An Act relating to certain installations in the sea
Part I—Preliminary
1 Short title
This Act may be cited as the Sea Installations Act 1987.
2 Commencement
(1) The provisions of Part I shall be deemed to have come into operation on 15 October 1987.
(2) The remaining provisions of this Act shall come into operation on the day on which this Act receives the Royal Assent.
3 Objects of Act
The objects of this Act are:
(a) to ensure that sea installations installed in adjacent areas are operated with regard to the safety of the people using them and of the people, ships and aircraft near them; and
(b) to apply appropriate laws in relation to such sea installations.
4 Interpretation
(1) In this Act, unless the contrary intention appears:
adjacent area means an adjacent area in respect of a State or affected Territory ascertained in accordance with section 5 and, in relation to a State or affected Territory, means the adjacent area in respect of that State or Territory.
affected Territory means a Territory other than:
(a) the Australian Capital Territory; or
(b) the Jervis Bay Territory.
aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions from the air or from buoyancy.
brought into physical contact, in relation to a sea installation in relation to the seabed, has the meaning given by subsection 6(5).
construct, in relation to a sea installation, includes assemble and fit out.
continental shelf has the same meaning as in the Petroleum Act.
environment includes all aspects of the surroundings of a natural person, whether affecting the person as an individual or in the person’s social groupings.
environment related activity means any activity relating to:
(a) tourism or recreation;
(b) the carrying on of a business;
(c) exploring, exploiting or using the living resources of the sea, of the seabed or of the subsoil of the seabed, whether by way of fishing, pearling, oyster farming, fish farming or otherwise;
(d) marine archaeology; or
(e) a prescribed purpose;
and includes a scientific activity and a transport activity.
excluded dumping vessel means any vessel that is engaged in a sea voyage or in any activity at sea relating solely to the dumping at sea or to the incineration at sea of waste or other matter which the vessel is authorised to dump or incinerate under the Environment Protection (Sea Dumping) Act 1981.
excluded fishing installation means:
(a) a licensed fishing boat that is being used solely for commercial fishing purposes;
(b) a fish aggregating device that is being used solely for commercial fishing purposes;
(c) a mariculture platform that is being used solely for the purpose of rearing and harvesting fish, crustaceans or molluscs; or
(d) fishing equipment.
excluded pearling vessel means any vessel that is licensed under the law of a State or Territory to carry out pearling operations and that is being used solely for the purpose of carrying out those operations.
excluded wreck means:
(a) an historic shipwreck, or an historic relic, within the meaning of the Historic Shipwrecks Act 1976; or
(b) a wreck described in paragraph 238(1)(b) of the Navigation Act 2012.
exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.
fish aggregating device means:
(a) a man‑made structure that, when in, or brought into, physical contact with the seabed or when floating, is used solely for the purpose of attracting populations of fish so as to facilitate the taking of those fish; or
(b) any electronic or other equipment designed or intended to be ancillary to, or associated with, such a structure while it is being used, or in order to facilitate the use of the structure, for that purpose;
but does not include a net, trap or other equipment for taking, catching or capturing fish.
fishing equipment means equipment for taking fish, crustaceans or molluscs or for holding living fish, crustaceans or molluscs for a temporary purpose, being equipment that is:
(a) licensed or registered under a law of the Commonwealth or of a State with respect to fisheries; or
(b) used from or placed into the sea from a licensed fishing boat.
floating, in relation to a structure, includes moving through or under waters.
inspector means a person appointed under section 60 to be an inspector for the purposes of this Act.
installed in an adjacent area, in relation to a sea installation, has the meaning given by section 6.
issue, in relation to a licence, includes grant and give.
law of the Commonwealth does not include a law of a State or Territory applying in relation to sea installations by virtue of section 46, 47 or 48.
licence includes a permit, an authority and permission.
licensed fishing boat means a floating craft of any description in respect of which a licence under a law of the Commonwealth or of a State or Territory with respect to fisheries is in force authorising its use for the taking of fish, crustaceans or molluscs.
mariculture platform means a fixed or movable floating installation that is placed in the sea to enclose a population of fish, crustaceans or molluscs so that they are able to be reared and harvested.
matter includes act, omission, circumstance and thing.
natural mineral resources means the minerals (including petroleum) and other non‑living resources of the seabed and its subsoil.
operating agreement, in relation to a sea installation, means an agreement between the owner of the installation and another person under which the other person, or the owner and the other person, may determine the activities for which the installation is used.
operator, in relation to a sea installation, means a person who is not the owner of the installation and who has entered into an operating agreement with the owner of the installation.
petroleum has the same meaning as in the Petroleum Act.
Petroleum Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
resources industry fixed structure has the meaning given by subsection (2).
resources industry mobile unit has the meaning given by subsection (3).
scientific activity means an activity relating to scientific research.
sea installation means:
(a) any man‑made structure that, when in, or brought into, physical contact with the seabed or when floating, can be used for an environment related activity;
(b) any partly constructed structure that, when completed, is intended to be, or could be, a structure referred to in paragraph (a); or
(c) the remains of a structure that has been a structure referred to in paragraph (a) or (b);
but does not include:
(d) a cargo ship;
(e) an excluded dumping vessel;
(f) an excluded fishing installation;
(g) an excluded pearling vessel;
(h) an excluded wreck;
(j) a navigational aid placed in the sea or on the seabed in accordance with the law of the Commonwealth, a State or a Territory;
(k) a resources industry fixed structure;
(m) a resources industry mobile unit;
(n) a structure relating to the defence of Australia;
(p) a submarine cable installation;
(q) a structure belonging to the naval, military or air forces of a foreign country; or
(qa) any pipeline in respect of which a pipeline licence is required to be issued under the Petroleum Act;
(r) a prescribed structure or a structure in a class of prescribed structures.
ship means a vessel designed for use in navigation by water.
structure includes a ship, an aircraft and any other vessel.
submarine cable installation means:
(a) a cable that has been laid on the seabed to permit telecommunications between a place in Australia and a place outside Australia; or
(b) a vessel having the function of installing or servicing such a cable while that vessel is engaged in any activity relating to that function.
transport activity means:
(a) the mooring of ships or aircraft; or
(b) the landing of aircraft.
work, in relation to a sea installation, includes work in relation to installing or constructing the installation.
(2) A reference in this Act to a resources industry fixed structure is a reference to a structure (including a pipeline) that:
(a) is not able to move or be moved as an entity from one place to another; and
(b) is, or is to be, used off‑shore wholly or principally in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural mineral resources.
(3) A reference in this Act to a resources industry mobile unit is a reference to:
(a) a vessel that is, or is to be, used wholly in:
(i) exploring or exploiting natural mineral resources by drilling the seabed or its subsoil with equipment on, or forming part of, the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or
(ii) operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (i); or
(b) a structure (not being a vessel) that:
(i) is able to float or be floated;
(ii) is able to move or be moved as an entity from one place to another; and
(iii) is, or is to be, used off‑shore wholly or principally in:
(A) exploring or exploiting natural mineral resources by drilling the seabed or its subsoil with equipment on, or forming part of, the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or
(B) operations or activities associated with, or incidental to, activities of the kind referred to in sub‑subparagraph (A).
(4) The reference in subparagraph (3)(a)(ii) to a vessel that is, or is to be, used wholly in operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (3)(a)(i) includes a reference to a vessel that is, or is to be, used wholly in manoeuvring a resources industry fixed structure or a resources industry mobile unit, or in operations relating to the attachment, within the meaning of the Customs Act 1901, of such a structure or unit to the Australian seabed.
5 Adjacent areas
(1) For the purposes of this Act, but subject to subsection (2), the adjacent area in respect of a State or the Northern Territory is so much of the area described in Schedule 1 to the Petroleum Act under the heading that refers to that State or Territory as comprises waters of the sea that:
(a) are outside the outer limits of the territorial sea of Australia; and
(b) are either:
(i) within the outer limits of the exclusive economic zone; or
(ii) outside those limits but within the outer limits of the continental shelf.
(2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, subsection (1) continues to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles.
(3) For the purposes of this Act, the Coral Sea area is so much of the area to the east of the adjacent area in respect of Queensland as comprises waters of the sea that are either:
(a) within the outer limits of the exclusive economic zone; or
(b) outside those limits but within the outer limits of the continental shelf;
other than any part of that area that is to the south of the parallel of Latitude 25 South or that is on the landward side of the coastline of any island at mean low water.
(4) The provisions of this Act other than subsection (3) apply in relation to the Coral Sea area as if that area were part of the adjacent area in respect of Queensland and references in this Act to the adjacent area in respect of a State shall, in relation to Queensland, be read as including references to the Coral Sea area.
(5) For the purposes of this Act, the adjacent area in respect of the Territory of Ashmore and Cartier Islands is so much of the area described in Schedule 1 to the Petroleum Act under the heading that refers to that Territory as comprises waters of the sea that are either:
(a) within the outer limits of the exclusive economic zone; or
(b) outside those limits but within the limits of the continental shelf.
(6) For the purposes of this Act, the adjacent area in respect of the Australian Antarctic Territory is the area adjacent to that Territory having as its inner limit the base lines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as its outer limit the outer limits of the continental shelf.
(7) For the purposes of this Act, the adjacent area in respect of an external Territory (other than the Australian Antarctic Territory, Coral Sea Islands Territory and the Territory of Ashmore and Cartier Islands) is the area comprising waters of the sea that are either:
(a) adjacent to the coast of that Territory and within the outer limits of the exclusive economic zone; or
(b) adjacent to the coast of that Territory and within the outer limits of the continental shelf.
(8) For the purposes of subsections (3), (5), (6) and (7), the continental shelf does not include any area of seabed and subsoil that, under an agreement in force between Australia and another country, is not an area over which Australia exercises sovereign rights.
(9) For the purposes of this Act, the space above or below an adjacent area shall be deemed to be in that area.
6 Installation of sea installations
(1) Subject to subsection (3), 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 under paragraph (a).
(2) 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.
(3) Where a sea installation, being a ship or an aircraft:
(a) is brought into physical contact with a part of the seabed in an adjacent area; or
(b) is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in an adjacent area;
for less than:
(c) in the case of a ship, or an aircraft, registered under the law of a foreign country—30 days; or
(d) in any other case—14 days;
it shall not be taken to be installed in that adjacent area under subsection (1).
(4) A sea installation shall not be taken to be installed in an adjacent area for the purposes of this Act unless it is to be taken to be so installed under subsection (1) or (2).
(5) For the purposes of this Act, a sea installation shall be taken to be brought into physical contact with a part of the seabed if the installation is connected with the part by a cable or other device.
7 Attachments to sea installations
(1) Where:
(a) a sea installation is in, or is brought into, physical contact with another sea installation installed in an adjacent area; and
(b) the contact is not for the purpose of work on that other installation;
the first‑mentioned installation shall be taken to be part of that other installation.
(2) For the purposes of this Act, a structure, other than a sea installation, attached to a sea installation shall be taken to be part of that installation.
8 Extension to external Territories
This Act extends to all the external Territories.
9 Act to bind Crown
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.
(2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State or of a Territory liable to be prosecuted for an offence.
11 Application of Act
This Act applies to all natural persons, whether Australian citizens or not, and whether resident in the Commonwealth or an external Territory or not, and to all bodies corporate, whether incorporated or carrying on business in the Commonwealth or an external Territory or not.
12 Saving of other laws
This Act and the regulations shall be read as being in addition to, and not in derogation of or in substitution for, any other law of the Commonwealth or of an external Territory, whether passed or made before or after the commencement of this Act.
13 Act to apply subject to international obligations
This Act has effect subject to the obligations of Australia under international law, including obligations under any agreement between Australia and any other country or countries.
13A Application of the Criminal Code
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part V—Application of laws and jurisdiction of courts in relation to sea installations
45 Application of Commonwealth Acts in adjacent areas
(1) Subject to subsection (2), the provisions of the Acts specified in the Schedule apply, as provided by this section, in relation to sea installations installed, or being installed, in adjacent areas and so apply as if those areas were part of the Commonwealth.
(2) The regulations may revoke the application, or the application in a specified adjacent area, of an Act, or part of an Act, specified in the Schedule.
(3) Subject to this Act, the regulations may provide that a specified Act, or a specified part of a specified Act, applies, as provided by this section, in relation to sea installations installed, or being installed, in adjacent areas or specified adjacent areas and so applies as if those areas were part of the Commonwealth.
(4) Without limiting the operation of subsections (1) and (3), an Act or part of an Act applying in relation to an adjacent area under those subsections, applies:
(a) in relation to:
(i) an act or omission that takes place on or in the vicinity of; and
(ii) a matter that exists or arises in relation to;
a sea installation installed, or being installed, in the adjacent area or a ship, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason relating to such a sea installation;
(b) in relation to a person who:
(i) is on such a sea installation;
(ii) is in the adjacent area for a reason of the kind referred to in paragraph (a); or
(iii) is on or in the vicinity of a ship, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); and
(c) in relation to a person in respect of the person carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
(5) This section does not limit the operation of any law apart from this section.
46 Application of laws in areas adjacent to States
(1) Subject to this Act and the regulations, the laws, whether written or unwritten, in force in a State for the time being (other than laws of the Commonwealth) and any instrument having effect under any of those laws, apply, as provided by, and by force of, this section, in relation to sea installations installed, or being installed, in the adjacent area of the State and so apply as if that area were part of that State and of the Commonwealth.
(2) The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000, but nothing in this Act derogates from the operation of that Act.
(3) A law shall be taken to be a law in force in a State notwithstanding that it applies to part only of the State.
(4) Without limiting the operation of subsection (1), a law or instrument referred to in that subsection relating to a State applies:
(a) in relation to:
(i) an act or omission that takes place on or in the vicinity of; and
(ii) a matter that exists or arises in relation to;
a sea installation installed, or being installed, in the adjacent area of the State or a ship, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason relating to such a sea installation;
(b) in relation to a person who:
(i) is on such a sea installation;
(ii) is in the adjacent area for a reason of the kind referred to in paragraph (a); or
(iii) is on or in the vicinity of a ship, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); and
(c) in relation to a person in respect of the person carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
(5) This section does not:
(a) give to a law of a State an operation, as law of the Commonwealth, that it would not have, as law of the State, if the adjacent area of the State were within so much of the part of the area described in Schedule 1 to the Petroleum Act under the heading that refers to that State as is on the landward side of the adjacent area;
(b) extend to the provisions of any law or instrument in so far as those provisions, as applied by this Act, would be inconsistent with this Act or another law of the Commonwealth;
(c) apply so as to impose any tax;
(d) apply so as to confer or purport to confer any part of the judicial power of the Commonwealth on a court, tribunal, authority or officer of a State; or
(e) apply so as to purport to confer on a court of a State any power that cannot, under the Constitution, be conferred by the Parliament on such a court.
(6) This section does not limit the operation that any law or instrument has apart from this section.
(7) The regulations may provide that such of the provisions of a law or instrument referred to in subsection (1) as are specified in the regulations do not apply by reason of this section or so apply subject to such modifications as are specified in the regulations.
(8) Notwithstanding anything in this section or in section 49, the regulations that may be made for the purposes of subsection (7) include regulations having the effect that provisions as modified by the regulations make provision for and in relation to investing a court of a State with federal jurisdiction.
47 Application of laws in areas adjacent to Territories
(1) Subject to this Act, the laws, whether written or unwritten, in force in an affected Territory for the time being (other than laws of the Commonwealth), and any instrument having effect under any of those laws, apply, as provided by, and by force of, this section, in relation to all matters relating to sea installations installed, or being installed, in the adjacent area of the Territory and so apply as if that area were part of that Territory and, in the case of the Northern Territory, were part of the Commonwealth.
(2) The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000, but nothing in this Act derogates from the operation of that Act.
(3) A law shall be taken to be a law in force in a Territory notwithstanding that it applies to part only of that Territory.
(4) Without limiting the operation of subsection (1), a law or instrument referred to in that subsection relating to a Territory applies:
(a) in relation to:
(i) an act or omission that takes place on or in the vicinity of; and
(ii) a matter that exists or arises in relation to;
a sea installation installed, or being installed, in the adjacent area of the Territory or a ship, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason relating to such a sea installation;
(b) in relation to a person who:
(i) is on such a sea installation;
(ii) is in the adjacent area for a reason of the kind referred to in paragraph (a); or
(iii) is on or in the vicinity of a ship, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); and
(c) in relation to a person in respect of the person carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
(5) This section does not:
(a) give to a law of a Territory an operation, as law of the Commonwealth, that it would not have, as law of the Territory, if the adjacent area of the Territory were within so much of the part of the area described in Schedule 1 of the Petroleum Act under the heading that refers to that Territory as is on the landward side of the adjacent area;
(b) extend to the provisions of any law or instrument in so far as those provisions, as applied by this Act, would be inconsistent with this Act or another law of the Commonwealth;
(c) apply so as to impose any tax;
(d) apply so as to appropriate any public money of a Territory; or
(e) apply so as to confer or purport to confer any part of the judicial power of the Commonwealth on a court, tribunal, authority or officer of a Territory.
(6) This section does not limit the operation that any law or instrument has apart from this section.
(7) The regulations may provide that such of the provisions of a law or instrument referred to in subsection (1) as are specified in the regulations do not apply by reason of this section or so apply subject to such modifications as are specified in the regulations.
48 Installations and goods deemed to have been imported into certain external Territories
Where a sea installation becomes installed in the adjacent area in respect of Norfolk Island, of the Territory of Christmas Island or of the Territory of Cocos (Keeling) Islands, then, for the purpose only of any law in force in that Territory that relates to the importation of goods into that Territory or to the imposition of customs duties on goods that are so imported, the installation and goods on the installation at the time when the installation becomes so installed shall be deemed to have been imported into that Territory at the time when the installation becomes so installed.
49 Jurisdiction of courts
(1) Except as otherwise prescribed, the several courts of a State are invested with federal jurisdiction in all matters arising under the laws and instruments having effect by virtue of section 46 in the adjacent area of the State.
(2) Jurisdiction is conferred, so far as the Constitution permits, on the several courts having jurisdiction in an affected Territory in all matters arising under the laws and instruments having effect by virtue of section 47 or 48 in the adjacent area of the Territory.
(3) Subject to this section:
(a) the several courts of the States are vested with federal jurisdiction; and
(b) jurisdiction is conferred, so far as the Constitution permits, on the several courts of the affected Territories;
with respect to matters arising under this Act or the regulations other than matters referred to in subsection (1) or (2).
(4) Jurisdiction vested in or conferred on courts by this section is vested or conferred within the limits (other than limits having effect by reference to localities) of their several jurisdictions, whether those limits are as to subject‑matter or otherwise.
50 Rules of courts
Where a court of a State or of an affected Territory has jurisdiction because of this Act, the power of the court to make rules relating to the practice and procedure of the court may be exercised for the purposes of that jurisdiction.
Part VI—Offences and procedures relating to sea installations
51 Direct journeys between sea installations and external places prohibited
(1) Subject to subsection (4), where a person makes a direct journey from an external place to a sea installation or from a sea installation to an external place:
(a) that person; and
(b) the owner of the installation; and
(c) the owner and person in charge of a ship or aircraft on which the person travelled in the course of that journey;
are each guilty of an offence against this section.
(2) Subject to subsection (4), where goods are taken directly from an external place to a sea installation:
(a) the owner of the goods at the time of their arrival at the installation; and
(b) the owner of the installation; and
(c) the owner and person in charge of a ship or aircraft on which the goods were transported from the place to the installation;
are each guilty of an offence against this section.
(3) Subject to subsection (4), where goods are taken directly from a sea installation to an external place:
(a) the person who caused the goods to be taken directly from that installation to that place; and
(b) the owner of the installation; and
(c) the owner and person in charge of a ship or aircraft on which the goods were transported from the installation to the place;
are each guilty of an offence against this section.
(4) It is a defence to a charge of an offence against this section if it is established that the journey because of which the offence would have been committed:
(a) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life;
(b) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea, of an aircraft in flight or of a sea installation; or
(c) was authorised in writing by the Minister and was carried out in accordance with the conditions (if any) specified in that authorisation.
(5) Subsection (4) shall not be taken to limit by implication any defence that would, but for the subsection, be available to a person charged with an offence against this section.
(5A) Strict liability applies to paragraphs (1)(b) and (c), (2)(b) and (c) and (3)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) For the purposes of this section, a person shall be taken to have made a direct journey from an external place to a sea installation:
(a) where the external place is an external place in relation to Australia and the installation is installed in the adjacent area in respect of a State or of the Northern Territory—if, and only if, the last place entered by the person in the course of travelling from the place to the installation is not a place in Australia;
(b) where the external place is an external place in relation to an uninhabited external Territory and the installation is installed in the adjacent area in respect of that Territory—if, and only if, the last place entered by the person in the course of travelling from the place to the installation is not a place in Australia; or
(c) where the external place is an external place in relation to an inhabited external Territory and the installation is installed in the adjacent area in respect of that Territory—if, and only if, the last place entered by the person in the course of travelling from the place to the installation is not a place in that Territory.
(7) For the purposes of this section, a person shall be taken to have made a direct journey from a sea installation to an external place:
(a) where the installation is installed in the adjacent area in respect of a State or of the Northern Territory and that external place is an external place in relation to Australia—if, and only if, the first place entered by the person in the course of travelling from the installation to the place is not a place in Australia;
(b) where the installation is installed in the adjacent area in respect of an uninhabited external Territory and the external place is an external place in relation to that Territory—if, and only if, the first place entered by the person in the course of travelling from the installation to the place is not a place in Australia; or
(c) where the installation is installed in the adjacent area in respect of an inhabited external Territory and the external place is an external place in relation to that Territory—if, and only if, the first place entered by the person in the course of travelling from the installation to the place is not a place in that Territory.
(8) For the purposes of this section, goods shall be taken to have been taken directly from an external place to a sea installation:
(a) where the external place is an external place in relation to Australia and the installation is installed in the adjacent area in respect of a State or of the Northern Territory—if, and only if, the last place those goods were taken in the course of being carried from the place to the installation was not a place in Australia;
(b) where the external place is an external place in relation to an uninhabited external Territory and the installation is installed in the adjacent area in respect of that Territory—if, and only if, the last place those goods were taken in the course of being carried from the place to the installation was not a place in Australia; or
(c) where the external place is an external place in relation to an inhabited external Territory and the installation is installed in the adjacent area in respect of that Territory—if, and only if, the last place those goods were taken in the course of being carried from the place to the installation was not a place in that Territory.
(9) For the purposes of this section, goods shall be taken to have been taken directly from a sea installation to an external place:
(a) where the installation is installed in the adjacent area in respect of a State or of the Northern Territory and that external place is an external place in relation to Australia—if, and only if, the first place those goods were taken in the course of being carried from the installation to the place is not a place in Australia;
(b) where the installation is installed in the adjacent area in respect of an uninhabited external Territory and the external place is an external place in relation to that Territory—if, and only if, the first place those goods were taken in the course of being carried from the installation to the place is not a place in Australia; or
(c) where the installation is installed in the adjacent area in respect of an inhabited external Territory and the external place is an external place in relation to that Territory—if, and only if, the first place those goods were taken in the course of being carried from the installation to the place is not a place in that Territory.
(10) For the purposes of this section:
(a) a person shall not be taken to travel from or to an external place or a sea installation because only of having been in an aircraft that flies over, or lands at, that place or installation; and
(b) goods shall not be taken to have been brought from, or sent to, an external place or a sea installation because only of having been in an aircraft that flies over, or lands at, that place or installation.
(11) In this section:
external place means:
(a) in relation to Australia—an external Territory or a foreign country;
(b) in relation to an uninhabited external Territory—another external Territory or a foreign country; or
(c) in relation to an inhabited external Territory—Australia, another external Territory or a foreign country.
inhabited external Territory means Norfolk Island, the Territory of Christmas Island or the Territory of the Cocos (Keeling) Islands.
uninhabited external Territory means an external Territory other than an inhabited external Territory.
Penalty for a contravention of subsection (1), (2) or (3):
(a) in the case of a natural person—$50,000; or
(b) in the case of a body corporate—$250,000.
55 Directions for removal of sea installations etc.
(1) The Minister may, by notice in writing served on the owner or operator of a sea installation, direct that owner or operator, as the case may be, to do either or both of the following things within a period specified in the notice and in a manner specified in the notice:
(a) to remove or cause to be removed from an adjacent area that installation and all or any property brought into that area by that person or any other person for the purpose of the installation of, the use of, or work on, that installation or to make arrangements that are satisfactory to the Minister with respect to that installation and property;
(b) to make good, to the satisfaction of the Minister, any damage to the seabed or subsoil in an adjacent area caused by that person or any other person in the installation of, the use of, or work on, that installation.
(3) A person to whom a direction is given under subsection (1) shall comply with the direction.
Penalty:
(a) in the case of a natural person—$50,000; or
(b) in the case of a body corporate—$250,000.
57 Safety zones
(1) Subject to subsection (2), for the purpose of protecting a sea installation installed, or being installed, in an adjacent area, the Minister may, by notice in writing published in the Gazette, prohibit:
(a) all vessels;
(b) all vessels other than specified vessels; or
(c) all vessels other than specified classes of vessels;
from entering or remaining in a specified safety zone surrounding the installation without the consent in writing of the Minister.
(2) A safety zone specified in a notice may extend to a distance of 500 metres around the sea installation specified in the notice measured from each point of the outer edge of the installation.
(3) Where a vessel enters or remains in a safety zone in contravention of the notice, the owner and the person in charge of the vessel are each guilty of an offence against this section and are punishable, upon conviction, by:
(a) in the case of a natural person—a fine not exceeding $100,000 or imprisonment for a term not exceeding 10 years, or both; or
(b) in the case of a body corporate—a fine not exceeding $500,000.
(3A) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) It is a defence to a charge of an offence of entering or remaining in a safety zone if it is established that the entering or remaining:
(a) occurred because of factors beyond the control of the person charged;
(b) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life; or
(c) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea or of a sea installation.
59 Injunctions
(1) Where, on the application of the Minister or of an interested person, a court having jurisdiction under section 49 is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:
(a) a contravention of this Act or of the regulations;
(b) attempting such a contravention;
(c) aiding, abetting, counselling or procuring such a contravention;
(d) inducing, or attempting to induce, whether by threats, promises or otherwise, such a contravention;
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, such a contravention by a person; or
(f) conspiring with others to contravene this Act or the regulations;
the court may grant an injunction restraining the person from engaging in the conduct and, if in the opinion of the court it is desirable to do so, requiring that the person do any act or thing.
(2) Where an application is made for an injunction under subsection (1), the court may, if the court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1).
(3) Where in the opinion of the court it is desirable to grant an interim injunction pending determination of an application under subsection (1), the court may do so.
(4) Where the Minister makes an application to a court for the grant of an injunction under this section, the court shall not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
(5) The court may rescind or vary an injunction granted under subsection (1) or (3).
(6) The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind;
(b) whether or not the person has previously engaged in conduct of that kind; and
(c) whether or not there is a serious and immediate threat of injury to the environment if the person engages in conduct of that kind.
(7) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised:
(a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;
(b) whether or not the person has previously refused or failed to do that act or thing; and
(c) whether or not there is a serious and immediate threat of injury to the environment if the person refuses or fails to do that act or thing.
(8) The reference in subsection (1) to an interested person, in relation to conduct referred to in that subsection, shall be read as a reference to:
(a) a person whose use or enjoyment of an adjacent area or of a part of an adjacent area is, or is likely to be, adversely affected by that conduct; or
(b) an organisation or association of persons, whether incorporated or not, the objects or purposes of which include, and activities of which relate to, the protection or conservation of an adjacent area or of a part of an adjacent area that is, or is likely to be, affected by that conduct.
(9) Paragraph (8)(b) does not apply in relation to conduct undertaken:
(a) before the organisation or association was formed;
(b) before the objects or purposes of the organisation or association included the matter concerned; or
(c) before the organisation or association engaged in activities related to the matter concerned.
Part VII—Administration
60 Appointment of inspectors
The Minister may, in writing, appoint:
(a) a specified person; or
(b) persons in a specified class of persons;
to be an inspector, or inspectors, for the purposes of this Act.
61 Identity cards
(1) The Minister may cause to be issued to an inspector, other than a member of a police force, an identity card in a form approved by the Minister.
(2) Where a person in possession of an identity card issued to the person ceases to be an inspector, the person shall forthwith return the identity card to the Minister.
Penalty: $100.
(3) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
62 Power of entry
(1) Subject to subsections (2), (3) and (4), an inspector may board a sea installation, at any reasonable time during the day or night, for the purpose of ascertaining whether there has been or is a contravention of this Act or of the regulations and may:
(a) enter into and search any part of the installation;
(b) take on to the installation, and into any part of the installation, such equipment and materials as the inspector requires for the purpose of exercising his or her powers under this section;
(c) inspect, examine, take measurements of or conduct tests concerning any structure, plant, substance or other thing on the installation;
(d) take photographs, or make sketches, of the installation, any part of the installation or any structure, plant, substance or other thing on the installation;
(e) record any occurrences on the installation or in any part of the installation;
(f) inspect, take extracts from or make copies of any books, records or documents relating to the installation or activities undertaken on the installation; or
(g) direct that the installation, or any part of the installation, be left undisturbed for a specified period.
(2) Subject to subsections (3) and (4), an inspector shall not board a sea installation under subsection (1) unless:
(b) the operator of the installation has consented to the inspector boarding the installation;
(c) the inspector is authorised, under a warrant issued under subsection (4), to board the installation; or
(d) the inspector believes on reasonable grounds that there exists on the installation a state of affairs constituting a risk to human life or that serious damage to the installation or to the environment has occurred or is imminent.
(3) Subject to subsection (4), an inspector shall not enter any part of a sea installation that is residential or sleeping quarters (however designated), unless:
(a) the occupier of the quarters consents to the inspector entering those quarters;
(b) the inspector is authorised, under a warrant issued under subsection (4), to enter those quarters; or
(c) the inspector believes on reasonable grounds that entry into, and exercise of the powers of an inspector under paragraphs (1)(a) to (g) (inclusive) in respect of, the quarters will reveal a state of affairs constituting a risk to human life or will reveal that serious damage to the installation or to the environment has occurred or is imminent.
(4) If, on an application made by an inspector, a Magistrate is satisfied by information on oath, that it is reasonably necessary that the inspector should, for the purposes of exercising the powers of the inspector under paragraphs (1)(a) to (g) (inclusive) in relation to a sea installation or to a particular part of a sea installation, have access to an installation, or to that part of the installation, the Magistrate may issue a warrant authorising the inspector (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable:
(a) to board the installation or enter that part of the installation, as the case may be; and
(b) to exercise those powers in relation to the sea installation or to that part of the sea installation.
(5) Immediately upon boarding a sea installation under subsection (1), an inspector shall take all reasonable steps to notify the person in charge of the installation of the purpose for which the inspector has boarded the installation, and shall produce his or her identity card for inspection by the person upon being requested to do so.
(6) There shall be stated in a warrant issued under subsection (4):
(a) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(b) a day, not being later than one month after the date of issue of the warrant, at the end of which the warrant ceases to have effect.
(7) Where it is reasonably necessary for the purpose of inspecting, examining, taking measurements for or conducting tests concerning any structure, plant, substance or thing on a sea installation, an inspector may, in the exercise of his or her powers under paragraph (1)(c):
(a) take possession of the structure, plant, substance or thing and remove it from the installation; or
(b) take a sample from the structure, plant, substance or thing and remove the sample from the installation.
(8) Where, because of circumstances of urgency, it is necessary to do so, the inspector may make application by telephone to a Magistrate for the issue of a warrant under subsection (4).
(9) Before making an application under subsection (8), an inspector shall prepare an information that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.
(10) Where a Magistrate issues a warrant under subsection (4) upon an application under subsection (8) by an inspector:
(a) the Magistrate shall:
(i) complete and sign the warrant;
(ii) inform the inspector of the terms of the warrant and the date on which and the time at which it was signed; and
(iii) record on the warrant the reasons for the issuing of the warrant on an application under subsection (8); and
(b) the inspector shall complete a form of warrant in terms furnished to the inspector by the Magistrate and write on it the name of the Magistrate and the date on which and the time at which it was signed.
(11) Where an inspector completes a form of warrant in accordance with paragraph (10)(b), the inspector shall, not later than the day next following the day on which the warrant is to cease to have effect, send to the Magistrate who signed the warrant the form of the warrant completed by the inspector and the information duly sworn in connection with the warrant.
(12) Upon receipt of the documents referred to in subsection (11), the Magistrate shall attach them to the warrant signed by the Magistrate and deal with the documents in the manner in which the Magistrate would have dealt with the information if the application for the warrant had been made under subsection (4).
(13) A form of warrant duly completed in accordance with paragraph (10)(b) shall, if it is in accordance with the terms of the warrant issued by the Magistrate, be deemed to be a warrant issued under subsection (4).
(14) A reference in this section to a contravention of this Act or of the regulations includes a reference to an offence against section 11.1, 11.2, 11.2A or 11.5 of the Criminal Code in relation to such a contravention.
63 Power to require information
(1) An inspector may, by notice in writing given or sent by post to a person, require the person to give to the inspector, within such a period as specified in the notice, such information in relation to matters relevant to the operation of this Act as is specified in the notice, including information verified by statutory declaration.
(2) A person shall not refuse or fail to provide information that is required to be provided under subsection (1).
Penalty:
(a) in the case of a natural person—$2,000 or imprisonment for 12 months, or both; or
(b) in the case of a body corporate—$10,000.
(2A) Subsection (2) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3) of the Criminal Code.
(3) A person is not excused from providing information that the person is required under subsection (1) to provide on the ground that the information might tend to incriminate the person, but any information so provided, and any information or thing (including any document) obtained as a direct or indirect consequence of the provision of the information, is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence against subsection (2) or against Division 137 of the Criminal Code in its application to that information or thing.
65 Indictable offences
(1) An offence against subsection 51(1), (2) or (3) or section 55 is an indictable offence.
(2) An offence against this Act that is not an indictable offence is a summary offence.
(3) Notwithstanding that an offence against this Act is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is:
(a) if an offence is an offence against subsection 51(1), (2) or (3) or section 55:
(i) in the case of a natural person—a fine not exceeding $5,000; or
(ii) in the case of a body corporate—a fine not exceeding $25,000;
(b) if the offence is an offence against section 57:
(i) in the case of a natural person—a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years, or both; or
(ii) in the case of a body corporate—a fine not exceeding $25,000.
66 Conduct by directors, servants or agents
(1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
(2) Any conduct engaged in on behalf of a body corporate:
(a) by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.
(3) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in respect of conduct deemed by subsection (4) to have been engaged in by the person, it is sufficient to show that a servant or agent of the person, being a servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
(4) Conduct engaged in on behalf of a person other than a body corporate:
(a) by a servant or agent of the person within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first‑mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent;
shall be deemed, for the purposes of this Act, to have been engaged in by the first‑mentioned person.
(5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.
(6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.
Part IX—Miscellaneous
73 Recompense of expenses incurred by States etc.
(1) The Minister may enter into arrangements with a State or the Northern Territory for the payment by the Commonwealth to the State or Territory of money in relation to the administration of this Act.
(2) Payments under arrangements referred to in subsection (1) shall be made out of money appropriated by the Parliament for the purpose.
74 Delegation
(1) The Minister may, either generally or otherwise as provided in the instrument of delegation, in writing, delegate to:
(a) the holder of an office established by an Act;
(b) the holder of an office established by a law of a State or of a Territory;
(c) a person appointed or engaged under the Public Service Act 1999; or
(d) an officer or employee of the Public Service of a State or Territory; or
(e) a person, other than a person referred to in paragraph (c) or (d), who is employed by an authority or body established by a law of the Commonwealth, a State or a Territory;
all or any of the functions or powers of the Minister under this Act, other than this power of delegation.
75 Application for review
(1) Applications may be made to the Administrative Appeals Tribunal for review of any of the following:
(p) a decision of the Minister for the purposes of paragraph 51(4)(c);
(r) a decision of the Minister for the purposes of subsection 55(1);
(t) a decision of the inspector for the purposes of paragraph 62(1)(g);
(u) a decision of an inspector for the purposes of subsection 62(7).
(2) In subsection (1), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
76 Statement to accompany notice of decisions
(1) Where the Minister or an inspector makes a decision of a kind referred to in subsection 75(1) and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975, application may be made by or on behalf of that person to the Administrative Appeals Tribunal for review of that decision; and
(b) except where subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.
(2) Any contravention of subsection (1) in relation to a decision does not affect the validity of the decision.
77 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular:
(c) prohibiting or regulating activities on sea installations installed or being installed in an adjacent area;
(d) prescribing matters to ensure the safety of persons on such sea installations;
(e) prescribing procedures to be observed in emergencies on such sea installations;
(g) prescribing matters relating to ships travelling between such sea installations and other places;
(h) prohibiting or regulating trade or other activities in the vicinity of such sea installations; and
(j) prescribing penalties for contravention of the regulations not exceeding:
(i) in the case of a natural person—$5,000; or
(ii) in the case of a body corporate—$25,000.
