Document ID: chunk:federal_register_of_legislation:C2024C00638:section:428
Version: federal_register_of_legislation:C2024C00638
Segment Type: section
Provision Reference: s 428
Character Range: 370524–371949

428  State's or external territory's offshore laws apply to mineral exploration and recovery in offshore area
 (1) The laws in force in a State apply to offshore exploration and mining activities in the Commonwealth‑State offshore area for that State.
 (2) An external territory's laws apply to offshore exploration and mining activities in the external territory offshore area for that territory.
 (3) Subsections (1) and (2) apply subject to:
 (a) sections 429 to 434 (inclusive); and
 (b) regulations made for the purposes of subsection (5).
 (4) For the purposes of subsections (1) and (2):
 (a) an external territory's laws are the laws (other than laws of the Commonwealth) that are in force in the external territory; and
 (b) laws include unwritten laws (the common law); and
 (c) laws include instruments that have effect under laws as defined in paragraphs (a) and (b).
 (5) The regulations may provide that a law:
 (a) does not apply under subsection (1) in an offshore area; or
 (b) applies under subsection (1) in an offshore area with the modifications that are specified in the regulations.
 (6) For the purposes of subsection (5), modifications includes additions, omissions and substitutions.
 (7) For the purposes of this section, offshore exploration and mining activities includes all acts, omissions, matters, circumstances and things that arise out of or are otherwise connected with those activities.