Constitutional Powers (Coastal Waters) Act 1980

Queensland Constitutional Powers (Coastal Waters) Act 1980 Reprinted as in force on 9 September 1994 Reprint No. 1* This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed. Information about this reprint This Act is reprinted as at 9 September 1994. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have been made to— • use standard punctuation consistent with current legislative drafting practice (s 27) • use conjunctives and disjunctives consistent with current legislative drafting practice (s 28) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current legislative drafting practice (s 35) • omit the enacting words (s 42A). This page is specific to this reprint. A table of reprints is included in the endnotes. See endnotes for information about when provisions commenced. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other. Queensland Constitutional Powers (Coastal Waters) Act 1980 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Request for enactment of Commonwealth Act . . . . . . . . . . . . . . . 3 Schedule An Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Endnotes 1 Index to endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Historical context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 s 1 3 s 2 Constitutional Powers (Coastal Waters) Act 1980 Constitutional Powers (Coastal Waters) Act 1980 [reprinted as in force on 9 September 1994] An Act to request the Parliament of the Commonwealth to enact an Act to extend the legislative powers of the States in and in relation to coastal waters WHEREAS it has been agreed between the Government of the Commonwealth and the Governments of the States of Australia that the legislative powers of the States in and in relation to coastal waters should be extended by an Act of the Parliament of the Commonwealth enacted at the request of the Parliaments of the States in pursuance of section 51(xxxviii) of the Constitution of the Commonwealth of Australia. 1 Short title This Act may be cited as the Constitutional Powers (Coastal Waters) Act 1980. 2 Request for enactment of Commonwealth Act The Parliament requests the enactment by the Parliament of the Commonwealth of an Act in, or substantially in, the terms set out in the Schedule. 4 Constitutional Powers (Coastal Waters) Act 1980 Schedule An Act To extend the legislative powers of the States in and in relation to coastal waters WHEREAS, in pursuance of paragraph (xxxviii) of section 51 of the Constitution of the Commonwealth, the Parliaments of all the States have requested the Parliament of the Commonwealth to enact an Act in, or substantially in, the terms of this Act: Be it therefore enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: 1 This Act may be cited as the Coastal Waters (State Powers) Act 1980. 2 This Act shall come into operation on a date to be fixed by proclamation. 3 (1) In this Act— adjacent area in respect of the State means, in relation to each State, the area the boundary of which is described under the heading referring to that State in Schedule 2 to the Petroleum (Submerged Lands) Act 1967 as in force immediately before the commencement of this Act. coastal waters of the State means, in relation to each State— (a) the part or parts of the territorial sea of Australia that is or are within the adjacent area in respect of the State, other than any part referred to in subsection 4(2); and (b) any sea that is on the landward side of any part of the territorial sea of Australia and is within the adjacent area in respect of the State but is not within the limits of the State or of a Territory. 5 Constitutional Powers (Coastal Waters) Act 1980 Schedule (continued) (2) The Acts Interpretation Act 1901, in the form in which it was in force, as amended, immediately before the day on which this Act received the Royal Assent, applies to the interpretation of this Act. 4 (1) For the purposes of this Act, the limits of the territorial sea of Australia shall be the limits existing from time to time, ascertained consistently with the Seas and Submerged Lands Act 1973 and instruments under that Act and with any agreement (whether made before or after the commencement of this Act) for the time being in force between Australia and another country with respect to the outer limit of a particular part of that territorial sea. (2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, references in this Act to the coastal waters of the State do not include, in relation to any State, any part of the territorial sea of Australia that would not be within the limits of that territorial sea if the breadth of that territorial sea had continued to be 3 nautical miles. 5 The legislative powers exercisable from time to time under the constitution of each State extend to the making of— (a) all such laws of the State 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, including laws applying in or in relation to the seabed and subsoil beneath, and the airspace above, the coastal waters of the State; and (b) laws of the State having effect in or in relation to waters within the adjacent area in respect of the State but beyond the outer limits of the coastal waters of the State, including laws applying in or in relation to the seabed and subsoil beneath, and the airspace above, the first mentioned waters, being laws with respect to— (i) subterranean mining from land within the limits of the State; or 6 Constitutional Powers (Coastal Waters) Act 1980 Schedule (continued) (ii) ports, harbours and other shipping facilities, including installations, and dredging and other works, relating thereto, and other coastal works; and (c) laws of the State with respect to fisheries in Australian waters beyond the outer limits of the coastal waters of the State, being laws applying to or in relation to those fisheries 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. 6 Nothing in this Act affects the status of the territorial sea of Australia under international law or the rights and duties of the Commonwealth in relation to ensuring the observance of international law, including the provisions of international agreements binding on the Commonwealth and, in particular, the provisions of the Convention on the Territorial Sea and the Contiguous Zone relating to the right of innocent passage of ships. 7 Nothing in this Act shall be taken to— (a) extend the limits of any State; or (b) derogate from any power existing, apart from this Act, to make laws of a State having extraterritorial effect; or (c) give any force or effect to a provision of a law of a State to the extent of any inconsistency with a law of the Commonwealth or with the Constitution of the Commonwealth of Australia or the Commonwealth of Australia Constitution Act. 7 Constitutional Powers (Coastal Waters) Act 1980 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 Historical context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Constitutional Powers (Coastal Waters) Act 1980 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition o in c = order in council s = section om = omitted sch = schedule orig = original sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SIR = Statutory Instruments Regulation 2002 prec = preceding SL = subordinate legislation pres = present sub = substituted prev = previous unnum = unnumbered 8 Constitutional Powers (Coastal Waters) Act 1980 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. 5 List of legislation Constitutional Powers (Coastal Waters) Act 1980 No. 1 date of assent 24 March 1980 commenced on date of assent 6 Historical context This Act is part of a series of Acts giving effect to an offshore constitutional settlement between the States and the Commonwealth. All States passed Acts asking the Commonwealth Parliament to legislate in, or substantially in, the terms set out in the Schedule to this Act. The Commonwealth Parliament responded by passing the Coastal Waters (State Powers) Act 1980. Reprint No. Amendments to Effective Reprint date 1 none 24 March 1980 9 September 1994 © State of Queensland 2006