Document ID: chunk:federal_register_of_legislation:C2024C00800:section:5:p19
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 5 (pt 19/21)
Character Range: 85356–87934

used or is to be used wholly or principally in operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (11)(a)(i) shall be read as not including a reference to a vessel that is used or is to be used wholly or principally in:
 (a) transporting persons or goods to or from a resources installation; or
 (b) manoeuvring a resources installation, or in operations relating to the attachment of a resources installation to the Australian seabed.
 (14) A resources installation shall be taken to be attached to the Australian seabed if:
 (a) the installation:
 (i) is in physical contact with, or is brought into physical contact with, a part of the Australian seabed; and
 (ii) is used or is to be used, at that part of the Australian seabed, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or
 (b) the installation:
 (i) is in physical contact with, or is brought into physical contact with, another resources installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and
 (ii) is used or is to be used, at the place where it is brought into physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.
 (15) Subject to subsection (17), for the purposes of this Act, a sea installation shall be taken to be installed in an adjacent area if:
 (a) the installation is in, or is brought into, physical contact with a part of the seabed in the adjacent area; or
 (b) the installation is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in the adjacent area because of paragraph (a).
 (16) For the purposes of this Act, a sea installation shall be taken to be installed in an adjacent area at a particular time if the whole or part of the installation:
 (a) is in that adjacent area at that time; and
 (b) has been in a particular locality:
 (i) that is circular and has a radius of 20 nautical miles; and
 (ii) the whole or part of which is in that adjacent area;
  for:
 (iii) a continuous period, of at least 30 days, that immediately precedes that time; or
 (iv) one or more periods, during the 60 days that immediately precede that time, that in sum amount to at least 40 days.
 (17) Where a sea installation, being a ship or an aircraft:
 (a) is brought into physical contact with a part of the seabed