ELECTRONIC VERSION

OFFSHORE MINERALS BILL 1997 (QLD)

LEGISLATION BULLETIN NO 1/98

HELEN GREGORCZUK

QUEENSLAND PARLIAMENTARY LIBRARY Publications and Resources Section

BRISBANE February 1998 ISSN 1324-860X ISBN 0 7242 7377 8 This Legislation Bulletin was prepared to assist Members in their consideration of the Bill in the Queensland Legislative Assembly. It should not be considered as a complete guide to the legislation and does not constitute legal advice.

The Bulletin reflects the legislation as introduced. The Queensland Legislation Annotations, prepared by the Office of the Queensland Parliamentary Counsel, or the Bills Update, produced by the Table Office of the Queensland Parliament, should be consulted to determine whether the Bill has been enacted and if so, whether the legislation as enacted reflects amendments in Committee. Readers are also directed to the relevant Alert Digest of the Scrutiny of Legislation Committee of the Queensland Parliament.

© Queensland Parliamentary Library, 1998

Copyright protects this publication. Except for purposes permitted by the Copyright Act 1968, reproduction by whatever means is prohibited, other than by Members of the Queensland Parliament in the course of their official duties, without the prior written permission of the Parliamentary Librarian, Queensland Parliamentary Library.

Inquiries should be addressed to: Director, Research Publications & Resources, Queensland Parliamentary Library, Parliament House, George Street, Brisbane. Director: Ms Mary Seefried. (Tel: 3406 7116)

Information about Research Publications can be found on the Internet at: http://www.parliament.qld.gov.au/library/research/index.html CONTENTS

1. PURPOSE...... 1

2. BACKGROUND...... 2

2.1 SOME HISTORY OF MARITIME ENTITLEMENTS & OFFSHORE POWER ...... 2

2.2 OFFSHORE CONSTITUTIONAL SETTLEMENT...... 3 2.2.1 Background to Offshore Constitutional Settlement ...... 3 2.2.2 The Specifics of the Offshore Constitutional Settlement...... 6

3. OFFSHORE MINERALS LEGISLATION ...... 10

3.1 OUTLINE OF PROVISIONS OF THE OFFSHORE MINERALS BILL...... 11 3.1.1 Preliminary Issues...... 12 3.1.2 Interpretation...... 12 3.1.3 Administration of the Commonwealth - State Offshore Area...... 15 3.1.4 Application of the Bill...... 16

3.2 REGULATION OF OFFSHORE EXPLORATION AND MINING - CH 2 ...... 16 3.2.1 Ownership of Minerals Recovered - How Does it Sit with Native Title?...... 16 3.2.2 Tenure Holder and Interference with Other Activities in the Tenure Area...... 17 3.2.3 The Licensing Scheme ...... 17

3.3 CHAPTER 3 - REGISTRATION AND DEALINGS ...... 22

3.4 CHAPTER 4 - ADMINISTRATION ...... 22 3.4.1 Royalties - Part 4.4...... 23

3.5 CHAPTER 5 - APPLICATION OF LAWS & JURISDICTION OF STATE COURTS23

4. CONCLUSION...... 24

BIBLIOGRAPHY ...... 25

APPENDIX - DIAGRAM A - COMMONWEALTH-STATE OFFSHORE AREA...... 27

APPENDIX - DIAGRAM B - COASTAL WATERS OF A STATE...... 29

APPENDIX - DIAGRAM C - MAP OF THE COMMONWEALTH- STATE OFFSHORE AREAS ...... 31

Offshore Minerals Bill 1997 (Qld) Page 1

DATE OF INTRODUCTION: November 19, 1997

PORTFOLIO: Mines & Energy

HANSARD REFERENCE 19 November 1997, SECOND READING: pp 4429-4430

1. PURPOSE

The Offshore Minerals Bill was introduced into Parliament on 19 November 1997 by the Hon TJG Gilmore MLA. The purpose of the Bill is to establish a legislative framework to govern mineral exploration and mining in Queensland’s coastal waters, which reflects the Commonwealth legislation the Offshore Minerals Act 1994, applying in adjacent Commonwealth waters.1

1 Hon TJG Gilmore, Offshore Minerals Bill, Second Reading Speech, Queensland Parliamentary Debates, 19 November 1997, p 4429. Page 2 Offshore Minerals Bill 1997 (Qld)

2. BACKGROUND

Australian sovereignty extends beyond the land and Australia’s internal waters, to a belt of sea around Australia known as the territorial sea.2 The issue of what rights Australia has over and beyond that territorial sea, and the width of the territorial sea have been the subject of a complex matrix of international customary law, multilateral treaties, bilateral agreements and domestic legislation. Further, the fact that Australia is a federation has caused some complexity as to which level of government, state or federal, has jurisdiction over particular waters. Under the Offshore Constitutional Settlement of 1979, the Commonwealth and States agreed that a common offshore mining regime should apply in Commonwealth and State waters. State coastal waters extend three nautical miles from Australia’s territorial sea baseline and Commonwealth waters lie beyond the three nautical miles to the twelve nautical mile limit. Commonwealth waters are administered under various pieces of legislation including the Offshore Minerals Act 1994 (Cth).

2.1 SOME HISTORY OF MARITIME ENTITLEMENTS & OFFSHORE POWER

The Imperial Parliament in England had full extra-territorial power, and this extra- territorial power was formally recognised in relation to the Commonwealth parliament through the Statute of Westminster 1931 (UK) and the Statute of Westminster Adoption Act 1942 (Cth), which adopted retrospectively to the beginning of World War 2, the Statute of Westminster 1931 (UK). Extra-territorial power then is power with respect to activities that take place outside Australia. Broadly speaking, Australia means the land mass of continental Australia and Tasmania and the other islands, the airspace superjacent to these areas and the subsoil and subterranean regions underlying these areas, as well as the internal waters of Australia falling within these areas.3

It may also include the territorial sea, which after 1990 was increased to twelve nautical miles in place of the previous three nautical mile territorial sea.4 In 1979

2 Attorney-General’s Department, Australia’s Territorial Sea Baseline, Australian Government Publishing Service, Canberra, 1988, p 3.

3 Douglas Fisher, Environmental Law, Text & Materials, Law Book Co, Sydney, 1993, p 111.

4 Fisher, p 111. Offshore Minerals Bill 1997 (Qld) Page 3

Australia established a 200 nautical mile fishing zone, whilst in 1983 certain territorial sea baselines were proclaimed by Australia.5

In relation to the states, there was some doubt about their ability to legislate extra- territorially, until the enactment of the Australia Act 1986.6 Prior to 1986 it was recognised that States generally have plenary legislative power, the primary limits being consistency with Commonwealth legislation and some connection with the State enacting it.7 Pearce v Florenca was a key case on the issue, with Gibbs J advocating that the test should be liberally applied, and that legislation should be held valid if there is any real connection, even a remote or general connection between the subject matter of the legislation and the State.8

2.2 OFFSHORE CONSTITUTIONAL SETTLEMENT

In the early 1970s the States challenged in the High Court the assertion of sovereignty by the Commonwealth over the then three nautical mile territorial sea, under the Seas and Submerged Lands Act 1973 (Cth). The High Court upheld the Commonwealth’s assertion of sovereignty. At the 1979 Premiers Conference, the Commonwealth and the States completed the Offshore Constitutional Settlement. The agreement was heralded as marking the end of a difficult problem bedevilling Commonwealth-State relations and as a major coup for co-operative federalism.9

2.2.1 Background to Offshore Constitutional Settlement

Since the mid 1940s the jurisdiction and control over offshore areas ¾ the international law of the sea ¾ has been one of the most significant and fastest developing issues in international law. Technological changes in communication, fishing techniques, and in seabed mining capabilities, have prompted these changes

5 Senator Vanstone, Maritime Legislation Amendment Bill 1993, Second Reading Speech, Senate Parliamentary Debates, 28 October 1993, p 2835.

6 e.g. Australia Act 1986 (Cth), section 2.

7 Pearce v Florenca (1976) 135 CLR 507, per Gibbs J p 517.

8 Pearce v Florenca (1976) 135 CLR 507, per Gibbs J p 518.

9 Attorney General’s Department, Offshore Constitutional Settlement, A Milestone in Co- operative Federalism, Australian Government Publishing Service, Canberra, 1980, p 1. Page 4 Offshore Minerals Bill 1997 (Qld) in the substantive law.10 These developments have been triggered by a sharp increase in the demand for resources, both biological and mineral, of the sea and the seabed. As Morell puts it: Worldwide trends of population increase, industrialisation, and urbanisation have led to greater demand for food, minerals, and energy, and the impact has been particularly severe in fast-growing coastal communities, which have in turn placed unprecedented burdens upon sea resources.11

Technological advances in the 1950s and 1960s made the possibility of deep sea bed mining a possibility, however the uncertainty of the applicable legal regime and the general instability of the various regimes known loosely as the ‘Law of the Sea’, presented a major obstacle to seabed mining.12

In 1953, Australia declared, by Proclamation, its sovereign rights over the continental shelf contiguous to its coast, and in the process enlarged its asserted sovereign authority in the offshore area.13 This jurisdiction was confirmed by the First United Nations Conference on the Law of the Sea (Geneva 1958), at which another four conventions including the Convention on the Continental Shelf, and the Convention on the Territorial Sea and Contiguous Zone were drafted. The Second United Nations Conference on the Law of the Sea in 1960 failed to secure agreement on the two crucial issues left unsettled in 1958 ¾ the extent of the fisheries jurisdiction and the related question of the breadth of the territorial sea.14

This provided some of the context for the lengthy and complicated negotiation of UNCLOS III.

The Third UN Conference on the Law of the Sea

The Third United Nations Conference on the Law of the Sea (UNCLOS III) began in 1973 and was signed in 1982. It did not come into effect until November 1994. In accordance with Article 308, UNCLOS III did not enter into force until 12

10 Attorney General’s Department, Offshore Constitutional Settlement, p 1.

11 James Morell, The Law of the Sea: A Historical Analysis of the 1982 Treaty and Its Rejection by the United States, McFarland & Co Publishers, North Carolina, 1992, p 9.

12 Morell, p 10.

13 Attorney General’s Department, Offshore Constitutional Settlement, p 1.

14 Attorney General’s Department, Offshore Constitutional Settlement, pp 1-2. Offshore Minerals Bill 1997 (Qld) Page 5 months after the 60th ratification; which was deposited in November 1993.15 The Convention which was negotiated over a decade, and produced over 400 articles, represents one of the largest multilateral treaty making conferences in history.16

UNCLOS III has been described as a major restatement on the public order of oceans.17 The objectives of the Convention were to establish a legal order for the oceans which would facilitate international communications and promote the peaceful uses of the seas and oceans, the equitable and efficient utilisation of their resources, the conservation of their living resources and the study, protection and preservation of the marine environment.

Although the Convention was accepted as largely reflective of customary international law, the parts dealing with deep sea bed mining were controversial. For example, the Convention characterised the resources of the deep sea bed as the ‘common heritage of mankind’, which benefited developing countries. As a result the interests of US mining corporations would have been substantially affected by these provisions, and accordingly President Reagan in 1982 announced that the US would not sign UNCLOS.18 This rejection meant there was considerable hesitation among industrialised countries in adhering to the Convention with the result that out of OECD countries only Iceland had ratified the Convention by mid 1994.19

A major part of the Convention deals with the seabed outside national jurisdiction and the principle of the ‘common heritage of mankind’ and with the rules to govern activities such as mineral exploration and scientific research affecting the seabed.20 However, the focus of this paper will be the rules in the Treaty affecting areas within national jurisdiction. The Treaty provides definitions for many of the underlying concepts relevant to the Offshore Minerals legislation.

15 Brian Fitzgerald, ‘Port State Jurisdiction and Marine Pollution under the 1982 UN Convention on the Law of the Sea’, Maritime Studies, May-June 1995, pp 8-12, p 11.

16 Donald Rothwell, ‘The Law of the Sea: An Historical Analysis of the 1982 treaty and its Rejection by the United States’, Book review, Sydney Law Review, 15(1) 1993, pp 112-114, p 112.

17 Fitzgerald, p 10.

18 Rothwell, p 112.

19 Roland Rich, ‘Aspects of the Entry into force of the Law of the Sea Convention’, Maritime Studies, 76, May-June 1994, pp 22-24, p 22.

20 RD Lumb, New Bearings in the Law of the Sea, Inaugural Lecture, University of Queensland Press, Brisbane, 29 April 1981, p 7. Page 6 Offshore Minerals Bill 1997 (Qld)

2.2.2 The Specifics of the Offshore Constitutional Settlement

As mentioned above, the Commonwealth and the States came to a series of arrangements in 1979, known collectively as the Offshore Constitutional Settlement. The purpose of the settlement was to give the States a greater legal and administrative role in offshore areas.21

There are two key elements underpinning the Offshore Constitutional arrangements. Firstly, the States and the Northern Territory were given title to the seabed under the area of “coastal waters”. Coastal waters consist of all waters landward of the three nautical mile limit but do not include pre-federation internal waters, which are within the constitutional limits of a State, for example Sydney Harbour. 22 Secondly, the States and the Northern Territory were given concurrent power to legislate over coastal waters, with the same power to legislate over coastal waters as they would have over their land territory.23

Section 3 of the Queensland Offshore Minerals Bill, reflecting the Commonwealth’s Offshore Minerals Act 1994, outlines the Offshore Constitutional Settlement. The Commonwealth and States agreed that: · Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; · the States should share in the administration of the Commonwealth offshore mining legislation; · State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (i.e. the first three nautical miles of the territorial sea); · the Commonwealth and States should try to maintain common principles, rules and practices in regulating and controlling offshore mining beyond the baseline for Australia’s territorial sea.

21 Australia’s Oceans Policy, Draft 10, 22/2/98, p 5.

22 Australia’s Oceans Policy, p 5.

23 Australia’s Oceans Policy, p 5. Offshore Minerals Bill 1997 (Qld) Page 7

There is a scheme of Commonwealth legislation which is considered to be background to the agreement. These are the: · Seas and Submerged Lands Act 1973 (Cth); · Coastal Waters (State Powers) Act 1980 (Cth); · Coastal Waters (State Title) Act 1980 (Cth); · Petroleum (Submerged Lands) Act 1967 (Cth); · Coastal Waters (Northern Territory Powers) Act 1980 (Cth); · Coastal Waters (Northern Territory Title) Act 1980 (Cth).

Seas & Submerged Lands Act 1973 & Maritime Legislation Amendment Act 1994

The enactment of the Seas and Submerged Lands Act 1973 (Cth) (SASLA) caused some controversy, and was challenged in the High Court by all six states. This Act, rather than creating a regulatory or management system, instead declared the Commonwealth had sovereign rights in respect of the continental shelf, the territorial sea and internal waters.24 The States were particularly concerned about the Commonwealth’s assertion that it was sovereign over the territorial sea (including airspace, sea bed and subsoil), which, according to the Commonwealth, went right up to the low-water mark.25 The majority of the Court however, found the legislation to be valid under the external affairs power both because it was based on international conventions and because the subject matter itself was external to Australia. Barwick CJ26 specifically found that a consequence of the creation of the Commonwealth under the Constitution together with the grant of the external affairs power, was to vest in the Commonwealth any proprietary rights and legislative power which the colonies might have had in the territorial sea, seabed and airspace and continental shelf and incline.27

The consequence of this case for the states was that their power to regulate offshore activities was curtailed. The case upheld the assertion of sovereignty of the Commonwealth right into the low-water mark. The need to readjust this situation provided the impetus for the Offshore Constitutional Settlement. It was recognised

24 Fisher, p 113.

25 Patrick Lane, A Manual of Australian Constitutional Law, 6th ed, Law Book Co, Sydney, 1995, p 113.

26 NSW v Commonwealth (1975) 135 CLR 337 at p 374.

27 NSW v Commonwealth, per Barwick CJ p 374. Contrast Gibbs J at p 388. Page 8 Offshore Minerals Bill 1997 (Qld) that “history, common sense and the sheer practicalities of life mark out the territorial sea, as a matter for local (state) jurisdiction ¼ except on matters of overriding national or international importance”.28 United States and Canadian experience was similar. The Courts in those countries also ruled that the central government’s jurisdiction extended to the low-water mark, and it was also found necessary to make a practical adjustment to the constitutional ruling.29

The Seas and Submerged Lands Act 1973 was amended significantly in 1994 by the Maritime Legislation Amendment Act. Initially the Seas and Submerged Lands Act referred to the 1958 Geneva Conventions on the Continental Shelf and the Convention on the Territorial Sea and the Contiguous Zone. However, given the fact that Australia had signed UNCLOS III, references to these earlier Conventions were deemed no longer appropriate.30 UNCLOS III was accepted as generally being reflective of customary international law (except in relation to its provisions relating to mining of the deep sea bed), and the federal government considered that in relation to maritime zones the Convention should govern Australian practice.31 The reason for the gap between the signing in 1982 and the enactment of this legislation in 1993-4 was that, as mentioned earlier, there was a requirement that to enter into force, the convention needed 60 ratifications, and by September of 1993 it had received 56 ratifications and it appeared likely that UNCLOS would enter into force in the near future.32

Key Concepts in the Seas and Submerged Lands Act 1973 (Cth)

“Territorial Sea” means an area of up to 12 nautical miles measured from the established baselines.33 The baseline in most cases is the lowest astronomical tide along the coast, but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.34 The Act declares that in

28 Attorney-General’s Department, Offshore Constitutional Settlement, p 4.

29 Attorney-General’s Department, Offshore Constitutional Settlement, p 5.

30 Senator Collins, Maritime Legislation Amendment Bill 1993, Second Reading Speech, Senate Debates, 29 September 1993, p 1411.

31 Senator Collins, pp 1411-1412.

32 Senator Collins, p 1411.

33 SASLA 1973, section 3 and UNCLOS 1982, articles 3-5.

34 Australia’s Territorial Sea Baseline, AGPS 1988. Offshore Minerals Bill 1997 (Qld) Page 9 relation to the territorial sea, the airspace over it, its bed and its subsoil, the Commonwealth has sovereignty.35

“Contiguous Zone” means up to 24 nautical miles usually measured from the low- water mark.36 Under international law, the coastal state may, in relation to the contiguous zone, exercise control to prevent infringements of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea, and punish the infringement of those laws.37

“Exclusive economic zone” means an area of up to 200 nautical miles beyond and adjacent to the territorial sea which is subject to the specific legal rights set up under the United Nations Law of the Sea Convention.38 For example Article 56 of UNCLOS outlines the rights, jurisdiction and duties of the coastal State in the exclusive economic zone (EEZ). These include sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources of the waters superjacent to the sea bed and of the sea bed and its subsoil.

“Continental shelf” of a coastal state comprises the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or where the outer edge of the continental margin is in fact shorter than 200 nautical miles, then it is considered to be 200 nautical miles. The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the sea-bed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.39 See the Appendix for a diagrammatic representation of these concepts.

Coastal Waters (State Powers) Act 1980

The Commonwealth Parliament passed this Act upon the request of the States, (based on section 51(38) of the Constitution), to give each State the same powers with respect to the coastal waters of the state (including the seabed) as it would

35 SASLA 1973, section 6. Also UNCLOS 1982, article 2.

36 SASLA 1973 section 3, and UNCLOS 1982 article 33.

37 UNCLOS 1982 article 33.

38 UNCLOS 1982 articles 55 & 57. SASLA 1973, section 3.

39 UNCLOS 1982 article 76. SASLA 1973, section 3. Page 10 Offshore Minerals Bill 1997 (Qld) have if the waters were within the limits of the State.40 Coastal waters of the State means part of the territorial sea and for these purposes is limited to three nautical miles.41 Section 5 of the Act deals with the legislative powers of the State. It declares that the State has legislative powers under its constitution extending to the coastal limits of the state as if they were within the territory of the state.42 Further, the section gives each State powers outside the three mile limit in respect of port- type facilities, underground mining extending from land within a State, and fisheries. Section 6 expressly preserves the status of the territorial sea under international law.

Coastal Waters (State Title) Act 1980

This legislation vests in each State proprietary rights and title in respect of the seabed and space above the seabed of the adjacent territorial sea, limited to three nautical miles, as if that sea bed was within the limits of the State. This title is subject to a number of exclusions, for example the Commonwealth’s rights to use the sea-bed or space above it for communications, navigational aids and defence.43

The Petroleum (Submerged Lands) Act 1967 (Cth) & the Petroleum (Submerged Lands) Act 1982 (Qld)

These statutes set up the framework for the licensing regime relating to the exploration for and recovery of petroleum in coastal waters and offshore areas of the state.

3. OFFSHORE MINERALS LEGISLATION

The Commonwealth Offshore Minerals Act 1994 provides a model for complementary state offshore minerals legislation, which is aimed at providing a common mining code to operate under their respective jurisdictions.44 The Commonwealth Act is based on principles coming from the Offshore

40 Coastal Waters (State Powers) Act 1980, Preamble.

41 Coastal Waters (State Powers) Act 1980, section 4(2).

42 Coastal Waters (State Powers) Act 1980, section 5(a).

43 Coastal Waters (State Title) Act 1980, section 4(2).

44 Senator Robert Ray, Offshore Minerals Bill 1993, Second Reading Speech, Senate Parliamentary Debates, 8 February 1994, p 539. Offshore Minerals Bill 1997 (Qld) Page 11

Constitutional Settlement. Those principles are: · all offshore mineral activity in the Commonwealth area adjacent to a particular state is governed by a joint authority, consisting of the relevant Commonwealth minister and state minister; · the joint authorities are responsible for major decisions relating to titles, such as grants, and refusals, and in the event of disagreement, the Commonwealth minister’s views prevail; · the day to day administration of the Commonwealth legislation is carried out by the relevant state and they are the primary contact point between industry and governments.45

The administration of the minerals regime applying in Commonwealth waters adjacent to Queensland is shared between the Commonwealth and Queensland Governments. This joint administration operates through two institutions, the Joint Authority and the Designated Authority.46 The Joint Authority is composed of the relevant Commonwealth and State Ministers for energy. It administers all offshore minerals activity in Commonwealth waters adjacent to Queensland. The Designated Authority is responsible for the day to day administration of the Commonwealth legislation. Western Australia developed a model Bill to apply in State coastal waters - this model Bill has provided the basis for the development of Queensland’s Offshore Minerals Bill 1997.47

The intention is for the Offshore Minerals Bill 1997 to replace the Mineral Resources Act 1989, as far as the latter applies to coastal waters. That is, the Mineral Resources Act 1989 will continue to apply onshore and in waters which are landward of the territorial sea baseline.48

3.1 OUTLINE OF PROVISIONS OF THE OFFSHORE MINERALS BILL

Chapter 1 of the proposed Act is divided into four parts.

45 Senator Robert Ray, Offshore Minerals Bill 1993, p 539.

46 Hon TJG Gilmore, Offshore Minerals Bill, Second Reading Speech, Queensland Parliamentary Debates, 19 November 1997, p 4429.

47 Hon TJG Gilmore, Offshore Minerals Bill, Second Reading Speech, Queensland Parliamentary Debates, 19 November 1997, p 4430.

48 Hon TJG Gilmore, Offshore Minerals Bill, Second Reading Speech, Queensland Parliamentary Debates, 19 November 1997, p 4430. Page 12 Offshore Minerals Bill 1997 (Qld)

3.1.1 Preliminary Issues

Part 1.1 deals with the constitutional and political background and outlines the basic principles and concepts stemming from the Offshore Constitutional Settlement. Notes on background Acts are included in this part.

3.1.2 Interpretation

Part 1.2 deals with interpretation. Clause 4 provides that any notes, diagrams or maps in the legislation are provided to assist understanding and do not form part of the Act. The dictionary of terms used in the Act are included in Schedule 5. For example, “tenure” means: · an exploration permit; or · a mineral development licence; or · a mining lease; or · a works licence.

Clause 6 deals with shareholders in a tenure and specifies that a person’s share in a tenure is the percentage specified in the offshore mining register. The intention here is to identify the shareholders in a tenure and their percentage holding and to ensure that where a tenure has a number of holders it does not automatically mean that all have equal shares.49 Clause 7 specifies when a tenure or a share in a tenure is transferred. Basically, this is when all or any of the percentages of the interest in a tenure changes. Clause 8 defines the situations where a mining lease or a mineral development licence is a successor tenure. That is, if a holder of an exploration permit applies for and is granted a mineral development licence or a mining lease, these latter tenures over the same area are defined as successor tenures to the exploration permit. This allows for the previous rights of a tenure holder to continue in successor tenures over the life of an offshore minerals project.50

Clause 10 explains how the position on the Earth’s surface is calculated and ensures that all determinations of points will be made by reference to a single geodetic station, the Johnston Geodetic Station in the Northern Territory.51 This is so that it

49 Explanatory Notes, Offshore Minerals Bill 1997, p 1.

50 Explanatory Notes, Offshore Minerals Bill 1997, p 2.

51 Explanatory Notes, Offshore Minerals Bill 1997, p 2. Offshore Minerals Bill 1997 (Qld) Page 13 is possible to determine various positions upon the Continental Shelf as required, for example in determining the position of a boundary of a title area.52

Key Concepts of Act

The second division of Part 1.2 is devoted to basic concepts of the legislation. “Coastal waters of the State” is a key concept, given that it is the area which is the subject of the bill. It is defined in clause 16, as the first three nautical miles of the territorial sea from the baseline. The “baseline” is defined by reference to the SASLA 1973 (Cth) which provides for the governor-general to proclaim the baseline. The current proclamation declares that the baseline is generally the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. Clause 16 also explains the effect on a tenure issued under this Bill where there is a change to the baseline. For example, if the baseline moves landward and the effect is that a tenure is no longer within coastal waters, then the Bill will still apply to the tenure as if it was within coastal waters. However, if the baseline moves seaward and the effect is for a tenure under the Commonwealth Act to move within Queensland’s coastal waters, then the Bill does not apply to the area, for as long as the tenure remains in force. Clause 16(7) refers to a new section 4 of the Mineral Resources Act 1989, which provides for the same effect. That is, if a shift in the baseline towards the land means a tenement53 covered by the jurisdiction of the Mineral Resources Act then encroaches upon coastal waters, then the tenement remains with the Mineral Resources Act 1989 jurisdiction.54 Diagram B in the Appendix B of this paper headed Coastal Waters of a State is useful to refer to.

Sub-blocks

The offshore area for the purposes of the Offshore Minerals legislation is divided into sub-blocks bounded by one degree of latitude and one degree of longitude (Clause 17). The diagram in Schedule 2 illustrates this. In Australia’s offshore areas this results in sub-blocks of about 3.39 sq km at latitude 10 degrees south, reducing to about 2.64 sq km at latitude 40 degrees south.

52 Explanatory Notes, Offshore Minerals Bill 1997, p 2.

53 Note: this term does not appear to be defined in the Mineral Resources Act 1989 (Qld), however seems to have the same meaning as a “tenure” defined in the Bill. See for example Mining Act 1978 (WA), Part IV which deals with “Mining Tenements” rather than “tenures”.

54 Explanatory Notes, Offshore Minerals Bill 1997, p 3. See Schedule 4 of the Offshore Minerals Bill 1997 for a listing of consequential amendments to the Mineral Resources Act 1989, and the new section 4. Page 14 Offshore Minerals Bill 1997 (Qld)

Where there is no existing tenure or any undecided application for a tenure over that sub-block then the Minister can declare that a sub-block is reserved (clause 18). The effect of such declaration is that the sub-block is withdrawn entirely from the operation of the Bill, the intention being to allow sub-blocks to be reserved for conservation or environmental purposes or other reasons.55

Clause 20 deals with tender sub-blocks which defines a tender sub-block as a reserved sub-block which is made available for exploration permit or a mining lease by way of a public invitation to apply for the tenure. A ‘discrete area’ is a group of sub-blocks where all the sub-blocks join each other at least on one side (clause 21).

Minerals, Exploration, Recovery, Tenure Holder, Associates, and Confidential Information

“Mineral” means a naturally occurring substance or mixture of substances. Petroleum, coral limestone, sand, gravel and rock are specifically excluded because they are dealt with under different legislation (clause 22).

“Exploration” includes any activity that is directly related to exploration for minerals. It does not include activities which are carried out by means of tunnels driven under the sea from dry land above the low water mark, if that activity is carried out under the Mineral Resources Act 198956 (clause 23).

“Recovery” means any activity that is directly related to recovery, but excludes mining by undersea tunnels originating from dry land above the low water mark if that activity is carried out under the Mineral Resources Act 1989 (clause 24).

“Tenure Holder” means the person whose name is entered on the offshore mining register (clause 25). The “associates” of the tenure holder can be contractors, sub- contractors, agents or employees (clause 26). Associates are generally those people who are working on activities under the tenure.

“Confidential information” is limited to material provided to the Minister which relates only to the those sub-blocks covered by the tenure and for so long as that tenure or a successor tenure remains in force (clause 27). A similar test applies to confidential samples in clause 28.

55 Explanatory Notes, Offshore Minerals Bill 1997, p 3.

56 Explanatory Notes, Offshore Minerals Bill 1997, p 3. Offshore Minerals Bill 1997 (Qld) Page 15

3.1.3 Administration of the Commonwealth - State Offshore Area

Part 1.3 deals with the administrative aspects of the Commonwealth-State Offshore Area. “Commonwealth-State Offshore Area” means the same thing in this Part as it does in the Commonwealth legislation. Namely, for a State it is the area that is the adjacent area for the state for the purposes of the Petroleum (Submerged Lands) Act 1967 (Cth). The “adjacent area” is worked out by taking an area off the coast of the state that is described in Schedule 2 to that Act (in detailed degrees of longitude and latitude) and then excluding all waters within a line three nautical miles seaward of the territorial sea baseline and also excluding any areas that are beyond the outer limits of the continental shelf. The establishment of the outer limits of Australia’s ocean boundaries is still not finalised in some situations where the continental shelf extends beyond 200 nautical miles. Whilst Australia has no land boundaries with other nations, Australian ocean boundaries meet with those of five other countries: Indonesia, Papua New Guinea, the Solomon Islands, New Zealand, and the subantarctic and tropical French territories.57

Australia has until November of 2004 to submit to the Commission on the Limits of the Continental Shelf, an international body, the scientific data and other material concerning the outer limits of the continental shelf.58 The Commission then must make a determination about those outer limits. Interestingly, the ocean jurisdiction for which Australia will have direct management responsibility may then amount to about 16 million square kilometres, more than twice the continental land area.59 Diagram A in the Appendix titled ‘Commonwealth-State Offshore Area’ illustrates how the Commonwealth-State offshore area relates to the: · territorial sea baseline · the three nautical mile limit (the outer limit of the State’s coastal waters) · the twelve nautical mile limit (the outer limit of the territorial sea); and · the outer limits of the Continental Shelf.

The intention is for State laws to apply to that Commonwealth-State Offshore Area as long as they are not inconsistent with Commonwealth law.

Clause 30 provides for the Minister to perform duties as a member of the Joint Authority, or as the Designated Authority in Commonwealth waters under the Commonwealth Act. Similarly, an officer of the public service with delegated authority under the Commonwealth Act can perform these duties (clause 31).

57 Australia’s Oceans Policy, p 4.

58 Australia’s Oceans Policy, p 4.

59 Australia’s Oceans Policy, p 4. Page 16 Offshore Minerals Bill 1997 (Qld)

3.1.4 Application of the Bill

Exploration for petroleum is specifically excluded from the ambit of the Bill under clause 35. The Bill applies to all natural persons irrespective of having Australian citizenship, or residency in Queensland (clause 37(1)). The Bill applies to all corporations including corporations that are not incorporated in Queensland or corporations that do not carry on business in Queensland (clause 37(2)).

3.2 REGULATION OF OFFSHORE EXPLORATION AND MINING - CH 2

Chapter 2 is the actual mining code itself, which is “written to reflect modern mining administration practice”.60 The intention appears to be to streamline the administrative processes dealing with offshore mining.

Part 2.1 prohibits exploration and mining in offshore areas without appropriate tenures or consents, and outlines the different tenures and consents available under the Act. (clauses 38-39). Extensive notes follow clause 39 describing the content of the various tenures and consents. Generally there are three steps before a tenure comes into force. These are the provisional grant of the tenure; proper acceptance of the grant; and registration of the grant (clause 40(1)).

3.2.1 Ownership of Minerals Recovered - How Does it Sit with Native Title?

Clause 42 states that any minerals recovered by a tenure holder or special purpose consent holder from the appropriate sub-block become the property of the holder. This doesnot apply to the recovery of minerals by a works licence holder. Sub- clause 4 states that the minerals recovered are not subject to the rights of any other person. This reflects the Commonwealth provision. On its face this may appear to be enough to extinguish any native title rights to such minerals, however clause 43 specifically states that native title rights are not extinguished. Notwithstanding this, clause 43 also specifically states that whilst those rights are not extinguished, they are subject to the rights of the tenure or consent holder. This means that the native title rights are subordinate to the tenure holder’s rights during the term of the tenure,61 and that native title could be reactivated once the tenure has expired.

60 Senator Robert Ray, Offshore Minerals Bill 1993, p 539.

61 Explanatory Notes, Offshore Minerals Bill 1997, p 5. Offshore Minerals Bill 1997 (Qld) Page 17

The Queensland Bill has an additional sub-section in clause 43 which does not appear in the Commonwealth Act. It provides that if compensation is payable under the Native Title Act 1993 (Cth) s 23(5)(b), then it is the tenure applicant who is liable to pay it, not the government (clause 43(3)).

3.2.2 Tenure Holder and Interference with Other Activities in the Tenure Area

Clause 44 provides that a tenure holder must not interfere with navigation, native title rights, fishing, or conservation of sea resources to a greater extent than is necessary for the reasonable exercise of the tenure holder’s rights or the performances of the tenure holder’s duties under the tenure or consent.

3.2.3 The Licensing Scheme

Different activities require different consents or tenures. The Bill provides for five kinds of tenure or consent. These are: exploration permits, mineral development licences, mining leases, works licences, and special purpose consents. The Bill deals with these tenures in this order. The Part dealing with each type of tenure begins with a “general division” which is a statement of the activities authorised by that particular tenure, and then deals with applications and grants of the tenure, duration, voluntary surrender, renewal, obligations of the holder, and expiry of the tenure.

Exploration Permits

Part 2.2 of Chapter 2 deals with exploration permits. Exploration permits allow a tenure holder to explore the tenure area for all minerals, except those specifically restricted in the tenure. It also allows the tenure holder to recover samples and carry out associated activities (clause 46). Exploration permits may be granted for sub-blocks that are open for exploration (unreserved sub-block) or sub-blocks that have been previously reserved and which have been released for tender (clause 45).

Exploration permits can be cancelled or not renewed without compensation being payable (clause 47). This covers the situation where the tenure holder breaches a tenure condition; or a provision of the Act or Regulations, or a condition attached to the transfer of a tenure (clauses 130 & 108). Tenure rights can be suspended and later restored under clause 48, where the Minister is satisfied that it is in the public interest to do so. The suspension or restoration must be in writing and notice of it must be given to the tenure holder. The Explanatory Notes offer an example of such public interest considerations e.g. an investigation may need to be conducted to establish whether or not exploration activity in the area is having an adverse impact Page 18 Offshore Minerals Bill 1997 (Qld) on a newly discovered and unique ecological occurrence. Compensation is payable to the tenure holder if the suspension results in an “acquisition of property”.62

Division 2 deals with the details of application for and grant of exploration permits over standard sub-blocks.

Division 3 deals with the details of application for and grant of exploration permits over tender sub-blocks.

Division 4 deals with the duration of exploration permits. The initial term is four years (clause 88), however this can be renewed up to three times (clause 89).

Division 5 deals with voluntary surrender of part of the exploration permit area. The Minister has discretion as to whether to allow a surrender if up to three discrete areas are left. This allows the Minister the opportunity to examine the proposed surrender so as to avoid undue fragmentation of the remaining title area and prevent the tenure holder from encircling or closing off small pockets so as to make it difficult or uneconomic for another applicant to explore such areas (clause 100).63

Division 6 deals generally with the renewal of exploration permits.

Division 7 outlines the sources of obligations associated with exploration permits. Obligations include those in the tenure conditions (clause 117). The Minister can create whatever conditions the Minister considers appropriate, or the Minister may vary, exempt from or suspend conditions (clauses 118, 120, 121). Clause 118 lists examples of conditions . These include: · taking out insurance as required by the Minister · carrying out certain work in relation to the tenure area · repair any damage to the environment caused by activities in the tenure area

Clause 119 provides that apart from the payment of a penalty or lodgement of security, a tenure condition must not require the payment of money to the State.

Work Practices

Clause 123 outlines the standard of care expected of tenure holders. That is, exploration operations are to be carried out at a standard accepted in the industry and other provisions in the Bill require that these standards be subject to

62 This term has the same meaning as that attributed to it in section 51(31) of the Commonwealth Constitution (Clause 49(3)).

63 Explanatory Notes, Offshore Minerals Bill 1997, p 11. Offshore Minerals Bill 1997 (Qld) Page 19 inspections.64 The clause also imposes on the operator the responsibility of securing the safety, health and welfare of individuals engaged in the tenure area, as well as maintaining all structures, equipment and other property in the tenure area in good repair.

Division 8 deals with the expiry of exploration permits. Obligations may still attach to a tenure holder even after the tenure expires, is cancelled or surrendered (clause 131).

Mineral Development Licences

These are known as “retention licences” in the Commonwealth legislation and in the WA draft bill, however in Queensland for consistency with the Mineral Resources Act 1989 (Qld), the term “mineral development licence” is used. It is an intermediate form of tenure, between the exploration licence and the mining licence. Its primary purpose is to allow the holder of an exploration licence to retain for a strictly limited time, title to an area on which: · the holder has identified and evaluated a significant mineral deposit in the exploration licence area; and · mining the deposit is not a commercially viable proposition in the short term; (e.g. because of the political situation, or the need to obtain government approvals in relation to environmental protection, or the prevailing situation in the commodity market for particular minerals, or the need to arrange finance or build up capital reserves, or the need to develop new technology or the impending development of new technology); and65 · there is a reasonable prospect for development in the longer term.

The activities authorised by a mineral development licence are outlined in clause 133. The tenure holder may explore for minerals and recover minerals in the tenure area as long as the recovery of minerals is not part of a commercial mining program, and as long as the minerals are those which are covered by the tenure.

The administrative arrangements for mineral development licences follow the same pattern as those for exploration permits, discussed above. A table of comparable divisions and clauses follows.

64 Explanatory Notes, Offshore Minerals Bill 1997, p 14.

65 See Clause 145 “Grounds for Granting Mineral Development Licence”. See also Note to section 132, Offshore Minerals Act 1994 (Cth). Page 20 Offshore Minerals Bill 1997 (Qld)

Mining Leases

Part 2.4 deals with mining leases. This type of tenure authorises and controls the recovery of minerals, except minerals which might be excluded from the mining lease’s coverage (clauses 192-193). This type of tenure generally has a term of up to 21 years (clause 209).

Works Licences

Part 2.5 of Chapter 2 deals with works licences. A works licence allows tenure- related activities to be carried out on sub-blocks that are outside the area of the exploration permit, mineral development licence, or mining lease concerned.66 This provides for situations where it becomes necessary for the tenure holder to gain access to or make use of areas which are outside the licence area (eg a licence holder may need to construct a wharf or some other structure outside the tenure area in order to support the operations allowed under the licence).67

Special Purpose Consents

Part 2.6 is headed Special Purpose Consents. These are consents for the exclusive purpose of: · scientific investigation; or

· a reconnaissance survey; or

· the collection of small amounts of minerals (clause 315).

Unlike the tenures listed above, the special purpose consent may be granted over areas which may be reserved or are the subject of an existing licence. Clause 316 outlines what a consent holder can or can not do. The main difference between a consent and the other tenures is that it does not give the holder any exclusive rights over the area covered by the consent, nor does it give any preference when it comes to the grant of a licence for the same area (clause 316). The period of the consent is limited to twelve months under clauses 325 and 326.

66 see note to clause 267(1) Offshore Minerals Bill 1997 (Qld).

67 Draft Offshore Minerals Bill (WA), Committee Clause by Clause Notes, p 44. Offshore Minerals Bill 1997 (Qld) Page 21

Comparative Table of Different Tenures under the Licensing Scheme in Ch 2

Part 2.2 Part 2.3 Mineral Part 2.4 Mining Part 2.5 Works Part 2.6 Special Exploration Development Leases Licences Purpose Consents Permits Licences

Division 1 General Division 1 General Division 1 General Division 1 General No divisions are used in this Part e.g. clause 46 e.g. clause 133 e.g. clause 193 e.g. clause 267 but for activities Activities Activities Activities lists activities authorised by a authorised by an authorised by a authorised by a authorised by a special purpose exploration permit mineral mining lease works licence consent see clause development 316 licence

Division 2 - Division 2 - Division 2 - Division 2 - Clauses 317-319 Application for Application for Application for Application for exploration permit mineral mining lease over works licence over standard sub- development standard sub- block licence blocks

Division 3 - N/A Division 3 N/A N/A Application for Application for exploration permit mining lease over over tender sub- tender sub-block block

Division 4 - Division 3 - Division 4 - Division 3 - clause 326 Duration of Duration of Duration of mining Duration of works Exploration Permit mineral lease licence development licence

Division 5 - Division 4 - Division 5 - N/A N/A Voluntary Voluntary Voluntary surrender of part of surrender of part of Surrender of part permit area licence area of mining lease area

Division 6 - Division 5 - Division 6 - Division 4 - N/A Application for Application for Application for Application for renewal of permit renewal of licence renewal of mining renewal of works lease licence

Division 7 - Division 6 - Division 7 - Division 5 - clause 327 Obligations Obligations Obligations Obligations associated with associated with associated with associated with permit licence mining lease works licence

Division 8 - Expiry Division 7 - Expiry Division 8 - Expiry Division 6 - Expiry N/A of Exploration of licence of mining lease of works licence Permit Page 22 Offshore Minerals Bill 1997 (Qld)

The remaining chapters of the Bill provide the framework for offshore mining administration.

3.3 CHAPTER 3 - REGISTRATION AND DEALINGS

This chapter provides for the keeping of a register and the details are to be entered onto it. For example, if a tenure expires, or is renewed, or extended, or is amended by some other document, the Minister must register it (clauses 334-336). However, if there is a caveat in force on a tenure then the Minister must not register the tenure unless the caveat holder consents to the registration; or the Wardens Court orders the Minister to register the person (clause 341(2)). The Wardens Court has various powers under clause 351, which include the power to order the removal of a caveat from a tenure; or order the Minister to register a dealing despite a caveat.

Stamp duty is not chargeable on a tenure or on any instrument that creates, transfers, affects, or otherwise deals with an interest in a tenure (clause 352).

3.4 CHAPTER 4 - ADMINISTRATION

This chapter provides the administrative details of the offshore minerals code such as information management, monitoring and enforcement, inspectors, and tenure fees and royalties.

Inspections of tenure-related premises without a warrant are allowed under clause 379. However, this is subject to the inspection being made at a reasonable time, the inspector producing his or her identity card upon request, and if the premises are residential then the occupier must give his or her consent to the inspection (clause 379(2)-(4)).

Lodgement of securities are dealt with in Division 3 of Part 4.2. These securities may be used to pay for the rectification of any damage which may arise from offshore minerals operations, rehabilitation of the licence area’s environment and the settlement of any outstanding financial obligations.68

Division 4 deals specifically with restoration of the environment. A regulation may provide for the rehabilitation of an area in coastal waters that has been damaged or affected by offshore exploration or mining activities (clause 402)).

68 Draft Offshore Minerals Bill (WA), Committee Clause by Clause Notes, p 63. Offshore Minerals Bill 1997 (Qld) Page 23

3.4.1 Royalties - Part 4.4

Royalties must be paid by the mining lease holder to the Minister for all minerals recovered by the holder under the tenure (clause 429). The rate of the royalty is to be determined by the Minister by instrument in writing (clause 430). The existing arrangement of the State paying 40% of its royalties to the Commonwealth is confirmed under clause 435.

3.5 CHAPTER 5 - APPLICATION OF LAWS & JURISDICTION OF STATE COURTS

The Wardens Court may exercise any jurisdiction that is conferred on the Court by the Offshore Minerals Act 1994 (Cth) (clause 438). The Commonwealth Act in s 439 provides that State courts are invested with federal jurisdiction with respect to matters arising under the Commonwealth Act.

As well, the Commonwealth Act provides in s 428 that the laws in force in a State apply to offshore exploration and mining activities in the Commonwealth-State Offshore Area for that State. The intention here seems to be that Queensland laws can be applied to Commonwealth waters when there is no relevant Commonwealth law on point.69

For example, it has been suggested that the impending environmental protection policy on mining currently being developed by the Queensland Department of Environment will reshape the environmental management regime for onshore mining activities and also provide the basis for the establishment of a complementary environmental management regime in Queensland coastal and adjacent Commonwealth waters.70 However s 428 does not apply in a way that would confer judicial power of the Commonwealth on a Court of the State (s 432 Cth Act). Section 439 of the Commonwealth Act specifically excludes matters arising under s 428. That is, state courts are only vested with federal jurisdiction in situations not arising under s 428 or other sections of Part 5.1 of the Commonwealth Act. Presumably, this is so that in accordance with the Commonwealth Constitution, it is only the federal parliament which vests State Courts with federal judicial power and in this case, only in relation to matters under the Offshore Minerals legislation.

Regulation making power is vested in the Governor, who may make regulations under the Bill to assist in the proper administration of the Bill (clause 441). Until

69 Hon TG Gilmore, Offshore Minerals Bill, Second Reading Speech, p 4430.

70 Hon TG Gilmore, Offshore Minerals Bill, Second Reading Speech, p 4430. Page 24 Offshore Minerals Bill 1997 (Qld) the Governor in Council makes a regulation for example, about the protection of the environment, or the remedying of damage caused to the seabed or subsoil in coastal waters by the escape of substances as a result of offshore exploration and mining activities, then the relevant regulations under the Environmental Protection Act 1994 and the Mineral Resources Act 1989 apply to those matters (clause 441(7)).

4. CONCLUSION

The Offshore Minerals Bill 1997 (Qld) deals with the mining regime governing mineral exploration and mining in Queensland’s coastal waters. The intention behind the Bill is to mirror Commonwealth legislation applying in the adjacent Commonwealth waters, and in the process simplify the administrative arrangements dealing with offshore mining. This is particularly for projects which straddle both jurisdictions. The Queensland Bill although closely following the Commonwealth and Western Australian model has been modified slightly to suit Queensland conditions, and is intended to fulfil Queensland’s obligations under the Offshore Constitutional Settlement. Offshore Minerals Bill 1997 (Qld) Page 25

BIBLIOGRAPHY

MONOGRAPHS

· Attorney General’s Department, Offshore Constitutional Settlement, A Milestone in Co-operative Federalism, Australian Government Publishing Service, Canberra, 1980.

· Attorney-General’s Department, Australia’s Territorial Sea Baseline, Australian Government Publishing Service, Canberra, 1988.

· Fisher D, Environmental Law, Text & Materials, Law Book Co, Sydney, 1993, p 111.

· Lane P, A Manual of Australian Constitutional Law, 6th ed, Law Book Co, Sydney, 1995.

· Lumb RD, New Bearings in the Law of the Sea, Inaugural Lecture, University of Queensland Press, Brisbane, 29 April 1981.

· Morell J, The Law of the Sea: A Historical Analysis of the 1982 Treaty and Its Rejection by the United States, McFarland & Co Publishers, North Carolina, 1992.

· Wang JCF, Handbook on Ocean Politics and Law, Greenwood, New York, 1992.

MINISTERIAL SPEECHES AND STATEMENTS

· Collins Senator, Maritime Legislation Amendment Bill 1993, Second Reading Speech, Senate Debates, 29 September 1993.

· Gilmore Hon TJG, Offshore Minerals Bill, Second Reading Speech, Queensland Parliamentary Debates, 19 November 1997.

· Gilmore Hon TJG, Offshore Minerals Bill, Second Reading Speech, Queensland Parliamentary Debates, 19 November 1997.

· Ray Senator R, Offshore Minerals Bill 1993, Second Reading Speech, Senate Parliamentary Debates, 8 February 1994.

· Vanstone Senator, Maritime Legislation Amendment Bill 1993, Second Reading Speech, Senate Parliamentary Debates, 28 October 1993. Page 26 Offshore Minerals Bill 1997 (Qld)

CASES

· NSW v Commonwealth (1975) 135 CLR 337.

· Pearce v Florenca (1976) 135 CLR 507, per Gibbs J.

JOURNAL ARTICLES

· Fitzgerald B, ‘Port State Jurisdiction and Marine Pollution under the 1982 UN Convention on the Law of the Sea’, Maritime Studies, May-June 1995, pp 8-12.

· Rich R, ‘Aspects of the Entry into force of the Law of the Sea Convention’, Maritime Studies, 76, May-June 1994, pp 22-24.

· Rothwell D, ‘The Law of the Sea: An Historical Analysis of the 1982 treaty and its Rejection by the United States’, Book review, Sydney Law Review, 15(1) 1993, pp 112-114.

LEGISLATION · Australia Act 1986 (Cth). · Coastal Waters (Northern Territory Powers) Act 1980 (Cth) · Coastal Waters (Northern Territory Title) Act 1980 (Cth) · Coastal Waters (State Powers) Act 1980 (Cth) · Coastal Waters (State Title) Act 1980 (Cth) · Environmental Protection Act 1994 (Qld) · Maritime Legislation Amendment Act 1994 (Cth) · Mineral Resources Act 1989(Qld) · Mining Act 1978 (WA) · Native Title Act 1993 (Cth) · Offshore Minerals Act 1994 (Cth) · Offshore Minerals Bill (WA) (Draft) · Offshore Minerals Bill 1997 (Qld) · Petroleum (Submerged Lands) Act 1967 (Cth) · Petroleum (Submerged Lands) Act 1982 (Qld) · Seas and Submerged Lands Act 1973 (Cth) · Statute of Westminster Adoption Act 1942 (Cth) Offshore Minerals Bill 1997 (Qld) Page 27

APPENDIX - DIAGRAM A - COMMONWEALTH-STATE OFFSHORE AREA

Source: OffshoreMinerals Act 1994 (Cth) Page 28 Offshore Minerals Bill 1997 (Qld) Offshore Minerals Bill 1997 (Qld) Page 29

APPENDIX - DIAGRAM B - COASTAL WATERS OF A STATE

Source: OffshoreMinerals Act 1994 (Cth) Page 30 Offshore Minerals Bill 1997 (Qld) Offshore Minerals Bill 1997 (Qld) Page 31

APPENDIX - DIAGRAM C - MAP OF THE COMMONWEALTH - STATE OFFSHORE AREAS

Source: OffshoreMinerals Act 1994 (Cth)