Document ID: chunk:federal_register_of_legislation:C2016C00940:section:35:p2
Version: federal_register_of_legislation:C2016C00940
Segment Type: section
Provision Reference: s 35 (pt 2/11)
Character Range: 45760–48725

set out in the communique of that meeting;
Agreed as follows:

ARTICLE 1

USAGE OF TERMS

For the purposes of this Treaty and its Protocols:
     (a) "South Pacific Nuclear Free Zone" means the areas described in Annex 1 as illustrated by the map attached to that Annex;
     (b) "territory" means internal waters, territorial sea and archipelagic waters, the seabed and subsoil beneath, the land territory and the airspace above them;
     (c) "nuclear explosive device" means any nuclear weapon or other explosive device capable of releasing nuclear energy, irrespective of the purpose for which it could be used. The term includes such a weapon or device in unassembled and partly assembled forms, but does not include the means of transport or delivery of such a weapon or device if separable from and not an indivisible part of it;
     (d) "stationing" means emplantation, emplacement, transportation on land or inland waters, stockpiling, storage, installation and deployment.
ARTICLE 2

APPLICATION OF THE TREATY

 1. Except where otherwise specified, this Treaty and its Protocols shall apply to territory within the South Pacific Nuclear Free Zone.

 2. Nothing in this Treaty shall prejudice or in any way affect the rights, or the exercise of the rights, of any State under international law with regard to freedom of the seas.
ARTICLE 3

RENUNCIATION OF NUCLEAR EXPLOSIVE DEVICES

Each Party undertakes:
     (a) not to manufacture or otherwise acquire, possess or have control over any nuclear explosive device by any means anywhere inside or outside the South Pacific Nuclear Free Zone;
     (b) not to seek or receive any assistance in the manufacture or acquisition of any nuclear explosive device;
     (c) not to take any action to assist or encourage the manufacture or acquisition of any nuclear explosive device by any State.
ARTICLE 4

PEACEFUL NUCLEAR ACTIVITIES

Each Party undertakes:
     (a) not to provide source or special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material for peaceful purposes to:
         (i) any non‑nuclear‑weapon State unless subject to the safeguards required by Article III.1 of the NPT, or
         (ii) any nuclear‑weapon State unless subject to applicable safeguards agreements with the International Atomic Energy Agency (IAEA).
      Any such provision shall be in accordance with strict non‑proliferation measures to provide assurance of exclusively peaceful non‑explosive use;
     (b) to support the continued effectiveness of the international non‑proliferation system based on the NPT and the IAEA safeguards system.
ARTICLE 5

PREVENTION OF STATIONING OF NUCLEAR EXPLOSIVE DEVICES

 1. Each Party undertakes to prevent in its territory the stationing of any nuclear explosive device.

 2. Each Party in the exercise of its sovereign rights remains free to decide for itself whether to allow visits by