Seas and Submerged Lands
Act 1973

No. [161] of 1973

[JB]

Seas and Submerged Lands
Act 1973

No. [161] of 1973

table of provisions

Preamble

Part I—Preliminary

Section
	1.	.Short title
	2.	Commencement
	3.	Interpretation
	4.	Extension to Territories

Part II—Sovereignty and Sovereign Rights
Division 1—The Territorial Sea

	5.	Definition
	6.	Sovereignty in respect of territorial sea
	7.	Limits of territorial sea
	8.	Declaration of historic bays and historic waters
	9.	Charts of limits of territorial sea
	10.		Sovereignty in respect of internal waters

Division 2—The Continental Shelf

	11.		Sovereign rights in respect of continental shelf
	12.		Limits of continental shelf
	13.		Charts of limits of continental shelf

Division 3—Savings

	14.		Part II does not affect waters, &c., within State limits
	15.		Certain property not vested in Commonwealth
	16.		Saving of other laws

Schedule 1

Convention on the Territorial Sea and the Contiguous Zone

Schedule 2

Convention on the Continental Shelf

			

Seas and Submerged Lands
Act 1973

No. [161] of 1973

										

AN ACT

Relating to Sovereignty in respect of certain Waters of the
Sea and in respect of the Airspace over, and the Sea-bed
and Subsoil beneath, those Waters and to Sovereign Rights
in respect  of  the  Continental  Shelf and relating also to the		
	Recovery of Minerals, other than Petroleum, from the
Sea-bed and Subsoil beneath those Waters and from the
Continental Shelf.

		WHEREAS a belt of sea adjacent to the coast of Australia, known
as the territorial sea, and the airspace over the territorial sea and the bed
and subsoil of the territorial sea, are within the sovereignty of Australia:
	Preamble.	

	5
		And whereas Australia is a party to the Convention on the Territorial
Sea and the Contiguous Zone a copy of which in the English language
is set out in Schedule 1:

	10		And whereas Australia as a coastal state has sovereign rights in
respect of the continental shelf (that is to say, the sea-bed and subsoil of
certain submarine areas adjacent to its coast but outside the area of the
territorial sea) for the purpose of exploring it and exploiting its natural
resources:
		
		And whereas Australia is a party to the Convention on the Continental
Shelf a copy of which in the English language is set out in Schedule 2: 

2	No.  				Seas and Submerged Lands		1973
		
		be it therefore enacted by the Queen, the Senate and the
House of Representatives of Australia, as follows:—

	Part I—Preliminary
		
Short title.		1.  This Act may be cited as the Seas and Submerged Lands Act 1973.
		
Commence-
ment.		2.  This Act shall come into operation on the day on which it receives
the Royal Assent.
	5	
Interpreta-
tion.		3.  (1)  In this Act, unless the contrary intention appears—		
		“Australia” includes the Territories to which this Act extends;
	“continental shelf” has the same meaning as in the Convention on
		the Continental Shelf.	

10	
		(2)  In this Act, including section 6, a reference to the territorial sea
of Australia is a reference to that territorial sea so far as it extends from
time to time.
	(3)  In this Act, including section 11, a reference to the continental
shelf of Australia is a reference to that continental shelf so far as it extends
from time to time.	

15	
		(4)  Where a Proclamation is in force under section 7, the territorial
sea of Australia shall, for all purposes of this Act, be taken to extend
to the limits declared by that Proclamation.		
		(5)  Where a Proclamation is in force under section 12, the continental
shelf of Australia shall, for all purposes of this Act, be taken to extend to
the limits declared by that Proclamation.
	20	
Extension to
Territories.		4.  This Act extends to all the Territories, other than the Territory of
Papua and the Territory of New Guinea.
		
	Part II—Sovereignty and Sovereign Rights
Division 1—The Territorial Sea
	25	
Definition.		5.  In this Division, “the territorial sea” means the territorial sea of
Australia.
		
Sovereignty
in respect of
territorial
sea.		6.  It is by this Act declared and enacted that the sovereignty in respect
of the territorial sea, and in respect of the airspace over it and in respect
of its bed and subsoil, is vested in and exercisable by the Crown in right
of the Commonwealth.
	
30	
Limits of
territorial
sea.		7.  (1)  The Governor-General may, from time to time, by Proclama-
tion, declare, not inconsistently with Section II of Part I of the Convention
on the Territorial Sea and the Contiguous Zone, the limits of the whole
or of any part of the territorial sea.

35	

	1973		Seas and Submerged Lands	No.
		3	
		(2)  For the purposes of such a Proclamation, the Governor-General
may, in particular, determine either or both of the following:—		

5		(a)  the breadth of the territorial sea;
	(b)  the baseline from which the breadth of the territorial sea, or of
any part of the territorial sea, is to be measured.
		
		8.  Where the Governor-General is satisfied—		

10	
	(a)  that a bay is an historic bay, he may, by Proclamation, declare
that bay to be an historic bay and shall, by the same or another
Proclamation, define the sea-ward limits of that bay; or
	(b)  that waters are historic waters, he may, by Proclamation, declare
those waters to be historic waters and shall, by the same or another
Proclamation, define the limits of those waters.
	Declaration
of historic
bays and
historic
waters.	

15		9.  (1)  The Minister may cause to be prepared and issued such charts
as he thinks fit showing any matter relating to the limits of the territorial
sea.
	Charts of 
limits of
territorial
sea.	
		(2)  In particular, the Minister may cause to be prepared and issued
large-scale charts showing the low-water line along the coast and may
cause to be shown on such a chart any other matter referred to in
sub-section (1).
		
20		(3)  The mere production of a copy of a paper purporting to be
certified by the Minister to be a true copy of a chart prepared under this
section is prima facie evidence of any matter shown on the chart relating
to the limits of the territorial sea.

25		10.  It is by this Act declared and enacted that the sovereignty in
respect of the internal waters of Australia (that is to say, any waters of
the sea on the landward side of the baseline of the territorial sea) so far as
they extend from time to time, and in respect of the airspace over those
waters and in respect of the sea-bed and subsoil beneath those waters, is
vested in and exercisable by the Crown in right of the Commonwealth.	Sovereignty
in respect of
internal
waters.	

30	
Division 2—The Continental Shelf

		11.  It is by this Act declared and enacted that the sovereign rights of
Australia as a coastal State in respect of the continental shelf of Australia,
for the purpose of exploring it and exploiting its natural resources, are
vested in and exercisable by the Crown in right of the Commonwealth.
	Sovereign
rights in
respect of
continental
shelf.	
35
		12.  The Governor-General may, from time to time by Proclamation,
declare, not inconsistently with the Convention on the Continental Shelf
or any relevant international agreement to which Australia is a party, the
limits of the whole or any part of the continental shelf of Australia.	Limits of
Continental
shelf.	

4	No.  				Seas and Submerged Lands		1973
		
Charts of
limits of
continental
shelf.		13.  (1)  The Minister may cause to be prepared and issued such charts
as he thinks fit showing any matter relating to the limits of the continental
shelf of Australia.

		(2)  The mere production of a copy of a paper purporting to be certified
by the Minister to be a true copy of a chart prepared under this section
is prima facie evidence of any matter shown on the chart relating to the
limits of the continental shelf of Australia.

Division 3—Savings
	
5	
Part II does
not affect
waters, &c.,
within State
limits.		14.  Nothing in this Part affects sovereignty or sovereign rights in
respect of any waters of the sea that are waters of or within any bay, gulf,
estuary, river, creek, inlet, port or harbour and—

	(a)  were, on 1st January, 1901, within the limits of a State; and
	(b)  remain within the limits of the State,
or in respect of the airspace over, or in respect of the sea-bed or subsoil
beneath, any such waters.
	
10

15	
Certain
property not
vested in
Common-
wealth.		15.  Nothing in this Part shall be taken to vest in the Crown in right
of the Commonwealth any wharf, jetty, pier, breakwater, building,
platform, pipeline, lighthouse, beacon, navigational aid, buoy, cable or
other structure or works.
		
Saving of
other laws..		16.  The preceding provisions of this Part—	20
20	
		(a)  do not limit or exclude the operation of any law of the Common-
wealth or of a Territory in force at the date of commencement of
this Act or coming into force after that date; and
	(b)  do not limit or exclude the operation of any law of a State in force
at the date of commencement of this Act or coming into force
after that date, except in so far as the law is expressed to vest or
make exercisable any sovereignty or sovereign rights otherwise
than as provided by the preceding provisions of this Part.

25	

	1973		Seas and Submerged Lands	No.
		5	
						SCHEDULE 1	Preamble
		
	CONVENTION ON THE TERRITORIAL SEA AND THE
CONTIGUOUS ZONE
		
	The States Parties to this Convention
Have agreed as follows:
		
	Part I		
	TERRITORIAL SEA		
	Section I. General
		
	Article 1
		
		1.  The sovereignty of a State extends, beyond its land territory and its internal waters,
to a belt of sea adjacent to its coast, described as the territorial sea.
		
		2.  This sovereignty is exercised subject to the provisions of these articles and to other rules
of international law.
.		
	Article 2
		
		The sovereignty of a coastal State extends to the air space over the territorial sea as well
as to its bed and subsoil.
		
	Section II. Limits of the territorial sea
		
	Article 3
		
		Except where otherwise provided in these articles, the normal baseline for measuring the
breadth of the territorial sea is the low-water line along the coast as marked on large-scale
charts officially recognized by the coastal State.
		
	Article 4
		
		1.  In localities where the coast line is deeply indented and cut into, or if there is a fringe of
islands along the coast in its immediate vicinity, the method of straight baselines joining
appropriate points may be employed in drawing the baseline from which the breadth of the
territorial sea is measured.
	2.  The drawing of such baselines must not depart to any appreciable extent from the general
direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked
to the land domain to be subject to the regime of internal waters.
	3.  Baselines shall not be drawn to and from low-tide elevations, unless lighthouses or
similar installations which are permanently above sea level have been built on them.
	4.  Where the method of straight baselines is applicable under the provisions of paragraph 1,
account may be taken, in determining particular baselines, of economic interests peculiar to
the region concerned, the reality and the importance of which are clearly evidenced by a long
usage.
	5.  The system of straight baselines may not be applied by a State in such a manner as to
cut off from the high seas the territorial sea of another State.
	6.  The coastal State must clearly indicate straight baselines on charts, to which due publicity
must be given.
		
	Article 5
		
		1.  Waters on the landward side of the baseline of the territorial sea form part of the
internal waters of the State.
	2.  Where the establishment of a straight baseline in accordance with article 4 has the
effect of enclosing as internal waters areas which previously had been considered as part of the
territorial sea or of the high seas, a right of innocent passage, as provided in articles 14 to 23,
shall exist in those waters.
		
	Article 6
		
		The outer limit of the territorial sea is the line every point of which is at a distance from
the nearest point of the baseline equal to the breadth of the territorial sea. 		

6	No.  				Seas and Submerged Lands		1973
		
	Schedule 1—continued
		
	Article 7
		
		1.  This article relates only to bays the coasts of which belong to a single State.
	2.  For the purpose of these articles, a bay is a well-marked indentation whose penetration
is in such proportion to the width of its mouth as to contain landlocked waters and constitute
more than a mere curvature of the coast. An indentation shall not, however, be regarded as a
bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line
drawn across the mouth of that indentation.
	3.  For the purpose of measurement, the area of an indentation is that lying between the
low-water mark around the shore of the indentation and a line joining the low-water marks
of its natural entrance points. Where, because of the presence of islands, an indentation has
more than one mouth, the semi-circle shall be drawn on a line as long as the sum total of the
lengths of the lines across the different mouths. Islands within an indentation shall be
included as if they were part of the water areas of the indentation.
	4.  If the distance between the low-water marks of the natural entrance points of a bay does
not exceed twenty-four miles, a closing line may be drawn between these two low-water marks,
and the waters enclosed thereby shall be considered as internal waters.
	5  Where the distance between the low-water marks of the natural entrance points of a bay
exceeds twenty-four miles, a straight baseline of twenty-four miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length.
	6.  The foregoing provisions shall not apply to so-called “historic” bays, or in any case where the straight baseline system provided for in article 4 is applied.
		
	Article 8
		
		For the purpose of delimiting the territorial sea, the outermost permanent harbour works
which form an integral part of the harbour system shall be regarded as forming part of the
coast.		
	Article 9
		
		Roadsteads which are normally used for the loading, unloading and anchoring of ships,
and which would otherwise be situated wholly or partly outside the outer limit of the territorial
sea, are included in the territorial sea. The coastal State must clearly demarcate such road-
steads and indicate them on charts together with their boundaries, to which due publicity
must be given.
		
	Article 10
		
		1.  An island is a naturally-formed area of land, surrounded by water, which is above
water at high-tide.
	2.  The territorial sea of an island is measured in accordance with the provisions of these
articles.
		
	Article 11
		
		1.  A low-tide elevation is a naturally-formed area of land which is surrounded by and
above water at low-tide but submerged at high tide. Where a low-tide elevation is situated
wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland
or an island, the low-water line on that elevation may be used as the baseline for measuring
the breadth of the territorial sea.
	2.  Where a low-tide elevation is wholly situated at a distance exceeding the breadth of
the territorial sea from the mainland or an island, it has no territorial sea of its own.
		
	Article 12
		
		1.  Where the coasts of two States are opposite or adjacent to each other, neither of the
two States is entitled, failing agreement between them to the contrary, to extend its territorial
sea beyond the median line every point of which is equidistant from the nearest points on the
baselines from which the breadth of the territorial seas of each of the two States is measured.
The provisions of this paragraph shall not apply, however, where it is necessary by reason
of historic title or other special circumstances to delimit the territorial seas of the two States
in a way which is at variance with this provision.

	1973		Seas and Submerged Lands	No.
		7	
	Schedule 1—continued
		
		2.  The line of delimitation between the territorial seas of two States lying opposite to
each other or adjacent to each other shall be marked on large-scale charts officially recog-
nized by the coastal States.
		
	Article 13
		
		If a river flows directly into the sea, the baseline shall be a straight line across the mouth
of the river between points on the low-tide line of its banks.
		
	Section III. Right of innocent passage
		
	Sub-section A. Rules applicable to all ships		
	Article 14
		
		1.  Subject to the provisions of these articles, ships of all States, whether coastal or not,
shall enjoy the right of innocent passage through the territorial sea.
	2.  Passage means navigation through the territorial sea for the purpose either of traversing
that sea without entering internal waters, or of proceeding to internal waters, or of making
for the high seas from internal waters.
	3.  Passage includes stopping and anchoring, but only in so far as the same are incidental
to ordinary navigation or are rendered necessary by force majeure or by distress.
	4.  Passage is innocent so long as it is not prejudicial to the peace, good order or security
of the coastal State. Such passage shall take place in conformity with these articles and with
other rules of international law.
	5.  Passage of foreign fishing vessels shall not be considered innocent if they do not observe
such laws and regulations as the coastal State may make and publish in order to prevent these
vessels from fishing in the territorial sea.
	6.  Submarines are required to navigate on the surface and to show their flag.
		
	Article 15
		
		1.  The coastal State must not hamper innocent passage through the territorial sea.
	2.  The coastal State is required to give appropriate publicity to any dangers to navigation,
of which it has knowledge, within its territorial sea.
		
	Article 16
		
		1.  The coastal State may take the necessary steps in its territorial sea to prevent passage
which is not innocent.
	2.  In the case of ships proceeding to internal waters, the coastal State shall also have the
right to take the necessary steps to prevent any breach of the conditions to which admission
of those ships to those waters is subject.
	3.  Subject to the provisions of paragraph 4, the coastal State may, without discrimination
amongst foreign ships, suspend temporarily in specified areas of its territorial sea the innocent
passage of foreign ships if such suspension is essential for the protection of its security. Such
suspension shall take effect only after having been duly published.
	4.  There shall be no suspension of the innocent passage of foreign ships through straits
which are used for international navigation between one part of the high seas and another part
of the high seas or the territorial sea of a foreign State.
		
	Article 17
		
		Foreign ships exercising the right of innocent passage shall comply with the laws and regula-
tions enacted by the coastal State in conformity with these articles and other rules of
international law and, in particular, with such laws and regulations relating to transport and
navigation.
		
	Sub-section B. Rules applicable to merchant ships		
	Article 18
		
		1.  No charge may be levied upon foreign ships by reason only of their passage through
the territorial sea.
	2.  Charges may be levied upon a foreign ship passing through the territorial sea as
payment only for specific services rendered to the ship. These charges shall be levied without
discrimination.		

8	No.  				Seas and Submerged Lands		1973
		
	Schedule 1—continued
		
	Article 19
		
		1.  The criminal jurisdiction of the coastal State should not be exercised on board a foreign
ship passing through the territorial sea to arrest any person or to conduct any investigation
in connexion with any crime committed on board the ship during its passage, save only in
the following cases:		
		(a)  If the consequences of the crime extend to the coastal State; or
	(b)  If the crime is of a kind to disturb the peace of the country or the good order of the
territorial sea; or
	(c)  If the assistance of the local authorities has been requested by the captain of the ship
or by the consul of the country whose flag the ship flies; or
	(d)  If it is necessary for the suppression of illicit traffic in narcotic drugs.
		
		2.  The above provisions do not affect the right of the coastal State to take any steps autho-
rized by its laws for the purpose of an arrest or investigation on board a foreign ship passing
through the territorial sea after leaving internal waters.

	3.  In the cases provided for in paragraphs 1 and 2 of this article, the coastal State shall, if
the captain so requests, advise the consular authority of the flag State before taking any steps,
and shall facilitate contact between such authority and the ship’s crew. In cases of emergency
this notification may be communicated while the measures are being taken.

	4.  In considering whether or how an arrest should be made, the local authorities shall
pay due regard to the interests of navigation.

	5.  The coastal State may not take any steps on board a foreign ship passing through the
territorial sea to arrest any person or to conduct any investigation in connexion with any crime
committed before the ship entered the territorial sea, if the ship, proceeding from a foreign
port, is only passing through the territorial sea without entering internal waters.
		
	Article 20
		
		1.  The coastal State should not stop or divert a foreign ship passing through the territorial
sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.

	2.  The coastal State may not levy execution against or arrest the ship for the purpose of
any civil proceedings, save only in respect of obligations or liabilities assumed or incurred
by the ship itself in the course or for the purpose of its voyage through the waters of the
coastal State.

	3.  The provisions of the previous paragraph are without prejudice to the right of the
coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose
of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the
territorial sea after leaving internal waters.
		
	Sub-section C. Rules applicable to government ships other than warships		
	Article 21
		
		The rules contained in sub-sections A and B shall also apply to government ships operated
for commercial purposes.
		
	Article 22
		
		1.  The rules contained in sub-sections A and in article 18 shall apply to government ships
operated for non-commercial purposes.
	2.  With such exceptions as are contained in the provisions referred to in the preceding
paragraph, nothing in these articles affects the immunities which such ships enjoy under these
articles or other rules of international law.
		
	Sub-section D. Rule applicable to warships		
	Article 23
		
		If any warship does not comply with the regulations of the coastal State concerning passage
through the territorial sea and disregards any request for compliance which is made to it, the
coastal State may require the warship to leave the territorial sea.		

	1973		Seas and Submerged Lands	No.
		9	
	Schedule 1—continued		
	Part II		
	CONTIGUOUS ZONE
		
	Article 24
		
		1.  In a zone of the high seas contiguous to its territorial sea, the coastal State may exercise
the control necessary to:		
		(a)  Prevent infringement of its customs, fiscal, immigration or sanitary regulations within
its territory or territorial sea;
	(b)  Punish infringement of the above regulations committed within its territory or terri-
torial sea.		
		2.  The contiguous zone may not extend beyond twelve miles from the baseline from which
the breadth of the territorial sea is measured.
	3.  Where the coasts of two States are opposite or adjacent to each other, neither of the
two States is entitled, failing agreement between them to the contrary, to extend its contiguous
zone beyond the median line every point of which is equidistant from the nearest points on the
baselines from which the breadth of the territorial seas of the two States is measured.
		
	Part III		
	FINAL ARTICLES
		
	Article 25
		
		The provisions of this Convention shall not affect conventions or other international
agreements already in force, as between States Parties to them.
		
	Article 26
		
		This Convention shall, until 31 October 1958, be open for signature by all States Members
of the United Nations or of any of the specialized agencies, and by any other State invited by
the General Assembly of the United Nations to become a Party to the Convention.
		
	Article 27
		
		This Convention is subject to ratification. The instruments of ratification shall be deposited
with the Secretary-General of the United Nations.
		
	Article 28
		
		This Convention shall be open for accession by any States belonging to any of the cate-
gories mentioned in article 26.  The instruments of accession shall be deposited with the
Secretary-General of the United Nations.
		
	Article 29
		
		1.  This Convention shall come into force on the thirtieth day following the date of deposit
of the twenty-second instrument of ratification or accession with the Secretary-General of the
United Nations.
	2.  For each State ratifying or acceding to the Convention after the deposit of the twenty-
second instrument of ratification or accession, the Convention shall enter into force on the
thirtieth day after deposit by such State of its instrument of ratification or accession.
		
	Article 30
		
		1.  After the expiration of a period of five years from the date on which this Convention
shall enter into force, a request for the revision of this Convention may be made at any time
by any Contracting Party by means of a notification in writing addressed to the Secretary-
General of the United Nations.
	2.  The General Assembly of the United Nations shall decide upon the steps, if any, to be
taken in respect of such request.
		
	Article 31
		
		The Secretary-General of the United Nations shall inform all States Members of the
United Nations and the other States referred to in article 26:		
		(a)  Of signatures to this Convention and of the deposit of instruments of ratification or
accession, in accordance with articles 26, 27 and 28;		

10	No.  				Seas and Submerged Lands		1973
		
	Schedule 1—continued
		
		(b)  Of the date on which this Convention will come into force, in accordance with
article 29;
	(c)  Of requests for revision in accordance with article 30.
		
	Article 32
		
		The original of this Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the
United Nations, who shall send certified copies thereof to all States referred to in article 26.

	In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto
by their respective Governments, have signed this Convention.

	Done at Geneva, this twenty-ninth day of April one thousand nine hundred and fifty-
eight.

	(Here follow the signatures of the plenipotentiaries, including the plenipotentiary of Australia.)

					SCHEDULE 2	Preamble
		
	CONVENTION ON THE CONTINENTAL SHELF
		
	The States Parties to this Convention
Have agreed as follows:
		
	Article 1
		
		For the purpose of these articles, the term “continental shelf” is used as referring (a) to
the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the
territorial sea, to a depth of 200 metres or, beyond that limit, to where the depth of the super-
jacent waters admits of the exploitation of the natural resources of the said areas; (b) to the
seabed and subsoil of similar submarine areas adjacent to the coasts of islands.
		
	Article 2
		
		1.  The coastal State exercises over the continental shelf sovereign rights for the purpose
of exploring it and exploiting its natural resources.
	2.  The rights referred to in paragraph 1 of this article are exclusive in the sense that if the
coastal State does not explore the continental shelf or exploit its natural resources, no one
may undertake these activities, or make a claim to the continental shelf, without the express
consent of the coastal State.
	3.  The rights of the coastal State over the continental shelf do not depend on occupation,
effective or notional, or on any express proclamation.
	4.  The natural resources referred to in these articles consist of the mineral and other non-
living resources of the seabed and subsoil together with living organisms belonging to sedentary
species that is to say, 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 seabed
or the subsoil.
		
	Article 3
		
		The rights of the coastal State over the continental shelf do not affect the legal status of
the superjacent waters as high seas, or that of the airspace above those waters.
		
	Article 4
		
		Subject to its right to take reasonable measures for the exploration of the continental
shelf and the exploitation of its natural resources, the coastal State may not impede the laying
or maintenance of submarine cables or pipe lines on the continental shelf.
		
	Article 5

	1.  The exploration of the continental shelf and the exploitation of its natural resources
must not result in any unjustifiable interference with navigation, fishing or the conservation
of the living resources of the sea, nor result in any interference with fundamental oceanographic
or other scientific research carried out with the intention of open publication.		

	1973		Seas and Submerged Lands	No.
	11	
	Schedule 2—continued
		
		2.  Subject to the provisions of paragraphs 1 and 6 of this article, the coastal State is
entitled to construct and maintain or operate on the continental shelf installations and other
devices necessary for its exploration and the exploitation of its natural resources, and to
establish safety zones around such installations and devices and to take in those zones measures
necessary for their protection.

	3.  The safety zones referred to in paragraph 2 of this article may extend to a distance of
500 metres around the installations and other devices which have been erected, measured
from each point of their outer edge. Ships of all nationalities must respect these safety zones.

	4.  Such installations and devices, though under the jurisdiction of the coastal State, do
not possess the status of islands. They have no territorial sea of their own, and their presence
does not affect the delimitation of the territorial sea of the coastal State.

	5.  Due notice must be given of the construction of any such installations, and permanent
means for giving warning of their presence must be maintained. Any installations which are
abandoned or disused must be entirely removed.

	6.  Neither the installations or devices, nor the safety zones around them, may be established
where interference may be caused to the use of recognized sea lanes essential to international
navigation.

	7.  The coastal State is obliged to undertake, in the safety zones, all appropriate measures
for the protection of the living resources of the sea from harmful agents.

	8.  The consent of the coastal State shall be obtained in respect of any research concerning
the continental shelf and undertaken there. Nevertheless, the coastal State shall not normally
withhold its consent if the request is submitted by a qualified institution with a view to purely
scientific research into the physical or biological characteristics of the continental shelf,
subject to the proviso that the coastal State shall have the right, if it so desires, to participate
or to be represented in the research, and that in any event the results shall be published.
		
	Article 6
		
		1.  Where the same continental shelf is adjacent to the territories of two or more States
whose coasts are opposite each other, the boundary of the continental shelf appertaining to
such States shall be determined by agreement between them. In the absence of agreement, and
unless another boundary line is justified by special circumstances, the boundary is the median
line, every point of which is equidistant from the nearest points of the baselines from which
the breadth of the territorial sea of each State is measured.

	2.  Where the same continental shelf is adjacent to the territories of two adjacent States,
the boundary of the continental shelf shall be determined by agreement between them. In
the absence of agreement, and unless another boundary line is justified by special circum-
stances, the boundary shall be determined by application of the principle of equidistance from
the nearest points of the baselines from which the breadth of the territorial sea of each State
is measured.

	3.  In delimiting the boundaries of the continental shelf, any lines which are drawn in
accordance with the principles set out in paragraphs 1 and 2 of this article should be defined
with reference to charts and geographical features as they exist at a particular date, and refer-
ence should be made to fixed permanent identifiable points on the land.
		
	Article 7
		
		The provisions of these articles shall not prejudice the right of the coastal State to exploit
the subsoil by means of tunnelling irrespective of the depth of water above the subsoil.
		
	Article 8
		
		This Convention shall, until 31 October 1958, be open for signature by all States Members
of the United Nations or of any of the specialized agencies, and by any other State invited by
the General Assembly of the United Nations to become a Party to the Convention.
		
	Article 9		
		This Convention is subject to ratification. The instruments of ratification shall be deposited
with the Secretary-General of the United Nations.		

12	No.  				Seas and Submerged Lands		1973
		
	Schedule 2—continued
		
	Article 10
		
		This Convention shall be open for accession by any States belonging to any of the categories
mentioned in article 8. The instruments of accession shall be deposited with the Secretary-
General of the United Nations.
		
	Article 11
		
		1.  This Convention shall come into force on the thirtieth day following the date of deposit
of the twenty-second instrument of ratification or accession with the Secretary-General of
the United Nations.

	2.  For each State ratifying or acceding to the Convention after the deposit of the twenty-
second instrument of ratification or accession, the Convention shall enter into force on the
thirtieth day after deposit by such State of its instrument of ratification or accession.
		
	Article 12
		
		1.  At the time of signature, ratification or accession, any State may make reservations to
articles of the Convention other than to articles 1 to 3 inclusive.

	2.  Any Contracting State making a reservation in accordance with the preceding paragraph
may at any time withdraw the reservation by a communication to that effect addressed to the
Secretary-General of the United Nations.
		
	Article 13
		
		1.  After the expiration of a period of five years from the date on which this Convention
shall enter into force, a request for the revision of this Convention may be made at any time
by any Contracting Party by means of a notification in writing addressed to the Secretary-
General of the United Nations.

	2.  The General Assembly of the United Nations shall decide upon the steps, if any, to
be taken in respect of such request.
		
	Article 14
		
		The Secretary-General of the United Nations shall inform all States Members of the
United Nations and the other States referred to in article 8:		
		(a)  Of signatures to this Convention and of the deposit of instruments of ratification or
accession, in accordance with articles 8, 9 and 10;
	(b)  Of the date on which this Convention will come into force, in accordance with article
11;
	(c)  Of requests for revision in accordance with article 13;
	(d)  Of reservations to this Convention, in accordance with article 12.
		
	Article 15
		
		The original of this Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the
United Nations, who shall send certified copies thereof to all States referred to in article 8.
		
		In witness whereof, the undersigned Plenipotentiaries, being duly authorized thereto
by their respective Governments, have signed this Convention.
		
		Done at Geneva, this twenty-ninth day of April one thousand nine hundred and fifty-eight.
		
		(Here follow the signatures of the plenipotentiaries, including the plenipotentiary of Australia.)

	1973		Seas and Submerged Lands	No.
	13	3	

I hereby certify that the above is a fair print of the Seas and Submerged Lands
Bill 1973 which originated in the House of Representatives and has been finally
passed by the Senate and the House of Representatives.

				                 [N.J. Parkes]
			Clerk of the House of Representatives

In the name of Her Majesty, I assent to this Act.

					[Paul Hasluck]
					Governor-General

						[4th DECEMBER,] 1973

					
Printed by Authority by the Government Printer of Australia