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©State of Queensland
An Act to request the Parliament of the C ~ m m ~ n w e a l t h to enact an owers of the tates in and in Act to extend the
relation to Coastal
[ASSENTED TO 24 between the Gove rnments of the Sta legislative powers of the States in and in ters should be extended by an Act of the mmonwealth enacted
States in pursuance of p section 51 of the Constitution of the Comm
h the advic ueensland
in Parliament assembled, and by the authority of the same, as
IT ENAC Y, by and
fOllQW§:--=
1. tle. This Act may be cited as the Constitutional Powers (Coastal Waters) Act 1980.
Act. The Parliament requests the enactment by the Parliament of the Commonwealth of an Act in, or substantially in, the terns set out in the Schedule.
XXVIII.) of section 51 of Preamble.
, the Parliaments of all the States have requested the Parliament of the Commonwealth to enact an Act in, or substantially in, the terns of this Act:
Be it therefore enacted by the Queen, and the Senate and of Representatives of the Commonwealth of Australia, as follows:
1. This Act may be cited as the Coastal Waters (State Powers) Sho*title.
Act 1980.
2 Sch. CONSTITUTIONAL POWERS (COASTAL WATERS) Sch.
ACT 1980
Commencement.
Interpretation.
Extent of territorial sea and coastal waters.
Legislative
!E.
Of2. This Act shall come into operation on a date to be fixed by 3. (1) In this Act-
Proclamation.
~6ad~acent area in respect of each State, the area the
“coastal waters of the State” means, in relation to each State- (a) the part or parts of the territorial sea of Australia t
is or are within the adjacent area in respect of State, other than any part referred to i
(2); and
(b) any sea that is on the landward side of an territorial sea of Australia and is within
area in respect ofthe State but is not within the limits tate or of a Territory.
tation Act 1901, in the form in which it was diately before the day on which this Act t, applies to the interpretation of this Act.
mits of the territorial from time to time, Lands Act 1973
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 ofthe State as could made by virtue of those powers if the coastal waters of State, as extending from time to time, were within the limits of the State, including laws applying in or in relation to the sea-bed and subsoil beneath, and the airspace above, the coastal waters of the State;
(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 sea-bed and subsoil
§eh. CONSTITUTIONAL POWERS (COASTAL WATERS)
ACT 1980 Sch. 3
beneath, and the airspace above, the first-mentioned waters, being Paws with respect to-
(i) subterranean mining from land within the limits of the
(ii) P O ~ ~ S , harbours and sther ship facilities, i n c l ~ ~ i ~ g her works, relating
with respect to fisheries in Australia~
e outer limits of the coastal waters of ws a~plying to OF in relation to those e extent to which those ~sheries are, nt to which the ~ o m ~ o n w e a ~ t h and the State are parties, to be managed in accordance with the laws of the State.
State; or
installations, and dred
ther coastal works; and
6. Nothing in this Act a Australia under i n t e ~ a t i o ~ ~ Commonwealth in relation to ens law, including the pro
the Commonwealth an on the Territorial of innocent pass
othing in this Act shall be taken to- (a) extend the limits of any
(b) derogate from any power existing, apart from to make laws of a State having extra-territorial (c) give any force or e ct to a provision of a law
to the extent of any inconsistency with a law of the Commonwealth or with the C o ~ s t i ~ u t i o n of the
~ o m m o n w e a l t ~ of Australia or the Commonwealth of Australia Constitution Act.
Savings.
By Authority: S. R. HAMPSON, Government Printer, Queensland 67797 (rpre8)
