Document ID: chunk:federal_register_of_legislation:C2024C00644:schedule:1:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: schedule
Provision Reference: sch 1 (pt 1/33)
Character Range: 214209–217224

Schedule 1—Torres Strait Treaty
Section 3

AUSTRALIA and PAPUA NEW GUINEA,
DESIRING to set down their agreed position as to their respective sovereignty over certain islands, to establish maritime boundaries and to provide for certain other related matters, in the area between the two countries including the area known as Torres Strait;
RECOGNISING the importance of protecting the traditional way of life and livelihood of Australians who are Torres Strait Islanders and of Papua New Guineans who live in the coastal area of Papua New Guinea in and adjacent to the Torres Strait;
RECOGNISING ALSO the importance of protecting the marine environment and ensuring freedom of navigation and overflight for each other's vessels and aircraft in the Torres Strait area;
DESIRING ALSO to cooperate with one another in that area in the conservation, management and sharing of fisheries resources and in regulating the exploration and exploitation of seabed mineral resources;
AS good neighbours and in a spirit of cooperation, friendship and goodwill;
HAVE AGREED as follows:

PART 1

DEFINITIONS

ARTICLE 1

Definitions
 1. In this Treaty—

      (a) "adjacent coastal area" means, in relation to Australia, the coastal area of the Australian mainland, and the Australian islands, near the Protected Zone; and, in relation to Papua New Guinea, the coastal area of the Papua New Guinea mainland, and the Papua New Guinea islands, near the Protected Zone;

      (b) "fisheries jurisdiction" means sovereign rights for the purpose of exploring and exploiting, conserving and managing fisheries resources other than sedentary species;

      (c) "fisheries resources" means all living natural resources of the sea and seabed, including all swimming and sedentary species;

      (d) "free movement" means movement by the traditional inhabitants for or in the course of traditional activities;

      (e) "indigenous fauna and flora" includes migratory fauna;

      (f) "mile" means an international nautical mile being 1,852 metres in length;

      (g) "Protected Zone" means the zone established under Article 10;

      (h) "Protected Zone commercial fisheries" means the fisheries resources of present or potential commercial significance within the Protected Zone and, where a stock of such resources belongs substantially to the Protected Zone but extends into an area outside but near it, the part of that stock found in that area within such limits as are agreed from time to time by the responsible authorities of the Parties;

      (i) "seabed jurisdiction" means sovereign rights over the continental shelf in accordance with international law, and includes jurisdiction over low‑tide elevations, and the right to exercise such jurisdiction in respect of those elevations, in accordance with international law;

      (j) "sedentary species" means living organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the