Document ID: chunk:federal_register_of_legislation:C2004A04696:body:0:p2
Version: federal_register_of_legislation:C2004A04696
Segment Type: other
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Character Range: 2662–5626

paragraph and substituting the following paragraph:

     "AND WHEREAS Australia as a coastal state has:

       (a) sovereign rights in respect of the waters, the sea-bed and the subsoil that constitute the exclusive economic zone of Australia for the purposes of:

        (i) exploring the zone; and

           (ii) exploiting, conserving and managing the natural resources of the zone; and

       (b) sovereign rights with regard to other activities for the economic exploitation and exploration of the exclusive economic zone of Australia, such as the production of energy from water, currents and winds; and

     (c) jurisdiction in accordance with international law in relation to:

           (i) the establishment and use of artificial islands, installations and structures in the exclusive economic zone; and

           (ii) marine scientific research in the exclusive economic zone; and

           (iii) the protection and preservation of the marine environment in the exclusive economic zone; and

       (d) other rights and duties in relation to the exclusive economic zone provided for in the United Nations Convention on the Law of the Sea:";

     (b) by omitting the fourth paragraph and substituting the following paragraph:

     "AND WHEREAS Australia as a coastal state has the right under international law to exercise control within a contiguous zone to:

        (a) prevent infringements of customs, fiscal, immigration or sanitary laws within Australia or the territorial sea of Australia;

     (b) to punish infringements of those laws:".

Interpretation

  6. Section 3 of the Principal Act is amended:

    (a) by omitting "the Convention on the Continental Shelf" from the definition of "continental shelf" in subsection (1) and substituting "paragraph 1 of Article 76 of the Convention";

  (b) by inserting in subsection (1) the following definitions:

     " 'contiguous zone' has the same meaning as in Article 33 of the Convention;

     'exclusive economic zone' has the same meaning as in Articles 55 and 57 of the Convention;

     'territorial sea' has the same meaning as in Articles 3 and 4 of the Convention;

     'the Convention' means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982 (Parts II, V and VI of which are set out in the Schedule).".

  (c) by inserting after subsection (2) the following subsection:

     "(2A) In this Act, including section 10A, a reference to the exclusive economic zone of Australia is a reference to that zone so far as it extends from time to time.";

  (d) by inserting after subsection (3) the following subsection:

     "(3A) In this Act, including section 13A, a reference to the contiguous zone of Australia is a reference to that zone so far as it extends from time to time.";

  (e) by inserting after subsection (4) the following subsection:

    "(4A) If a Proclamation is in force under section 10B, the exclusive economic