Document ID: chunk:federal_register_of_legislation:C2024C00644:schedule:1:p5
Version: federal_register_of_legislation:C2024C00644
Segment Type: schedule
Provision Reference: sch 1 (pt 5/33)
Character Range: 224374–227078

seabed jurisdiction, shall be the line described in Annex 5 to this Treaty. The line so described is shown on the map annexed to this Treaty as Annex 6 and, in part, on the map annexed to this Treaty as Annex 7.
 2. Subject to the provisions of Article 2 of this Treaty, the boundary between the area of sea that is adjacent to and appertains to Australia and the area of sea that is adjacent to and appertains to Papua New Guinea, and in which Australia and Papua New Guinea respectively shall have fisheries jurisdiction, shall be the line described in Annex 8 to this Treaty. The line so described is shown on the map annexed to this Treaty as Annex 6 and, in part, on the maps annexed to this Treaty as Annexes 2 and 7.
 3. In relation to the area bounded by the portion of the line referred to in paragraph 2 of this Article running from the point of Latitude 9 45 24 South, Longitude 142 03 30 East to the point of Latitude 9 40 30 South, Longitude 142 51 00 East and that portion of the line referred to in paragraph 1 of this Article which runs between those two points, exclusive of the territorial seas of the islands of Aubusi, Boigu, Dauan, Kaumag, Moimi, Saibai and Turnagain—

      (a) neither party shall exercise residual jurisdiction without the concurrence of the other Party; and

      (b) the Parties shall consult with a view to reaching agreement on the most effective method of application of measures involving the exercise of residual jurisdiction.
 4. In paragraph 3 of this Article, "residual jurisdiction" means—

      (a) jurisdiction over the area other than seabed jurisdiction or fisheries jurisdiction, including jurisdiction other than seabed jurisdiction or fisheries jurisdiction insofar as it relates to inter alia:
 (i) the preservation of the marine environment;
 (ii) marine scientific research; and
 (iii) the production of energy from the water, currents and winds; and

      (b) seabed and fisheries jurisdiction to the extent that the exercise of such jurisdiction is not directly related to the exploration or exploitation of resources or to the prohibition of, or refusal to authorise, activities subject to that jurisdiction.

PART 3
SOVEREIGNTY AND JURISDICTION—RELATED MATTERS
ARTICLE 5
Existing Petroleum Permit
 1. Where prior to 16 September 1975 Australia has granted an exploration permit for petroleum under Australian law in respect of a part of the seabed over which it ceases by virtue of this Treaty to exercise sovereign rights, and a permittee retains rights in respect of that permit immediately prior to the entry into force of this Treaty, Papua New Guinea, upon application by that permittee, shall offer to that permittee