sea or of the high seas, a right of innocent passage, as provided in articles 14 to 23, shall exist in those waters. ARTICLE 6 The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea. ARTICLE 7 1. This article relates only to bays the coasts of which belong to a single State. 2. For the purpose of these articles, a bay is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain landlocked waters and constitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation. 3. For the purpose of measurement, the area of an indentation is that lying between the low-water mark around the shore of the indentation and a line joining the low-water marks of its natural entrance points. Where, because of the presence of islands, an indentation has more than one mouth, the semi-circle shall be drawn on a line as long as the sum total of the lengths of the lines across the different mouths. Islands within an indentation shall be included as if they were part of the water areas of the indentation. 4. If the distance between the low-water marks of the natural entrance points of a bay does not exceed twenty-four miles, a closing line may be drawn between these two low-water marks, and the waters enclosed thereby shall be considered as internal waters. 5. Where the distance between the low-water marks of the natural entrance points of a bay exceeds twenty-four miles, a straight baseline of twenty-four miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length. 6. The foregoing provisions shall not apply to so-called ''historic'' bays, or in any case where the straight baseline system provided for in article 4 is applied. ARTICLE 8 For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system shall be regarded as forming part of the coast. ARTICLE 9 Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea. The coastal State must clearly demarcate such roadsteads and indicate them on charts together with their boundaries, to which due publicity must be given. ARTICLE 10 1. An island is a naturally-formed area of land, surrounded by water, which is above water at high-tide. 2. The territorial sea of an island is measured in accordance with the provisions of these articles. ARTICLE 11 1. A low-tide elevation is a naturally-formed area of land which is surrounded by and above water at low-tide but submerged at high tide. Where a low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea. 2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own. ARTICLE 12 1. Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The provisions of this paragraph shall not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance with this provision. 2. The line of delimitation between the territorial seas of two States lying opposite to each other or adjacent to each other shall be marked on large-scale charts officially recognized by the coastal States. ARTICLE 13 If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-tide line of its banks. Section III. Right of innocent passage Sub-section A. Rules applicable to all ships ARTICLE 14 1. Subject to the provisions of these articles, ships of all States, whether coastal or not, shall enjoy the right of innocent passage through the territorial sea. 2. Passage means navigation through the territorial sea for the purpose either of traversing that sea without entering internal waters, or of proceeding to internal waters, or of making for the high seas from internal waters. 3. Passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or by distress. 4. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with these articles and with other rules of international law. 5. Passage of foreign fishing vessels shall not be considered innocent if they do not observe such laws and regulations as the coastal State may make and publish in order to prevent these vessels from fishing in the territorial sea. 6. Submarines are required to navigate on the surface and to show their flag. ARTICLE 15 1. The coastal State must not hamper innocent passage through the territorial sea. 2. The coastal State is required to give appropriate publicity to any dangers to navigation, of which it has knowledge, within its territorial sea. ARTICLE 16 1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent. 2. In the case of ships proceeding to internal waters, the coastal State shall also have the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to those waters is subject. 3. Subject to the provisions of paragraph 4, the coastal State may, without discrimination amongst foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security. Such suspension shall take effect only after having been duly published. 4. There shall be no suspension of the innocent passage of foreign ships through straits which are used for international navigation between one part of the high seas and another part of the high seas or the territorial sea of a foreign State. ARTICLE 17 Foreign ships exercising the right of innocent passage shall comply with the laws and regulations enacted by the coastal State in conformity with these articles and other rules of international law and, in particular, with such laws and regulations relating to transport and navigation. Sub-section B. Rules applicable to merchant ships ARTICLE 18 1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea. 2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination. ARTICLE 19 1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connexion with any crime committed on board the ship during its passage, save only in the following cases: (a) If the consequences of the crime extend to the coastal State; or (b) If the crime is of a kind to disturb the peace of the country or the good order of the territorial sea; or (c) If the assistance of the local authorities has been requested by the captain of the ship or by the consul of the country whose flag the ship flies; or (d) If it is necessary for the suppression of illicit traffic in narcotic drugs. 2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters. 3. In the cases provided for in paragraphs 1 and 2 of this article, the coastal State shall, if the captain so requests, advise the consular authority of the flag State before taking any steps, and shall facilitate contact between such authority and the ship's crew. In cases of emergency this notification may be communicated while the measures are being taken. 4. In considering whether or how an arrest should be made, the local authorities shall pay due regard to the interests of navigation. 5. The coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connexion with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters. ARTICLE 20 1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship. 2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State. 3. The provisions of the previous paragraph are without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters. Sub-section C. Rules applicable to government ships other than warships ARTICLE 21 The rules contained in sub-sections A and B shall also apply to government ships operated for commercial purposes. ARTICLE 22 1. The rules contained in sub-section A and in article 18 shall apply to government ships operated for non-commercial purposes. 2. With such exceptions as are contained in the provisions referred to in the preceding paragraph, nothing in these articles affects the immunities which such ships enjoy under these articles or other rules of international law. Sub-section D. Rule applicable to warships ARTICLE 23 If any warship does not comply with the regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance which is made to it, the coastal State may require the warship to leave the territorial sea. PART II CONTIGUOUS ZONE ARTICLE 24 1. In a zone of the high seas contiguous to its territorial sea, the coastal State may exercise the control necessary to: (a) Prevent infringement of its customs, fiscal, immigration or sanitary regulations within its territory or territorial sea; (b) Punish infringement of the above regulations committed within its territory or territorial sea. 2. The contiguous zone may not extend beyond twelve miles from the baseline from which the breadth of the territorial sea is measured. 3. Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its contiguous zone beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of the two States is measured. PART III FINAL ARTICLES ARTICLE 25 The provisions of this Convention shall not affect conventions or other international agreements already in force, as between States Parties to them. ARTICLE 26 This Convention shall, until 31 October 1958, be open for signature by all States Members of the United Nations or of any of the specialized agencies, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention. ARTICLE 27 This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. ARTICLE 28 This Convention shall be open for accession by any States belonging to any of the categories mentioned in article 26. The instruments of accession shall be deposited with the Secretary-General of the United Nations. ARTICLE 29 1. This Convention shall come into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations. 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. ARTICLE 30 1. After the expiration of a period of five years from the date on which this Convention shall enter into force, a request for the revision of this Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General of the United Nations. 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request. ARTICLE 31 The Secretary-General of the United Nations shall inform all States Members of the United Nations and the other States referred to in article 26: (a) Of signatures to this Convention and of the deposit of instruments of ratification or accession, in accordance with articles 26, 27 and 28; (b) Of the date on which this Convention will come into force, in accordance with article 29; (c) Of requests for revision in accordance with article 30. ARTICLE 32 The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States referred to in article 26. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention. DONE at Geneva, this twenty-ninth day of April one thousand nine hundred and fifty-eight. (Here follow the signatures of the plenipotentiaries, including the plenipotentiary of Australia.)
SEAS AND SUBMERGED LANDS ACT 1973 - SCHEDULE 2
SCH
SCHEDULE 2 Preamble CONVENTION ON THE CONTINENTAL SHELF The States Parties to this Convention Have agreed as follows: ARTICLE 1 For the purpose of these articles, the term ''continental shelf'' is used as referring (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 metres or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; (b) to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands. ARTICLE 2 1. The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources. 2. The rights referred to in paragraph 1 of this article are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities, or make a claim to the continental shelf, without the express consent of the coastal State. 3. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. 4. The natural resources referred to in these articles consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil. ARTICLE 3 The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters as high seas, or that of the airspace above those waters. ARTICLE 4 Subject to its right to take reasonable measures for the exploration of the continental shelf and the exploitation of its natural resources, the coastal State may not impede the laying or maintenance of submarine cables or pipe lines on the continental shelf. ARTICLE 5 1. The exploration of the continental shelf and the exploitation of its natural resources must not result in any unjustifiable interference with navigation, fishing or the conservation of the living resources of the sea, nor result in any interference with fundamental oceanographic or other scientific research carried out with the intention of open publication. 2. Subject to the provisions of paragraphs 1 and 6 of this article, the coastal State is entitled to construct and maintain or operate on the continental shelf installations and other devices necessary for its exploration and the exploitation of its natural resources, and to establish safety zones around such installations and devices and to take in those zones measures necessary for their protection. 3. The safety zones referred to in paragraph 2 of this article may extend to a distance of 500 metres around the installations and other devices which have been erected, measured from each point of their outer edge. Ships of all nationalities must respect these safety zones. 4. Such installations and devices, though under the jurisdiction of the coastal State, do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea of the coastal State. 5. Due notice must be given of the construction of any such installations, and permanent means for giving warning of their presence must be maintained. Any installations which are abandoned or disused must be entirely removed. 6. Neither the installations or devices, nor the safety zones around them, may be established where interference may be caused to the use of recognized sea lanes essential to international navigation. 7. The coastal State is obliged to undertake, in the safety zones, all appropriate measures for the protection of the living resources of the sea from harmful agents. 8. The consent of the coastal State shall be obtained in respect of any research concerning the continental shelf and undertaken there. Nevertheless, the coastal State shall not normally withhold its consent if the request is submitted by a qualified institution with a view to purely scientific research into the physical or biological characteristics of the continental shelf, subject to the proviso that the coastal State shall have the right, if it so desires, to participate or to be represented in the research, and that in any event the results shall be published. ARTICLE 6 1. Where the same continental shelf is adjacent to the territories of two or more States whose coasts are opposite each other, the boundary of the continental shelf appertaining to such States shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary is the median line, every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured. 2. Where the same continental shelf is adjacent to the territories of two adjacent States, the boundary of the continental shelf shall be determined by agreement between them. In the absence of agreement, and unless another boundary line is justified by special circumstances, the boundary shall be determined by application of the principle of equidistance from the nearest points of the baselines from which the breadth of the territorial sea of each State is measured. 3. In delimiting the boundaries of the continental shelf, any lines which are drawn in accordance with the principles set out in paragraphs 1 and 2 of this article should be defined with reference to charts and geographical features as they exist at a particular date, and reference should be made to fixed permanent identifiable points on the land. ARTICLE 7 The provisions of these articles shall not prejudice the right of the coastal State to exploit the subsoil by means of tunnelling irrespective of the depth of water above the subsoil. ARTICLE 8 This Convention shall, until 31 October 1958, be open for signature by all States Members of the United Nations or of any of the specialized agencies, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention. ARTICLE 9 This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. ARTICLE 10 This Convention shall be open for accession by any States belonging to any of the categories mentioned in article 8. The instruments of accession shall be deposited with the Secretary-General of the United Nations. ARTICLE 11 1. This Convention shall come into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations. 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. ARTICLE 12 1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1 to 3 inclusive. 2. Any Contracting State making a reservation in accordance with the preceding paragraph may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations. ARTICLE 13 1. After the expiration of a period of five years from the date on which this Convention shall enter into force, a request for the revision of this Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General of the United Nations. 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request. ARTICLE 14 The Secretary-General of the United Nations shall inform all States Members of the United Nations and the other States referred to in article 8: (a) Of signatures to this Convention and of the deposit of instruments of ratification or accession, in accordance with articles 8, 9 and 10; (b) Of the date on which this Convention will come into force, in accordance with article 11; (c) Of requests for revision in accordance with article 13; (d) Of reservations to this Convention, in accordance with article 12. ARTICLE 15 The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States referred to in article 8. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention. DONE at Geneva, this twenty-ninth day of April one thousand nine hundred and fifty-eight. (Here follow the signatures of the plenipotentiaries, including the plenipotentiary of Australia.) ------------------------------------------------------------------------------ --
SEAS AND SUBMERGED LANDS ACT 1973 - NOTE
NOTE 1. Act No. 161, 1973; assented to 4 December 1973.
http://www.comlaw.gov.au/Details/C2004C06653
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