Continental Shelf (Living Natural Resources) Amendment Act 1980

No. 94 of 1980

An Act to amend the Continental Shelf (Living Natural Resources) Act 1968

[Assented to 6 June 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Continental Shelf (Living Natural Resources) Amendment Act 1980.

(2) The Continental Shelf (Living Natural Resources) Act 1968 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the date of commencement of the Whale Protection Act 1980.

3. After section 5 of the Principal Act the following section is inserted:

Administration of Act

“6. In the administration of this Act, the Minister shall ensure, so far as practicable, that measures taken under this Act are not inconsistent with the preservation, conservation and protection of whales and other cetacea.”.

Notices by Minister

4. Section 12 of the Principal Act is amended—

(a) by omitting from the end of paragraph (e) of sub-section (1) “and”;

(b) by adding at the end of sub-section (1) the following word and paragraph:

“; and (g) prohibit, either at all times or during a specified period, the navigating by any person of a ship in respect of which a licence has been issued under sub-section (2) of section 13 in a specified area of the Australian continental shelf, or a specified area of the continental shelf of an external Territory.”; and

(c) by inserting at the end thereof the following sub-section:

“(3) Nothing shall be taken to prevent the publication under sub-section (1) of a single notice relating to matters referred to in any two or more of the provisions of that sub-section.”.

Offences in relation to notices under section 12

5. Section 16 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) A person does not contravene sub-section (1) by reason of navigating a ship in contravention of a notice in force under paragraph (g) of sub-section (1) of section 12 if it was necessary to do so, by reason of weather or sea conditions, in order to secure the safety of the ship or of human life.”.